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Work Health and Safety Act 2011
245Offences and the Territory
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245 Offences and the Territory
(1) If the Territory is guilty of an offence against this Act, the penalty to
be imposed on the Territory is the penalty applicable to a body
corporate.
(2) For the purposes of this Act, any conduct engaged in on behalf of the
Territory by an employee, agent or officer of the Territory acting
within the actual or apparent scope of his or her employment, or
within his or her actual or apparent authority, is conduct also engaged
in by the Territory.
(3) If an offence under this Act requires proof of knowledge, intention or
recklessness, it is sufficient in a proceeding against the Territory for
that offence to prove that the person referred to in subsection (2) had
the relevant knowledge, intention or recklessness.
(4) If for an offence against this Act mistake of fact is relevant to
determining liability, it is sufficient in a proceeding against the
Territory for the offence if the person referred to in subsection (2)
made that mistake of fact.