Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:213
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 213
Character Range: 314256–315566

213  Maintenance and inspection of plant
 (1) The person with management or control of plant at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the plant is carried out by a competent person.
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 G monetary penalty.
 (2) The maintenance, inspection and testing must be carried out:
 (a) in accordance with the manufacturer's recommendations, if any; or
 (b) if there are no manufacturer's recommendations, in accordance with the recommendations of a competent person; or
 (c) in relation to inspection, if it is not reasonably practicable to comply with paragraph (a) or (b), annually.

Subdivision 3—Additional control measures for certain plant
Note: 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.