New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 46

46 Operation and maintenance of system

(1) If the occupier of regulated premises fails, while such an occupier, to ensure that the prescribed operating requirements, or the prescribed maintenance requirements, are complied with in relation to a regulated system installed on the premises, the occupier is guilty of an offence.

(2) It is a defence to proceedings for an offence under this section if the court is satisfied that:

(a) the occupier engaged a person to carry out the requirements to which the proceedings relate, and

(b) the person so engaged might reasonably have been expected to be competent to carry out the requirements.

(3) If a contractor:

(a) is engaged by the occupier of regulated premises to operate a regulated system, and

(b) fails to carry out the prescribed operating requirements for the system,

the contractor is guilty of an offence.

(4) If a contractor:

(a) is engaged by the occupier of regulated premises to maintain a regulated system, and

(b) fails to carry out the prescribed maintenance requirements for the system,

the contractor is guilty of an offence.

(5) This section applies to a regulated system whether installed before or after the commencement of this Part.