Subject to regulation 407 , a person conducting a business or undertaking must ensure that health monitoring of a worker referred to in regulation 405 includes health monitoring of a type referred to in an item in Schedule 14 , table 14.2 unless –

(a) an equal or better type of health monitoring is available; and

(b) the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.