Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A responsible officer must perform the duties of his or her employer under this Act at the workplace for which he or she is the responsible officer.
Penalty:
Fine not exceeding 250 penalty units.
(2) A responsible officer is not to be taken to have failed to perform any duty of his or her employer under this Act if –
(a) it was not reasonably practicable for the responsible officer to perform that duty; or
(b) the failure to perform the duty was due to causes over which the responsible officer had no control and against the happening of which it was not reasonably practicable for the responsible officer to make provision; or
(c) the responsible officer used all due diligence to prevent the failure to perform the duty; or
(d) the responsible officer was unaware that he or she had been appointed, or was taken to have been appointed, as the responsible officer.
(3) Nothing in subsection (1) relieves the employer of performing the employer's duties under this Act.
(4) A responsible officer may be proceeded against and convicted of having failed to perform the duties of an employer under this Act whether or not the employer has been proceeded against or has been convicted of having failed to perform the duty.