Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a person
contravenes section 14(1), (2), (3) or (4) 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 14(1), (2), (3) or (4); and
(ii)
by the contravention causes the death of, or serious harm
to, a person to whom a duty is owed under that subsection;
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 14(1), (2), (3) or (4); 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 15 inserted by No. 68 of 2004
s. 27.]
[Heading inserted by No. 68 of 2004
s. 10.]