Northern Territory Consolidated Acts Northern Territory Consolidated Acts(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.
Maximum 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 imprisonment for 5 years or both; or
(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 imprisonment for 5 years or both; or
(c) in the case of an offence committed by a body corporate – $3 000 000.
(1A) Section 12B does not apply to the physical elements referred to in subsection (1)(b) and (c).
(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.