Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 121

    (1)     A person commits an offence if—

        (a)     the person conducts a business or undertaking at a workplace; and

        (b)     the person directs or allows someone else (a worker ) to carry out high risk work at the workplace; and

        (c)     the worker—

              (i)     carries out the work; and

              (ii)     is not licensed to carry out the work.

Maximum penalty: 30 penalty units.

    (2)     Subsection (1) does not apply if—

        (a)     the worker carrying out the high risk work holds a national licence to carry out the high risk work; or

        (b)     the worker carrying out the high risk work is a trainee and the work done by the trainee is in accordance with division 8.4 (Trainees under supervision); or

        (c)     the worker carrying out the high risk work (other than a person doing scaffolding, dogging or rigging work) is testing, trialling, installing, commissioning, maintaining, servicing, repairing, altering or disposing of plant; or

        (d)     the high risk work is exempt under an exemption granted by the chief executive under division 8.7 (Exemptions).

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