Victorian Consolidated Legislation

Mines Act 1958 - SECT 419

Penalty for offences against Division

419. Penalty for offences against Division



(1) Every person who is guilty of any act or omission which in the case of an
owner or manager or under-manager would be an offence against this Division
shall be deemed to be guilty of an offence against this Division.

(2) Every person who is guilty of an offence against this Division or any
regulations made pursuant to section 383 for which a penalty is not expressly
prescribed shall be liable to a penalty of not more than, if he is an owner or
manager or under-manager, 10 penalty units and if he is any other person 1
penalty unit, for each offence, to be recovered in a summary manner before the
Magistrates' Court; and the whole or any part of such penalty may be awarded
by such court to any person injured or to the personal representative of any
person killed in consequence thereof, and such award shall be in addition to
any right of action such person or personal representative may have under this
Division or otherwise; and if an inspector of mines has given written notice
of any such offence, to a further penalty of not more than 1 penalty unit for
every day after such notice that such offence continues to be committed after
any conviction.

(3) Where a person who is an owner manager or under-manager of a mine or a
person employed in or about a mine is guilty of any offence against this Act
which in the opinion of the court that tries the case is one which was
reasonably calculated to endanger the safety of the persons employed in or
about the mine or to cause serious personal injury to any of such persons or
to cause a dangerous accident and was committed wilfully by the personal act
personal default or personal negligence of the person accused such person
shall be liable if the court is of opinion that a penalty will not meet the
circumstances of the case to imprisonment for a term of not more than twelve
months.