sec.21Negligent or reckless conduct—category 1

### sec.21 Negligent or reckless conduct—category 1 A person commits a category 1 offence if— the person has a health and safety duty for recreational water activities; 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— engages in the conduct with negligence; or is reckless as to the risk to the individual of death or serious injury or illness. Maximum penalty— for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units or 5 years imprisonment; or for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—6,000 penalty units or 5 years imprisonment; or for an offence committed by a body corporate—30,000 penalty units. In this division, the penalty applicable to a body corporate is separately expressed. Otherwise the Penalties and Sentences Act 1992 , section 181B applies for this Act. The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse. A category 1 offence is a crime. s 21 amd 2024 No. 44 s 38 (sec.21-ssec.1) A person commits a category 1 offence if— the person has a health and safety duty for recreational water activities; 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— engages in the conduct with negligence; or is reckless as to the risk to the individual of death or serious injury or illness. Maximum penalty— for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units or 5 years imprisonment; or for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—6,000 penalty units or 5 years imprisonment; or for an offence committed by a body corporate—30,000 penalty units. In this division, the penalty applicable to a body corporate is separately expressed. Otherwise the Penalties and Sentences Act 1992 , section 181B applies for this Act. (sec.21-ssec.2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse. (sec.21-ssec.3) A category 1 offence is a crime. - (a) the person has a health and safety duty for recreational water activities; 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— (i) engages in the conduct with negligence; or (ii) is reckless as to the risk to the individual of death or serious injury or illness. - (i) engages in the conduct with negligence; or - (ii) is reckless as to the risk to the individual of death or serious injury or illness. - (i) engages in the conduct with negligence; or - (ii) is reckless as to the risk to the individual of death or serious injury or illness. - (a) for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units or 5 years imprisonment; or - (b) for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—6,000 penalty units or 5 years imprisonment; or - (c) for an offence committed by a body corporate—30,000 penalty units.