New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 272B

272B Liability of officers for offences by body corporate under section 272A

(1) A person commits an offence against this section if--

(a) a body corporate commits an offence against section 272A, and

(b) the person is an officer of the body corporate, and

(c) the person--

(i) aids, abets, counsels or procures the commission of the offence, or

(ii) induces, whether by threats or promises or otherwise, the commission of the offence, or

(iii) conspires with others to effect the commission of the offence, or

(iv) is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the offence.

: Maximum penalty--1,250 penalty units.

(2) The prosecution bears the legal burden of proving the elements of the offence against this section.

(3) The offence against this section can only be prosecuted by a person who can bring a prosecution for the offence against section 272A.

(4) This section does not affect the liability of the body corporate for the offence against section 272A, and applies whether or not the body corporate is prosecuted for, or convicted of, an offence against that section.

(5) This section does not affect the application of any other law relating to the criminal liability of a person, whether or not an officer of the body corporate, who is concerned in, or party to, the commission of the offence against section 272A.