Document ID: chunk:federal_register_of_legislation:C2014C00507:clause:2_16c
Version: federal_register_of_legislation:C2014C00507
Segment Type: clause
Provision Reference: sch 2 cl 16C
Character Range: 146752–147293

16C  Occupational health and safety duties offence—negligence

Offence
 (1) A person commits an offence if:
 (a) the person is subject to a health and safety requirement; and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: 1,750 penalty units.

Fault elements
 (2) Absolute liability applies to paragraph (1)(a).
Note: For absolute liability, see section 6.2 of the Criminal Code.
 (3) Negligence applies to paragraphs (1)(b) and (c).
Note: For negligence, see section 5.5 of the Criminal Code.