Workplace Injury Management and Workers Compensation Act 1998 No 86
Current version for 24 November 2014 to date (accessed 29 November 2014 at 10:54)
Chapter 6

Chapter 6 Miscellaneous

230A   Premium Discount Schemes

(1)  The Authority may establish a Premium Discount Scheme to encourage employers to improve work health and safety and injury management performance so as to minimise the financial and social costs of workplace injury.
(2)  A Premium Discount Scheme can provide for any of the following:
(a)  the conditions or requirements that must be met to be eligible to participate in the scheme,
(b)  the awarding to employers who participate in the scheme of discounts on the premiums payable by them for policies of insurance under this Act or the 1987 Act,
(c)  the approval of persons (approved persons) to exercise functions under the scheme, including the function of awarding premium discounts under the scheme to employers, and the suspension or withdrawal of any such approval,
(d)  the regulation of the conduct and activities of approved persons and employers under the scheme,
(e)  the review and measurement of the work health and safety and injury management performance of approved persons and employers participating in the scheme,
(f)  the authorisation of different approved persons to award different levels of premium discounts, depending on such factors as the Authority determines.
(3)  The regulations may make provision for or with respect to premium discount schemes.
(4)  In particular (but without limiting the generality of subsection (3)) the regulations may do any of the following:
(a)  make provision for or with respect to any of the matters provided for in subsection (2),
(b)  provide for an administrative review by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 of specified decisions made by the Authority in connection with the operation of a Premium Discount Scheme,
(c)  create offences punishable by a penalty not exceeding 50 penalty units.
(4A)  The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (4) (b) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.
(5)  An insurance premiums order may include provision for or with respect to requiring the calculation of the premium payable by an employer for a policy of insurance under the 1987 Act to take account of any premium discount awarded to the employer under a Premium Discount Scheme.
(6), (7)  (Repealed)
(8)  The Authority is to review the effectiveness of the first Premium Discount Scheme after the Scheme has been in operation for 12 months. The review is to include consideration of the introduction of no-claim bonuses.

231   Posting summary of Act

(cf 1926 s 43 (1)–(3); 1987 s 269)

(1)  There must be kept constantly posted up in some conspicuous place at or near every mine, quarry, factory, workshop, office or shop, and on every ship to which this Act applies, where it may be conveniently read by a person employed there:
(a)  a summary (in the form prescribed by the regulations or approved by the Authority from time to time) of the requirements of this Act with regard to the giving of notice of injuries and the making of claims, and
(b)  if the employer has obtained a policy of insurance in respect of the persons employed there and the policy is for the time being in force—a statement setting out the name and address of the insurer from whom the policy was obtained and stating that insurance under this Act has been effected with that insurer, and
(c)  if the employer is a self-insurer—a statement that the employer is a self-insurer under this Act, and
(d)  such other information as may be prescribed by the regulations.
(2)  If the summary or statement is damaged, obliterated or destroyed, it must be renewed as soon as possible.
(3)  If this section is contravened, the manager of the mine or quarry, or the occupier of the factory, workshop, office or shop, or the master of the ship, as the case requires, is guilty of an offence.

Maximum penalty: 20 penalty units.

232   Worker’s right to information

(cf 1926 s 18B; 1987 s 270)

(1)  A worker may request the employer of the worker to supply the following information:
(a)  the employer’s name and address for the service of documents for the purposes of this Act, and
(b)  the name and address of the insurer from whom the employer has obtained a policy of insurance or, if the employer is a self-insurer, to be so informed.
(2)  An employer, or a person acting for an employer in the management of the employer’s trade or business, must not:
(a)  fail to supply any such information, or
(b)  supply information which the employer or person knows to be false or misleading in a material particular.

Maximum penalty: 20 penalty units.

(3)  In this section:

employer, in relation to a worker, includes a principal within the meaning of section 20 of the 1987 Act who is liable to pay compensation to the worker.

233   No contribution from workers

(cf 1926 s 48; 1987 s 271)

(1)  An employer must not, directly or indirectly, take or receive any money from a worker, whether by way of deduction from wages or otherwise, in respect of any liability under this Act (including under the 1987 Act or the former 1926 Act).

Maximum penalty: 100 penalty units.

(2)  Any money so taken or received from a worker, whether with the consent of the worker or not, may be recovered by the worker as a debt from the employer, or from the person who took or received it.
(3)  To avoid doubt, a reference in this section to a liability under this Act includes a reference to a liability to pay a premium for a policy of insurance.

234   No contracting out

(cf 1926 s 45; 1987 s 272)

This Act and the 1987 Act apply despite any contract to the contrary.

235   Non-assignability of compensation

(cf 1926 s 55; 1987 s 273)

(1)  Compensation under this Act (including the 1987 Act and the former 1926 Act):
(a)  is not capable of being assigned, charged or attached, and
(b)  does not pass to any other person by operation of law,
nor can any claim be set off against that compensation.
(2)  Subsection (1) has no effect to the extent to which (but for this subsection) it would operate to prevent:
(a)  the satisfaction of an obligation by the worker to maintain another person pursuant to an order of a court of competent jurisdiction, or
(b)  the passing of accrued vested rights of a deceased worker to the legal personal representative.

235A   Fraud on workers compensation scheme

(1)  A person who by deception obtains, or attempts to obtain, for himself or herself any financial advantage in connection with the workers compensation scheme under this Act or the 1987 Act is guilty of an offence if the person knows or has reason to believe that the person is not eligible to receive that financial advantage.

Maximum penalty: 500 penalty units or imprisonment for 2 years, or both.

(2)  A person who by deception obtains, or attempts to obtain, for another person any financial advantage in connection with the workers compensation scheme under this Act or the 1987 Act is guilty of an offence if the person knows or has reason to believe that the other person is not eligible to receive that financial advantage.

Maximum penalty: 500 penalty units or imprisonment for 2 years, or both.

(3)  A person is not liable to be convicted of an offence against this section and any other provision of this Act or the 1987 Act as a result of the same conduct.
(4)  In this section:

deception means any deception, by words or other conduct, as to fact or as to law, including the making of a statement or the production of a document that is false or misleading.

financial advantage includes a financial advantage for an injured worker (or a person who claims to be an injured worker), an employer, an insurer or a medical or other service provider.

235B   Remedy available where claim fraudulent

(1)  This section applies to a claimant or insurer if it is established that, for the purpose of obtaining a financial advantage, the claimant or insurer did or omitted to do anything (including the making of a statement) concerning an injury or any claim relating to an injury with knowledge that the doing of the thing or the omission to do the thing was false or misleading.
(2)  If this section applies to a claimant:
(a)  a person who has a liability in respect of a payment, settlement, compromise or judgment relating to the claim is relieved from that liability to the extent of the financial advantage so obtained by the claimant, and
(b)  a person who has paid an amount to the claimant in connection with the claim (whether under a settlement, compromise or judgment, or otherwise) is entitled to recover from the claimant the amount of the financial advantage so obtained by the claimant and any costs incurred in connection with the claim.
(3)  If this section applies to an insurer, the claimant is entitled to recover from the insurer as a debt the amount of the financial advantage so obtained by the insurer and any costs incurred by the claimant in connection with the claim.

235C   False claims

(1)  A person must not make a statement knowing that it is false or misleading in a material particular:
(a)  in a claim made by the person, or
(b)  in a medical certificate or other document that relates to a claim, or
(c)  when furnishing information to any person concerning a claim or likely claim (whether the information is furnished by the person who makes or is entitled to make the claim or not).

Maximum penalty: 500 penalty units or imprisonment for 2 years, or both.

(2)  This section does not apply to statements:
(a)  made in documents filed, or information furnished, in proceedings before a court, or
(b)  made in the course of giving evidence on oath before the Commission, or
(c)  made in any document or information in any case in which the person who made the statement did not know that the document or information was to be given, served or furnished in connection with a claim.
(3)  This section applies to a statement even though it has been verified by statutory declaration.

235D   Order for refund of overpayments of compensation

(1)  This section applies to a payment to a person, purportedly made pursuant to an obligation arising under this Act, to which the person is not entitled under this Act. Such a payment is referred to in this section as an overpayment.
(2)  If the Authority is satisfied that a person has received an overpayment as a result or partly as a result of an act that constitutes a contravention of section 235A or 235C (whether or not the person has been proceeded against or convicted for an offence in respect of the contravention), the Authority may order the person to refund the amount of the overpayment to the person who made the payment.
(3)  Any such refund may, in accordance with the terms of the Authority’s order, be deducted from future payments of compensation, but not if it is payable under an award of the Commission.
(4)  An order under this section is enforceable as a civil debt and may be recovered as such in any court of competent jurisdiction by the person to whom the order requires payment to be made.
(5)  This section does not limit any other right of recovery that a person may have against another person in respect of any overpayment to that other person.
(6)  A person against whom an order is made under this section may apply for a review of the order by the Commission.

236   Service of notices

(cf 1926 s 66E; 1987 s 275)

A notice required or authorised to be given to, or served on, a person by or under this Act or the 1987 Act must be in writing and must be given to, or served on, that person:
(a)  personally or by post, or
(b)  if a manner of giving or serving the notice is prescribed by or under this Act or the 1987 Act, in the manner so prescribed.

237   Service of documents

(1)  A document may be served on the Authority by leaving it at, or by sending it by post to:
(a)  the office of the Authority, or
(b)  if the Authority has more than one office—any one of its offices.
(2)  Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Authority in any other manner.

238   Powers of entry and inspection of Authority inspectors

(cf 1926 ss 18A (1B)–(1E), (2D), (2E), 30B; 1987 s 274)

(1)  In this section:

inspector means a member of staff of the Authority who is authorised by the Authority or the Nominal Insurer for the purposes of this section.

insurer means a licensed insurer under this Act or the 1987 Act, former licensed insurer or self-insurer, and includes any insurance broker or commission agent engaged in workers compensation insurance business and (without limiting section 154M (2) of the 1987 Act) includes any scheme agent.

premises includes any structure, building, aircraft, vehicle, vessel and place (whether built on or not).

(2)  An inspector may do any or all of the following:
(a)  on production of his or her authority, enter at any reasonable hour any premises used, or that the inspector reasonably suspects to be used, by an employer, insurer or agent (as defined in section 131) for the storage or custody of any record,
(b)  on production of his or her authority, enter at any reasonable hour any premises in or on which the inspector knows, or reasonably suspects, an employer, worker or insurer to be,
(c)  remain in or on premises while exercising any power conferred by this section,
(d)  require an employer, insurer or any other person in or on those premises to produce any such record that is in his or her possession or under his or her control and is capable of being produced,
(e)  require an employer, insurer or any other person having possession or control of any such record that is not written, or is not written in the English language, or is not decipherable on sight, to produce a statement, written in the English language and decipherable on sight, of the information contained in the record,
(f)  inspect, or make copies of or extracts from, a record produced pursuant to paragraph (d) or a statement produced pursuant to paragraph (e), or retain such a statement,
(g)  require an employer, insurer or any other person in or on those premises to answer questions relating to:
(i)  an injury to, or incapacity of, a worker, or
(ii)  the business or financial position of an insurer, or
(iii)  the observance of this Act, the 1987 Act or the regulations under those Acts.
(h)  (Repealed)
(3)  A person must not:
(a)  refuse or fail to allow an inspector to enter premises under this section, or
(b)  wilfully obstruct or delay an inspector when exercising any powers under this section, or
(c)  unreasonably refuse or fail to produce a record or statement to an inspector under this section, or
(d)  if an inspector informs a person that by virtue of this Act the person is obliged to answer questions relating to any matter referred to in subsection (2) (g):
(i)  refuse or fail to answer such a question, or
(ii)  give an answer to such a question that the person knows is false or misleading in a material particular.

Maximum penalty: 100 penalty units.

(4)  The powers of entry conferred by this section are not exercisable in relation to any part of premises used only for residential purposes except:
(a)  with the permission of the occupier of the premises, or
(b)  under the authority conferred by a search warrant.

238A   Search warrant

(1)  An inspector may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for a search warrant if the inspector has reasonable grounds for believing that a provision of this Act, the 1987 Act or the regulations under those Acts has been or is being or is about to be contravened in or about any premises.
(2)  An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the inspector named in the warrant:
(a)  to enter the premises, and
(b)  to search the premises for evidence of a contravention of this Act, the 1987 Act or the regulations under those Acts, and
(c)  to exercise in the premises any powers conferred on the inspector under section 238.
(3)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(4)  In this section:

inspector has the same meaning as it has in section 238.

premises has the same meaning as it has in section 238.

238AA   Power to obtain information, documents and evidence

(1)  An inspector may, by notice in writing served on a person who is, on reasonable grounds, believed by the inspector to be capable of giving information, producing documents or giving evidence in relation to a possible contravention of this Act or the 1987 Act or the regulations under those Acts require the person to do any one or more of the following things:
(a)  to give an inspector, by writing signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, any such information of which the person has knowledge,
(b)  to produce to an inspector, in accordance with the notice, any such documents,
(c)  to appear before an inspector at a time and place specified in the notice and give either orally or in writing any such evidence and produce any such documents.
(2)  A notice under this section must contain a warning that a failure to comply with the notice is an offence.
(3)  An inspector may inspect a document produced in response to a notice under this section and may make copies of, or take extracts from, the document.
(4)  An inspector may take possession and retain possession for as long as is necessary for the purposes of this Act, of a document produced in response to a notice under this section if the person otherwise entitled to possession of the document is supplied, as soon as practicable, with a copy certified by an inspector to be a true copy.
(5)  A certified copy provided under subsection (4) is receivable in all courts as if it were the original.
(6)  Until a certified copy of a document is provided under subsection (4), the inspector who has possession of the document must, at such times and places as the inspector thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect the document and make copies of, or take extracts from, the document.
(7)  In the section, inspector means a member of staff of the Authority who is authorised by the Authority or the Nominal Insurer for the purposes of this section.
(8)  A person must not:
(a)  without reasonable excuse, refuse or fail to comply with a requirement under this section, or
(b)  in purported compliance with a requirement under this section, give information or evidence or produce a document knowing it to be false or misleading in a material particular.

Maximum penalty: 100 penalty units.

238B   Protection from incrimination

(1) Self-incrimination not an excuse
A person is not excused from a requirement under section 238 or 238AA to produce a document, record or statement, to give information or evidence or to answer a question on the ground that the document, record, statement, information, evidence or answer might incriminate the person or make the person liable to a penalty.
(2) Answer, information or evidence not admissible if objection made
However, any answer, information or evidence given by a natural person in compliance with a requirement under section 238 or 238AA is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under section 238 or 238AA) if:
(a)  the person objected at the time to doing so on the ground that it might incriminate the person, or
(b)  the person was not warned at an appropriate time that the person may object to giving the answer, information or evidence on the ground that it might incriminate the person.
(3) Appropriate time for giving warning about incrimination
An appropriate time for warning a person as referred to in subsection (2) (b) is any of the following times:
(a)  the time when the requirement to give the answer, information or evidence is made,
(b)  in the case of evidence required to be given when appearing before an inspector, any time after the start of the appearance before the inspector,
(c)  at or about the time immediately before the person gives the answer, information or evidence.
(4) Documents, records or statements admissible
Any document, record or statement produced by a person in compliance with a requirement under section 238 or 238AA is not inadmissible in evidence against the person in criminal proceedings on the ground that the document, record or statement might incriminate the person.
(5) Further information
Further information obtained as a result of a document, record or statement produced or information, evidence or answer given in compliance with a requirement under section 238 or 238AA is not inadmissible on the ground:
(a)  that the document, record, statement, information, evidence or answer had to be produced or given, or
(b)  that the document, record, statement, information, evidence or answer might incriminate the person.

238C   Inspector may request assistance

(1)  A police officer may accompany and take all reasonable steps to assist an inspector in the exercise of the inspector’s functions under this Act:
(a)  in executing a search warrant issued under section 238A, or
(b)  if the inspector reasonably believes that he or she may be obstructed in the exercise of those functions.
(2)  Any person whom an inspector believes to be capable of providing assistance in the exercise of the inspector’s functions under this Act may accompany the inspector and take all reasonable steps to assist the inspector in the exercise of the inspector’s functions.
(3)  Nothing in subsection (1) is to be taken to limit the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002.

239   Authority may obtain documents from certain registries

(cf 1989 s 22)

(1)  The Authority is entitled, for the purpose of exercising its functions:
(a)  to inspect or copy, or take extracts from, any documents held in the registry of the Commission, and
(b)  to inspect or copy, or take extracts from, such documents held in the registry of the District Court as relate to its residual jurisdiction under Division 8A of Part 3 of the District Court Act 1973.
(2)  The Registrar of the District Court and the Registrar of the Commission are required to give all necessary assistance to the Authority to enable it to exercise its powers under this section.
(3)  The Commission may, in respect of any information obtained by the Authority from the Registrar under this section, order that the information is not to be used in any proceedings, or any specified proceedings, before the Commission.
(4)  The regulations may make provision for or with respect to the keeping of statistics or other information at the registry of the Commission, or (in relation to its residual jurisdiction under Division 8A of Part 3 of the District Court Act 1973) at the registry of the District Court, and the supply of the statistics or information to the Authority.
(5)  In this section, a reference to the Authority is taken to include a reference to the Nominal Insurer.

240   (Repealed)

241   Seal of Authority

(cf 1989 s 24)

(1)  The seal of the Authority is to be kept by the Chief Executive Officer and may be affixed to a document only:
(a)  in the presence of the Chief Executive Officer or a member of staff of the Authority who is authorised for the purpose by the Chief Executive Officer, and
(b)  with an attestation by the signature of the Chief Executive Officer or that member of staff of the fact of the affixing of the seal.
(2)  (Repealed)

242   Recovery of money by Authority

Any charge, fee or money due to the Authority, or to the Crown in respect of the activities of the Authority, may be recovered by the Authority as a debt in a court of competent jurisdiction if no express provision is otherwise made for its recovery.

243   Disclosure requirements

(cf 1926 s 66F; 1987 s 276)

(1)  A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:
(a)  with the consent of the person from whom the information was obtained, or
(b)  in connection with the administration or execution of this Act, or
(c)  for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or
(d)  in accordance with section 72 (Inspection of relevant claims information etc), or
(e)  in accordance with the requirement imposed under the Ombudsman Act 1974, or
(f)  with other lawful excuse.

Maximum penalty: 50 penalty units or imprisonment for 2 years.

(2)  The Authority may disclose any information obtained in connection with the administration or execution of this Act to:
(a)  (Repealed)
(b)  the Chief Commissioner of State Revenue under the Taxation Administration Act 1996, and
(c)  the Insurance and Superannuation Commissioner under the Insurance and Superannuation Commissioner Act 1987 of the Commonwealth, and
(d)  any other person or body prescribed by the regulations for the purposes of this paragraph.
(3)  In this section, this Act includes the 1987 Act and the former 1926 Act.
(4)  In this section, a reference to the Authority is taken to include a reference to the Nominal Insurer.

243A   Information gathering and use by Authority and Nominal Insurer

(1)  The Authority and the Nominal Insurer may collect, analyse, use and disclose data, statistics and other information relating to any of the following:
(a)  claims for compensation and work injury damages,
(b)  the functions, activities and performance of scheme agents, specialised insurers and self-insurers,
(c)  policies of insurance,
(d)  the investment of assets of the Insurance Fund.
(2)  For that purpose, the Authority and the Nominal Insurer may obtain information from scheme agents, specialised insurers, self-insurers and from any other source.
(3)  This section extends to authorise the Authority and the Nominal Insurer to collect and analyse, and to disclose to such persons or classes of persons as may be prescribed by the regulations, personal information about the health of an individual, but only in relation to (or in connection with) the matters referred to in subsection (1).
(4)  Section 243 does not prevent the disclosure of information in accordance with this section.

244   Liability of directors etc for offences by corporation—accessory to the commission of the offences

(1)  For the purposes of this section, a corporate offence is an offence against this Act or the regulations that is capable of being committed by a corporation.
(2)  A person commits an offence against this section if:
(a)  a corporation commits a corporate offence, and
(b)  the person is:
(i)  a director of the corporation, or
(ii)  an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and
(c)  the person:
(i)  aids, abets, counsels or procures the commission of the corporate offence, or
(ii)  induces, whether by threats or promises or otherwise, the commission of the corporate offence, or
(iii)  conspires with others to effect the commission of the corporate offence, or
(iv)  is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.

Maximum penalty: The maximum penalty for the corporate offence if committed by an individual.

(3)  The prosecution bears the legal burden of proving the elements of the offence against this section.
(4)  The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence.
(5)  This section does not affect the liability of the corporation for the corporate offence, and applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence.
(6)  This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are concerned in, or party to, the commission of the corporate offence.

245   Proceedings for offences

(cf 1926 s 68; 1987 s 278)

(1)  Proceedings for an offence against this Act, the 1987 Act or the regulations under those Acts are to be dealt with summarily:
(a)  before the Local Court, or
(b)  before the Industrial Relations Commission in Court Session.
(2)  The maximum monetary penalty that may be imposed in those proceedings by the Local Court is 200 penalty units or the maximum monetary penalty provided in respect of the offence, whichever is the lesser.
(3)  The maximum penalty that may be imposed in those proceedings by the Industrial Relations Commission in Court Session is the maximum penalty provided in respect of the offence.
(4)  The provisions of section 197 of the Industrial Relations Act 1996, and of the regulations under that Act, relating to appeals from, and the stating of a case by, the Local Court to the Industrial Relations Commission in Court Session apply to proceedings before the Local Court for offences against this Act, the 1987 Act or the regulations under those Acts.
(5)  Proceedings for an offence against this Act, the 1987 Act or the regulations under those Acts may be instituted by (but not only by) the Authority.

245A   Evidence—criminal proceedings under WHS legislation

(1)  An admission of liability by an employer in common law work injury proceedings against the employer cannot be relied upon in any proceedings against the employer for an offence under work health and safety legislation.
(2)  An admission of guilt by an employer in proceedings against the employer for an offence under work health and safety legislation may be relied upon in common law work injury proceedings against the employer.
(3)  In this section:

common law work injury proceedings means proceedings for the recovery of damages to which Division 3 (Modified common law damages) of Part 5 of the 1987 Act applies.

246   Penalty notices

(cf 1987 s 278A)

(1)  An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence under this Act or the 1987 Act (or the regulations under those Acts), being an offence prescribed by the regulations.
(2)  A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.
(3)  A penalty notice may be served personally or by post.
(4)  If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
(5)  Payment under this section is not to be regarded as an admission of liability for the purpose of, nor in any way as affecting or prejudicing, any civil claim, action or proceedings arising out of the same occurrence.
(6)  The regulations may:
(a)  prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b)  prescribe the amount of penalty payable for the offence if dealt with under this section, and
(c)  prescribe different amounts of penalties for different offences or classes of offences.
(7)  The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty which could be imposed for the offence by a court.
(8)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings which may be taken in respect of offences.
(9)  In this section, authorised officer means a person declared by the regulations to be an authorised officer for the purposes of this section.

247   Time for instituting proceedings

(cf 1926 s 18 (5); 1987 s 279)

(1)  Proceedings for an offence against this Act, the 1987 Act or the regulations under those Acts may be instituted within the period of 2 years after the act or omission alleged to constitute the offence.
(2)  Any such proceedings may be instituted by (but not only by) the Authority.
(3)  Despite subsection (1), proceedings for an offence under section 144 of this Act or 155 of the 1987 Act (Compulsory insurance for employers) may be instituted by the Authority:
(a)  within 2 years after the act or omission alleged to constitute the offence, or
(b)  in a case where the Authority first becomes aware of the act or omission alleged to constitute the offence because of a claim made by a worker of the employer concerned under Division 6 of Part 4 of the 1987 Act or Part 9 of Chapter 5 of this Act—within 6 months after the Authority pays compensation or makes any other payment to the worker in respect of the claim under that Division of the 1987 Act or that Part of this Act or the Commission determines the claim (whichever occurs later),
whichever provides the longer time for proceedings to be instituted.

248   Regulations

(cf 1926 s 66; 1987 s 280)

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  A regulation may be made under this Act for or with respect to any matter for which regulations may be made under the 1987 Act.
(3)  A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.

248A   (Repealed)

249   Repeal of WorkCover Administration Act 1989 No 120

The WorkCover Administration Act 1989 is repealed.
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