Northern Territory Numbered Regulations

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 295

Designer must give safety report to person who commissions design

    (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.

Maximum penalty:

(a)     in the case of an individual – $3 600.

(b)     in the case of a body corporate – $18 000.

Note for subregulation (1)

Strict liability applies to each physical element of this offence. See section 12B of the Act.

    (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 referred to in subregulation (1) in relation to that design.

Maximum penalty:

(a)     in the case of an individual – $3 600.

(b)     in the case of a body corporate – $18 000.

Note for subregulation (2)

Strict liability applies to each physical element of this offence. See section 12B of the Act.



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