Section 495 — Environment Protection and Biodiversity Conservation Act 1999: Criminal liability of executive officers of bodies corporate

(1) If: (a) a body corporate contravenes: (i) section 489 (Providing false or misleading information to obtain approval or permit); or (ii) section 490 (Providing false or misleading information in response to a condition on an approval or permit); or (iii) section 491 (Providing false or misleading information to authorised officer etc.); 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 commits an offence punishable on conviction by imprisonment for a term not exceeding 2 years. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months). (2) If: (a) a body corporate contravenes: (i) section 15A (Offences relating to declared World Heritage properties); or (ia) section 15C (Offences relating to National Heritage places); or (ii) section 17B (Offences relating to declared Ramsar wetlands); or (iii) section 18A (Offences relating to threatened species etc.); or (iv) section 20A (Offences relating to listed migratory species); or (v) section 22A (Offences relating to nuclear actions); or (vi) section 24A (Offences relating to marine areas); or (via) section 24E (Offences relating to water resources); or (vii) section 27A (Offences relating to Commonwealth land); or (viia) section 27C (Offences relating to Commonwealth heritage places overseas); or (viii) section 142A (Offence of breaching conditions on approval); or (ix) section 390SB (Offence relating to declared commercial fishing activity); and (b) an executive officer of the body was reckless 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 commits an offence. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (3) An offence against subsection (2) is punishable on conviction by imprisonment for a term not exceeding the term specified in the provision contravened by the body corporate. Note: Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).