New South Wales Consolidated Acts

RAIL SAFETY NATIONAL LAW (NSW) - SECT 58

58 Failure to comply with safety duty--reckless conduct--Category 1

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

(a) the person has a 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.

: Maximum penalty--

(a) in the case of an individual--$300 000 or imprisonment for 5 years, or both;

(b) in the case of a body corporate--$3 000 000.

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