31Reckless conduct – Category 1

31 Reckless conduct – Category 1 (1) A person commits a Category 1 offence if: (b) the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and (c) the person is reckless as to the risk to an individual of death or serious injury or illness. than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking) – $300 000 or imprisonment for 5 years or both; or of a person conducting a business or undertaking – $600 000 or imprisonment for 5 years or both; or $3 000 000.

Work Health and Safety (National Uniform Legislation) Act 2011 24 (1A) Section 12B does not apply to the physical elements referred to in subsection (1)(b) and (c). (2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.