House of Assembly Fifty-First Parliament, Second Session (51-2) 51 2 Parliament of South Australia House of Assembly published Bills Occupational Health, Safety and Welfare (Penalties) Amendment Bill OCCUPATIONAL HEALTH, SAFETY AND WELFARE (PENALTIES) AMENDMENT BILL Final Stages Final Stages The Legislative Council agreed to the bill with the amendment indicated by the following schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly: No.1. Clause 5, page 3, lines 5 to 14— Delete proposed subsections (1) and (2) and substitute: (1)	A person is guilty of an offence if— (a)	the person, without lawful excuse, acts in a manner that creates a substantial risk of death or serious harm to another who is in a workplace; and (b)	the person— (i)	knew that his or her act or acts would create that risk; or (ii)	was recklessly indifferent about whether his or her act or acts would create that risk. Maximum penalty: (a)	in the case of a natural person—imprisonment for 5 years or double the Division 1 fine; (b)	in the case of a body corporate or an administrative unit in the Public Service of the State—double the Division 1 fine.