(1)  A person commits an industrial manslaughter offence if –

(a) the person is –

(i) a person conducting a business or undertaking; or

(ii) an officer of a person conducting a business or undertaking; and

(b) an individual to whom the person owes a health and safety duty –

(i) dies; or

(ii) is injured and later dies; and

(c) the person engages in conduct that causes the death of the individual; and

(d) the person –

(i) is negligent in causing the death of the individual by the conduct; or

(ii) is reckless as to the risk to the individual of death or serious injury or illness.

Penalty:  In the case of –

(a) 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 term of imprisonment not exceeding 21 years; or

(b) an offence committed by a body corporate – a fine not exceeding $18 000 000.

(2)  For the purposes of this section, conduct causes the death of an individual if the conduct substantially contributes to the death.

(3)  A person who is indicted for, but found not guilty of, an industrial manslaughter offence may be convicted of a Category 1 offence, a Category 2 offence or a Category 3 offence, if the evidence in the proceedings on the indictment establishes that the person committed the other offence.