Australian Capital Territory Numbered Acts

DANGEROUS SUBSTANCES ACT 2004 (NO. 7 OF 2004) - SECT 45

    (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 exposes property or the environment to a substantial risk of substantial damage; and

        (d)     the person either—

              (i)     was reckless about whether the failure would expose property or the environment to a substantial risk of substantial damage; or

              (ii)     was negligent about whether the failure would expose property or the environment to a substantial risk of substantial damage.

Maximum penalty: 1 000 penalty units, imprisonment for 3 years or both.

    (2)     Absolute liability applies to subsection (1) (a).