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.
174 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, or
(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 regulations.
(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.
175 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 accordingly.
(2) Subsection (1) does not apply to a person who is acting in the ordinary course of the person’s 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 that:
(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.
177 Defences to criminal proceedings not affected by this Act
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.