Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 244

244 .         Imputing conduct to bodies corporate

        (1)         In this section —

        conduct includes an act or omission.

        (2)         For the purposes of this Act, any conduct engaged in on behalf of a body corporate by an employee, agent or officer of the body corporate acting within the actual or apparent scope of their employment, or within their actual or apparent authority, is conduct also engaged in by the body corporate.

        (3)         If an offence under this Act requires proof of knowledge or intention, it is sufficient in proceedings against a body corporate for that offence to prove that the person referred to in subsection (2) had the relevant knowledge or intention.

        (4)         If for an offence against this Act mistake of fact is relevant to determining liability, it is sufficient in proceedings against a body corporate for that offence if the person referred to in subsection (2) made that mistake of fact.