OHS Act

Published Date: October 01, 2013
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Section 41 Offences

(1) A person who contravenes this Act, the regulations or an adopted code or fails to comply with an order made under this Act, the regulation or an adopted code or with an acceptance issued under this Act is guilty of an offence and liable

(a) for a first offence,

(i) to a fine of not more than $500 000 and in the case of a continuing offence, to a further fine of not more than $30 000 for each day during which the offence continues after the first day or part of a day, or

(ii) to imprisonment for a term not exceeding 6 months,

or to both fines and imprisonment, and

(b) for a 2nd or subsequent offence,

(i) to a fine of not more than $1 000 000 and in the case of a continuing offence, to a further fine of not more than $60 000 for each day or part of a day during which the offence continues after the first day, or

(ii) to imprisonment for a term not exceeding 12 months,

or to both fines and imprisonment.

(2) Notwithstanding subsection (1), a person who fails to comply with an order made under section 10 or as varied under section 16 is guilty of an offence and liable to a fine of not more than $1 000 000 or imprisonment for a term not exceeding 12 months or to both fine and imprisonment.

(3) A person who knowingly makes any false statement or knowingly gives false information to an officer or a peace officer engaged in an inspection or investigation under section 8 or 19 is guilty of an offence and liable to a fine of not more than $1000 or to imprisonment for a term not exceeding 6 months or to both fine and imprisonment.

(4) A prosecution under this Act may be commenced within 2 years after the commission of the alleged offence, but not afterwards.