WORK HEALTH AND SAFETY ACT 2011 - SECT 42 Requirements for authorisation of plant or substance
WORK HEALTH AND SAFETY ACT 2011 - SECT 42
Requirements for authorisation of plant or substance(1) A person must not use plant or a substance at a workplace if—
(a) a regulation requires 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 regulation.
Maximum penalty:
(a) in the case of an individual—$20 000; or
(b) in the case of a body corporate—$100 000.
Note Strict liability applies to each physical element of this offence (see s 12A).
(2) A person who conducts a business or undertaking must not direct or allow a worker to use the plant or substance at a workplace if—
(a) a regulation requires 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 regulation.
Maximum penalty:
(a) in the case of an individual—$20 000; or
(b) in the case of a body corporate—$100 000.
Note Strict liability applies to each physical element of this offence (see s 12A).