Heavy Vehicle National Law (Queensland)
sec.26FCategory 1 offence
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sec.26F Category 1 offence
A person commits an offence if— the person has a duty under section 26C ; and 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 the person is reckless as to the risk. Maximum penalty— if an individual commits the offence—$300000 or 5 years imprisonment or both; or if a corporation commits the offence—$3000000. The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse. s 26F ins 2016 No. 65 s 10 (sec.26F-ssec.1) A person commits an offence if— the person has a duty under section 26C ; and 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 the person is reckless as to the risk. Maximum penalty— if an individual commits the offence—$300000 or 5 years imprisonment or both; or if a corporation commits the offence—$3000000. (sec.26F-ssec.2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.
- (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.
- (a) if an individual commits the offence—$300000 or 5 years imprisonment or both; or
- (b) if a corporation commits the offence—$3000000.