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Occupational Health and Safety Act 2004
148BProhibition on insurance and indemnity for pecuniary penalties
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148B Prohibition on insurance and indemnity for pecuniary penalties
(1) A person must not—
(a) enter into or be a party to a contract or other arrangement that purports to insure or indemnify the person for the person's liability to pay a pecuniary penalty under this Act or the regulations; or
(b) enter into, offer to enter into or be a party to a contract or other arrangement that purports to insure or indemnify another person for that other person's liability to pay a pecuniary penalty under this Act or the regulations.
(2) A person does not commit an offence against subsection (1) if the person has a reasonable excuse for entering into, offering to enter into or being a party to the contract or other arrangement.
(3) A person must not receive a benefit under a term of a contract or other arrangement that is a term which purports to insure or indemnify the person for the person's liability for a pecuniary penalty under this Act or the regulations.
(4) A person must not provide a benefit to another person under a term of a contract or other arrangement that is a term which purports to insure or indemnify that other person for that person's liability for a pecuniary penalty under this Act or the regulations.
(5) An offence against subsection (1), (3) or (4) is an indictable offence.