Document ID: chunk:federal_register_of_legislation:C2004A01357:clause:2_19
Version: federal_register_of_legislation:C2004A01357
Segment Type: clause
Provision Reference: sch 2 cl 19
Character Range: 44066–44900

19  Offences exposing employees to a substantial risk of death or serious bodily harm

  An employer commits an offence if:
 (a) the employer breaches subsection 16(1) (duties of employers in relation to their employees etc.); and
 (b) the breach exposes an employee to a substantial risk of death or serious bodily harm; and
 (c) the employer:
 (i) was negligent as to whether that breach would expose an employee to a substantial risk of death or serious bodily harm; or
 (ii) was reckless as to whether that breach would expose an employee to a substantial risk of death or serious bodily harm.

Note 1: If a person commits an offence under this subclause, the maximum penalty in relation to the offence is set out in clause 21.

Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.