Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 59

  (1)   A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable.

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.

  (2)   A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about:

  (a)   the noise emission values of the plant; and

  (b)   the operating conditions of the plant when noise emission is to be measured; and

  (c)   the methods the designer has used to measure the noise emission of the plant.

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)   A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable.

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.

  (4)   A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about:

  (a)   the noise emission values of the plant; and

  (b)   the operating conditions of the plant when noise emission is to be measured; and

  (c)   the methods the manufacturer has used to measure the noise emission of the plant.

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.

  (5)   An importer of plant must take all reasonable steps to:

  (a)   obtain information about:

  (i)   the noise emission values of the plant; and

  (ii)   the operating conditions of the plant when noise emission is to be measured; and

  (iii)   the methods the designer or manufacturer has used to measure the noise emission of the plant; and

  (b)   give that information to any person to whom the importer supplies the plant.

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.

  (6)   A supplier of plant must take all reasonable steps to:

  (a)   obtain the information the designer, manufacturer or importer is required to give a supplier under subregulation   (2), (4) or (5); and

  (b)   give that information to any person to whom the supplier supplies the plant.

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.