Document ID: chunk:federal_register_of_legislation:C2012A00122:clause:2_161:p1
Version: federal_register_of_legislation:C2012A00122
Segment Type: clause
Provision Reference: sch 2 cl 161 (pt 1/2)
Character Range: 21047–23685

161  Offences relating to contraventions of conditions by accredited persons
 (1) An accredited 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 a condition prescribed by the regulations for the purposes of this paragraph; 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; or
 (c) if the offence is committed by a body corporate—$3,000,000.
 (2) The prosecution bears the burden of proving that the person did not have a reasonable excuse for the act or omission.
 (3) An accredited person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph; 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; or
 (c) if the offence is committed by a body corporate—$1,500,000.
 (4) Strict liability applies to paragraph (3)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) An accredited person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph.
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; or
 (c)