Subpart 4—Offences relating to duties

47 Offence of reckless conduct in respect of duty

(1)

A person commits an offence against this section if the person—

(a)

has a duty under subpart 2 or 3; and

(b)

without reasonable excuse, engages in conduct that exposes any individual to whom that duty is owed to a risk of death or serious injury or serious illness; and

(c)

is reckless as to the risk to an individual of death or serious injury or serious illness.

(2)

For the purposes of subsection (1), if the person is an officer of a PCBU, the individual to whom the duty is owed is an individual to whom the PCBU owes the duty.

(3)

A person who commits an offence against subsection (1) is liable on conviction,—

(a)

for an individual who is not a PCBU or an officer of a PCBU, to a term of imprisonment not exceeding 5 years or a fine not exceeding $300,000, or both:

(b)

for an individual who is a PCBU or an officer of a PCBU, to a term of imprisonment not exceeding 5 years or a fine not exceeding $600,000, or both:

(c)

for any other person, to a fine not exceeding $3 million.

Compare: Model Work Health and Safety Act (Aust) s 31