A designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with:
(a) information to enable the plant to be manufactured in accordance with the design specifications; and
(b) if applicable, information about:
(i) the installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant; and
(ii) the hazards and risks associated with the use of the plant that the designer has identified; and
(iii) testing or inspections to be carried out on the plant; and
(iv) the systems of work and competency of operators that are necessary for the safe use of the plant; and
(v) the emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Notes for regulation 187
1 Strict liability applies to each physical element of this offence. See section 12B of the Act.
2 A designer also has duties under section 22 of the Act.