Requirement to produce certificate of currency
161 Requirement to produce certificate of currency
An employer commits an offence if—
the employer holds a compulsory insurance policy with a licensed insurer; and
an authorised person asks to see a certificate of currency for the policy; and
the employer does not produce a certificate of currency for the policy for inspection.
Maximum penalty: 50 penalty units.
It is a defence to a prosecution for an offence against subsection (1) if—
the defendant has a reasonable excuse for failing to produce the certificate of currency when required to; and
either—
not later than 7 business days after the day (the request day) the defendant is required to produce the certificate, the defendant produces the certificate for inspection at a place prescribed by regulation for this subsection or at a place directed in writing by the authorised person; or
the defendant establishes that the defendant took reasonable steps to produce the certificate to the authorised person not later than 7 business days after the request day.
An offence against this section is a strict liability offence.
In this section:
authorised person, in relation to a certificate of currency for a compulsory insurance policy, means—
an inspector; or
the principal of a worker who is, is to be, or could reasonably be expected to be, covered by the policy; or
an industrial union of workers representing a worker employed by the employer.
certificate of currency—see section 160.
principal, of a worker—if the worker is employed to fulfil a contract the employer has with someone else to do work in the other person’s trade or business, the other person is the principal of the worker.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
- Workers Compensation Regulation 2002 · under s 223
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