Document ID: chunk:federal_register_of_legislation:C2023A00120:clause:4_30a
Version: federal_register_of_legislation:C2023A00120
Segment Type: clause
Provision Reference: sch 4 cl 30A
Character Range: 151307–153395

30A  Industrial manslaughter
 (1) A person commits an offence if:
 (a) the person is:
 (i) a person conducting a business or undertaking; or
 (ii) an officer of a person conducting a business or undertaking; and
 (b) the person has a health and safety duty; and
 (c) the person intentionally engages in conduct; and
 (d) the conduct breaches the health and safety duty; and
 (e) the conduct causes the death of an individual; and
 (f) the person was reckless, or negligent, as to whether the conduct would cause the death of an individual.
Note: There is no limitation period for bringing proceedings for an offence against this subsection (see subsection 232(2A)).
Penalty:
 (a) In the case of an offence committed by an individual—25 years imprisonment.
 (b) In the case of an offence committed by a body corporate—$18,000,000.

When conduct causes death
 (2) For the purposes of subsection (1), a person's conduct causes a death if the conduct substantially contributes to the death.

No substitution of pecuniary penalty for imprisonment
 (3) Subsection 4B(2) of the Crimes Act 1914 does not apply in relation to an offence against subsection (1) of this section.

Alternative verdicts
 (4) If, in proceedings for an offence (the prosecuted offence) against subsection (1), the trier of fact:
 (a) is not satisfied that the person is guilty of the prosecuted offence; and
 (b) is satisfied that the person is guilty of an offence (the alternative offence) that is a Category 1 offence or a Category 2 offence;
the trier of fact may find the person not guilty of the prosecuted offence but guilty of the alternative offence, so long as the person has been accorded procedural fairness in relation to that finding of guilt.

No limitation period in relation to alternative verdicts
 (5) For the purposes of subsection (4), it does not matter whether the proceedings mentioned in that subsection were brought at a time when, or in circumstances in which, bringing proceedings for the alternative offence would have been permitted under section 232 (limitation period for prosecutions).