Document ID: chunk:federal_register_of_legislation:C2024C00243:section:31
Version: federal_register_of_legislation:C2024C00243
Segment Type: section
Provision Reference: s 31
Character Range: 83196–84200

31  Negligence or reckless conduct—Category 1
 (1) A person commits a Category 1 offence if:
 (a) the person has a health and safety duty; and
 (b) the person, without reasonable excuse, engages in conduct that:
 (i) exposes an individual to whom the duty is owed to a risk of death or serious injury or illness; or
 (ii) if the person is an officer of a person conducting a business or undertaking—exposes an individual, to whom the person conducting a business or undertaking owes a health and safety duty, to a risk of death or serious injury or illness; and
 (c) the person:
 (i) engages in the conduct with negligence; or
 (ii) is reckless as to the risk to an individual of death or serious injury or illness.
Penalty:
 (a) In the case of an individual—the category 1 monetary penalty or 15 years imprisonment or both.
 (b) In the case of a body corporate—the category 1 monetary penalty.
 (2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.