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PUBLIC HEALTH ACT 2010 - SECT 29
Operation of regulated systems
29 Operation of regulated systems
(cf 1991 Act, s 46)
(1) If an occupier of any premises on which a
regulated system is installed fails to ensure that the
prescribed operating requirements are complied with, the occupier is guilty of
an offence. : Maximum penalty-- (a) in the case of an individual--100 penalty
units for a first offence or 200 penalty units, or imprisonment for 12 months,
or both, for a second or subsequent offence, or
(b) in the case of a
corporation--500 penalty units for a first offence or 1,000 penalty units for
a second or subsequent offence.
(2) It is a defence to proceedings for an
offence under subsection (1) if the occupier satisfies the court that a
duly qualified person was engaged to operate the regulated system.
(3) If a
duly qualified person-- (a) is engaged by the occupier of any premises to
operate a regulated system, and
(b) fails to ensure that the
prescribed operating requirements are complied with,
that person is guilty of
an offence. : Maximum penalty-- (a) in the case of an individual--100 penalty
units for a first offence or 200 penalty units, or imprisonment for 12 months,
or both, for a second or subsequent offence, or
(b) in the case of a
corporation--500 penalty units for a first offence or 1,000 penalty units for
a second or subsequent offence.
(4) If a duly qualified person who is engaged
by the occupier of any premises to operate a regulated system on the premises
engages a person other than an employee (a
"subcontractor" ) to operate the system, the subcontractor is guilty of an
offence if the subcontractor fails to ensure that the
prescribed operating requirements are complied with. : Maximum penalty-- (a)
in the case of an individual--100 penalty units for a first offence or 200
penalty units, or imprisonment for 12 months, or both, for a second or
subsequent offence, or
(b) in the case of a corporation--500 penalty units
for a first offence or 1,000 penalty units for a second or subsequent offence.
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