49 Offence of failing to comply with duty

(1)

A person commits an offence against this section if the person—

(a)

has a duty under subpart 2 or 3; and

(b)

fails to comply with that duty.

(2)

A person who commits an offence against subsection (1) is liable on conviction,—

(a)

for an individual who is not a PCBU or an officer of a PCBU, to a fine not exceeding $50,000:

(b)

for an individual who is a PCBU or an officer of a PCBU, to a fine not exceeding $100,000:

(c)

for any other person, to a fine not exceeding $500,000.

(3)

Despite subsection (2), if the duty or obligation of a PCBU is imposed under a provision other than a provision of subpart 2 or 3, the maximum penalty under subsection (2) for an offence by an officer against subsection (1) in relation to the duty or obligation is the maximum penalty fixed under the provision creating the duty or obligation for an individual who fails to comply with the duty or obligation.

Compare: Model Work Health and Safety Act (Aust) ss 27(3), 33