Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_86
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 86
Character Range: 2349217–2350126

86  Interference etc. with equipment etc.
 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in the interference with, or the rendering ineffective of, any equipment or device provided for the health, safety or welfare of members of the workforce at a facility; and
 (c) the equipment or device was protective equipment or a safety device; and
 (d) the person knew (or ought reasonably to have known) that the equipment or device was protective equipment or a safety device.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
 (2) Subclause (1) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause (2)—see subsection 13.3(3) of the Criminal Code.
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).