Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:166
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 166
Character Range: 256476–257953

166  Duty of person conducting a business or undertaking
 (1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2) If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that:
 (a) a risk assessment is conducted in relation to the proposed work; and
 (b) control measures implemented are consistent with:
 (i) the risk assessment; and
 (ii) if an electricity supply authority is responsible for the electric line, any requirements of the authority.
Note 1: Relevant electricity safety legislation will also apply to the person conducting the business or undertaking.
Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.

Part 4.8—Diving Work

Division 1—Preliminary