WORK HEALTH AND SAFETY ACT 2011 - SECT 32 Failure to comply with health and safety duty—category 2
WORK HEALTH AND SAFETY ACT 2011 - SECT 32
Failure to comply with health and safety duty—category 2A person commits a category 2 offence if—
(a) the person has a health and safety duty; and
(b) the person fails to comply with that duty; and
(c) the failure exposes an individual to a risk of death or serious injury or illness.
Maximum penalty:
(a) in the case of an offence 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) in the case of an offence 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) in the case of an offence committed by a body corporate—$1 500 000.
Note Strict liability applies to each physical element of this offence (see s 12A).