Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:202
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 202
Character Range: 298957–300456

202  Duties of persons conducting businesses or undertakings that install, construct or commission structures
 (1) This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions a structure that is to be used, or could reasonably be expected to be used, as or at, a workplace.
 (2) The person must ensure that the structure is installed, constructed or commissioned having regard to:
 (a) the information provided by the designer, manufacturer, importer or supplier of the structure under the Act and these Regulations; or
 (b) the instructions provided by a competent person to the extent that those instructions relate to health and safety.
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.

Division 7—General duties of persons conducting a business or undertaking involving the management or control of plant
Note: A person with management or control of plant at a workplace is the person conducting a business or undertaking at the 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.

Subdivision 1—Management of risks