Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 213

    (1)     The person with management or control of plant at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the plant is carried out by a competent person.

Maximum penalty:

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

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

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

    (2)     The maintenance, inspection and testing must be carried out—

        (a)     in accordance with the manufacturer's recommendations, if any; or

        (b)     if there are no manufacturer's recommendations, in accordance with the recommendations of a competent person; or

        (c)     in relation to inspection, if it is not reasonably practicable to comply with paragraph (a) or (b), annually.

Note     The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the dictionary, definition of person with management or control of plant at a workplace and the and the title="A2011-35">Act

, s 21.