Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 245

245 Offences and the State, Commonwealth and other States

(1) If the State, Commonwealth or another State is found guilty of an offence against this Act, the penalty to be imposed on the State, Commonwealth or other State is the penalty applicable to a body corporate.

(2) For this Act, conduct engaged in on behalf of the State, Commonwealth or another State by an employee, agent or officer of the State, Commonwealth or other State 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 State, Commonwealth or other State.

(3) If an offence under this Act requires proof of knowledge, intention or recklessness, it is sufficient in proceedings against the State, Commonwealth or another State for the offence to prove that the person mentioned in subsection (2) had the relevant knowledge, intention or recklessness.

(4) If for an offence against this Act mistake of fact is relevant to determining liability, it is sufficient in proceedings against the State, Commonwealth or another State for the offence if the person mentioned in subsection (2) made the mistake of fact.