ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 494 Civil penalties for executive officers of bodies corporate

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 494

  (1)   If:

  (a)   a body corporate contravenes:

  (i)   a civil penalty provision of Part   3 (requirements for approval); or

  (ii)   section   142 (condition of approval); or

  (iii)   section   390SA (declared commercial fishing activity); and

  (b)   an executive officer of the body knew that, or was reckless or negligent as to whether, the contravention would occur; and

  (c)   the officer was in a position to influence the conduct of the body in relation to the contravention; and

  (d)   the officer failed to take all reasonable steps to prevent the contravention;

the officer contravenes this subsection.

  (2)   Subsection   (1) is a civil penalty provision. Under section   481, the Federal Court may order a person contravening subsection   (1) to pay a pecuniary penalty not more than the pecuniary penalty the Court could order an individual to pay for contravening the civil penalty provision contravened by the body corporate.