South Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 (NO 21 OF 2011) - SECT 58

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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback