Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An executive officer of a body corporate contravenes this subsection if:
(a) the body contravenes (the sponsorship - related contravention ) a civil penalty provision in this Subdivision; and
(b) the officer knew that, or was reckless or negligent as to whether, the sponsorship - related contravention would occur; and
(c) the officer was in a position to influence the conduct of the body in relation to the sponsorship - related contravention; and
(d) the officer failed to take all reasonable steps to prevent the sponsorship - related contravention.
Note: Section 486ZF (which provides that a person's state of mind does not need to be proven in proceedings for a civil penalty order) does not apply in relation to a contravention of this subsection.
Civil penalty provision
(2) An executive officer of a body corporate is liable to a civil penalty if the officer contravenes subsection (1).
Civil penalty: 240 penalty units.
Reasonable steps to prevent the contravention
(3) In determining whether the executive officer of the body corporate failed to take all reasonable steps to prevent the sponsorship - related contravention by the body, a court must have regard to:
(a) what action (if any) the officer took towards ensuring that the body's employees, agents and contractors had a reasonable knowledge and understanding of the requirements to comply with this Subdivision, insofar as those requirements affected the employees, agents or contractors concerned; and
(b) what action (if any) the officer took when he or she became aware that the body was engaging in the sponsorship - related contravention.
(4) Subsection (3) does not limit subsection (1).
(5) In this section:
"negligent" : an executive officer of a body corporate is negligent as to whether a sponsorship - related 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 sponsorship - related contravention would occur;
that the conduct merits the imposition of a pecuniary penalty.
"reckless" : an executive officer of a body corporate is reckless as to whether a sponsorship - related contravention would occur if:
(a) the officer is aware of a substantial risk that the sponsorship - related contravention would occur; and
(b) having regard to the circumstances known to the officer, it is unjustifiable to take the risk.