Document ID: chunk:federal_register_of_legislation:C2004A01357:clause:2_18
Version: federal_register_of_legislation:C2004A01357
Segment Type: clause
Provision Reference: sch 2 cl 18
Character Range: 42094–44066

18  Offences resulting in death or serious bodily harm

 (1) A person commits an offence if:
 (a) the person breaches one of the following provisions:
 (i) subsection 16(1) (duties of employers in relation to their employees etc.);
 (ii) section 17 (duty of employers in relation to third parties);
 (iii) subsection 18(1) or 18(2) (duties of manufacturers in relation to plant and substances);
 (iv) subsection 19(1) (duties of suppliers in relation to plant and substances);
 (v) subsection 20(1) (duties of person erecting or installing plant in a workplace);
 (vi) subsection 21(1) (duties of employees in relation to occupational health and safety);
 (vii) subsection 43(2) (requirement to provide assistance and information);
 (viii) subsection 45(5) (requirement to ensure compliance with direction that workplace etc. not be disturbed);
 (ix) subsection 45A(3) (requirement to ensure compliance with oral direction that workplace etc. not be disturbed);
 (x) subsection 46(4) (requirement to ensure that prohibition notice complied with);
 (xi) subsection 47(6) (requirement to comply with improvement notice);
 (xii) section 50 (requirement not to tamper with notices);
 (xiii) section 72 (interference etc. with equipment etc.); and
 (b) the breach causes death or serious bodily harm; and
 (c) the person either:
 (i) was negligent as to whether that breach would cause death or serious bodily harm; or
 (ii) was reckless as to whether that breach would cause 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.

 (2) Paragraphs (1)(a)(vii), (xii) and (xiii) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subclause (2) (see subsection 13.3(3) of the Criminal Code).