AustLII Tasmanian Consolidated Acts

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

WORK HEALTH AND SAFETY ACT 2012 - SECT 31

Reckless conduct Category 1

(1)  A person commits a Category 1 offence if –
(a) the person has a health and 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.
Penalty:  In the case of –
(a) 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), a fine not exceeding $300 000 or a term of imprisonment not exceeding 5 years, or both; or
(b) 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, a fine not exceeding $600 000 or a term of imprisonment not exceeding 5 years, or both; or
(c) an offence committed by a body corporate, a fine not exceeding $3 000 000.
(2)  The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.



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