New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 272A

272A Prohibition on certain insurance or indemnity arrangements

(1) A person must not--

(a) without reasonable excuse, enter into a contract of insurance or other arrangement under which the person or another person is covered for liability for a monetary penalty under this Act, or

(b) provide insurance or a grant of indemnity for liability for a monetary penalty under this Act, or

(c) take the benefit of--

(i) a contract of insurance or other arrangement under which the person or another person is covered for liability for a monetary penalty under this Act, or

(ii) a grant of indemnity for liability for a monetary penalty under this Act.

: Maximum penalty--

(a) for paragraph (a)--

(i) in the case of an individual--250 penalty units, or

(ii) in the case of a body corporate--1,250 penalty units, or

(b) for paragraph (b) or (c)--

(i) in the case of an individual--500 penalty units, or

(ii) in the case of a body corporate--2,500 penalty units.

(2) Subsection (1) places an evidential burden on the accused to show a reasonable excuse.

(3) A term of a contract of insurance or other arrangement is void to the extent it purports to cover a person for all or part of a liability for a monetary penalty under this Act.