82BIncrease in penalties if operation of infrastructure causes harm to public health or safety

#### 82B Increase in penalties if operation of infrastructure causes harm to public health or safety 82B Increase in penalties if operation of infrastructure causes harm to public health or safety > > (1) The maximum penalty for an offence against this Act is increased as provided by this section if the prosecution proves— > > > > > (a) the water industry infrastructure to which Part 2 applies was operated in contravention of a provision of this Act, and > > > > > (b) the operation of the infrastructure involved an act or omission that caused, directly or indirectly, actual or potential harm to the health or safety of human beings, and > > > > > (c) the act or omission was intentional or negligent. > > > (2) The maximum penalty for the offence is increased— > > > > > (a) for a corporation—to a penalty not exceeding 45,500 penalty units if the act or omission was intentional or 27,500 penalty units if the act or omission was negligent, or > > > > > (b) for an individual—to a penalty not exceeding 9,000 penalty units if the act or omission was intentional or 5,500 penalty units if the act or omission was negligent. > > > (3) A court must not impose a penalty for an offence on the basis of this section unless the process by which the proceedings are commenced specifies— > > > > > (a) the factors mentioned in subsection (1) apply to the commission of the offence, and > > > > > (b) whether the act or omission is alleged to have been intentional or negligent. > > **s 82B:** Ins 2021 No 26, Sch 1\[58\].