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COMMONWEALTHAct
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s 16C

Occupational health and safety duties offence—negligence

In force
Schedule 2APetroleum environmental laws: additional NOPSEMA inspection powers
Part 4OHS inspections
Division 1AOccupational health and safety duties: enforcement

16C Occupational health and safety duties offence—negligence

Offence

(1)

A person commits an offence if:

(a)

the person is subject to a health and safety requirement; and

(b)

the person omits to do an act; and

(c)

the omission breaches the requirement.

Penalty: 1,750 penalty units.

Fault elements

(2)

Absolute liability applies to paragraph (1)(a).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

(3)

Negligence applies to paragraphs (1)(b) and (c).

Note:

For negligence, see section 5.5 of the Criminal Code.

94 Clause 54 of Schedule 3 (heading)

Repeal the heading, substitute:

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Section 16C — Occupational health and safety duties offence—negligence — Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013 (Commonwealth) — Barrister AI