MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 10 Legal proceedings
Part 2 Executive officer liability

[s 493]

          (3)   If—
                (a)   an individual is convicted of an offence against this Act;
                      and
                (b)   the individual would not have been convicted of the
                      offence if subsections (1) and (2) had not been enacted;
                the individual is not liable to be punished by imprisonment for
                the offence.
          (4)   In this section—
                representative, of a person, means—
                (a)   if the person is a corporation—
                      (i)   an executive officer, employee or agent of the
                            corporation; and
                      (ii) if, under the Corporations Act, the corporation (the
                           parent corporation) controls another corporation
                           or another corporation is a subsidiary of the parent
                           corporation—
                            (A)      the controlled corporation or the subsidiary
                                     corporation; and
                            (B)      an executive officer, employee or agent of
                                     the controlled corporation or the subsidiary
                                     corporation; or
                (b)   if the person is an individual—an employee or agent of
                      the individual.




Part 2                       Executive officer liability

493        Executive officers must ensure corporation complies
           with Act
          (1)   The executive officers of a corporation must ensure that the
                corporation complies with this Act.
Page 422                                               Current as at 20 February 2014