You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (2011 - 10)
Skip contents
Work Health and Safety Act 2011 No 10
Current version for 8 June 2017 to date (accessed 24 June 2017 at 00:04)
Part 13 Division 3
Division 3 Penalty notices
243   Penalty notices
(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 against this Act, being an offence prescribed by the regulations as a penalty notice offence.
(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 can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.
(3)  A penalty notice under this section is declared to be a penalty notice for the purposes of the Fines Act 1996.
(4)  A penalty notice may be served personally or by post.
(5)  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.
(6)  Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(7)  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.
(8)  The amount of a penalty prescribed under this section for an offence is not to exceed 20% of the maximum amount of penalty that could be imposed for the offence by a court.
(9)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in relation to offences.
(10)  In this section, authorised officer means a member of staff of the regulator authorised in writing by the regulator as an authorised officer for the purposes of this section.