Victorian Numbered Acts Victorian Numbered Acts(1) In sections 31(1)(a) and 31(1)(b) of the Principal Act for "shall" substitute "must".
(2) At the foot of section 31(1) of the Principal Act insert —
"Penalty: If the failure results in death or serious injury to a person—
(a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b) in the case of a body corporate, 2500 penalty units.
In any other case—
(c) in the case of an individual, 500 penalty units; or
(d) in the case of a body corporate, 2500 penalty units.".
(3) In section 31(2) of the Principal Act for "shall" substitute "must".
(4) At the foot of section 31(2) of the Principal Act insert —
"Penalty: If the failure results in death or serious injury to a person—
(a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b) in the case of a body corporate, 2500 penalty units.
In any other case—
(c) in the case of an individual, 500 penalty units; or
(d) in the case of a body corporate, 2500 penalty units.".
(5) In section 31(4) of the Principal Act for "shall" substitute "must".
(6) At the foot of section 31(4) of the Principal Act insert —
"Penalty: If the failure results in death or serious injury to a person—
(a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b) in the case of a body corporate, 2500 penalty units.
In any other case—
(c) in the case of an individual, 500 penalty units; or
(d) in the case of a body corporate, 2500 penalty units.".
(7) After section 31(4) of the Principal Act insert —
"(5) An offence against subsection (1), (2) or (4) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 ).".