58—Serious risk to public health
(1) A person who
causes a serious risk to public health intentionally or recklessly and with
the knowledge that harm to public health will result is guilty of an offence.
Maximum penalty: $1 000 000 or imprisonment for 10 years or
both.
(2) A person who
causes a serious risk to public health in circumstances where the person ought
reasonably be expected to know that harm to public health will result is
guilty of an offence.
Maximum penalty: $500 000 or imprisonment for 7 years or both.
(3) A person who
causes a serious risk to public health is guilty of an offence.
Maximum penalty: $120 000.
(4) For the purposes
of this section, a serious risk to public health occurs if there is a material
risk that substantial injury or harm to the health of 1 or more persons
has occurred, or might reasonably be expected to have occurred, taking into
account—
(a) the
nature, scale and effects of the harm, and any associated illness, injury or
disability, that may arise; and
(b) the
location, immediacy and seriousness of the threat to human health; and
(c)
whether the harm extends to 2 or more persons and, if so, the total
number of persons affected or likely to be affected; and
(d) the
availability and effectiveness of any precaution, safeguard, treatment or
other measure that may be used to eliminate or reduce the harm.