Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This section applies to the person with management or control of a registered mobile crane or tower crane at a workplace.
(2) The person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person—
(a) at the end of the design life recommended by the manufacturer for the crane; or
(b) if there are no manufacturer's recommendations—in accordance with the recommendations of a competent person; or
(c) if it is not reasonably practicable to comply with paragraph (a) or (b)—every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.
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).
(3) A major inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be a major inspection for the purposes of this section.
(4) In this section:
"competent person" means a person who—
(a) has acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the plant; or
(b) is determined by the regulator to be a competent person.
(5) The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subsection (4) (b) if the regulator considers that exceptional circumstances exist.
(6) In this section:
"major inspection" means—
(a) an examination of all critical components of the crane, if necessary by stripping down the crane and removing paint, grease and corrosion to allow a thorough examination of each critical component; and
(b) a check of the effective and safe operation of the crane.