Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 187

A designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with—

        (a)     information to enable the plant to be manufactured in accordance with the design specifications; and

        (b)     if applicable, information about—

              (i)     the installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant; and

              (ii)     the hazards and risks associated with the use of the plant that the designer has identified; and

              (iii)     testing or inspections to be carried out on the plant; and

              (iv)     the systems of work and competency of operators that are necessary for the safe use of the plant; and

              (v)     the emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant.

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

Note 1     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

Note 2     A designer also has duties under the title="A2011-35">Act

, s 22 (Duties of persons conducting businesses or undertakings that design plant, substances or structures).