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RAIL SAFETY NATIONAL LAW (NSW) - SECT 58 Failure to comply with safety duty--reckless conduct--Category 1

RAIL SAFETY NATIONAL LAW (NSW) - SECT 58

Failure to comply with safety duty--reckless conduct--Category 1

58 Failure to comply with safety duty--reckless conduct--Category 1

(1) A person commits a Category 1 offence if--
(a) the person has a safety duty; and
(b) the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and
(c) the person is reckless as to the risk to an individual of death or serious injury or illness.
: Maximum penalty--
(a) in the case of an individual--$300 000 or imprisonment for 5 years, or both;
(b) in the case of a body corporate--$3 000 000.
(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.