Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 234

Duty of persons conducting businesses or undertakings that commission plant

  (1)   This regulation applies to a person who conducts a business or undertaking that commissions plant.

  (2)   The person must not commission an item of plant that is specified in Part   2 of Schedule   5 for use in a workplace unless that item of plant is registered under Part   5.3.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   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.

  (3)   Nothing in subregulation   (2) prevents a person from performing any necessary adjustments, tests or inspections as part of the commissioning process before the plant is commissioned at a workplace.


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