Commonwealth Numbered Acts

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WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 245

Offences and the Commonwealth

             (1)  If the Commonwealth is guilty of an offence against this Act, the penalty to be imposed on the Commonwealth is the penalty applicable to a body corporate.

             (2)  For the purposes of this Act, any conduct engaged in on behalf of the Commonwealth by an employee, agent or officer of the Commonwealth acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the Commonwealth.

             (3)  If an offence under this Act requires proof of knowledge, intention or recklessness, it is sufficient in proceedings against the Commonwealth for that offence to prove that the person referred to in subsection (2) had the relevant knowledge, intention or recklessness.

             (4)  If for an offence against this Act mistake of fact is relevant to determining liability, it is sufficient in proceedings against the Commonwealth for that offence if the person referred to in subsection (2) made that mistake of fact.



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