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WORK HEALTH AND SAFETY ACT 2011 - SECT 31
Reckless conduct—category 1
31 Reckless conduct—category 1
(1) A person commits a
"category 1 offence" if— (a) the person has a health and safety duty; and
(b) the person, without reasonable excuse, engages in conduct that exposes an
individual to whom that duty is owed to a risk of death or
serious injury or illness; and
(c) the person is reckless as to the risk to
an individual of death or serious injury or illness.
Penalty— Maximum
penalty— (a) for 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—3,000 penalty units or 5 years
imprisonment; or
(b) for 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—6,000 penalty units or 5 years imprisonment; or
(c)
for an offence committed by a body corporate—30,000 penalty units.
Note— In this division, the penalty applicable to a body corporate is
separately expressed. Otherwise the Penalties and Sentences Act 1992 , section
181B applies for this Act.
(2) The prosecution bears the burden of proving
that the conduct was engaged in without reasonable excuse.
(3) A
category 1 offence is a crime.
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