1.
Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable:

                     (a)  the provision and maintenance of a work environment without risks to health and safety; and

                     (b)  the provision and maintenance of safe plant and structures; and

                     (c)  the provision and maintenance of safe systems of work; and

                     (d)  the safe use, handling and storage of plant, structures and substances; and

                     (e)  the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and

                      (f)  the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and

                     (g)  that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking

2.
    While at work, a worker must:

                     (a)  take reasonable care for his or her own health and safety; and

                     (b)  take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and

                     (c)  comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; and

                     (d)  co‑operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers.

3.
30  Health and safety duty

                   In this Division, health and safety duty means a duty imposed under Division 2, 3 or 4 of this Part.

31  Reckless conduct—Category 1

             (1)  A person commits a Category 1 offence if:

                     (a)  the person has a health and 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.

Penalty:

                     (a)  In the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$300 000 or 5 years imprisonment or both.

                     (b)  In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$600 000 or 5 years imprisonment or both.

                     (c)  In the case of an offence committed by a body corporate—$3 000 000.

             (2)  The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.

32  Failure to comply with health and safety duty—Category 2

                   A person commits a Category 2 offence if:

                     (a)  the person has a health and safety duty; and

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

                     (c)  the failure exposes an individual to a risk of death or serious injury or illness.

Penalty:

                     (a)  In the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$150 000.

                     (b)  In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$300 000.

                     (c)  In the case of an offence committed by a body corporate—$1 500 000.

33  Failure to comply with health and safety duty—Category 3

                   A person commits a Category 3 offence if:

                     (a)  the person has a health and safety duty; and

                     (b)  the person fails to comply with that duty.

Penalty:

                     (a)  In the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$50 000.

                     (b)  In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$100 000.

                     (c)  In the case of an offence committed by a body corporate—$500 000.