WORK HEALTH AND SAFETY ACT 2011 - SECT 248 Responsible agency for the Territory

WORK HEALTH AND SAFETY ACT 2011 - SECT 248

    (1)     The following notices to be given to or served on the Territory may be given to or served on the responsible agency in relation to the notice:

        (a)     a provisional improvement notice, improvement notice, prohibition notice, non-disturbance notice or notice of entry under part 7 (Workplace entry by WHS entry permit-holders) to be given or served under this Act;

        (b)     an infringement notice for an infringement notice offence to be given or served under the Magistrates Court Act 1930

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    (2)     If an infringement notice is to be served on the Territory for an offence against this Act, the responsible agency may be specified in the infringement notice.

    (3)     If a proceeding is brought against the Territory for an offence against this Act or in relation to a contravention of this Act, the responsible agency in relation to the offence or contravention may be specified in any document initiating, or relating to, the proceeding.

    (4)     The responsible agency in relation to an offence or a contravention of this Act is entitled to act in a proceeding against the Territory for the offence or relating to the contravention and, subject to any relevant rules of court, the procedural rights and obligations of the Territory as the accused or defendant in the proceeding are conferred or imposed on the responsible agency.

    (5)     The person prosecuting the offence or bringing the proceeding may change the responsible agency during the proceeding with the court's leave.

    (6)     In this section:

"responsible agency"—

        (a)     in relation to a notice referred to in subsection (1) means—

              (i)     in the case of a provisional improvement notice, improvement notice or infringement notice—the territory agency the acts or omissions of which are alleged to contravene this Act; and

              (ii)     in the case of a prohibition notice—the territory agency which has control over the activity referred to in section 195 (1) (a) or (b) (Power to issue prohibition notice); and

              (iii)     in the case of a non-disturbance notice—the territory agency with the management and control of the workplace; and

              (iv)     in the case of a notice of entry under part 7 (Workplace entry by WHS entry permit-holders)—the territory agency conducting the relevant business or undertaking or with the management and control of the workplace; and

        (b)     in relation to an offence or proceeding for a contravention of this Act means the agency of the Territory—

              (i)     the acts or omissions of which are alleged to constitute the offence or contravention; or

              (ii)     if that agency has ceased to exist—that is the successor of that agency; or

              (iii)     if that agency has ceased to exist and there is no clear successor, that the court declares to be the responsible agency.