South Australian Current Regulations South Australian Current Regulations (1) A manufacturer of
plant must ensure the following:
(a) that
the plant is manufactured and inspected having regard to the information
provided to the manufacturer by the designer of the plant under the Act and
these regulations;
(b) if
the information provided to the manufacturer by the designer of the plant
under the Act and these regulations requires the plant to be tested—that
the plant is tested in accordance with that information;
(c) if,
during the manufacturing process, any hazard is identified in the design of
the plant for which the designer has not provided a control measure—
(i)
that the hazard is not incorporated into the manufacture
of the plant; and
(ii)
that the designer of the plant is given written notice of
the hazard as soon as practicable; and
(iii)
that all reasonable steps are taken to consult with the
designer of the plant in relation to the alteration of the design to rectify
the hazard.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) A manufacturer of
plant must ensure that, if it is not possible to inform the designer about the
hazard in accordance with subregulation (1)—
(a) the
risk is eliminated, so far as is reasonably practicable; or
(b) if
it is not reasonably practicable to eliminate the risk, the risk is minimised
so far as is reasonably practicable.
Note—
WHS Act—section 23 (see regulation 9).
(3) A manufacturer to
whom subregulation (1)(c) applies must not manufacture the plant
until—
(a) the
designer gives the manufacturer the revised information or written instruction
under regulation 188; or
(b) the
manufacturer eliminates or minimises the risk under subregulation (2).
Note—
WHS Act—section 23 (see regulation 9).
(4) If the designer
notifies a manufacturer of plant under regulation 188, the manufacturer
may proceed in accordance with the designer's original information.