s 16B
In forceOccupational health and safety duties offence—recklessness
Schedule 2APetroleum environmental laws: additional NOPSEMA inspection powers
Part 4OHS inspections
Division 1AOccupational health and safety duties: enforcement
16B Occupational health and safety duties offence—recklessness
Offence
(1)
A person commits an offence if:
(a)
the person is subject to a health and safety requirement; and
(b)
the person omits to do an act; and
(c)
the omission breaches the requirement.
Penalty: 3,500 penalty units.
Fault elements
(2)
Absolute liability applies to paragraph (1)(a).
Note:
For absolute liability, see section 6.2 of the Criminal Code.
(3)
Recklessness applies to paragraphs (1)(b) and (c).
Note:
For recklessness, see section 5.4 of the Criminal Code.
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