Australian Capital Territory Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 35 OF 2011) - SECT 31

    (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.