Northern Territory Numbered Acts

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) ACT 2011 (NO 39 OF 2011) - SECT 32

Failure to comply with health and safety duty – Category 2

A person commits a Category 2 offence if:

    (a)     the person has a health and safety duty; and

    (b)     the person fails to comply with that duty; and

    (c)     the failure exposes an individual to a risk of death or serious injury or illness.

Maximum penalty:

    (a)     in the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking) – $150 000; or

    (b)     in the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking – $300 000; or

    (c)     in the case of an offence committed by a body corporate – $1 500 000.

Note for section 32

Strict liability applies to each physical element of this offence – see section 12B.



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