Division 1 Enforcement
Note. Section 229A of the Work Health
and Safety Act 2011 provides for offences under this Act and
the regulations to be prosecuted under that Act.
203 Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any
provision of this Act or the regulations, each person who is a director of the
corporation or who is concerned in the management of the corporation is taken
to have contravened the same provision unless the director or person satisfies
the court that:
(a) he or she was not in a position to influence the conduct of the
corporation in relation to its contravention of the provision,
(b) he or she, being in such a position, used all due diligence to
prevent the contravention by the corporation.
(2) A person may be proceeded against and convicted under a provision
pursuant to subsection (1) whether or not the corporation has been proceeded
against or has been convicted under the provision.
(3) Nothing in this section affects any liability imposed on a
corporation for an offence committed by the corporation under this Act or the
(4) In the case of a corporation that is a local council, a member of
the council (in his or her capacity as such a director) is not to be regarded
as a director or person concerned in the management of the council for the
purposes of this section.
204 Aiding and abetting etc
(1) A person:
(a) who aids, abets, counsels or procures, or
(b) who, by act or omission, is in any way directly or indirectly
knowingly concerned in or a party to,
the commission of an offence against this Act or the regulations is taken
to have committed that offence and is punishable
(2) Subsection (1) does not apply to a person who is acting in the
ordinary course of his or her duties as an officer of a Federal or State
industrial organisation of employees or employers.
It is a defence to any proceedings against a person for an offence
against a provision of this Act or the regulations if the person proves
(a) it was not reasonably practicable for the person to comply with
the provision, or
(b) the commission of the offence was due to causes over which the
person had no control and against the happening of which it was impracticable
for the person to make provision.
206 Defences to criminal proceedings not affected by this
It is not a defence to an action in any criminal proceedings that
a given course of action was not objected to by the Chief Inspector or the
Department, even if this Act gives the Chief Inspector or the Department an
opportunity to object to that course of action.