Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 148B

Prohibition on insurance and indemnity for pecuniary penalties

    (1)     A person must not—

        (a)     enter into or be a party to a contract or other arrangement that purports to insure or indemnify the person for the person's liability to pay a pecuniary penalty under this Act or the regulations; or

        (b)     enter into, offer to enter into or be a party to a contract or other arrangement that purports to insure or indemnify another person for that other person's liability to pay a pecuniary penalty under this Act or the regulations.

Penalty:     300 penalty units for a natural person;

    1500 penalty units for a body corporate.

    (2)     A person does not commit an offence against subsection (1) if the person has a reasonable excuse for entering into, offering to enter into or being a party to the contract or other arrangement.

    (3)     A person must not receive a benefit under a term of a contract or other arrangement that is a term which purports to insure or indemnify the person for the person's liability for a pecuniary penalty under this Act or the regulations.

Penalty:     300 penalty units for a natural person;

    1500 penalty units for a body corporate.

    (4)     A person must not provide a benefit to another person under a term of a contract or other arrangement that is a term which purports to insure or indemnify that other person for that person's liability for a pecuniary penalty under this Act or the regulations.

Penalty:     300 penalty units for a natural person;

    1500 penalty units for a body corporate.

    (5)     An offence against subsection (1), (3) or (4) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).

Part 12—Compliance codes



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