QLDIn ForceAct
Safety in Recreational Water Activities Act 2011
sec.25CIndustrial manslaughter—person conducting business or undertaking
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### sec.25C Industrial manslaughter—person conducting business or undertaking
A person conducting a business or undertaking that provides recreational water activities commits an offence if—
a worker—
dies in the course of carrying out work for the business or undertaking; or
is injured in the course of carrying out work for the business or undertaking and later dies; and
the person’s conduct causes the death of the worker; and
the person is negligent about causing the death of the worker by the conduct.
Maximum penalty—
for an individual—20 years imprisonment; or
for a body corporate—100,000 penalty units.
See the Work Health and Safety Act 2011 , section 244 or 251 , as applied by section 36 of this Act, in relation to the imputation to a body corporate or public authority of conduct of an employee, agent or officer of the body corporate or public authority.
An offence against subsection (1) is a crime.
s 25C ins 2017 No. 38 s 62
(sec.25C-ssec.1) A person conducting a business or undertaking that provides recreational water activities commits an offence if— a worker— dies in the course of carrying out work for the business or undertaking; or is injured in the course of carrying out work for the business or undertaking and later dies; and the person’s conduct causes the death of the worker; and the person is negligent about causing the death of the worker by the conduct. Maximum penalty— for an individual—20 years imprisonment; or for a body corporate—100,000 penalty units. See the Work Health and Safety Act 2011 , section 244 or 251 , as applied by section 36 of this Act, in relation to the imputation to a body corporate or public authority of conduct of an employee, agent or officer of the body corporate or public authority.
(sec.25C-ssec.2) An offence against subsection (1) is a crime.
- (a) a worker— (i) dies in the course of carrying out work for the business or undertaking; or (ii) is injured in the course of carrying out work for the business or undertaking and later dies; and
- (i) dies in the course of carrying out work for the business or undertaking; or
- (ii) is injured in the course of carrying out work for the business or undertaking and later dies; and
- (b) the person’s conduct causes the death of the worker; and
- (c) the person is negligent about causing the death of the worker by the conduct.
- (i) dies in the course of carrying out work for the business or undertaking; or
- (ii) is injured in the course of carrying out work for the business or undertaking and later dies; and
- (a) for an individual—20 years imprisonment; or
- (b) for a body corporate—100,000 penalty units.