Commonwealth Consolidated Acts

CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 - SECT 217

  (1)   If:

  (a)   a body corporate contravenes a civil penalty provision; and

  (b)   an executive officer of the body corporate 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 corporate 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)   For the purposes of subsection   (1), the officer is reckless as to whether the contravention would occur if:

  (a)   the officer is aware of a substantial risk that the contravention would occur; and

  (b)   having regard to the circumstances known to the officer, it is unjustifiable to take the risk.

  (3)   For the purposes of subsection   (1), the officer is negligent as to whether the contravention would occur if the officer's conduct involves:

  (a)   such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and

  (b)   such a high risk that the contravention would occur;

that the conduct merits the imposition of a pecuniary penalty.

Civil penalty provision

  (4)   Subsection   (1) is a civil penalty provision .

Note:   Part   21 provides for pecuniary penalties for breaches of civil penalty provisions.