Western Australian Consolidated Acts

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OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 23J

23J .         Breaches of section 23I

        (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.]



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