(1) A person commits a category 1 offence if—
(a) the person has a health and safety duty; and
(b) 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
(c) the person is reckless as to the risk to an individual of death or serious injury or illness.
Maximum penalty:
(a) in the case of 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)—$300 000, imprisonment for 5 years or both; or
(b) in the case of 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—$600 000, imprisonment for 5 years or both; or
(c) in the case of an offence committed by a body corporate—$3 000 000.
Note Strict liability applies to s (1) (a) (see s 12A).
(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.