16BOccupational health and safety duties offence—recklessness

16B Occupational health and safety duties offence—recklessness

Offence (1) A person commits an offence if: (a) the person is subject to a health and safety requirement; and (b) the person omits to do an act; and (c) the omission breaches the requirement.

Penalty: 3,500 penalty units.

Fault elements (2) Absolute liability applies to paragraph (1)(a).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(3) Recklessness applies to paragraphs (1)(b) and (c).

Note: For recklessness, see section 5.4 of the Criminal Code.