(1) A person commits an offence if—
(a) the person has a duty under section 26C; and
(b) the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual to a risk of death or serious injury or illness; and
(c) the person is reckless as to the risk.
Maximum penalty—
(a) if an individual commits the offence—$300000 or 5 years imprisonment or both; or
(b) if a corporation commits the offence—$3000000.
(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.