Victorian Current Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 40

    (1)     An employer or self-employed person must not conduct an undertaking at a workplace if—

        (a)     the regulations require the workplace, or class of workplace, to be licensed or registered; and

        (b)     the workplace, or class of workplace, is not licensed or registered (as the case may be) in accordance with the regulations.

Penalty:     500 penalty units for a natural person;

2500 penalty units for a body corporate.

    (2)     A person must not use plant at a workplace if—

        (a)     the regulations require the plant or its design to be licensed or registered; and

        (b)     the plant or its design (as the case may be) is not licensed or registered (as the case may be) in accordance with the regulations.

Penalty:     100 penalty units for a natural person;

500 penalty units for a body corporate.

    (3)     A person must not use a substance at a workplace if—

        (a)     the regulations require the substance to be licensed or registered; and

        (b)     the substance is not licensed or registered (as the case may be) in accordance with the regulations.

Penalty:     100 penalty units for a natural person;

500 penalty units for a body corporate.

    (4)     A person must not carry out work, or an activity, at a workplace if—

        (a)     the regulations require the work or activity, or class of work or activity, to be carried out by a person who is registered or licensed; and

        (b)     the person is not registered or licensed (as the case may be) in accordance with the regulations.

Penalty:     100 penalty units for a natural person;

500 penalty units for a body corporate.

    (5)     An offence against subsection (1) is an indictable offence.

Note to s. 40(5) amended by No. 68/2009 s. 97(Sch. item 90.12).

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).