55
In forceFailure to comply with safety duty—causing death or serious harm to people
Part 3Radiation safety
Division 3.7Emergency powers
55 Failure to comply with safety duty—causing death or serious harm to people
(1)
A person commits an offence if—
(a)
the person is required to comply with a safety duty; and
(b)
the person fails to comply with the safety duty; and
(c)
the failure causes the death of or serious harm to anyone; and;
(d)
the person either—
(i)
was reckless about whether the failure would cause the death of or serious harm to anyone; or
(ii)
was negligent about whether the failure would cause the death of or serious harm to anyone.
Maximum penalty: 2 000 penalty units, 7 years imprisonment or both.
(2)
Absolute liability applies to subsection (1) (a).
(3)
Strict liability applies to subsection (1) (b).
This Act’s bill:Explanatory statementSecond reading speech
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