Australian Capital Territory Current Acts

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RADIATION PROTECTION ACT 2006 - SECT 55

Failure to comply with safety duty—causing death or serious harm to people

    (1)     A person commits an offence if—

        (a)     the person is required to comply with a safety duty; and

        (b)     the person fails to comply with the safety duty; and

        (c)     the failure causes the death of or serious harm to anyone; and;

        (d)     the person either—

              (i)     was reckless about whether the failure would cause the death of or serious harm to anyone; or

              (ii)     was negligent about whether the failure would cause the death of or serious harm to anyone.

Maximum penalty: 2 000 penalty units, 7 years imprisonment or both.

    (2)     Absolute liability applies to subsection (1) (a).

    (3)     Strict liability applies to subsection (1) (b).



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