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Work Health and Safety (National Uniform Legislation) Act 2011
246WHS civil penalty provisions and the Crown
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246 WHS civil penalty provisions and the Crown
(1) If the Crown contravenes a WHS civil penalty provision, the
monetary penalty to be imposed on the Crown 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 Crown by an employee, agent or officer
Work Health and Safety (National Uniform Legislation) Act 2011 132
of the Crown 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 Crown.
(3) If a WHS civil penalty provision requires proof of knowledge, it is
sufficient in proceedings against the Crown for a contravention of
that provision to prove that the person referred to in subsection (2)
had that knowledge.