sec.40BReckless conduct—category 1

### sec.40B Reckless conduct—category 1 A person commits a category 1 offence if— the person has an electrical safety duty; and 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 the person is reckless as to the risk to an individual of death or serious injury or illness. Maximum penalty— 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 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 for an offence committed by a body corporate—30,000 penalty units. The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse. A category 1 offence is a crime. s 40B ins 2011 No. 18 s 358 (sec.40B-ssec.1) A person commits a category 1 offence if— the person has an electrical safety duty; and 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 the person is reckless as to the risk to an individual of death or serious injury or illness. Maximum penalty— 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 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 for an offence committed by a body corporate—30,000 penalty units. (sec.40B-ssec.2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse. (sec.40B-ssec.3) A category 1 offence is a crime. - (a) the person has an electrical 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. - (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.