sec.32General duty of care

sec.32 General duty of care

A person who is doing an act involving explosives must take reasonable precautions and use reasonable care to avoid endangering any person’s safety, health or property. Maximum penalty— if the contravention causes multiple deaths and serious harm to property or the environment—3,000 penalty units or 3 years imprisonment; or if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes serious harm to property or the environment—750 penalty units or 1 year’s imprisonment; or otherwise—500 penalty units or 6 months imprisonment. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 117 , to have also committed the offence. Without limiting subsection (1) , the duty includes taking reasonable precautions and using reasonable care to ensure the explosives are kept secure from access by a person who should not have access to the explosives. In this section— bodily harm see the Criminal Code , section 1 . grievous bodily harm see the Criminal Code , section 1 . s 32 amd 2007 No. 46 s 47 ; 2013 No. 51 s 229 sch 1 ; 2019 No. 7 s 47 (sec.32-ssec.1) A person who is doing an act involving explosives must take reasonable precautions and use reasonable care to avoid endangering any person’s safety, health or property. Maximum penalty— if the contravention causes multiple deaths and serious harm to property or the environment—3,000 penalty units or 3 years imprisonment; or if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes serious harm to property or the environment—750 penalty units or 1 year’s imprisonment; or otherwise—500 penalty units or 6 months imprisonment. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 117 , to have also committed the offence. (sec.32-ssec.2) Without limiting subsection (1) , the duty includes taking reasonable precautions and using reasonable care to ensure the explosives are kept secure from access by a person who should not have access to the explosives. (sec.32-ssec.3) In this section— bodily harm see the Criminal Code , section 1 . grievous bodily harm see the Criminal Code , section 1 .