Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 188

If a manufacturer of plant informs the designer of the plant that there is a hazard in the design of plant for which the designer has not provided a control measure, the designer must—

        (a)     revise the information originally supplied to the manufacturer to ensure that—

              (i)     the risk is eliminated so far as is reasonably practicable; or

              (ii)     if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable; or

        (b)     notify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this part.

Maximum penalty: tier G monetary penalty.

Note 1     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

Note 2     A designer also has duties under the title="A2011-35">Act

, s 22 (Duties of persons conducting businesses or undertakings that design plant, substances or structures).