Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_78a
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 78A
Character Range: 2312966–2314239

78A  OHS inspections—OHS improvement notices (compliance)

Duty of responsible person
 (1) A responsible person in relation to an OHS improvement notice must ensure that the notice is complied with to the extent that it relates to any matter over which the person has control.

Offence
 (2) A person commits an offence if:
 (a) the person is subject to a requirement under subclause (1); and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: 300 penalty units.

Civil penalty
 (3) A person is liable to a civil penalty if the person contravenes a requirement under subclause (1).
Civil penalty: 400 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions
 (4) The maximum penalty for each day that an offence under subclause (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subclause (2) is a continuing offence under section 4K of the Crimes Act 1914.
 (5) The maximum civil penalty for each day that a contravention of subclause (3) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subclause (3) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.