Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 37

37 .         Offences relating to serious public health risks

        (1)         A person must not —

            (a)         engage in conduct that the person knows will cause, or is likely to cause, a serious public health risk; or

            (b)         engage in conduct in a manner that the person knows will cause, or is likely to cause, a serious public health risk; or

            (c)         allow or permit conduct to be engaged in if the person knows that engagement in that conduct will cause, or is likely to cause, a serious public health risk; or

            (d)         allow or permit conduct to be engaged in in a manner that the person knows will cause, or is likely to cause, a serious public health risk; or

            (e)         allow or permit conduct to continue to be engaged in if the person knows that engagement in that conduct will cause, or is likely to cause, a serious public health risk; or

            (f)         allow or permit conduct to continue to be engaged in in a manner that the person knows will cause, or is likely to cause, a serious public health risk.

        Penalty for an offence under this subsection: a fine of $250 000 and imprisonment for 3 years.

        Daily penalty for an offence under this subsection: a fine of $50 000.

        (2)         A person must not —

            (a)         engage in conduct that the person ought reasonably to know will cause, or is likely to cause, a serious public health risk; or

            (b)         engage in conduct in a manner that the person ought reasonably to know will cause, or is likely to cause, a serious public health risk; or

            (c)         allow or permit conduct to be engaged in if the person ought reasonably to know that engagement in that conduct will cause, or is likely to cause, a serious public health risk; or

            (d)         allow or permit conduct to be engaged in in a manner that the person ought reasonably to know will cause, or is likely to cause, a serious public health risk; or

            (e)         allow or permit conduct to continue to be engaged in if the person ought reasonably to know that engagement in that conduct will cause, or is likely to cause, a serious public health risk; or

            (f)         allow or permit conduct to continue to be engaged in in a manner that the person ought reasonably to know will cause, or is likely to cause, a serious public health risk.

        Penalty for an offence under this subsection: a fine of $100 000 and imprisonment for 2 years.

        Daily penalty for an offence under this subsection: a fine of $20 000.

        (3)         A person must not —

            (a)         engage in conduct that causes, or will cause, or is likely to cause, a serious public health risk; or

            (b)         engage in conduct in a manner that causes, or will cause, or is likely to cause, a serious public health risk; or

            (c)         allow or permit conduct to be engaged in if engagement in that conduct causes, or will cause, or is likely to cause, a serious public health risk; or

            (d)         allow or permit conduct to be engaged in in a manner that causes, or will cause, or is likely to cause, a serious public health risk; or

            (e)         allow or permit conduct to continue to be engaged in if engagement in that conduct causes, or will cause, or is likely to cause, a serious public health risk; or

            (f)         allow or permit conduct to continue to be engaged in in a manner that causes, or will cause, or is likely to cause, a serious public health risk.

        Penalty for an offence under this subsection: a fine of $50 000.

        Daily penalty for an offence under this subsection: a fine of $10 000.