Australian Capital Territory Current Acts

DANGEROUS SUBSTANCES ACT 2004 - SECT 43

    (1)     A person commits an offence if—

        (a)     the person is required to comply with a safety duty; and

        (b)     the person fails to comply with the safety duty; and

        (c)     the failure exposes anyone to a substantial risk of death or serious harm; and

        (d)     the person either—

              (i)     was reckless about whether the failure would expose anyone to a substantial risk of death or serious harm; or

              (ii)     was negligent about whether the failure would expose anyone to a substantial risk of death or serious harm.

Maximum penalty: 1 500 penalty units, imprisonment for 5 years or both.

    (2)     Absolute liability applies to subsection (1) (a).

    (3)     Strict liability applies to subsection (1) (b).