33KOffences

33K Offences

[Section 33K Inserted by No. 28 of 2020, s. 16, Applied:01 Dec 2022]

(1)  A person on whom a safety duty is imposed must not, without reasonable excuse, engage in conduct, or fail to engage in conduct, in relation to the operation of on-demand passenger transport services, if –

(a) the conduct, or failure to engage in the conduct, exposes a person to a risk of death, serious injury or serious illness; and

(b) the person is reckless as to the risk that the conduct, or failure to engage in the conduct, poses of the death, serious injury or serious illness of a person.

Penalty:  Fine not exceeding –

(a) $3 000 000 for a body corporate or body politic; or

(b) $300 000 for an individual or imprisonment for a term not exceeding 5 years, or both.

(2)  A person on whom a safety duty is imposed must not, by failing to comply with the duty, expose a person to a risk of death, serious injury or serious illness.

Penalty:  Fine not exceeding –

(a) $1 500 000 for a body corporate or body politic; or

(b) $150 000 for an individual.

(3)  A person on whom a safety duty is imposed must not fail to comply with the duty.

Penalty:  Fine not exceeding –

(a) $500 000 for a body corporate or body politic; or

(b) $50 000 for an individual.