Section 246 — Work Health and Safety Act 2011: WHS civil penalty provisions and the Commonwealth

(1) If the Commonwealth contravenes a WHS civil penalty provision, the monetary penalty to be imposed on the Commonwealth is the penalty applicable to a body corporate. (2) For the purposes of a WHS civil penalty provision, any conduct engaged in on behalf of the Commonwealth by an employee, agent or officer of the Commonwealth acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the Commonwealth. (3) If a WHS civil penalty provision requires proof of knowledge, it is sufficient in proceedings against the Commonwealth for a contravention of that provision to prove that the person referred to in subsection (2) had that knowledge.