34AIndustrial manslaughter

34A Industrial manslaughter (1) A person commits an offence if— (a) the person conducts a business or undertaking, or is an officer of a person who conducts a business or undertaking; and (b) the person has a health and safety duty; and (c) the person engages in conduct; and (d) the conduct results in a breach of the health and safety duty; and (e) the conduct causes— (i) the death of a worker; or (ii) an injury to a worker and the injury later causes the death of the worker; or (iii) the death of another person; and (f) the person is reckless or negligent about causing the death of the worker or other person by the conduct. (a) for an individual—imprisonment for 20 years; or (b) for a body corporate—industrial manslaughter monetary penalty. Note See s 244 and s 245 for imputing conduct to a body corporate or the Territory. (2) Strict liability only applies to subsection (1) (a) and (b). Note Subsection (2) displaces s 12A which states that strict liability applies to each physical element of each offence under this Act unless otherwise stated in the section containing the offence. (3) An offence against this section 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)). causes death—a person’s conduct causes death if the conduct substantially contributes to the death. health and safety duty means a duty imposed under— (c) section 27 (Duty of officers). Industrial manslaughter Division 2.6