South Australian Numbered Acts

WORK HEALTH AND SAFETY ACT 2012 (NO 40 OF 2012) - SECT 44

44—Requirements for prescribed qualifications or experience

        (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 under the supervision of, a person who has prescribed qualifications or experience; and

            (b)         the person does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.

Maximum penalty:

            (a)         in the case of an individual—$20 000;

            (b)         in the case of a body corporate—$100 000.

        (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 under the supervision of, a person who has prescribed qualifications or experience; and

            (b)         the worker does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.

Maximum penalty:

            (a)         in the case of an individual—$20 000;

            (b)         in the case of a body corporate—$100 000.