Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 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.

Penalty:

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

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

Note:   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.

  (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 definition of person with management or control of plant at a workplace in subregulation   5(1) and section   21 of the Act.