Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:64
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 64
Character Range: 168867–170218

64  Duty to eliminate or minimise risk
 (1) This regulation applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.
 (2) A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that:
 (a) the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or
 (b) if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space:
 (i) the need or risk is minimised so far as is reasonably practicable; and
 (ii) the space is designed with a safe means of entry and exit; and
 (iii) the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.
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 3—Duties of person conducting business or undertaking