WORK HEALTH AND SAFETY ACT 2011 - SECT 33 Failure to comply with health and safety duty—category 3

WORK HEALTH AND SAFETY ACT 2011 - SECT 33

A person commits a category 3 offence if—

        (a)     the person has a health and safety duty; and

        (b)     the person fails to comply with that duty.

Maximum penalty:

        (a)     in the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$50 000; or

        (b)     in the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$100 000; or

        (c)     in the case of an offence committed by a body corporate—$500 000.

Note     Strict liability applies to each physical element of this offence (see  s 12A).