(1) The designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that states the hazards relating to the design of the structure that, so far as the designer is reasonably aware—
(a) create a risk to the health or safety of persons who are to carry out any construction work on the structure or part; and
(b) are associated only with the particular design and not with other designs of the same type of structure.
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) If the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report mentioned in subsection (1) in relation to that design.
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).