South Australian Numbered Acts

WORK HEALTH AND SAFETY ACT 2012 (NO 40 OF 2012) - SECT 32

32—Failure to comply with health and safety duty—Category 2

A person commits a Category 2 offence if—

            (a)         the person has a health and 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)         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)—$150 000;

            (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—$300 000;

            (c)         in the case of an offence committed by a body corporate—$1 500 000.