Western Australian Current Acts Western Australian Current Acts (1) A person commits
an offence (a Category 1 offence ) if —
(a) the
person has a health and safety duty as a person conducting a business or
undertaking; and
(b) the
person fails to comply with that duty; and
(c) the
failure causes the death of, or serious harm to, an individual.
Penalty for this subsection:
(a) for
an individual, imprisonment for 5 years and a fine of $680 000;
(b) for
a body corporate, a fine of $3 500 000.
(2) A person commits
an offence (a Category 1 offence ) if —
(a) the
person has a health and safety duty otherwise than as a person conducting a
business or undertaking; and
(b) the
person fails to comply with that duty; and
(c) the
failure causes the death of, or serious harm to, an individual.
Penalty for this subsection:
(a) for
an individual, if the offence is committed by the individual as an officer of
a person conducting a business or undertaking, imprisonment for 5 years and a
fine of $680 000;
(b) for
an individual, if paragraph (a) does not apply, imprisonment for 5 years and a
fine of $340 000;
(c) for
a body corporate, a fine of $3 500 000.
(3) For the purposes
of subsections (1)(c) and (2)(c), the failure causes serious harm to an
individual if it causes an injury or illness to the individual that —
(a)
endangers, or is likely to endanger, the individual’s life; or
(b)
results in, or is likely to result in, permanent injury or harm to the
individual’s health.
(4) A person charged
with a Category 1 offence may be convicted of a Category 2 offence or a
Category 3 offence.