Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:295
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 295
Character Range: 402741–404162

295  Designer must give safety report to person who commissions design
 (1) The designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that specifies the hazards relating to the design of the structure that, so far as the designer is reasonably aware:
 (a) create a risk to the health or safety of persons who are to carry out any construction work on the structure or part; and
 (b) are associated only with the particular design and not with other designs of the same type of structure.
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) If the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report referred to in subregulation (1) in relation to that design.
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.