Queensland Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 No. 18 - SECT 358

Part 2—

insert—

'Electrical safety duty means a duty imposed under division 2.

'(1) A person commits a category 1 offence if—

(a) the person has an electrical 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) for 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—3000 penalty units or 5 years imprisonment; or

(b) for 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—6000 penalty units or 5 years imprisonment; or

(c) for an offence committed by a body corporate—30000 penalty units.

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

'(3) A category 1 offence is a crime.

'A person commits a category 2 offence if—

(a) the person has an electrical safety duty; and

(b) the person fails to comply with that duty; and

(c) the failure exposes an individual to a risk of death or serious injury or illness.

Maximum penalty—

(a) for 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—1500 penalty units; or

(b) for 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—3000 penalty units; or

(c) for an offence committed by a body corporate—15000 penalty units.

'A person commits a category 3 offence if—

(a) the person has an electrical safety duty; and

(b) the person fails to comply with that duty.

Maximum penalty—

(a) for 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—500 penalty units; or

(b) for 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—1000 penalty units; or

(c) for an offence committed by a body corporate—5000 penalty units.

'For an offence against sections 40C and 40D, the Criminal Code sections 23(1) and 24 are subject to division 2.

Note—

This rule is similar to the rule in the Criminal Code section 23(1) (extended to section 24), which makes that provision subject to express provisions of the Criminal Code relating to negligent acts and omission.

'(1) A volunteer does not commit an offence under this division for a failure to comply with an electrical safety duty, except a duty under section 39 or 40.

'(2) An unincorporated association does not commit an offence under this Act for a failure to comply with a duty imposed on the unincorporated association under this Act.

'(3) However—

(a) an officer of an unincorporated association (other than a volunteer) may be liable for a failure to comply with a duty under section 38A; and

(b) a member of an unincorporated association may be liable for failure to comply with a duty under section 39 or 40.'.