Document ID: chunk:federal_register_of_legislation:C2012A00122:clause:2_20
Version: federal_register_of_legislation:C2012A00122
Segment Type: clause
Provision Reference: sch 2 cl 20
Character Range: 18651–20935

20  Offences relating to contraventions of section 19
 (1) A person commits an offence if:
 (a) the person does an act, or omits to do an act, without reasonable excuse; and
 (b) the act or omission contravenes section 19(1), (2) or (3); and
 (c) the act or omission exposes an individual to a risk of death or serious injury or illness; and
 (d) the person is reckless as to the risk to an individual of death or serious injury or illness.
Penalty:
 (a) if the offence is 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 or 5 years imprisonment, or both; or
 (b) if the offence is 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 or 5 years imprisonment, or both.
 (2) The prosecution bears the burden of proving that the person did not have a reasonable excuse for the act or omission.
 (3) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission contravenes section 19(1), (2) or (3); and
 (c) the act or omission exposes an individual to a risk of death or serious injury or illness.
Penalty:
 (a) if the offence is 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) if the offence is 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.
 (4) Strict liability applies to paragraph (3)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission contravenes section 19(1), (2) or (3).
Penalty:
 (a) if the offence is 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)—$50,000; or
 (b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$100,000.