Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 40

PART 6 LICENCES, REGISTRATION, PERMITS AND OTHER REQUIREMENTS

Requirements for licence or registration

40. Requirements for licence or registration



(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 However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).