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.

Penalty:  In the case of –

(a) 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), a fine not exceeding $150 000; or

(b) 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, a fine not exceeding $300 000; or

(c) an offence committed by a body corporate, a fine not exceeding $1 500 000.