Western Australian Consolidated Acts

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MINES SAFETY AND INSPECTION ACT 1994 - SECT 99

99 .         Liability of employers, managers etc. for offences by others

        (1)         Where an offence under this Act, other than an offence to which section 99A applies, is committed by a person and an employer or manager is proved knowingly to have permitted or employed that person to commit the offence, or where the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an employer, manager or supervisor, or any person who was purporting to act in that capacity, he or she as well as the person who committed the offence commits the offence and each of them is severally liable to conviction.

        (2)         In this section, manager includes underground manager, quarry manager, and their alternates and deputies, underground superintendent, foreman (in relation to an underground metal mine), and deputy (in relation to an underground coal mine).

        [Section 99 amended by No. 68 of 2004 s. 33.]



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