Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a person
contravenes section 23A in circumstances of gross negligence, the person
commits an offence and is liable to a level 4 penalty.
(2) If —
(a) a
person —
(i)
contravenes section 23A; and
(ii)
by the contravention causes the death of, or serious harm
to, a person;
and
(b)
subsection (1) does not apply,
the person commits an
offence and is liable to a level 3 penalty.
(3) If —
(a) a
person contravenes section 23A; and
(b)
neither subsection (1) nor subsection (2) applies,
the person commits an
offence and is liable to a level 2 penalty.
(4) A person charged
with an offence under —
(a)
subsection (1) may, instead of being convicted of that offence, be
convicted of an offence under subsection (2) or (3); or
(b)
subsection (2) may, instead of being convicted of that offence, be
convicted of an offence under subsection (3).
[Section 23B inserted by No. 51 of 2004
s. 28.]
[Heading inserted by No. 51 of 2004 s. 8.]