39FWhen does a person *owe an applicable duty to another person*?

39F When does a person *owe an applicable duty to another person*? (1) A person (***A***) ***owes an applicable duty to another person*** (***B***) for the purposes of this Part if— (a) Part 3 imposes an applicable duty on A; and (b) it is either explicit or implicit that B is a person to whom the duty is owed. (2) It is explicit that B is a person to whom the duty is owed if— (a) the provision that imposes the duty expressly specifies the class of person— (i) to whom the duty is owed; or (ii) for whose benefit A must perform the duty; and (b) B belongs to that class. (3) It is implicit that B is a person to whom the duty is owed if— (a) the provision that imposes the duty does not expressly specify the class of person— (i) to whom the duty is owed; or (ii) for whose benefit A must perform the duty; and (b) the purpose of that provision is to ensure the health and safety of persons of a particular class; and (c) B belongs to that class. Division 2—Offences S 39G inserted by No. 50/2019 s. 3.