Western Australian Consolidated Acts

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OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 50A

50A .         Notices may be issued to Crown

        (1)         An improvement notice and a provisional improvement notice may be issued in respect of a contravention of this Act by the Crown in any of its capacities.

        (2)         A prohibition notice may be issued in respect of an activity of or controlled by the Crown in any of its capacities.

        (3)         If the contravention or activity relates to a body corporate that is an agent of the Crown, the notice is to be issued to the body corporate.

        (4)         In the case of any other contravention or activity that relates to the Crown, the notice —

            (a)         is to be issued to the Crown under the title “State of Western Australia”; and

            (b)         is to show the name of the responsible agency under Part VII Division 2 that would be specified in a charge for an offence in respect of that contravention or activity.

        (5)         It is sufficient for the purposes of subsection (3) or (4) if the notice —

            (a)         is delivered to a person at the workplace concerned who has, or reasonably appears to have, responsibility for the management or control of the workplace; or

            (b)         is sent by pre-paid letter addressed and posted to the body corporate or responsible agency concerned at its principal place of business in the State.

        (6)         If a notice is delivered to a person as mentioned in subsection (5)(a) the person must, as soon as is practicable, give a copy of the notice to the executive who is responsible for the day to day administration of the body corporate or responsible agency concerned.

        [Section 50A inserted by No. 51 of 2004 s. 109.]



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