Northern Territory Numbered Acts

WORKPLACE HEALTH AND SAFETY ACT 2007 (NO 31 OF 2007) - SECT 82

    (1)     An offence against this Act is aggravated if:

    (a)     the person who commits the offence does the act or makes the omission giving rise to the offence intentionally; and

    (b)     the person ought to know that the offence may result in death or serious injury; and

    (c)     the offence in fact results in the death of a person.

    (2)     If a person is convicted of an offence that is aggravated under subsection (1) the penalty increases to a fine of not less than 250 penalty units and not more than 2 500 penalty units or imprisonment for a term not exceeding 5 years.

Note

For a company this translates to a fine of not less than 1 250 and not more than 12 500 penalty units. (See section 38DB of the Interpretation Act.)

    (3)     An offence against this Act is also aggravated if:

    (a)     the offence is committed by a company; and

    (b)     the court is satisfied that:

        (i)     the circumstances of the offence show that the company was recklessly indifferent to the health or safety of another; or

        (ii)     the circumstances of the offence, when considered in the context of those of another offence or other offences committed by the company, show that the company has persistently disregarded obligations in regard to occupational health or safety.

    (4)     If a company is convicted of an offence that is aggravated under subsection (3), the court may, in addition to any other penalty to which the company is liable, impose an additional penalty of up to 2 000 penalty units.