Health and Safety in Employment Act 1992

56F Infringement fees
  • (1) The fee to be specified by an inspector in an infringement notice for any infringement offence except for a failure to comply with section 7(1) must be not less than $100 and not more than $3,000 (as a multiple of $100).

    (2) In determining the amount of a fee under subsection (1), an inspector must take into account—

    • (a) whether or not harm resulted from the offence; and

    • (b) if harm resulted from the offence, the extent of the harm; and

    • (c) what potential harm could have resulted from the offence; and

    • (d) in the case of an employer, principal, or contractor, the size of the business of the employer, principal, or contractor; and

    • (e) the financial circumstances of the person; and

    • (f) the safety record of the person (which includes but is not limited to warnings and notices referred to in section 56C).

    (3) The fee to be specified by an inspector in an infringement notice for a failure to comply with section 7(1) must be not less than $800 and not more than $4,000 (as a multiple of $100).

    (4) In determining the amount of a fee under subsection (3), an inspector must take into account—

    • (a) the size of the business of the employer; and

    • (b) the financial circumstances of the employer; and

    • (c) the safety record of the employer (which includes but is not limited to warnings and notices referred to in section 56C).

    Section 56F: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).