Australian Capital Territory Numbered Acts

WORKPLACE LEGISLATION AMENDMENT ACT 2022 (NO. 23 OF 2022) - SECT 45

insert

272A     No insurance or other indemnity against penalties

    (1)     A person must not, without reasonable excuse—

        (a)     enter into a contract of insurance or other arrangement under which the person, or another person, is purportedly covered for all or part of a liability for a monetary penalty under this Act; or

        (b)     provide insurance or a grant of indemnity for all or part of a liability for a monetary penalty under this Act; or

        (c)     take the benefit of a contract of insurance, arrangement or grant of indemnity mentioned in paragraph (a) or (b).

Maximum penalty:

        (a)     in the case of an individual—$50 000; or

        (b)     in the case of a body corporate—$250 000.

Note     Strict liability applies to each physical element of this offence (see s 12A).

    (2)     Subsection (1) places an evidential burden on the defendant to show a reasonable excuse.

Note     Evidential burden —see the Criminal Code

, s 58.

    (3)     A term of a contract of insurance or other arrangement is void to the extent it purports to cover a person for all or part of a liability for a monetary penalty under this Act.

272B     Liability of officers for offences by body corporate under s 272A

    (1)     A person commits an offence if—

        (a)     a body corporate contravenes section 272A; and

        (b)     the person is an officer of the body corporate; and    

        (c)     the person is involved in the body corporate's contravention of section 272A.

Maximum penalty: $50 000.

Note     Strict liability applies to each physical element of this offence (see s 12A).

    (2)     For subsection (1) (c), section 256 (2) applies as if a reference in that section to a civil penalty provision were a reference to section 272A.