A person commits a Category 2 offence if:
(a) the person has a health and safety duty; and
(b) the person fails to comply with that duty; and
(c) the failure exposes an individual to a risk of death or serious injury or illness.
Maximum penalty:
(a) in the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking) – $150 000; or
(b) in the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking – $300 000; or
(c) in the case of an offence committed by a body corporate – $1 500 000.
Note for section 32
Strict liability applies to each physical element of this offence – see section 12B.