31Negligence or reckless conduct—category 1

31 Negligence or reckless conduct—category 1 (1) A person commits a category 1 offence if— (b) the person, without reasonable excuse, engages in conduct that— (i) exposes an individual to whom the duty is owed to a risk of death or serious injury or illness; or (ii) if the person is an officer of a person conducting a business or undertaking—exposes an individual, to whom the person conducting a business or undertaking owes a health and safety duty, to a risk of death or serious injury or illness; and (c) the person— (i) engages in the conduct with negligence; or (ii) is reckless as to the risk to an individual of death or serious injury or illness. (a) for an individual—category 1 monetary penalty or imprisonment for 10 years or both; or (b) for a body corporate—category 1 monetary penalty. Note Strict liability applies to s (1) (a) (see s 12A). (2) The prosecution has the burden of proving that the conduct was engaged in without reasonable excuse. (3) A category 1 offence is declared to be an indictable offence. Note An indictable offence is an offence punishable by imprisonment for longer than 2 years or an offence declared by an ACT law to be an indictable offence (see Legislation Act, s 190 (1)).