QLDIn ForceAct
Petroleum and Gas (Production and Safety) Act 2004
sec.799KIndustrial manslaughter—employer
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### sec.799K Industrial manslaughter—employer
An employer for an operating plant or gas work commits an offence if—
a worker—
dies in the course of carrying out work at the operating plant or the place where the gas work is carried out; or
is injured in the course of carrying out work at the operating plant, or the place where the gas work is carried out, and later dies; and
the employer’s conduct causes the death of the worker; and
the employer is negligent about causing the death of the worker by the conduct.
Maximum penalty—
for an individual—20 years imprisonment; or
for a body corporate—100,000 penalty units.
See section 840 in relation to imputing to a body corporate particular conduct of executive officers, employees or agents of the body corporate.
An offence against subsection (1) is a crime.
s 799K ins 2020 No. 14 s 203
(sec.799K-ssec.1) An employer for an operating plant or gas work commits an offence if— a worker— dies in the course of carrying out work at the operating plant or the place where the gas work is carried out; or is injured in the course of carrying out work at the operating plant, or the place where the gas work is carried out, and later dies; and the employer’s conduct causes the death of the worker; and the employer is negligent about causing the death of the worker by the conduct. Maximum penalty— for an individual—20 years imprisonment; or for a body corporate—100,000 penalty units. See section 840 in relation to imputing to a body corporate particular conduct of executive officers, employees or agents of the body corporate.
(sec.799K-ssec.2) An offence against subsection (1) is a crime.
- (a) a worker— (i) dies in the course of carrying out work at the operating plant or the place where the gas work is carried out; or (ii) is injured in the course of carrying out work at the operating plant, or the place where the gas work is carried out, and later dies; and
- (i) dies in the course of carrying out work at the operating plant or the place where the gas work is carried out; or
- (ii) is injured in the course of carrying out work at the operating plant, or the place where the gas work is carried out, and later dies; and
- (b) the employer’s conduct causes the death of the worker; and
- (c) the employer is negligent about causing the death of the worker by the conduct.
- (i) dies in the course of carrying out work at the operating plant or the place where the gas work is carried out; or
- (ii) is injured in the course of carrying out work at the operating plant, or the place where the gas work is carried out, and later dies; and
- (a) for an individual—20 years imprisonment; or
- (b) for a body corporate—100,000 penalty units.