34C

Offence of industrial manslaughter

Current

A person commits industrial manslaughter if—

(a)

the person has a health and safety duty, and

(b)

the person is—

(i)

a person conducting a business or undertaking, or

(ii)

an officer of a person conducting a business or undertaking, and

(c)

the person engages in conduct that—

(i)

for a person conducting a business or undertaking—

(A)

constitutes a failure to comply with the person’s health and safety duty, and

(B)

causes the death of a worker or another individual to whom the person’s health and safety duty is owed, or

(ii)

for an officer of a person conducting a business or undertaking—

(A)

constitutes a failure to comply with the officer’s health and safety duty, and

(B)

causes the death of a worker or another individual to whom the person conducting a business or undertaking owes a health and safety duty, and

(d)

the person engages in the conduct with gross negligence.

Maximum penalty—

(a)

for an individual—imprisonment for 25 years, or

(b)

for a body corporate—$20,000,000.

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