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].