Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 226

Plant with presence-sensing safeguarding system—records

    (1)     The person with management or control of plant with a presence-sensing safeguarding system at a workplace must keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subsection (2).

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)     The record must be kept for—

        (a)     5 years unless paragraph (b) applies; or

        (b)     the life of the plant or until the person relinquishes control of the plant if the plant is registered plant or has been altered.

    (3)     The person must keep the record available for inspection under the Act.

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).

    (4)     The person must make the record available to any person to whom the person relinquishes control of the plant.

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).

Note 1     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.

Note 2     This part applies in addition to pt 5.1.

Note 3     In this part, plant includes a structure (see dict).



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