A person commits a Category 3 offence if:
(a) the person has a health and safety duty; and
(b) the person fails to comply with that duty.
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) – $50 000; 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 – $100 000; or
(c) in the case of an offence committed by a body corporate – $500 000.
Note for section 33
Strict liability applies to each physical element of this offence – see section 12B.