Australian Capital Territory Numbered Regulations

WORK HEALTH AND SAFETY AMENDMENT REGULATION 2014 (NO 2) (NO 20 OF 2014) - REG 9

substitute

    (2)     A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances mentioned in section 82 (1) (Exceptions) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training mentioned in section 82 (1) (a).

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).

    (2A)     A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances mentioned in section 82 (1A) unless the person sees written evidence provided by the worker that the worker—

        (a)     in the circumstances mentioned in section 82 (1A) (a)—holds a certification mentioned in section 82 (1A); and

        (b)     in the circumstances mentioned in section 82 (1A) (b)—

              (i)     holds a certification mentioned in section 82 (1A); and

              (ii)     has applied for the relevant licence within the period mentioned in section 82 (1A) (b).

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).