ACTIn ForceAct
Work Health and Safety Act 2011
246WHS civil penalty provisions and the Territory
Start here
Get a plain-English read of 246
Turn the raw legal text into a practical explanation grounded in Work Health and Safety Act 2011.
246 WHS civil penalty provisions and the Territory
(1) If the Territory contravenes a WHS civil penalty provision, the
monetary penalty to be imposed on the Territory is the penalty
applicable to a body corporate.
(2) For the purposes of a WHS civil penalty provision, 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 a WHS civil penalty provision requires proof of knowledge, it is
sufficient in a proceeding against the Territory for a contravention of
that provision to prove that the person referred to in subsection (2)
had that knowledge.