Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:82
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 82
Character Range: 195165–197439

82  Exceptions
 (1) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out:
 (a) in the course of training towards a certification in order to be licensed to carry out the high risk work; and
 (b) under the supervision of a person who is licensed to carry out the high risk work.
 (1A) A person who holds a certification in relation to a specified VET course for high risk work is not required to be licensed to carry out the work:
 (a) for 60 days after the certification is issued; and
 (b) if the person applies for the relevant high risk work licence within that 60 day period, until:
 (i) the person is granted the licence; or
 (ii) the expiry of 28 days after the person is given written notice under subregulation 91(2) of a decision to refuse to grant the licence.
 (1B) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out while an accredited assessor is conducting an assessment of the person's competency in relation to the work.
 (2) A person who carries out high risk work involving plant is not required to be licensed if:
 (a) the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace; and
 (b) the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.
 (3) For paragraph (2)(a), moving includes operating the plant in order to load the plant onto, or unload it from, a vehicle or equipment used to move it.
 (4) A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if:
 (a) the work is limited to setting up or dismantling the crane or hoist; and
 (b) the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.
Note: See Schedule 3 for the classes of crane operator licence.
 (5) A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator.