Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_79
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 79
Character Range: 2317366–2318874

79  OHS inspections—tampering with and removal of notices

Tampering with notice
 (1) A person must not tamper with any notice that has been displayed under subclause 74(17), 75(3), 76A(5), 77A(5) or 78B(6) while that notice is so displayed.

Removal of notice
 (1A) If a notice has been displayed under subclause 74(17), a person must not remove the notice until the thing to which the notice relates is returned under subclause 74(20).
 (2) If a notice has been displayed under subclause 75(3), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to the workplace from which it was removed.
 (3) If a notice has been displayed under subclause 76A(5), 77A(5) or 78B(6), a person must not remove the notice before the notice has ceased to have effect in relation to each person subject to the notice.

Offence
 (4) A person commits an offence of strict liability if:
 (a) the person is subject to a requirement under subclause (1), (1A), (2) or (3); and
 (b) the person engages in conduct; and
 (c) the conduct breaches the requirement.
Penalty: 50 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) Subclause (4) 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 (5)—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).