(1) A person must not carry out work at a workplace if:
(a) the Regulations require the work, or class of work, to be carried out by, or on behalf of, a person who is authorised; and
(b) the person, or the person on whose behalf the work is carried out, is not authorised in accordance with the Regulations.
Maximum penalty:
(a) in the case of an individual – $20 000; or
(b) in the case of a body corporate – $100 000.
Note for subsection (1)
Strict liability applies to each physical element of this offence – see section 12B.
(2) A person who conducts a business or undertaking must not direct or allow a worker to carry out work at a workplace if:
(a) the Regulations require the work, or class of work, to be carried out by, or on behalf of, a person who is authorised; and
(b) the person, or the person on whose behalf the work is to be carried out, is not authorised in accordance with the Regulations.
Maximum penalty:
(a) in the case of an individual – $20 000; or
(b) in the case of a body corporate – $100 000.
Note for subsection (2)
Strict liability applies to each physical element of this offence – see section 12B.