Failure to comply with safety duty—exposing people to substantial risk of death or serious harm
43 Failure to comply with safety duty—exposing people to substantial risk of death or serious harm
A person commits an offence if—
the person is required to comply with a safety duty; and
the person fails to comply with the safety duty; and
the failure exposes anyone to a substantial risk of death or serious harm; and
the person either—
was reckless about whether the failure would expose anyone to a substantial risk of death or serious harm; or
was negligent about whether the failure would expose anyone to a substantial risk of death or serious harm.
Maximum penalty: 1 500 penalty units, imprisonment for 5 years or both.
Absolute liability applies to subsection (1) (a).
Strict liability applies to subsection (1) (b).
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.