48 Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness

(1)

A person commits an offence against this section if—

(a)

the person has a duty under subpart 2 or 3; and

(b)

the person fails to comply with that duty; and

(c)

that failure exposes any individual to a risk of death or serious injury or serious illness.

(2)

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 fine not exceeding $150,000:

(b)

for an individual who is a PCBU or an officer of a PCBU, to a fine not exceeding $300,000:

(c)

for any other person, to a fine not exceeding $1.5 million.

Compare: Model Work Health and Safety Act (Aust) s 32