New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 30

30 Maintenance 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 maintenance 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 maintain the regulated system.

(3) If a duly qualified person--

(a) is engaged by the occupier of any premises to maintain a regulated system, and

(b) fails to ensure that the prescribed maintenance 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 maintain a regulated system on the premises engages a person other than an employee (a
"subcontractor" ) to maintain the system, the subcontractor is guilty of an offence if the subcontractor fails to ensure that the prescribed maintenance 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.