(1) A person commits an offence if—
(a) the person has a safety duty; and
(b) the person fails to comply with the duty; and
(c) the failure exposes someone to a substantial risk of serious harm; and
(d) the person is reckless about whether the failure exposes anyone to a substantial risk of serious harm.
Maximum penalty: 1 500 penalty units, imprisonment for 5 years or both.
(2) Absolute liability applies to subsection (1) (a).
(3) Strict liability applies to subsection (1) (b).
Note For public sector workplace compliance measures, see div 6.8.