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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 6 January 2017 to date (accessed 30 April 2017 at 07:31)
Part 4
Part 4 Authorisations
40   Meaning of “authorised”
In this Part, authorised means authorised by a licence, permit, registration or other authority (however described) as required by the regulations.
41   Requirements for authorisation of workplaces
A person must not conduct a business or undertaking at a workplace or direct or allow a worker to carry out work at a workplace if:
(a)  the regulations require the workplace or workplaces in that class of workplace to be authorised, and
(b)  the workplace is not authorised in accordance with the regulations.
Maximum penalty:
(a)  in the case of an individual—$50,000, or
(b)  in the case of a body corporate—$250,000.
42   Requirements for authorisation of plant or substance
(1)  A person must not use plant or a substance at a workplace if:
(a)  the regulations require the plant or substance or its design to be authorised, and
(b)  the plant or substance or its design is not authorised in accordance with the regulations.
Maximum penalty:
(a)  in the case of an individual—$20,000, or
(b)  in the case of a body corporate—$100,000.
(2)  A person who conducts a business or undertaking must not direct or allow a worker to use the plant or substance at a workplace if:
(a)  the regulations require the plant or substance or its design to be authorised, and
(b)  the plant or substance or its design is not authorised in accordance with the regulations.
Maximum penalty:
(a)  in the case of an individual—$20,000, or
(b)  in the case of a body corporate—$100,000.
43   Requirements for authorisation of work
(1)  A person must not carry out work at a workplace if:
(a)  the regulations require the work, or class of work, to be carried out by, or on behalf of, a person who is authorised, and
(b)  the person, or the person on whose behalf the work is carried out, is not authorised in accordance with the regulations.
Maximum penalty:
(a)  in the case of an individual—$20,000, or
(b)  in the case of a body corporate—$100,000.
(2)  A person who conducts a business or undertaking must not direct or allow a worker to carry out work at a workplace if:
(a)  the regulations require the work, or class of work, to be carried out by, or on behalf of, a person who is authorised, and
(b)  the person, or the person on whose behalf the work is to be carried out, is not authorised in accordance with the regulations.
Maximum penalty:
(a)  in the case of an individual—$20,000, or
(b)  in the case of a body corporate—$100,000.
44   Requirements for prescribed qualifications or experience
(1)  A person must not carry out work at a workplace if:
(a)  the regulations require the work, or class of work, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience, and
(b)  the person does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.
Maximum penalty:
(a)  in the case of an individual—$20,000, or
(b)  in the case of a body corporate—$100,000.
(2)  A person who conducts a business or undertaking must not direct or allow a worker to carry out work at a workplace if:
(a)  the regulations require the work, or class of work, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience, and
(b)  the worker does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.
Maximum penalty:
(a)  in the case of an individual—$20,000, or
(b)  in the case of a body corporate—$100,000.
45   Requirement to comply with conditions of authorisation
A person must comply with the conditions of any authorisation given to that person under the regulations.
Maximum penalty:
(a)  in the case of an individual—$20,000, or
(b)  in the case of a body corporate—$100,000.