Queensland Numbered Acts Queensland Numbered ActsChapter 11 , before part 1 —
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799I Definitions for part(1) In this part—
"conduct" means an act or omission to perform an act.
"employer" , for an operating plant or gas work, means a person who employs or otherwise engages a worker in relation to the operating plant or gas work.
"gas work" see section 725.
"senior officer" , of an employer for an operating plant or gas work, means—(a) if the employer is a corporation—an executive officer of the corporation; or(b) otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.
"worker" means—(a) in relation to an operating plant—an individual who is employed or contracted to carry out work at the operating plant; or(b) in relation to gas work—an individual who is employed or contracted to carry out work at the place where the gas work is carried out.(2) For this part, a person’s conduct
"causes" death if it substantially contributes to the death.
799J Exception for the Criminal Code, s 23 The Criminal Code , section 23 does not apply in relation to an offence against this part.
799K Industrial manslaughter—employer(1) An employer for an operating plant or gas work commits an offence if—(a) a worker—(i) dies in the course of carrying out work at the operating plant or the place where the gas work is carried out; or(ii) is injured in the course of carrying out work at the operating plant, or the place where the gas work is carried out, and later dies; and(b) the employer’s conduct causes the death of the worker; and(c) the employer is negligent about causing the death of the worker by the conduct.Penalty—Maximum penalty—(a) for an individual—20 years imprisonment; or(b) for a body corporate—100,000 penalty units.Note—See section 840 in relation to imputing to a body corporate particular conduct of executive officers, employees or agents of the body corporate.(2) An offence against subsection (1) is a crime.
799L Industrial manslaughter—senior officer(1) A senior officer of an employer for an operating plant or gas work commits an offence if—(a) a worker—(i) dies in the course of carrying out work at the operating plant or the place where the gas work is carried out; or(ii) is injured in the course of carrying out work at the operating plant, or the place where the gas work is carried out, and later dies; and(b) the senior officer’s conduct causes the death of the worker; and(c) the senior officer is negligent about causing the death of the worker by the conduct.Penalty—Maximum penalty—20 years imprisonment.(2) An offence against subsection (1) is a crime.