16Safety duty offence—Category 1

#### 16 Safety duty offence—Category 1 16 Safety duty offence—Category 1 > > (1) A person commits a Category 1 offence if— > > > > > (a) the person has a safety duty, and > > > > > (b) the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness, and > > > > > (c) the person is reckless as to the risk of an individual death or serious injury or illness. > > > > Maximum penalty— > > > > > (a) in the case of an individual—$300,000 or 2 years imprisonment, or both, or > > > > > (b) in the case of a body corporate—$3,000,000. > > > (2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.