Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:226
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 226
Character Range: 334667–336856

226  Plant with presence‑sensing safeguarding system—records
 (1) The person with management or control of plant with a presence‑sensing safeguarding system at a workplace must keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subregulation (2).
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) The record must be kept for:
 (a) 5 years unless paragraph (b) applies; or
 (b) the life of the plant or until the person relinquishes control of the plant if the plant is registered plant or has been altered.
 (3) The person must keep the record available for inspection under the Act.
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.
 (4) The person must make the record available to any person to whom the person relinquishes control of the plant.
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.

Part 5.2—Additional duties relating to registered plant and plant designs
Note 1: The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in subregulation 5(1) and section 21 of the Act.
Note 2: This Part applies in addition to Part 5.1.
Note 3: In this Part, plant includes a structure (see definition of plant in subregulation 5(1)).

Division 1—Application of Part 5.2