PUBLIC HEALTH ACT 2010 - SECT 29 Operation of regulated systems
PUBLIC HEALTH ACT 2010 - SECT 29
Operation of regulated systems29 Operation of regulated systems
(cf 1991 Act, s 46)
(1) If an occupier of any premises on which a regulated system is installed fails to ensure that the prescribed operating requirements are complied with, the occupier is guilty of an offence.: Maximum penalty--(a) in the case of an individual--100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or(b) in the case of a corporation--500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
(2) It is a defence to proceedings for an offence under subsection (1) if the occupier satisfies the court that a duly qualified person was engaged to operate the regulated system.
(3) If a duly qualified person--(a) is engaged by the occupier of any premises to operate a regulated system, and(b) fails to ensure that the prescribed operating requirements are complied with,that person is guilty of an offence.: Maximum penalty--(a) in the case of an individual--100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or(b) in the case of a corporation--500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
(4) If a duly qualified person who is engaged by the occupier of any premises to operate a regulated system on the premises engages a person other than an employee (a
"subcontractor" ) to operate the system, the subcontractor is guilty of an offence if the subcontractor fails to ensure that the prescribed operating requirements are complied with.: Maximum penalty--(a) in the case of an individual--100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or(b) in the case of a corporation--500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.