sec.22Failure to comply with health and safety duty for recreational water activities—category 2

### sec.22 Failure to comply with health and safety duty for recreational water activities—category 2 A person commits a category 2 offence if— the person has a health and safety duty for recreational water activities; and the person fails to comply with that duty; and the failure exposes an individual to a risk 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—1,500 penalty units; 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—3,000 penalty units; or for an offence committed by a body corporate—15,000 penalty units. See also the note to section 21 (1) . - (a) the person has a health and safety duty for recreational water activities; and - (b) the person fails to comply with that duty; and - (c) the failure exposes an individual to a risk 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—1,500 penalty units; 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—3,000 penalty units; or - (c) for an offence committed by a body corporate—15,000 penalty units.