New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 26F

26F Category 1 offence

(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.