Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 188

    If a manufacturer of plant advises the designer of the plant that there is a hazard in the design of plant for which the designer has not provided a control measure, the designer must:

  (a)   revise the information originally supplied to the manufacturer to ensure that:

  (i)   the risk is eliminated so far as is reasonably practicable; or

  (ii)   if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable; or

  (b)   notify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this Part.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   000.

Note 1:   A designer also has duties under section   22 of the Act.

Note 2:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.