WORK HEALTH AND SAFETY ACT 2011 - SECT 245
Offences and the State, Commonwealth and other States
WORK HEALTH AND SAFETY ACT 2011 - SECT 245
Offences and the State, Commonwealth and other States
245 Offences and the State, Commonwealth and other States
(1) If the State, Commonwealth or another State is found guilty of an offence
against this Act, the penalty to be imposed on the State, Commonwealth or
other State is the penalty applicable to a body corporate.
(2) For this Act,
conduct engaged in on behalf of the State, Commonwealth or another State by an
employee, agent or officer of the State, Commonwealth or other State acting
within the actual or apparent scope of his or her employment, or within his or
her actual or apparent authority, is conduct also engaged in by the State,
Commonwealth or other State.
(3) If an offence under this Act requires proof
of knowledge, intention or recklessness, it is sufficient in proceedings
against the State, Commonwealth or another State for the offence to prove that
the person mentioned in subsection (2) had the relevant knowledge, intention
or recklessness.
(4) If for an offence against this Act mistake of fact is
relevant to determining liability, it is sufficient in proceedings against the
State, Commonwealth or another State for the offence if the person mentioned
in subsection (2) made the mistake of fact.
