CTHRepealedAct
Occupational Health and Safety Act 1991
11Extent to which Act binds the Crown
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#### 11 Extent to which Act binds the Crown
(1) This Act binds the Crown in right of the Commonwealth.
(2) Nothing in this Act has the effect of making the Commonwealth or a Commonwealth authority (other than a Government business enterprise):
(a) liable to be prosecuted for an offence; or
(b) liable to pay any fine or penalty under the Act or the regulations, other than as mentioned in subsection (3).
(3) Subsection (2) does not prevent the Commonwealth or a Commonwealth authority from being:
(a) subject to proceedings for a contravention of subclause 2(1) of Schedule 2; or
(b) liable to pay a pecuniary penalty under subclause 4(1) of Schedule 2.
> Note: A court may also grant an injunction under clause 14 of Schedule 2, make remedial orders under clause 15 of Schedule 2 or enforce undertakings under clause 16 of Schedule 2.
(4) Subsection (2) does not prevent the following:
(a) a Commonwealth employee; or
(b) a Commonwealth authority employee (including an employee of a Government business enterprise); or
(c) a Government business enterprise;
from being:
(d) subject to proceedings for a contravention of subclause 2(1) of Schedule 2; or
(e) liable to be prosecuted for an offence; or
(f) liable to pay any fine or penalty under the Act or the regulations.