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.