Queensland Numbered Acts

MINES LEGISLATION (RESOURCES SAFETY) AMENDMENT ACT 2018 - SECT 87

87 Insertion of new pt 14B

After part 14A —
insert —

Part 14B - Civil penalties

246E Definitions for part In this part—

"civil penalty obligation" means a safety and health obligation, or another obligation under this Act, prescribed by regulation to be a civil penalty obligation.

"corresponding offence" , in relation to a contravention of a civil penalty obligation, means an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.

"penalty notice" see section 246I(3).

"proposed penalty notice" see section 246G(2).

"relevant corporation" means an operator or contractor that is a corporation.

246F Liability for civil penalties

(1) A relevant corporation is liable to pay the State a civil penalty if—

(a) the relevant corporation contravenes a civil penalty obligation; or

(b) a representative of the relevant corporation contravenes a civil penalty obligation.

(2) A civil penalty may be imposed on the relevant corporation by a penalty notice given to the corporation by the chief executive.

(3) The amount of the penalty is—

(a) if the civil penalty obligation is a category 1 obligation—1,000 penalty units; or

(b) if the civil penalty obligation is a category 2 obligation—750 penalty units; or

(c) if the civil penalty obligation is a category 3 obligation—500 penalty units.

(4) For subsection (3), the category of a civil penalty obligation is the category prescribed by regulation for the obligation.

(5) In this section—

"representative" , of a relevant corporation, means an officer, employee or agent of the corporation.

246G Giving of notice proposing imposition of civil penalty

(1) This section applies if the chief executive reasonably believes a relevant corporation is liable to pay a civil penalty on the grounds of a contravention of a civil penalty obligation.

(2) The chief executive may give the corporation a notice (a
"proposed penalty notice" ) proposing to impose a civil penalty on the corporation on the grounds of the contravention.

(3) The proposed penalty notice must state each of the following matters—

(a) that the chief executive proposes to impose a civil penalty on the corporation;

(b) the grounds for imposing the penalty;

(c) the facts and circumstances forming the basis for the grounds;

(d) that the corporation may make a written submission to the chief executive, within a stated period of at least 14 days after the corporation is given the notice, to show why the civil penalty should not be imposed;

(e) the way in which the submission may be made.

246H Submission against proposed imposition of civil penalty The relevant corporation may, within the period stated in the proposed penalty notice under section 246G(3)(d) and in the way stated in the notice, make a written submission to the chief executive to show why the civil penalty should not be imposed.

246I Giving of penalty notice

(1) This section applies if—

(a) the period stated in the proposed penalty notice under section 246G(3)(d) has ended; and

(b) the chief executive has considered any submission made under section 246H; and

(c) the chief executive is satisfied—

(i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and

(ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.

(2) The chief executive may decide to impose a civil penalty on the corporation on the grounds of the contravention.

(3) If the chief executive makes a decision under subsection (2), the chief executive must give the corporation a notice (a
"penalty notice" ) stating each of the following matters—

(a) the chief executive has decided to impose a civil penalty on the corporation;

(b) the reasons for the decision;

(c) the amount of the penalty and the day by which it must be paid;

(d) that the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice;

(e) how to appeal.

(4) The day for payment stated under subsection (3)(c) must not be less than 28 days after the penalty notice is given to the corporation.

(5) The State may recover the penalty from the corporation as a debt.

246J Civil penalty can not be imposed after criminal proceeding

(1) A civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence.

(2) Subsection (3) applies if—

(a) the chief executive has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and

(b) before the chief executive makes a decision under section 246I, a criminal proceeding is started against the corporation for a corresponding offence.

(3) A civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence.

(4) This section applies despite any other provision of this part.

246K Criminal proceeding after civil penalty imposed A criminal proceeding may be started against a relevant corporation for a corresponding offence for a contravention of a civil penalty obligation regardless of whether a civil penalty has been imposed on the corporation for the contravention.