Northern Territory Consolidated Acts

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) ACT - SECT 42

Requirements for authorisation of plant or substance

    (1)     A person must not use plant or a substance at a workplace if:

        (a)     the Regulations require the plant or substance or its design to be authorised; and

        (b)     the plant or substance or its design is not authorised in accordance with the Regulations.

Maximum penalty:

        (a)     in the case of an individual – $20 000; or

        (b)     in the case of a body corporate – $100 000.

Note for subsection (1)

Strict liability applies to each physical element of this offence – see section 12B.

    (2)     A person who conducts a business or undertaking must not direct or allow a worker to use a plant or substance at a workplace if:

        (a)     the Regulations require the plant or substance or its design to be authorised; and

        (b)     the plant or substance or its design is not authorised in accordance with the Regulations.

Maximum penalty:

        (a)     in the case of an individual – $20 000; or

        (b)     in the case of a body corporate – $100 000.

Note for subsection (2)

Strict liability applies to each physical element of this offence – see section 12B.



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