Australian Capital Territory Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 35 OF 2011) - SECT 32

A person commits a category 2 offence if—

        (a)     the person has a health and safety duty; and

        (b)     the person fails to comply with that duty; and

        (c)     the failure exposes an individual to a risk 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)—$150 000; 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—$300 000; or

        (c)     in the case of an offence committed by a body corporate—$1 500 000.

Note     Strict liability applies to each physical element of this offence (see  s 12A).