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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 90 Reckless conduct—category 1

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 90

Reckless conduct—category 1

90 Reckless conduct—category 1

(1) A person commits an offence if—
(a) the person has a duty under section 88 ; and
(b) the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual, or class of individuals, to a risk of death or serious injury or illness; and
(c) the person is reckless to the risk.
Penalty—
Maximum penalty—
(a) for an individual—3,000 penalty units or 5 years imprisonment; or
(b) for a corporation—30,000 penalty units.
(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.