Australian Capital Territory Current Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 42

    (1)     A person must not use plant or a substance at a workplace if—

        (a)     a regulation requires the plant or substance or its design to be authorised; and

        (b)     the plant or substance or its design is not authorised in accordance with the regulation.

Maximum penalty:

        (a)     in the case of an individual—$20 000; or

        (b)     in the case of a body corporate—$100 000.

Note     Strict liability applies to each physical element of this offence (see  s 12A).

    (2)     A person who conducts a business or undertaking must not direct or allow a worker to use the plant or substance at a workplace if—

        (a)     a regulation requires the plant or substance or its design to be authorised; and

        (b)     the plant or substance or its design is not authorised in accordance with the regulation.

Maximum penalty:

        (a)     in the case of an individual—$20 000; or

        (b)     in the case of a body corporate—$100 000.

Note     Strict liability applies to each physical element of this offence (see  s 12A).