Work Health and Safety Act 2011

A person commits a category 1 offence if—

the person has a health and safety duty; and

the person, without reasonable excuse, engages in conduct that—

exposes an individual to whom the duty is owed to a risk of death or serious injury or illness; or

if the person is an officer of a person conducting a business or undertaking—exposes an individual, to whom the person conducting a business or undertaking owes a health and safety duty, to a risk of death or serious injury or illness; and

the person—

engages in the conduct with negligence; or

is reckless as to the risk to an individual of death or serious injury or illness.

for an individual—category 1 monetary penalty or imprisonment for 10 years or both; or

for a body corporate—category 1 monetary penalty.

Strict liability applies to s (1) (a) (see s 12A).

The prosecution has the burden of proving that the conduct was engaged in without reasonable excuse.

A category 1 offence is declared to be an indictable offence.

An indictable offence is an offence punishable by imprisonment for longer than 2 years or an offence declared by an ACT law to be an indictable offence (see Legislation Act, s 190 (1)).