(1) The designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that specifies the hazards relating to the design of the structure that, so far as the designer is reasonably aware—(a) create a risk to the health or safety of persons who are to carry out any construction work on the structure or part; and(b) are associated only with the particular design and not with other designs of the same type of structure.Penalty—Maximum penalty—(a) for an individual—12 1 / 2 penalty units; or(b) for a body corporate—60 penalty units.
(2) If the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report mentioned in subsection (1) in relation to that design.Penalty—Maximum penalty—(a) for an individual—12 1 / 2 penalty units; or(b) for a body corporate—60 penalty units.