Section 494 — Environment Protection and Biodiversity Conservation Act 1999: Civil penalties for executive officers of bodies corporate

(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.