You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (1999 - 80)
Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 24 October 2017 at 03:48)
Part 10
Part 10 Procedural provisions
Division 1 Proceedings for offences
71   Manner in which proceedings for offences may be dealt with
(1)  Proceedings for an offence under Division 1 of Part 2 may be dealt with summarily before the Land and Environment Court in its summary jurisdiction.
(2)  Proceedings for an offence under this Act or the regulations (other than under Division 1 of Part 2) may be dealt with:
(a)  summarily before the Local Court, or
(b)  summarily before the Land and Environment Court in its summary jurisdiction.
(3)  If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is $20,000 despite any other higher monetary penalty provided in respect of the offence.
72   Time within which summary proceedings may be commenced
(1)  This section applies only to proceedings that are to be dealt with summarily.
(2)  Proceedings for an offence under this Act or the regulations may be commenced:
(a)  in the case of a prescribed offence—within but not later than 3 years after the date on which the offence is alleged to have been committed, or
(b)  in any other case—within but not later than 12 months after that date.
(3)  Proceedings for an offence under this Act or the regulations may also be commenced:
(a)  in the case of a prescribed offence—within but not later than 3 years after the date on which evidence of the alleged offence first came to the attention of any relevant authorised officer, or
(b)  in any other case—within but not later than 12 months after that date.
(4)  If subsection (3) is relied on for the purpose of commencing proceedings for an offence, the information or application must contain particulars of the date on which evidence of the offence first came to the attention of any authorised officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of any authorised officer is the date specified in the information or application, unless the contrary is established.
(5)  This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.
(6)  In this section:
authorised officer means any person who is an authorised officer for the purposes of this Act, whether or not the person has the functions of an authorised officer in connection with the offence concerned.
evidence of an offence means evidence of any act or omission constituting the offence.
prescribed offence means:
(a)  an offence under Division 1 of Part 2, or
(b)  an offence under section 45, or
(c)  an offence under this Act that is declared by the regulations to be a prescribed offence for the purposes of this section.
73   Environment Protection Authority may institute proceedings
Proceedings for an offence under this Act or the regulations may be instituted only by the Environment Protection Authority.
74   Penalty notices and related proceedings excluded
(1)  This Division does not affect the issue of a penalty notice under Division 2 or enforcement proceedings consequent on the failure to pay the amount of the penalty notice.
(2)  Enforcement proceedings include proceedings under Part 3 or 4 of the Fines Act 1996 or proceedings instituted by an officer authorised to issue such a penalty notice.
Division 2 Penalty notices
75   Penalty notice offences
(1)  For the purposes of this Division, a penalty notice offence is an offence under this Act or the regulations that is prescribed by the regulations for the purposes of this Division, other than an offence arising under Division 1 of Part 2.
(2)  A penalty notice is a notice to the effect that, if the person served with the notice does not wish to have a specified penalty notice offence dealt with by a court, the person may pay the penalty prescribed under section 78 for the offence:
(a)  within the time specified in the notice (being 28 days from the date on which the notice was served), and
(b)  to the person specified in the notice.
76   Service of penalty notices
(1)  An authorised officer may serve a penalty notice on a person if it appears to the authorised officer that the person has committed a penalty notice offence.
(2)  A penalty notice may be served personally or by post.
(3)  The regulations may authorise a penalty notice also to be served by leaving the notice on a vehicle or at other premises in respect of which the offence was committed.
77   Consequences of paying penalty in accordance with penalty notice
(1)  If the penalty prescribed for an alleged offence is paid in accordance with this Division, no person is liable to any further proceedings for the alleged offence.
(2)  Payment in accordance with this Division is not to be regarded as an admission of liability for the purposes of, nor is it in any way to affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
78   Penalty payable
(1)  The regulations may prescribe the penalty payable under a penalty notice in respect of a penalty notice offence.
(2)  Any such penalty may not exceed $1,500 nor the maximum penalty that may be imposed by a court on a conviction for the offence.
79   Withdrawal of penalty notice
(1)  An authorised officer:
(a)  may withdraw the notice within 28 days after the date on which the notice was served, and
(b)  must withdraw the notice immediately if directed to do so by the Environment Protection Authority.
(2)  The following provisions have effect in relation to an alleged offence if a penalty notice for the alleged offence is withdrawn in accordance with this section:
(a)  The amount that was payable under the notice ceases to be payable.
(b)  Any amount that has been paid under the notice is repayable to the person by whom it was paid.
(c)  Further proceedings in respect of the alleged offence may be taken against any person (including the person on whom the notice was served) as if the notice had never been served.
80   Effect on other provisions
This Division does not limit the operation of this or any other Act in relation to proceedings that may be taken in relation to offences.
Division 3 Restraining orders
81   Application of Division
(1)  This Division applies where:
(a)  proceedings have been commenced against a person for an offence under this Act or the regulations and, as a result of those proceedings, the person may be required to pay an amount referred to in section 95, or
(b)  proceedings have been commenced against a person under section 96.
(2)  In this Division:
the defendant means the person referred to in subsection (1) (a) or (b).
82   Nature of restraining order
A restraining order is an order of a court directing that any property of the defendant is not to be disposed of, or otherwise dealt with, by the defendant or by any other person, except in such manner and in such circumstances (if any) as are specified in the order.
83   Application for restraining order
(1)  The person bringing the proceedings (as referred to in section 81) may apply for a restraining order in relation to property of the defendant.
(2)  An application under this section may be made:
(a)  in the case of proceedings taken before the Local Court—to the Land and Environment Court, and
(b)  in the case of other proceedings—to the court before which the proceedings are brought.
(3)  On an application under this section:
(a)  the court may, if it thinks fit, require the person making the application to give notice of the application to a person who the court has reason to believe has an interest in the property or part of the property, and
(b)  a person to whom the court requires notice to be given under paragraph (a) is entitled to appear and to adduce evidence at the hearing of the application.
84   Making of restraining order
On an application under section 83, the court may make a restraining order in relation to the defendant’s property, if it is satisfied (on the information contained in or accompanying the application) that:
(a)  the defendant has committed the relevant offence, and
(b)  amounts are or are likely to be payable under section 95 or 96, and
(c)  it is appropriate to make an order under this section in the circumstances of the case.
85   Undertakings
The court may refuse to make a restraining order if the person making the application refuses or fails to give to the court such undertakings as the court considers appropriate with respect to the payment of damages or costs, or both, in relation to the making or operation of the order.
86   Ancillary orders
(1)  A court that makes a restraining order may make any ancillary orders that the court considers appropriate.
(2)  Without limiting the generality of subsection (1), ancillary orders may include any one or more of the following:
(a)  an order for the examination on oath of:
(i)  the defendant, or
(ii)  another person,
before the court, or an officer of the court prescribed by rules of court, concerning the affairs of the defendant, including the nature and location of any property of the defendant,
(b)  an order varying the restraining order in respect of the property to which it relates,
(c)  an order varying any conditions to which the restraining order was subject.
(3)  An ancillary order may be made on application:
(a)  by the applicant for the restraining order, or
(b)  by the defendant, or
(c)  with the leave of the court, by any other person.
(4)  Ancillary orders may be made when or at any time after the restraining order is made. An ancillary order referred to in subsection (2) (a) may be made in advance of the restraining order.
87   Charge on property subject to restraining orders
(1)  If:
(a)  a court has made a restraining order in respect of particular property or all of the property of the defendant, and
(b)  the court orders the payment of an amount referred to in section 95 or 96,
there is created by force of this section, on the making of the order referred to in paragraph (b), a charge on all the property to which the restraining order applies to secure the payment to the Environment Protection Authority or a person of the amount referred to in section 95 or 96.
(2)  Such a charge ceases to have effect in respect of the property:
(a)  on payment by the defendant to the Environment Protection Authority or person of the amount concerned, or
(b)  on the sale or other disposition of the property with the consent of the court, or
(c)  on the sale of the property to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,
whichever first occurs.
(3)  Such a charge is subject to every charge or encumbrance to which the property was subject immediately before the order referred to in subsection (1) (b) was made and, in the case of land under the provisions of the Real Property Act 1900, is subject to every mortgage, lease or other interest recorded in the Register kept under that Act.
(4)  Such a charge is not affected by any change of ownership of the property, except as provided by subsection (2).
(5)  If:
(a)  such a charge is created on property of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, property of that kind, and
(b)  the charge is so registered,
a person who purchases or otherwise acquires the property after the registration of the charge is, for the purposes of subsection (2), taken to have notice of the charge.
(6)  If such a charge relates to land under the provisions of the Real Property Act 1900, the charge has no effect until it is registered under that Act.
88   Registration of restraining orders
(1)  If a restraining order applies to property of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, property of that kind, the authority responsible for administering the provisions is required, on application by any person, to record the particulars of the order in the register kept under those provisions.
(2)  If the particulars of a restraining order are so recorded, a person who afterwards deals with the property is, for the purposes of section 87 (2), taken to have notice of the charge created by this Act on the making of the order.
(3)  If a restraining order applies to land under the provisions of the Real Property Act 1900, a caveat may be lodged under that Act in relation to the order.
89   Contravention of restraining orders
(1)  A person who knowingly contravenes a restraining order by disposing of, or otherwise dealing with, property that is subject to the order is guilty of an offence.
Maximum penalty: A fine equivalent to the value of the property (as determined by the court) or imprisonment for 2 years, or both.
(2)  If:
(a)  a restraining order is made against property, and
(b)  the property is disposed of, or otherwise dealt with, in contravention of the restraining order, and
(c)  the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith,
the person who applied for the restraining order may apply to the court that made the restraining order for an order that the disposition or dealing with the property be set aside.
(3)  If an application is made under subsection (2), the court may make an order:
(a)  setting aside the disposition or dealing as from the day on which the disposition or dealing took place or as from the day of the order under this subsection, and
(b)  (if appropriate) declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order.
90   Court may revoke restraining order
(1)  The court that made a restraining order may revoke the order, on application made to it by the person in relation to whose property it was made.
(2)  The court may refuse to revoke the order if the person does not:
(a)  give security satisfactory to the court for the payment of any amount referred to in section 95 or 96 that may be imposed on or ordered to be paid by the person under this Act in respect of the person’s conviction for the offence, or
(b)  give undertakings satisfactory to the court concerning the person’s property.
(3)  Subsection (2) does not limit the discretion of the court to revoke or refuse to revoke a restraining order.
91   Time when restraining order ceases to be in force
If, after a restraining order was made in reliance on the charging of a person with an offence under this Act or the regulations:
(a)  the charge is withdrawn and the person is not charged with a related offence by the time of the withdrawal—the restraining order ceases to be in force when the charge is withdrawn, or
(b)  the person is acquitted of the charge and the person is not charged with a related offence by the time of the acquittal—the restraining order ceases to be in force when the acquittal occurs.
Division 4 Court orders in connection with offences
92   Operation of Division
(1)  This Division (other than section 100 (2)) applies where a court finds an offence under this Act or regulations proved.
(2)  Without limiting the generality of subsection (1), a court finds an offence proved if:
(a)  the court convicts the offender of the offence, or
(b)  the court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 against the offender in relation to the offence (in which case the order is not a punishment for the purposes of that section).
(3)  In this Division:
the court means the court that finds the offence proved.
the offender means the person who is found to have committed the offence.
93   Orders generally
(1)  One or more orders may be made under this Division against the offender.
(2)  Orders may be made under this Division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.
94   Orders for restoration and prevention
The court may order the offender to take such steps as are specified in the order, within such time as is so specified (or such further time as the court on application may allow):
(a)  to prevent, control, abate or mitigate any pesticide pollution caused by the commission of the offence, or
(b)  to make good any resulting environmental damage, or
(c)  to prevent the continuance or recurrence of the offence.
95   Orders for costs, expenses and compensation at time offence proved
(1)  The court may, if it appears to the court that:
(a)  a public authority has incurred costs and expenses in connection with:
(i)  the prevention, control, abatement or mitigation of any pesticide pollution caused by the commission of the offence, or
(ii)  making good any resulting environmental damage, or
(b)  a person (including a public authority) has, by reason of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,
order the offender to pay to the public authority or person the costs and expenses so incurred, or compensation for the loss or damage so suffered, as the case may be, in such amount as is fixed by the order.
(2)  An order made by the Land and Environment Court under subsection (1) is enforceable as if it were an order made by the Court in Class 4 proceedings under the Land and Environment Court Act 1979.
(3)  The Local Court may not make an order under subsection (1) for the payment of an amount that exceeds the amount for which an order may be made by the court when exercising jurisdiction under the Civil Procedure Act 2005. An order made by the court is enforceable as if it were an order made by the court when exercising jurisdiction under that Act.
96   Recovery of costs, expenses and compensation after offence proved
(1)  If, after the court finds the offence proved:
(a)  a public authority has incurred costs and expenses in connection with:
(i)  the prevention, control, abatement or mitigation of any pesticide pollution caused by the commission of the offence, or
(ii)  making good any resulting environmental damage, or
(b)  a person (including a public authority) has, by reason of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,
the person or public authority may recover from the offender the costs and expenses incurred or the amount of the loss or damage in the Land and Environment Court.
(2)  The amount of any such costs and expenses (but not the amount of any such loss or damage) may be recovered as a debt.
97   Orders regarding costs and expenses of investigation
(1)  The court may, if it appears to the court that the Environment Protection Authority has reasonably incurred costs and expenses during the investigation of the offence, order the offender to pay to the Authority the costs and expenses so incurred in such amount as is fixed by the order.
(2)  An order made by the Land and Environment Court under subsection (1) is enforceable as if it were an order made by the Court in Class 4 proceedings under the Land and Environment Court Act 1979. An order made by the Local Court under subsection (1) is enforceable as if it were an order made by the court when exercising jurisdiction under the Civil Procedure Act 2005.
(3)  In this section:
costs and expenses, in relation to the investigation of an offence, means the costs and expenses in taking any sample or conducting any inspection, test, measurement or analysis during the investigation of the offence.
98   Orders regarding monetary benefits
(1)  The court may order the offender to pay, as part of the penalty for committing the offence, an additional penalty of an amount not exceeding the court’s estimation of the amount of any monetary benefits acquired by the offender, or accrued or accruing to the offender, as a result of the commission of the offence.
(2)  The amount of an additional penalty for an offence is not subject to any maximum amount of penalty provided elsewhere by or under this Act.
(3)  In this section:
monetary benefits means monetary, financial or economic benefits.
the court does not include the Local Court.
99   Additional orders
(1)  The court may do any one or more of the following:
(a)  order the offender not to use a particular pesticide or any pesticide of a particular class,
(b)  order the offender to undertake a specified training course in the use of pesticides,
(c)  order the offender to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit,
(d)  order the offender to carry out a specified environmental audit of activities carried on by the offender.
(2)  The Local Court is not authorised to make an order referred to in subsection (1) (c) or (d).
(3)  The court may, in an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.
100   Forfeiture to Crown
(1)  If a person is convicted of an offence under this Act or the regulations, the court may order that any pesticide, substance, agricultural produce, container or other thing in respect of which the offence was committed is to be forfeited to the Crown.
(2)  A court may, on application by the Environment Protection Authority, order that any pesticide, substance, agricultural produce, container or other thing seized by an authorised officer in exercising powers in connection with this Act or the regulations is to be forfeited to the Crown.
(3)  Any such pesticide, agricultural produce, container or other thing forfeited to the Crown may be sold, destroyed or disposed of as directed by the Environment Protection Authority.
(4)  The relevant person must pay to the Crown the reasonable costs of destruction, sale or other disposal. The relevant person is the person referred to in subsection (1), the owner of the thing seized as referred to in subsection (2), or the occupier of the premises in or on which the thing was seized.
101   Offence
A person who fails to comply with an order under this Division (except an order under section 95, 96, 97 or 100) is guilty of an offence.
Maximum penalty:
(a)  in the case of a corporation—$120,000 for each day the offence continues, or
(b)  in the case of an individual—$60,000 for each day the offence continues.
Division 5 Evidentiary provisions
102   Definitions
In this Division:
designated officer means an officer of the Environment Protection Authority designated in writing by the Chairperson of the Authority for the purposes of this Division.
information relating to an offence includes an application referred to in section 41 of the Land and Environment Court Act 1979.
instrument includes a notice, order or written direction.
103   Evidence relating to occupier of premises
In any proceedings for an offence under section 19 (4) or 25, no proof is required (until evidence is given to the contrary) of the fact that a person is, or at any relevant time was, the occupier of any premises to which the proceedings relate.
104   Onus of proof concerning reasonable excuse
In any proceedings under this Act, the onus of proving that a person had a reasonable excuse (as referred to in any provision of this Act or the regulations) lies with the defendant.
105   Proof of certain things not required
(1)  In any proceedings under this Act no proof is required (until evidence is given to the contrary) of the appointment of the Chairperson of the Environment Protection Authority or any member of the staff of the Authority.
(2)  Any instrument purporting:
(a)  to be an instrument issued, made or given for the purposes of this Act or the Protection of the Environment Operations Act 1997, and
(b)  to have been signed by the person authorised to issue, make or give the instrument, or by another person acting as delegate or on behalf of the person,
is admissible in any proceedings under this Act and (in the absence of evidence to the contrary) is to be taken to be such an instrument and to have been so signed.
106   Certificate evidence of certain matters
(1)  A document signed by the Chairperson of the Environment Protection Authority or a designated officer and certifying any one or more of the matters specified in subsection (2) is admissible in any proceedings under this Act and is prima facie evidence of the matters so certified.
(2)  The matters referred to in subsection (1) are as follows:
(a)  that a pesticide was or was not, at a specified time or during a specified period, a registered pesticide,
(b)  that a label was or was not, at a specified time, the approved label for a pesticide,
(c)  that a permit was or was not, at a specified time, in force,
(d)  that a person was or was not, at a specified time or during a specified period, authorised by a permit to do, or omit to do, something,
(e)  that a pesticide control order was or was not, at a specified time, in force,
(f)  that a person was or was not, at a specified time or during a specified period, the holder of a licence or restricted pesticide authorisation,
(g)  that a licence or restricted pesticide authorisation was or was not, at a specified time, subject to specified conditions,
(h)  that a licence or restricted pesticide authorisation was, at a specified time, revoked or suspended for a specified period,
(i)  that the matter appearing on an approved label, permit or restricted pesticide authorisation described in the document is identical to the matter set out in, or in an instrument annexed to, the document,
(j)  that a person was or was not, at a specified time or during a specified period, an authorised officer,
(k)  that a person was or was not, at a specified time or during a specified period, a member of staff of the Environment Protection Authority,
(l)  that an exemption was or was not given under this Act in relation to any specified matter,
(m)  that any such exemption was or was not, at a specified time or during a specified period, in force or subject to specified conditions,
(n)  that any exemption was or was not, or that any such conditions were or were not, varied or revoked at a specified time,
(o)  any other matter prescribed by the regulations.
107   Evidence of analysts
(1)  The Environment Protection Authority may, by instrument in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act.
(2)  A certificate of such an analyst stating the result of an analysis or examination is admissible in evidence in any proceedings under this Act as evidence of the facts stated in the certificate and the correctness of the result of the analysis or examination.
(3)  A certificate of such an analyst that a container containing a sample was received at a specified laboratory and that the container was sealed and signed by an authorised officer is admissible in evidence in any proceedings under this Act as evidence of the facts stated in the certificate and that the sample has not been tampered with since the authorised person signed and sealed the container.
(4)  For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, to be taken to be such a certificate.
Division 6 Other procedural provisions
108   Remedy or restraint of breaches of this Act or regulations
(1)  The Environment Protection Authority may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of this Act or the regulations.
(2)  Any such proceedings may be brought whether or not proceedings have been instituted for an offence under this Act or the regulations.
(3)  If the Court is satisfied that a breach has been committed or that a breach will, unless restrained by an order of the Court, be committed, it may make such orders as it thinks fit to remedy or restrain the breach.
(4)  In this section:
breach includes a threatened or apprehended breach.
109   Matters to be considered in imposing penalty
(1)  In imposing a penalty for an offence under this Act or the regulations, the court is to take into consideration the following (so far as they are relevant):
(a)  the extent of the injury, damage or harm caused or likely to be caused by the commission of the offence,
(b)  the practical measures that may be taken to prevent, control, abate or mitigate any such injury, damage or harm,
(c)  the extent to which the person who committed the offence could reasonably have foreseen the injury, damage or harm caused or likely to be caused by the commission of the offence,
(d)  the extent to which the person who committed the offence had control over the causes that gave rise to the offence,
(e)  whether, in committing the offence, the person was complying with orders from an employer or supervising employee,
(f)  in any case where the defendant is a corporation, the type of corporation concerned (eg whether it is a sole trader or a family-owned business),
(g)  whether the person who committed the offence complied with any relevant pesticide code of practice.
(2)  The court may take into consideration other matters that it considers relevant.
110   Enforcement of undertakings
(1)  The Environment Protection Authority may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the Authority has a function under this Act.
(2)  The person may withdraw or vary the undertaking at any time, but only with the consent in writing of the Authority. The consent of the Authority is required even if the undertaking purports to authorise withdrawal or variation of the undertaking without that consent.
(3)  The Authority may apply to the Land and Environment Court for an order under subsection (4) if the Authority considers that the person who gave the undertaking has breached any of its terms.
(4)  The Court may make all or any of the following orders if it is satisfied that the person has breached a term of the undertaking:
(a)  an order directing the person to comply with that term of the undertaking,
(b)  an order directing the person to pay to the State an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach,
(c)  any order that the Court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach,
(d)  an order suspending or revoking any licence held by the person,
(e)  an order requiring the person to prevent, control, abate or mitigate any actual or likely harm to the environment caused by the breach,
(f)  an order requiring the person to make good any actual or likely harm to the environment caused by the breach,
(g)  any other order the Court considers appropriate.
111   Causing or permitting offence
(1)  A person who causes or permits, by act or omission, another person to commit an offence under a provision of this Act or the regulations is guilty of an offence under that provision and is liable, on conviction, to the same penalty applicable to an offence under that provision.
(2)  A person does not commit an offence because of this section for any act or omission that is an offence under section 112A.
112   Liability of directors etc for offences by corporation—offences attracting executive liability
(1)  For the purposes of this section, an executive liability offence is an offence against any of the following provisions of this Act that is committed by a corporation:
(a)  section 7 (1),
(b)  section 8 (1),
(c)  section 9 (1),
(d)  section 10 (1),
(e)  section 11 (1),
(f)  section 12,
(g)  section 13,
(h)  section 14 (2),
(i)  section 15 (1),
(j)  section 17,
(k)  section 19 (4),
(l)  section 25,
(m)  section 39 (4),
(n)  section 41 (2),
(o)  section 42 (4),
(p)  section 59,
(q)  section 65 (5).
(2)  A person commits an offence against this section if:
(a)  a corporation commits an executive liability offence, and
(b)  the person is:
(i)  a director of the corporation, or
(ii)  an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the executive liability offence, and
(c)  the person:
(i)  knows or ought reasonably to know that the executive liability offence (or an offence of the same type) would be or is being committed, and
(ii)  fails to take all reasonable steps to prevent or stop the commission of that offence.
Maximum penalty: The maximum penalty for the executive liability offence if committed by an individual.
(3)  The prosecution bears the legal burden of proving the elements of the offence against this section.
(4)  The offence against this section can only be prosecuted by a person who can bring a prosecution for the executive liability offence.
(5)  This section does not affect the liability of the corporation for the executive liability offence, and applies whether or not the corporation is prosecuted for, or convicted of, the executive liability offence.
(6)  This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are accessories to the commission of the executive liability offence or are otherwise concerned in, or party to, the commission of the executive liability offence.
(7)  In this section:
director has the same meaning it has in the Corporations Act 2001 of the Commonwealth.
reasonable steps, in relation to the commission of an executive liability offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances:
(a)  action towards:
(i)  assessing the corporation’s compliance with the provision creating the executive liability offence, and
(ii)  ensuring that the corporation arranged regular professional assessments of its compliance with the provision,
(b)  action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the executive liability offence so far as the provision is relevant to them,
(c)  action towards ensuring that:
(i)  the plant, equipment and other resources, and
(ii)  the structures, work systems and other processes,
relevant to compliance with the provision creating the executive liability offence are appropriate in all the circumstances,
(d)  action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non-compliance with the provision creating the executive liability offence.
112A   Liability of directors etc for offences by corporation—accessory to the commission of the offences
(1)  For the purposes of this section, a corporate offence is an offence against this Act or the regulations that is capable of being committed by a corporation, whether or not it is an executive liability offence referred to in section 112.
(2)  A person commits an offence against this section if:
(a)  a corporation commits a corporate offence, and
(b)  the person is:
(i)  a director of the corporation, or
(ii)  an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and
(c)  the person:
(i)  aids, abets, counsels or procures the commission of the corporate offence, or
(ii)  induces, whether by threats or promises or otherwise, the commission of the corporate offence, or
(iii)  conspires with others to effect the commission of the corporate offence, or
(iv)  is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.
Maximum penalty: The maximum penalty for the corporate offence if committed by an individual.
(3)  The prosecution bears the legal burden of proving the elements of the offence against this section.
(4)  The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence.
(5)  This section does not affect the liability of the corporation for the corporate offence, and applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence.
(6)  This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are concerned in, or party to, the commission of the corporate offence.
112B   Evidence as to state of mind of corporation
(1)  Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a corporation (while acting in his or her capacity as such) had, at any particular time, a particular state of mind, is evidence that the corporation had that state of mind.
(2)  In this section, the state of mind of a person includes:
(a)  the knowledge, intention, opinion, belief or purpose of the person, and
(b)  the person’s reasons for the intention, opinion, belief or purpose.
113   Extra-territoriality
A person is guilty of a particular offence under this Act or the regulations in respect of any act or omission done or omitted by the person outside the State:
(a)  if the act or omission causes any substance to come into the State, and
(b)  if the substance causes harm or is likely to cause harm to the environment of the State, and
(c)  if (apart from this section) the act or omission would have constituted that offence if it had been done or omitted within the State.