Work Health and Safety Act 2011

If the Territory is guilty of an offence against this Act, the penalty to be imposed on the Territory is the penalty applicable to a body corporate.

A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

For the purposes of this Act, any conduct engaged in on behalf of the Territory by an employee, agent or officer of the Territory acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the Territory.

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

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