Part 2Duties for safety and security

Part 2—Duties for safety and security Division 1—Duties 8—Safety duty (1) A person must, in carrying on an activity involving an explosive, take reasonable precautions and care to eliminate or minimise the safety risks associated with the activity. (2) In determining what measures are required to be taken for the purposes of subsection (1), regard is to be had to, amongst other things— (a) the nature of the explosive, the activity and any plant involved in the activity; and (b) the locality at which the activity is being carried on; and (c) the likelihood and severity of any safety risks that may be caused by the activity if the safety risks are not eliminated; and (d) the extent to which the measures are reasonably practicable in the circumstances taking into account measures taken by persons carrying on similar activities; and (e) the current state of technical knowledge and likelihood of successful application of the various measures that might be taken; and (f) other prescribed factors. 9—Security duty (1) A person must, in carrying on an activity involving an explosive, take reasonable precautions and care in order to keep the explosive secure. (2) In determining what measures are required to be taken for the purposes of subsection (1), regard is to be had to, amongst other things— (a) the nature of the explosive and the activity; and (b) the locality at which the activity is being carried on; and (c) whether the explosive is kept secure from any person who is not authorised to access the explosive; and (d) the extent to which the measures are reasonably practicable in the circumstances taking into account measures taken by persons carrying on similar activities; and (e) other prescribed factors. Division 2—Offences 10—Failure to comply with duty with knowledge or indifference—Category 1 If— (b) the contravention results in— (i) the death of, or harm to, a person; or (ii) harm to another person's property or the environment; and (c) the person knew of, or was recklessly indifferent as to, the risk of death, or harm to a person, property or the environment associated with the contravention, (a) in the case of an individual—$300 000 or imprisonment for 5 years, or both; (b) in the case of a body corporate—$3 000 000. 11—Failure to comply with duty with indifference—Category 2 If— (b) the contravention results in harm to another person, another person's property or the environment, or in a dangerous situation; and (c) the person was recklessly indifferent as to the risk of harm to a person, property or the environment, or the dangerous situation, associated with the contravention, (a) in the case of an individual—$100 000 or imprisonment for 2 years, or both; 12—Failure to comply with duty—Category 3 If— (b) the contravention gave rise to the risk of harm to another person, another person's property or the environment, or of a dangerous situation, 13—Failure to comply with duty—Category 4 If a person contravenes the safety duty, security duty or the regulations, the person is guilty of an offence. (a) in the case of an individual—$5 000; (b) in the case of a body corporate—$20 000. 14—Alternative with lesser penalty If, in proceedings for an offence against this Division, the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of some other offence against this Division for which a lesser maximum penalty may be imposed, the court may find the defendant guilty of the latter offence.