Rail Safety National Law (Queensland)
sec.58Failure to comply with safety duty—reckless conduct—Category 1
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sec.58 Failure to comply with safety duty—reckless conduct—Category 1
A person commits a Category 1 offence if— the person has a safety duty; and 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 the person is reckless as to the risk to an individual of death or serious injury or illness. Maximum penalty: in the case of an individual—$300 000 or imprisonment for 5 years, or both; in the case of a body corporate—$3 000 000. The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse. (sec.58-ssec.1) A person commits a Category 1 offence if— the person has a safety duty; and 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 the person is reckless as to the risk to an individual of death or serious injury or illness. Maximum penalty: in the case of an individual—$300 000 or imprisonment for 5 years, or both; in the case of a body corporate—$3 000 000. (sec.58-ssec.2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.
- (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 to an individual of death or serious injury or illness.
- (a) in the case of an individual—$300 000 or imprisonment for 5 years, or both;
- (b) in the case of a body corporate—$3 000 000.