Safety in Recreational Water Activities Act 2011

A person commits a category 1 offence if—

the person has a health and safety duty for recreational water activities; and

the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed 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 the individual of death or serious injury or illness.

Maximum penalty—

for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units or 5 years imprisonment; or

for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—6,000 penalty units or 5 years imprisonment; or

for an offence committed by a body corporate—30,000 penalty units.

Note—

In this division, the penalty applicable to a body corporate is separately expressed. Otherwise the Penalties and Sentences Act 1992, section 181B applies for this Act.

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

A category 1 offence is a crime.