26FCategory 1 offence

26F Category 1 offence

26F Category 1 offence

(1) A person commits an offence if—

(a) the person has a duty under section 26C; and

(b) the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual to a risk of death or serious injury or illness; and

(c) the person is reckless as to the risk.

Maximum penalty—

(a) if an individual commits the offence—$300000 or 5 years imprisonment or both; or

(b) if a corporation commits the offence—$3000000.

(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.

pt 1A.3 (ss 26F–26H): Ins 2016 No 65, sec 10.