Australian Capital Territory Consolidated Acts

CRIMES ACT 1900 - SECT 49B

    (1)     An employer's omission to act can be conduct for this part if it is an omission to perform the duty to avoid or prevent danger to the life, safety or health of a worker of the employer if the danger arises from—

        (a)     an act of the employer; or

        (b)     anything in the employer's possession or control; or

        (c)     any undertaking of the employer.

    (2)     An omission of a senior officer of an employer to act can be conduct for this part if it is an omission to perform the duty to avoid or prevent danger to the life, safety or health of a worker of the employer if the danger arises from—

        (a)     an act of the senior officer; or

        (b)     anything in the senior officer's possession or control; or

        (c)     any undertaking of the senior officer.

    (3)     For this section, if, apart from an agreement between a person and someone else, something would have been in the person's control, the agreement must be disregarded and the thing must be taken to be in the person's control.