Commonwealth Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 31

             (1)  A person commits a Category 1 offence if:

                     (a)  the person has a health and safety duty; and

                     (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.

Penalty:

                     (a)  In the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)--$300 000 or 5 years imprisonment or both.

                     (b)  In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking--$600 000 or 5 years imprisonment or both.

                     (c)  In the case of an offence committed by a body corporate--$3 000 000.

             (2)  The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.