Part 7General public health offences

Part 7—General public health offences 57—Material risk to public health (1) A person who causes a material risk to public health intentionally or recklessly and with the knowledge that harm to public health will result is guilty of an offence. Maximum penalty: $250 000 or imprisonment for 5 years or both. (2) A person who causes a material risk to public health in circumstances where the person ought reasonably be expected to know that harm to public health will result is guilty of an offence. Maximum penalty: $120 000 or imprisonment for 2 years or both. (3) A person who causes a material risk to public health is guilty of an offence. (4) For the purposes of this section, a material risk to public health occurs if the health of 1 or more persons has been, or might reasonably be expected to be, harmed by an act or omission of another, but does not include a case where the harm, or risk of harm, is trivial or negligible. 58—Serious risk to public health (1) A person who causes a serious risk to public health intentionally or recklessly and with the knowledge that harm to public health will result is guilty of an offence. Maximum penalty: $1 000 000 or imprisonment for 10 years or both. (2) A person who causes a serious risk to public health in circumstances where the person ought reasonably be expected to know that harm to public health will result is guilty of an offence. Maximum penalty: $500 000 or imprisonment for 7 years or both. (3) A person who causes a serious risk to public health is guilty of an offence. Maximum penalty: $120 000. (4) For the purposes of this section, a serious risk to public health occurs if there is a material risk that substantial injury or harm to the health of 1 or more persons has occurred, or might reasonably be expected to have occurred, taking into account— (a) the nature, scale and effects of the harm, and any associated illness, injury or disability, that may arise; and (b) the location, immediacy and seriousness of the threat to human health; and (c) whether the harm extends to 2 or more persons and, if so, the total number of persons affected or likely to be affected; and (d) the availability and effectiveness of any precaution, safeguard, treatment or other measure that may be used to eliminate or reduce the harm. 59—Defence of due diligence (1) In any proceedings against a person for an offence under this Part, it is a defence to prove that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence. (2) Without limiting subsection (1), it is not proved that a person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence under this Part unless it is proved that the person— (a) had taken reasonable steps to prevent or avoid the circumstances that gave rise to the risk to public health, including by putting in place any systems or safeguards that might reasonably be expected to be provided; and (b) complied with the requirements of any notice or order under this Act that related to the risk to public health; and (c) as soon as becoming aware of the circumstances that gave rise to the risk to public health— (i) reported those circumstances to the Chief Public Health Officer, the Department or a council; and (ii) took all reasonable steps necessary to prevent or reduce the risk to public health. (3) This section does not apply in relation to a person who is charged with an offence under section 106. 60—Alternative finding If in proceedings for an offence against this Part the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against this Part that carries a lower maximum penalty (determined according to relative maximum monetary penalties), the court may find the defendant guilty of the latter offence.