Work Health and Safety Act 2012
Div 4Application of Act
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Division 4—Application of Act 10—Act binds the Crown (1) This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities. (2) The Crown is liable for an offence against this Act. (3) Without limiting subsection (1), the Crown is liable for a contravention of a WHS civil penalty provision. (4) Section 7(2) of the Crown Proceedings Act 1992 does not apply in respect of proceedings before SAET under Part 5 Division 7A. 11—Extraterritorial application (1) It is the intention of the Parliament of the State that this Act should, so far as possible, operate to the full extent of the extraterritorial legislative power of the State. (2) Without limiting subsection (1), this Act applies in relation to work on a South Australian ship whether or not the ship is within the coastal waters of the State. ship includes a boat, vessel or craft; South Australian ship means a ship— (a) that is registered in the State; or (b) that is owned or under charter by the Crown; or (c) that is owned or under charter by a body corporate or other person— (i) whose principal office or place of business is in the State; or (ii) whose principal office or place of business with respect to the control or management of the ship is in the State. 12—Scope (1) The provisions of this Act are in addition to and do not derogate from the provisions of any other Act. (2) The provisions of this Act do not limit or derogate from any civil right or remedy and compliance with this Act does not necessarily indicate that a common law duty of care has been satisfied.