Australian Capital Territory Numbered Regulations

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WORK HEALTH AND SAFETY AMENDMENT REGULATION 2014 (NO 2) (NO 20 OF 2014) - REG 34

Section 235 (2) and (3)

substitute

    (2)     The person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person—

        (a)     at the end of the design life recommended by the manufacturer for the crane; or

        (b)     if there are no manufacturer's recommendations—in accordance with the recommendations of a competent person; or

        (c)     if it is not reasonably practicable to comply with paragraph (a) or (b)—every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).

    (3)     A major inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be a major inspection for the purposes of this section.



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