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DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 10 Reckless conduct causing death or serious injury by person with duties under section 9

DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 10

Reckless conduct causing death or serious injury by person with duties under section 9

10 Reckless conduct causing death or serious injury by person with duties under section 9

(1) In this section--


"conduct" includes acts or omissions.
(2) A person--
(a) whose conduct causes the death or serious injury of another person, and
(b) who owes a duty under section 9 when engaging in that conduct, and
(c) who is reckless as to the danger of death or serious injury to any person that arises from that conduct,
is guilty of an offence.
: Maximum penalty--1,000 penalty units or imprisonment for 4 years, or both, for an individual or 5,000 penalty units for a body corporate.
(3) For the purposes of this section, a person's conduct causes death if it substantially contributes to the death.
(4) If, on the trial of a person for an offence against this section, the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 9, the jury may acquit the person of the offence charged and find the person guilty of the offence against section 9, and the person is liable to punishment accordingly.