Western Australian Consolidated Acts (1) If an employer or
self-employed person contravenes section 23I(3), the employer or
self-employed person commits an offence.
(2) In proceedings for
an offence under subsection (1) against a person who is taken by
section 23D(2) to be an employer it is a defence if the person proves
that subsection (4) applies.
(3) In proceedings
against a person for an offence under subsection (1) that relates to an
injury mentioned in section 23I(2)(b) it is a defence if the person
proves that subsection (4) applies.
(4) This subsection
applies if the person did not know, and could not reasonably be expected to
have known, of the injury or disease concerned.
[Section 23J inserted by No. 51 of 2004
s. 8.]