Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 248

248 Responsible agency for the State, Commonwealth or another State

(1) The following notices may be given to or served on the responsible agency—

(a) a provisional improvement notice, improvement notice, prohibition notice, non-disturbance notice or notice of entry under part 7 to be given to or served on the State, Commonwealth or another State under this Act;

(b) an infringement notice for an offence against this Act to be given to or served on the State, Commonwealth or another State.

(2) If an infringement notice is to be served on the State, Commonwealth or another State for an offence against this Act, the responsible agency may be stated in the infringement notice.

(3) If proceedings are taken against the State, Commonwealth or another State for an offence against this Act or in relation to a contravention of this Act, the responsible agency in relation to the offence or contravention may be stated in any document initiating, or relating to, the proceedings.

(4) The responsible agency in relation to an offence or a contravention of this Act is entitled to act in proceedings against the State, Commonwealth or other State for the offence or relating to the contravention and, subject to any relevant rules of court, the procedural rights and obligations of the State, Commonwealth or other State as the accused or defendant in the proceedings are conferred or imposed on the responsible agency.

(5) The person prosecuting the offence or bringing the proceedings may change the responsible agency during the proceedings with the court’s leave.

(6) In this section, the
"responsible agency" —

(a) in relation to a notice mentioned in subsection (1) is the following—

(i) for a provisional improvement notice, improvement notice or infringement notice—the agency of the State, Commonwealth or other State, the acts or omissions of which are alleged to contravene this Act;

(ii) for a prohibition notice—the agency of the State, Commonwealth or other State that has control over the activity mentioned in section 195 (1) (a) or (b) ;

(iii) for a non-disturbance notice—the agency of the State, Commonwealth or other State with the management and control of the workplace;

(iv) for a notice of entry under part 7 —the agency of the State, Commonwealth or other State conducting the relevant business or undertaking or with the management and control of the workplace; and

(b) in relation to an offence or proceedings for a contravention of this Act, is the agency of the State, Commonwealth or other State—

(i) the acts or omissions of which are alleged to constitute the offence or contravention; or

(ii) if that agency has ceased to exist—that is the successor of that agency; or

(iii) if that agency has ceased to exist and there is no clear successor—that the court declares to be the responsible agency.