Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 242

Log book and manuals for amusement devices

  (1)   The person with management or control of an amusement device at a workplace, in addition to complying with the record - keeping requirements of regulation   237, must ensure that:

  (a)   the log book for the amusement device records the details required under subregulation (1A); and

  (b)   the log book and operating and maintenance manuals for the amusement device are kept with the amusement device.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   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.

  (1A)   The log book for an amusement device must record:

  (a)   for each occasion on which the device is erected, details (including the date) of the erection; and

  (b)   for each occasion on which the device is stored, details of the storage; and

  (c)   details of the maintenance of the device; and

  (d)   for each day on which the device is operated, the number of hours for which it is operated; and

  (e)   the total number of hours for which the device has ever been operated; and

  (f)   details of any faults, or other matters relevant to the safety of the device, identified during its operation; and

  (g)   the following details for each person who operates the device:

  (i)   the person's name;

  (ii)   whether the person has been provided with instruction and training in the proper operation of the device;

  (iii)   for each occasion on which instruction or training in the proper operation of the device is provided to the person--the date, a summary of the instruction or training and the name and qualifications of the instructor or trainer; and

  (h)   details of each statutory notice issued in relation to the device, including:

  (i)   the date on which the notice was issued; and

  (ii)   the reasons for issuing the notice; and

  (iii)   any action taken in response to the notice; and

  (iv)   for a notice given under a corresponding WHS law--the location of the device when the notice was issued.

Note:   See also paragraph   238(2)(c).

  (1B)   For paragraph   (1A)(h), statutory notice means:

  (a)   an improvement notice, prohibition notice or infringement notice; or

  (b)   an improvement notice, prohibition notice or infringement notice under a corresponding WHS law.

  (2)   The person with management or control of an amusement device at a workplace must ensure that persons involved in the commissioning, installation, use, storage and testing, and the decommissioning, dismantling and disposal, of an amusement device are given:

  (a)   the log book for the amusement device; and

  (b)   the operating and maintenance manuals for the amusement device.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   000.

Note 1:   Subregulation   237(5) requires the person with management or control of the amusement device to give the log book and maintenance records to the person being supplied with the plant.

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.

  (3)   The person with management or control of an amusement device at a workplace must make the log book for the device available to any person to whom the person relinquishes control of the device.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   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.

Note:   In this Part, plant includes a structure (see definition of plant in subregulation   5(1)).


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