Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this division.
Maximum penalty:
(a) in the case of an individual—$1 250; or
(b) in the case of a body corporate—$6 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2) A person conducting a business or undertaking at a workplace must not direct or allow a person appointed under section 177 (Appointment of competent person to supervise diving work) to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under section 174.
Maximum penalty:
(a) in the case of an individual—$1 250; or
(b) in the case of a body corporate—$6 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3) A person conducting a business or undertaking must keep the written evidence given to the person—
(a) under subsection (1)—for at least 1 year after the diving work is carried out; and
(b) under subsection (2)—for at least 1 year after the last occasion on which the person performs a function associated with the appointment.
Maximum penalty:
(a) in the case of an individual—$1 250; or
(b) in the case of a body corporate—$6 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).