Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:175
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 175
Character Range: 264394–266275

175  Evidence of competence—duty of person conducting business or undertaking
 (1) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.
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 I monetary penalty.
 (2) A person conducting a business or undertaking at a workplace must not direct or allow a person appointed under regulation 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under regulation 174.
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 I monetary penalty.
 (3) A person conducting a business or undertaking must keep the written evidence given to the person:
 (a) under subregulation (1)—for at least 1 year after the diving work is carried out;
 (b) under subregulation (2)—for at least 1 year after the last occasion on which the person performs a function associated with the appointment.
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 I monetary penalty.

Division 3—Managing risks—general diving work