Commonwealth Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 - SECT 105

  (1)   A person must not:

  (a)   tamper with any notice that has been displayed under subsection   91(3), 92(4) or 99(1) or section   96 while that notice is so displayed; or

  (b)   remove any notice that has been so displayed:

  (i)   in the case of a notice displayed under subsection   91(3)--until the plant or thing to which the notice relates is returned to the workplace from which it was removed; or

  (ii)   in the case of a notice displayed under subsection   92(4) or 99(1) or section   96--before the notice has ceased to have effect.

Penalty:   Imprisonment for 6 months.

  (2)   Subsection   ( 1) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 2 ) (s ee subsection   13.3(3) of the Criminal Code ).