Australian Capital Territory Numbered Regulations

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OCCUPATIONAL HEALTH AND SAFETY (GENERAL) REGULATION 2007 (NO 36 OF 2007) - REG 85

Employer to protect site of occurrence of event

    (1)     An employer commits an offence if the employer—

        (a)     is required to give the chief executive notice of the occurrence of an event under the Act, section 204 (1); and

        (b)     fails to ensure that the site where the event occurred is not entered or otherwise disturbed until an inspector directs that the site may be used.

Maximum penalty: 10 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     This section does not apply to the disturbance of a site to—

        (a)     protect the health or safety of a person; or

        (b)     help an injured person; or

        (c)     take essential action to make the site safe or to prevent a further occurrence.



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