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WORK HEALTH AND SAFETY REGULATION 2011 - REG 175
Evidence of competence—duty of person conducting business or undertaking
175 Evidence of competence—duty of person conducting business or undertaking
(1) A person conducting a business or undertaking at a workplace must not
direct or allow a worker to carry out general diving work unless the person
sees written evidence provided by the worker that the worker has the relevant
competence required under this division. Penalty— Maximum penalty—
(a) for an individual—12 1 / 2 penalty units; or
(b) for a body
corporate—60 penalty units. Note— In relation to the separate penalty for
an individual and a body corporate, see the note to section 50 (2) .
(2)
A person conducting a business or undertaking at a workplace must not direct
or allow a person appointed under section 177 to perform any of the functions
associated with that appointment unless the person conducting the business or
undertaking sees written evidence provided by the worker that the person
appointed has the competence required under section 174 . Penalty—
Maximum penalty— (a) for an individual—12 1 / 2 penalty units; or
(b) for
a body corporate—60 penalty units. Note— In relation to the separate
penalty for an individual and a body corporate, see the note to section 50 (2)
.
(3) A person conducting a business or undertaking must keep the written
evidence obtained— (a) under subsection (1) —for at least 1 year after the
diving work is carried out;
(b) under subsection (2) —for at least 1 year
after the last occasion on which the person performs a function associated
with the appointment.
Penalty— Maximum penalty— (a) for an
individual—12 1 / 2 penalty units; or
(b) for a body corporate—60 penalty
units. Note— In relation to the separate penalty for an individual and a
body corporate, see the note to section 50 (2) .
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