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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 19 April 2019 at 12:16)
Chapter 5
Chapter 5 Plant and structures
Part 5.1 General duties for plant and structures
Note.
 If a jurisdiction enacts Schedule 1 of the Act, this Part will extend to plant outside the workplace as provided for in that Schedule.
Division 1 Preliminary
185   Application of Part 5.1 to plant
(1)  Subject to this clause, this Part applies to all plant.
(2)  Subject to subclause (3), this Part does not apply to plant that:
(a)  relies exclusively on manual power for its operation, and
(b)  is designed to be primarily supported by hand.
(3)  This Part applies to explosive power tools that are designed to be supported by hand.
186   Application of Part 5.1 to structures
This Part applies to structures as provided in this Part.
Division 2 Duties of persons conducting businesses or undertakings that design plant
187   Provision of information to manufacturer
A designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with:
(a)  information to enable the plant to be manufactured in accordance with the design specifications, and
(b)  if applicable, information about:
(i)  the installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant, and
(ii)  the hazards and risks associated with the use of the plant that the designer has identified, and
(iii)  testing or inspections to be carried out on the plant, and
(iv)  the systems of work and competency of operators that are necessary for the safe use of the plant, and
(v)  the emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Note.
 A designer also has duties under section 22 of the Act.
188   Hazard identified in design during manufacture
If a manufacturer of plant informs the designer of the plant that there is a hazard in the design of plant for which the designer has not provided a control measure, the designer must:
(a)  revise the information originally supplied to the manufacturer to ensure that:
(i)  the risk is eliminated so far as is reasonably practicable, or
(ii)  if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable, or
(b)  notify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this Part.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Note.
 A designer also has duties under section 22 of the Act.
189   Guarding
(1)  This clause applies if a designer of plant uses guarding as a control measure.
(2)  The designer must ensure, so far as is reasonably practicable, that the guarding designed for that purpose will prevent access to the danger point or danger area of the plant.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The designer must ensure that:
(a)  if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant—the guarding is a permanently fixed physical barrier, or
(b)  if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant—the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time, or
(c)  if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b)—the guarding used is a physical barrier that can only be altered or removed by the use of tools, or
(d)  if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c)—the design includes a presence-sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  The designer must ensure that the guarding is designed:
(a)  to be of solid construction and securely mounted so as to resist impact or shock, and
(b)  to make bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable, and
(c)  so as not to cause a risk in itself.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  If the plant to be guarded contains moving parts and those parts may break or cause workpieces to be ejected from the plant, the designer must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(6)  Despite anything to the contrary in this clause, the designer must ensure:
(a)  that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation, and
(b)  if the guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
190   Operational controls
(1)  A designer of plant must ensure that the design provides for any operator’s controls for the plant to be:
(a)  identified on the plant so as to indicate their nature and function and direction of operation, and
(b)  located so as to be readily and conveniently operated by each person using the plant, and
(c)  located or guarded to prevent unintentional activation, and
(d)  able to be locked into the “off” position to enable the disconnection of all motive power.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the designer of the plant must ensure that the design provides for operator’s controls that:
(a)  permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant, and
(b)  while the plant is being maintained or cleaned, cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant, and
(c)  will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning:
(i)  is eliminated so far as is reasonably practicable, or
(ii)  if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
191   Emergency stop controls
(1)  If plant is designed to be operated or attended by more than 1 person and more than 1 emergency stop control is fitted, the designer of the plant must ensure that the design provides for the multiple emergency stop controls to be of the “stop and lock-off” type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  If the design of the plant includes an emergency stop control for the plant, the designer of the plant must ensure that the design provides:
(a)  for the stop control to be prominent, clearly and durably marked and immediately accessible to each operator of the plant, and
(b)  for any handle, bar or push button associated with the stop control to be coloured red, and
(c)  that the stop control cannot be adversely affected by electrical or electronic circuit malfunction.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
192   Warning devices
(1)  This clause applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.
(2)  The designer of the plant must ensure that the design provides for the device to be positioned on the plant to ensure the device will work to best effect.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Division 3 Duties of persons conducting businesses or undertakings that manufacture plant
193   Control of risk
(1)  A manufacturer of plant must ensure the following:
(a)  that the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and this Regulation,
(b)  if the information provided to the manufacturer by the designer of the plant under the Act and this Regulation requires the plant to be tested—that the plant is tested in accordance with that information,
(c)  if, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure:
(i)  that the hazard is not incorporated into the manufacture of the plant, and
(ii)  that the designer of the plant is given written notice of the hazard as soon as practicable, and
(iii)  that all reasonable steps are taken to consult with the designer of the plant in relation to the alteration of the design to rectify the hazard.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A manufacturer of plant must ensure that, if it is not possible to inform the designer about the hazard in accordance with subclause (1):
(a)  the risk is eliminated, so far as is reasonably practicable, or
(b)  if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.
Note.
 WHS Act—section 23 (see clause 9).
(3)  A manufacturer to whom subclause (1) (c) applies must not manufacture the plant until:
(a)  the designer gives the manufacturer the revised information or written instruction under clause 188, or
(b)  the manufacturer eliminates or minimises the risk under subclause (2).
Note.
 WHS Act—section 23 (see clause 9).
(4)  If the designer notifies a manufacturer of plant under clause 188, the manufacturer may proceed in accordance with the designer’s original information.
194   Guarding
(1)  A manufacturer of plant must ensure that guarding used as a control measure is of solid construction and securely mounted so as to resist impact or shock.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A manufacturer of plant must ensure:
(a)  that any guarding used as a control measure in relation to plant is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation, and
(b)  if the guarding is removed—that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
195   Information must be obtained and provided
A manufacturer of plant must:
(a)  take all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under section 22 (4) (a) and (c) of the Act and clauses 187 and 188, and
(b)  ensure that a person to whom the manufacturer supplies the plant is, at the time of supply, provided with the information provided to the manufacturer by the designer under section 22 (4) (a) and (c) of the Act and clause 187, and
(c)  if the manufacturer acts in accordance with clause 193 (1) (c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under sections 22 (4) (a) and (c) of the Act and clause 188.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Division 4 Duties of persons conducting businesses or undertakings that import plant
196   Information to be obtained and provided by importer
An importer of plant must:
(a)  take all reasonable steps to obtain:
(i)  the information that would be required to be provided by a manufacturer under section 23 (4) (a) and (c) of the Act, and
(ii)  the information that would be required to be provided by the designer of the plant to the manufacturer under clauses 187 and 188, and
(b)  give that information to any person to whom the importer supplies the plant.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
197   Control of risk
An importer of plant must:
(a)  ensure that the plant is inspected having regard to the information provided by the manufacturer, and
(b)  if the information provided by the manufacturer requires the plant to be tested—ensure that the plant is tested in accordance with that information, and
(c)  if any hazards are identified:
(i)  ensure that the plant is not supplied until the risks have been eliminated so far as is reasonably practicable, and
(ii)  if it is not reasonably practicable to eliminate the risks, inform the person to whom the plant is supplied about the risks, and
(d)  take all reasonable steps to ensure that the designer and manufacturer of the plant are consulted in relation to any alteration made to the plant to control the risk.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Division 5 Duties of persons conducting businesses or undertakings that supply plant
198   Information to be obtained and provided by supplier
A supplier of plant must:
(a)  take all reasonable steps to obtain the information required to be provided by the manufacturer under section 23 (4) (a) and (c) of the Act and this Regulation, and
(b)  ensure that, when the plant is supplied, the person to whom the plant is supplied is given the information obtained by the supplier under paragraph (a).
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
199   Supply of second-hand plant—duties of supplier
(1)  A supplier of second-hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A supplier of second-hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice:
(a)  of the condition of the plant, and
(b)  of any faults identified under subclause (1), and
(c)  if appropriate, that the plant should not be used until the faults are rectified.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  This clause does not apply to plant to be used for scrap or spare parts.
200   Second-hand plant to be used for scrap or spare parts
A supplier of plant to be used for scrap or spare parts must, before the plant is supplied, inform the person to whom the plant is supplied, either in writing or by marking the plant, that the plant is being supplied for scrap or spare parts and that the plant in its current form is not to be used as plant.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Division 6 Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures
201   Duties of persons conducting businesses or undertakings that install, construct or commission plant
(1)  This clause applies to a person who conducts a business or undertaking that installs, constructs or commissions plant 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 plant is installed, constructed or commissioned having regard to:
(a)  the information provided by the designer, manufacturer, importer or supplier of the plant under the Act and this Regulation, or
(b)  the instructions provided by a competent person to the extent that those instructions relate to health and safety.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
202   Duties of persons conducting businesses or undertakings that install, construct or commission structures
(1)  This clause 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 this Regulation, or
(b)  the instructions provided by a competent person to the extent that those instructions relate to health and safety.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Division 7 General duties of a person 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 clause 5 (1) and section 21 of the Act.
Subdivision 1 Management of risks
203   Management of risks to health and safety
A person with management or control of plant at a workplace must manage risks to health and safety associated with plant, in accordance with Part 3.1.
Note.
 WHS Act—section 21 (see clause 9).
Subdivision 2 Additional control measures for general plant
204   Control of risks arising from installation or commissioning
(1)  A person with management or control of plant at a workplace must not commission the plant unless the person has established that the plant is, so far as is reasonably practicable, without risks to the health and safety of any person.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A person with management or control of plant at a workplace must not decommission or dismantle the plant unless the decommissioning or dismantling can be carried out, so far as is reasonably practicable, without risks to the health and safety of any person.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is a competent person.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is provided with the available information for eliminating or minimising risks to health or safety.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  A person with management or control of plant at a workplace must ensure that the processes for the installation, construction, commissioning, decommissioning and dismantling of plant include inspections that ensure, so far as is reasonably practicable, that risks associated with these activities are monitored.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
205   Preventing unauthorised alterations to or interference with plant
The person with management or control of plant at a workplace must, so far as is reasonably practicable, prevent alterations to or interference with the plant that are not authorised by the person.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
206   Proper use of plant and controls
(1)  The person with management or control of plant at a workplace must take all reasonable steps to ensure that plant is used only for the purpose for which it was designed, unless the person has determined that the proposed use does not increase the risk to health or safety.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  In determining whether or not a proposed use of plant increases the risk to health or safety, the person with management or control of the plant must ensure that the risk associated with the proposed use is assessed by a competent person.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person with management or control of plant at a workplace must take all reasonable steps to ensure that all health and safety features and warning devices (including guarding, operational controls, emergency stops and warning devices) are used in accordance with the instructions and information provided by that person under clause 39.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
207   Plant not in use
The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that plant that is not in use is left in a state that does not create a risk to the health or safety of any person.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
208   Guarding
(1)  This clause applies if guarding is used as a control measure in relation to plant at a workplace.
(2)  The person with management or control of the plant must ensure that:
(a)  if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant, the guarding is a permanently fixed physical barrier, or
(b)  if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant, the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time, or
(c)  if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b), the guarding used is a physical barrier that can only be altered or removed by the use of tools, or
(d)  if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c), the guarding includes a presence-sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person with management or control of the plant must ensure that the guarding:
(a)  is of solid construction and securely mounted so as to resist impact or shock, and
(b)  makes bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable, and
(c)  does not create a risk in itself, and
(d)  is properly maintained.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  If the plant to be guarded contains moving parts that may break or cause workpieces to be ejected from the plant, the person with management or control of the plant must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  Despite anything to the contrary in this clause, the person with management or control of the plant must ensure:
(a)  that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation, and
(b)  if guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
209   Guarding and insulation from heat and cold
The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that any pipe or other part of the plant associated with heat or cold is guarded or insulated so that the plant is without risks to the health and safety of any person.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
210   Operational controls
(1)  The person with management or control of plant at a workplace must ensure that any operator’s controls are:
(a)  identified on the plant so as to indicate their nature and function and direction of operation, and
(b)  located so as to be readily and conveniently operated by each person using the plant, and
(c)  located or guarded to prevent unintentional activation, and
(d)  able to be locked into the “off” position to enable the disconnection of all motive power.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the person with management or control of the plant at a workplace must ensure that the operator’s controls:
(a)  permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant, and
(b)  while the plant is being maintained or cleaned, either:
(i)  cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant, or
(ii)  if subparagraph (i) cannot be complied with because the plant must be operated by a person other than the person who is carrying out the maintenance or cleaning of the plant, cannot be operated except by a person authorised by the person with management or control of the plant for that purpose, and
(c)  will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning:
(i)  is eliminated so far as is reasonably practicable, or
(ii)  if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
211   Emergency stops
(1)  If plant at a workplace is designed to be operated or attended by more than 1 person and more than 1 emergency stop control is fitted, the person with management or control of plant at the workplace must ensure that the multiple emergency stop controls are of the “stop and lock off” type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  If the design of plant at a workplace includes an emergency stop control, the person with management or control of the plant at the workplace must ensure that:
(a)  the stop control is prominent, clearly and durably marked and immediately accessible to each operator of the plant, and
(b)  any handle, bar or push button associated with the stop control is coloured red, and
(c)  the stop control cannot be adversely affected by electrical or electronic circuit malfunction.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
212   Warning devices
(1)  This clause applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.
(2)  The person with management or control of the plant must ensure that the device is positioned on the plant to ensure that the device will work to best effect.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
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.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(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 clause 5 (1) and section 21 of the Act.
214   Powered mobile plant—general control of risk
The person with management or control of powered mobile plant at a workplace must in accordance with Part 3.1, manage risks to health and safety associated with the following:
(a)  the plant overturning,
(b)  things falling on the operator of the plant,
(c)  the operator being ejected from the plant,
(d)  the plant colliding with any person or thing,
(e)  mechanical failure of pressurised elements of plant that may release fluids that pose a risk to health and safety.
Note.
 WHS Act—section 21 (see clause 9).
215   Powered mobile plant—specific control measures
(1)  This clause applies to a person with management or control of powered mobile plant at a workplace.
(2)  The person must ensure, so far as is reasonably practicable, that a suitable combination of operator protective devices for the plant is provided, maintained and used.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person must ensure, so far as is reasonably practicable, that no person other than the operator rides on the plant unless the person is provided with a level of protection that is equivalent to that provided to the operator.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  The person must ensure that the plant does not collide with pedestrians or other powered mobile plant.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  Without limiting subclause (4), if there is a possibility of the plant colliding with pedestrians or other powered mobile plant, the person must ensure that the plant has a warning device that will warn persons who may be at risk from the movement of the plant.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
216   Roll-over protection on tractors
(1)  The person with management or control of a tractor at a workplace must ensure that the tractor is not used unless it is securely fitted with a roll-over protective structure.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  If a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll-over protective structure, the structure may be lowered or removed for the period during which the tractor is used in such a situation (but only if other measures to minimise the risk of roll-over are in place).
(3)  This clause does not apply if the tractor is:
(a)  installed in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant, or
(b)  a tractor with a mass of less than 560 kilograms or a mass of 15,000 kilograms or more, or
(c)  being used for a historical purpose or activity.
(4)  In this clause:
historical purpose or activity, in relation to the use of a tractor, includes an activity ancillary to a historical activity.
Examples.
 
1   
Historical activity: a historical display, parade, demonstration or re-enactment.
2   
Activity ancillary to a historical activity: restoring, maintaining, modifying or housing a tractor used, or to be used, for a historical activity.
roll-over protective structure means a structure designed to protect a tractor operator from injury if the tractor rolls over in any direction.
Note.
 Clauses 214 and 215 also apply to a tractor.
217   (Repealed)
218   Industrial lift trucks
(1)  The person with management or control of an industrial lift truck at a workplace must ensure that the truck is:
(a)  equipped with lifting attachments that are suitable for the load to be lifted or moved by the truck, and
(b)  operated in a manner that ensures that the risks to the operator of the truck and other persons at or near the workplace that arise from systems of work and the environment in which the truck is used:
(i)  are eliminated so far as is reasonably practicable, or
(ii)  if it is not reasonably practicable to eliminate the risks, are minimised so far as is reasonably practicable.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  The person with management or control of an industrial lift truck at a workplace must ensure that the truck is not used to carry a passenger unless:
(a)  the truck is designed to carry a seated passenger, and
(b)  the passenger seat is:
(i)  fitted with suitable seat restraints, and
(ii)  located within the zone of protection that is provided by the operator protective device required to be fitted to the industrial lift truck.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person with management or control of an industrial lift truck at a workplace must take all reasonable steps to ensure that a passenger in an industrial lift truck is seated in a seat that complies with subclause (2) (b).
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Note.
 Clauses 214 and 215 also apply to an industrial lift truck.
219   Plant that lifts or suspends loads
(1)  This clause applies in relation to plant that is used to lift or suspend persons or things.
(2)  The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that the plant used is specifically designed to lift or suspend the load.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  If it is not reasonably practicable to use plant that is specifically designed to lift or suspend the load, the person must ensure that:
(a)  the plant does not cause a greater risk to health and safety than if specifically designed plant were used, and
(b)  if the plant is lifting or suspending persons, the use of the plant complies with clause 220.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  The person must ensure that the lifting and suspending is carried out:
(a)  with lifting attachments that are suitable for the load being lifted or suspended, and
(b)  within the safe working limits of the plant.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  The person must ensure, so far as is reasonably practicable, that no loads are suspended or travel over a person unless the plant is specifically designed for that purpose.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(6)  The person must ensure, so far as is reasonably practicable, that loads are lifted or suspended in a way that ensures that the load remains under control during the activity.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(7)  The person must ensure, so far as is reasonably practicable, that no load is lifted simultaneously by more than 1 item of plant unless the method of lifting ensures that the load placed on each item of plant does not exceed the design capacity of the plant.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
220   Exception—plant not specifically designed to lift or suspend a person
(1)  For the purposes of clause 219 (3) (b), the person with management or control of the plant at a workplace must ensure that:
(a)  the persons are lifted or suspended in a work box that is securely attached to the plant, and
(b)  the persons in the work box remain substantially within the work box while they are being lifted or suspended, and
(c)  if there is a risk of a person falling from a height, a safety harness is provided and worn by the person in order to prevent, so far as is reasonably practicable, injury to the person as a result of the fall, and
(d)  means are provided by which the persons being lifted or suspended can safely exit from the plant in the event of a failure in its normal operation.
(2)  This clause does not apply to plant used in connection with:
(a)  the performance of stunt work, or
(b)  the performance of acrobatics, or
(c)  theatrical performances.
Note.
 Part 4.4 (except clause 79) applies to the matters in subclause (2).
221   Plant used in connection with tree lopping
(1)  Clause 220 (1) (a) and (b) do not apply in connection with tree lopping if:
(a)  a risk assessment shows that lifting or suspending a person in a harness with a crane to place the person in a tree to carry out tree lopping does not create a greater risk to health or safety than using plant specifically designed to lift a person or climbing a tree, and
(b)  the tree lopping is carried out by a person who is a competent person in the use of the harness referred to in paragraph (a), and
(c)  a crane is used to put the competent person in the tree to lop it, and
(d)  the crane has safety mechanisms that would prevent the competent person from inadvertently falling, and
(e)  while attached to the crane, the competent person is in visual, audio or radio communication with the crane operator.
(2)  In this clause, harness means a work positioning harness that is designed and certified, in accordance with AS/NZS 1891.1:2007 (Industrial fall-arrest systems—Harnesses and ancillary equipment), for the purpose of lifting and suspending a person.
222   Industrial robots
(1)  This clause applies to a person with management or control of an industrial robot or other remotely or automatically energised plant at a workplace.
(2)  The person must not direct or allow a worker to work in the immediate vicinity of the plant if it could start without warning and cause a hazard, unless suitable control measures are in place to control the risks to health and safety.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  If the remote or automatic energising of the plant could lead to risks to health and safety, the person must ensure that access to the area in the immediate vicinity of the plant is controlled at all times:
(a)  by isolating the area, or
(b)  by:
(i)  providing interlocked guards, or
(ii)  if a risk remains, providing presence-sensing devices, or
(iii)  if a risk then remains, providing permit to work systems.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
223   Lasers
(1)  This clause applies to the person with management or control, at a workplace, of laser equipment that may create a risk to health and safety.
(2)  The person must ensure that laser equipment intended for use on plant is designed, constructed and installed so as to prevent accidental irradiation of any person.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person must ensure that laser equipment on plant is protected so that any operator of the plant or other person is not exposed to direct radiation, radiation produced by reflection or diffusion or secondary radiation.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  The person must ensure that the visual equipment used for the observation or adjustment of laser equipment on plant does not create a risk to health or safety from laser rays.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  The person must ensure that the workers operating the laser equipment are trained in the proper operation of the equipment.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(6)  The person must ensure that Class 3B and Class 4 lasers (within the meaning of AS 2397:1993Safe use of lasers in the building and construction industry) are not used in construction work.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
224   Pressure equipment
(1)  The person with management or control of pressure equipment at a workplace must ensure that:
(a)  the equipment is inspected on a regular basis by a competent person, and
(b)  any gas cylinder that is inspected is marked with a current inspection mark showing the date of the most recent inspection.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(2)  The person with management or control of gas cylinders at a workplace that is a gas cylinder filling station must ensure that:
(a)  a gas cylinder is not filled with gas unless it bears a current inspection mark, and
(b)  a gas cylinder is only filled with gas for which that cylinder is designed.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
225   Scaffolds
(1)  This clause applies in relation to:
(a)  a suspended scaffold, and
(b)  a cantilevered scaffold, and
(c)  a spur scaffold, and
(d)  a hung scaffold, and
(e)  any other scaffold from which a person or thing could fall more than 4 metres.
(2)  The person with management or control of a scaffold at a workplace must ensure that the scaffold is not used unless the person receives written confirmation from a competent person, who has inspected the scaffold, that construction of the scaffold has been completed.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person with management or control of a scaffold at a workplace must ensure that the scaffold and its supporting structure are inspected by a competent person:
(a)  before use of the scaffold is resumed after an incident occurs that may reasonably be expected to affect the stability of the scaffold, and
(b)  before use of the scaffold is resumed after repairs, and
(c)  at least every 30 days.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  If an inspection indicates that a scaffold at a workplace or its supporting structure creates a risk to health or safety, the person with management or control of the scaffold must ensure that:
(a)  any necessary repairs, alterations and additions are made or carried out, and
(b)  the scaffold and its supporting structure are inspected again by a competent person before use of the scaffold is resumed.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  The person with management or control of a scaffold at a workplace must ensure that unauthorised access to the scaffold is prevented while the scaffold is incomplete or unattended.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Example.
 Danger tags and other warning signs.
226   Plant with presence-sensing safeguarding system—records
(1)  The person with management or control of plant with a presence-sensing safeguarding system at a workplace must keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subclause (2).
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  The record must be kept for:
(a)  5 years unless paragraph (b) applies, or
(b)  the life of the plant or until the person relinquishes control of the plant if the plant is registered plant or has been altered.
(3)  The person must keep the record available for inspection under the Act.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(4)  The person must make the record available to any person to whom the person relinquishes control of the plant.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
Part 5.2 Additional duties relating to registered plant and plant designs
Notes.
 
1   
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 clause 5 (1) and section 21 of the Act.
2   
This Part applies in addition to Part 5.1.
3   
In this Part, plant includes a structure (see definition of plant in clause 5 (1)).
Division 1 Application of Part 5.2
227   Application of Part 5.2
This Part applies to:
(a)  plant that is required to be registered under Part 5.3, or
(b)  plant the design of which is required to be registered under Part 5.3.
Division 2 Duty of person conducting a business or undertaking who designs plant to record plant design
228   Records and information
If the design of plant is required to be registered under Part 5.3, the designer of that plant must make a record that contains:
(a)  the method used to determine the control measures for the plant and the control measures that result from that determination, and
(b)  a copy of the information provided to a manufacturer under section 22 of the Act in relation to that plant, and
(c)  a copy of the information provided to a manufacturer under clause 187 in relation to that plant, and
(d)  if applicable, a copy of the information provided to a manufacturer under clause 188 in relation to that plant.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
229   Record of standards or engineering principles used
(1)  If the design of plant is required to be registered under Part 5.3, the designer of the plant must record any published technical standard, including any part of a published technical standard, that was used to design the plant.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  If the designer of the plant has not used published technical standards to design the plant, the designer must record any engineering principles used to design the plant.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
230   Records to be available for inspection
(1)  A designer of plant must ensure that the records made under clauses 228 and 229 are kept available for inspection under the Act.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  A designer of plant must ensure that the records made under clauses 228 and 229 are made available for inspection by the design verifier of the plant design.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(3)  A designer of plant must keep the records made under clauses 228 and 229 for the design life of the plant.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
Division 3 Duties of a person conducting a business or undertaking
231   Duty of persons conducting businesses or undertakings that manufacture plant
A manufacturer must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Part 5.3.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
232   Duty of persons conducting businesses or undertakings that import plant
An importer must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Part 5.3.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
233   Duty of persons conducting businesses or undertakings that supply plant
A supplier must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Part 5.3.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
234   Duty of persons conducting businesses or undertakings that commission plant
(1)  This clause applies to a person who conducts a business or undertaking that commissions plant.
(2)  The person must not commission an item of plant that is specified in Part 2 of Schedule 5 for use in a workplace unless that item of plant is registered under Part 5.3.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  Nothing in subclause (2) prevents a person from performing any necessary adjustments, tests or inspections as part of the commissioning process before the plant is commissioned at a workplace.
Division 4 Duties of a person conducting a business or undertaking involving the management or control of plant
Subdivision 1 Control measures for registered plant
235   Major inspection of registered mobile cranes and tower cranes
(1)  This clause applies to the person with management or control of a registered mobile crane or tower crane at a workplace.
(2)  The person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person:
(a)  at the end of the design life recommended by the manufacturer for the crane, or
(b)  if there are no manufacturer’s recommendations—in accordance with the recommendations of a competent person, or
(c)  if it is not reasonably practicable to comply with paragraph (a) or (b)—every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(3)  A major inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be a major inspection for the purposes of this clause.
(4)  In this clause, a competent person is a person who:
(a)  complies with both of the following:
(i)  has acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the plant, and
(ii)  is:
(A)  registered under a law that provides for the registration of professional engineers, or
(B)  a member (or is qualified to be a member) of Engineers Australia with the status of Chartered Professional Engineer, or
(C)  entered on the National Professional Engineers Register administered by the Institution of Engineers Australia.
(b)  is determined by the regulator to be a competent person.
(5)  The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subclause (4) (b) if the regulator considers that exceptional circumstances exist.
(6)  In this clause, major inspection means:
(a)  an examination of all critical components of the crane, if necessary by stripping down the crane and removing paint, grease and corrosion to allow a thorough examination of each critical component, and
(b)  a check of the effective and safe operation of the crane.
236   Lifts
(1)  The person with management or control of a lift at a workplace (including a person with management or control of maintenance of a lift) must ensure that:
(a)  if there is a risk of a person falling down a lift well:
(i)  secure barriers are provided to prevent access to openings into the lift well by someone other than a person who is performing work in the lift well, and
(ii)  secure working platforms or equivalent arrangements are provided for a person who is working in the lift well to prevent a fall from height, and
(b)  if there is a risk to a person working in a lift well from objects falling onto that person—a secure barrier is provided to prevent, so far as is reasonably practicable, falling objects from striking the person or otherwise causing a risk.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(2)  The person must ensure that there is a safe means of entry to and exit from the base of the lift well.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(3)  The person must ensure that there is fixed, in a prominent place in the lift, a sign that states the safe working load specified in the design of the lift.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
237   Records of plant
(1)  This clause applies in relation to plant that is required to be registered under Part 5.3.
(2)  The person with management or control of the plant at a workplace must keep a record of all tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subclause (3).
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(3)  The record must be kept for the period that the plant is used or until the person relinquishes control of the plant.
(4)  The person must keep the record available for inspection under the Act.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(5)  The person must make the record available to any person to whom the person relinquishes control of the plant.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
Subdivision 2 Control measures for amusement devices and passenger ropeways
238   Operation of amusement devices and passenger ropeways
(1)  The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is operated only by a person who has been provided with instruction and training in its proper operation.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that:
(a)  the amusement device or passenger ropeway is checked before it is operated on each day on which it is to be operated, and
(b)  the amusement device or passenger ropeway is operated without passengers before it is operated with passengers on each day on which it is to be operated, and
(c)  the daily checks and operation of the amusement device or passenger ropeway without passengers are properly and accurately recorded in a log book for the device or ropeway.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
239   Storage of amusement devices and passenger ropeways
(1)  The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is stored so as to be without risk to health and safety.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(2)  The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that a person who stores the device or ropeway is a competent person or is under the supervision of a competent person.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
240   Maintenance, inspection and testing of amusement devices and passenger ropeways
(1)  The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the device or ropeway is carried out:
(a)  by a competent person, and
(b)  in accordance with:
(i)  the recommendations of the designer or manufacturer or designer and manufacturer, or
(ii)  if a maintenance manual for the device or ropeway has been prepared by a competent person, the requirements of the maintenance manual.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A person is not a competent person to carry out a detailed inspection of an amusement device or passenger ropeway that includes an electrical installation unless the person is qualified, or is assisted by a person who is qualified, to inspect electrical installations.
241   Annual inspection of amusement devices and passenger ropeways
(1)  The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that a detailed inspection of the device or ropeway is carried out at least once every 12 months by a competent person.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  An annual inspection must include the following:
(a)  a check of information about the operational history of the amusement device or passenger ropeway since the last detailed inspection,
(b)  a check of the log book for the amusement device or passenger ropeway,
(c)  a check that maintenance and inspections of the amusement device or passenger ropeway have been undertaken under clause 240,
(d)  a check that any required tests have been carried out, and that appropriate records have been maintained,
(e)  a detailed inspection of the amusement device or passenger ropeway to ensure compliance with the Act and this Regulation (including a specific inspection of the critical components of the amusement device or passenger ropeway).
(3)  The regulator may extend the date for an inspection by up to 35 days if an inspection is scheduled to coincide with the same event each year.
(4)  If the date is extended under subclause (3), the new date is the date from which future annual inspections of the amusement device or passenger ropeway are determined.
(5)  In this clause, a competent person is a person who:
(a)  in the case of an inflatable device (continuously blown) with a platform height less than 9 metres—has acquired through training, qualification or experience the knowledge and skills to inspect the device, or
(b)  in the case of any other amusement device or a passenger ropeway:
(i)  has acquired through training, qualification or experience the knowledge and skills to inspect the plant, and
(ii)  is:
(A)  registered under a law that provides for the registration of professional engineers, or
(B)  a member (or is qualified to be a member) of Engineers Australia with the status of Chartered Professional Engineer, or
(C)  entered on the National Professional Engineers Register administered by the Institution of Engineers Australia, or
(c)  in the case of any amusement device or passenger ropeway—is determined by the regulator to be a competent person.
(6)  The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subclause (5) (c) if the regulator considers that exceptional circumstances exist.
(7)  An annual inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be an annual inspection for the purposes of this clause.
242   Log book and manuals for amusement devices
(1)  The person with management or control of an amusement device at a workplace, in addition to complying with the record-keeping requirements of clause 237, must ensure that:
(a)  details of the erection or storage of the amusement device (including the date of erection) are recorded in the log book for the amusement device on each occasion on which it is erected or stored, and
(b)  the log book and operating and maintenance manuals for the amusement device are kept with the amusement device.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  The person with management or control of an amusement device at a workplace must ensure that persons involved in the commissioning, installation, use, storage and testing, and the decommissioning, dismantling and disposal, of an amusement device are given:
(a)  the log book for the amusement device in which details concerning erection, storage, operation and maintenance of the amusement device are recorded, and
(b)  the operating and maintenance manuals for the amusement device.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
Note.
 Clause 237 (5) requires the person with management or control of the amusement device to give the log book and maintenance records to the person being supplied with the plant.
Part 5.3 Registration of plant designs and items of plant
Note.
 In this Part, plant includes a structure (see definition of plant in clause 5 (1)).
Division 1 Plant designs to be registered
243   Plant design to be registered
The design of an item of plant specified in Part 1 of Schedule 5 must be registered under this Part.
Note.
 See section 42 of the Act.
244   Altered plant designs to be registered
(1)  If the design of an item of plant specified in Part 1 of Schedule 5 that is registered under this Part is altered, the altered design must be registered under this Part.
Note.
 See section 42 of the Act.
(2)  In this clause a reference to the alteration of a design is a reference to an alteration that may affect health or safety.
(3)  This clause does not apply in relation to a tower crane or a gantry crane if:
(a)  the crane is relocated for use in a different workplace, and
(b)  the design of the supporting structure or foundations of the crane is altered in accordance with a site-specific design prepared for the purpose of the safe operation of the crane at the new location, and
(c)  the design of the crane is not altered in any other way.
245   Recognition of designs registered by corresponding regulator
(1)  A design of an item of plant is not required to be registered under this Part if the design is registered under a corresponding WHS law.
(2)  A design referred to in subclause (1) that is altered is not required to be registered under this Part if the altered design is registered by the corresponding regulator that registered the original design.
Division 2 Items of plant to be registered
246   Items of plant to be registered
(1)  An item of plant specified in Part 2 of Schedule 5 must be registered under this Part.
Note.
 See section 42 of the Act.
(2)  The purpose of registering an item of plant is to ensure that it is inspected by a competent person and is safe to operate.
247   Recognition of plant registered by corresponding regulator
An item of plant is not required to be registered under this Part if the plant is registered under a corresponding WHS law.
Division 3 Registration process for plant designs
248   Application of Division 3
This Division applies to the registration of a design of an item of plant specified in Part 1 of Schedule 5.
249   Who can apply to register a plant design
(1)  A person conducting a business or undertaking that designs an item of plant may apply to the regulator for the registration of the design of that item of plant.
(2)  A person with management or control of an item of plant may apply to the regulator for the registration of the design of that item of plant.
250   Application for registration
(1)  An application for registration of the design of an item of plant must be made in the manner and form required by the regulator.
(2)  The application must include the following information:
(a)  the applicant’s name,
(b)  whether or not the applicant is a body corporate,
(c)  if the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name,
(d)  any other evidence of the applicant’s identity required by the regulator,
(e)  a statement signed by the designer of the item of plant:
(i)  stating that the designer has complied with the designer’s obligations under section 22 of the Act in relation to the design, and
(ii)  specifying the published technical standards and engineering principles used in the design, and
(f)  a design verification statement that accords with clause 251,
(g)  representational drawings of the design,
(h)  a declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.
Note.
 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(3)  Any drawings or other documents provided with the application must be capable of being kept in an electronic form.
(4)  The application must be accompanied by the relevant fee.
251   Design verification statement
The design verification statement must:
(a)  be written and signed by a person who is eligible to be a design verifier for the design, and
(b)  state that the design was produced in accordance with published technical standards or engineering principles specified in the statement, and
(c)  include:
(i)  the name, business address and qualifications (if applicable) of the design verifier, and
(ii)  if applicable, the name and business address of the organisation for which the design verifier works.
252   Who can be the design verifier
(1)  A person is eligible to be a design verifier for the design of an item of plant if the person is a competent person.
(2)  Despite subclause (1), a person is not eligible to be a design verifier for the design of an item of plant if the person was involved in the production of the design.
(3)    (Repealed)
253   Duty of design verifier
A design verifier of the design of an item of plant specified in Part 1 of Schedule 5 must document the design verification process carried out by that person and the results of that process.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
254   Design verification statements not to be made in certain circumstances
A person must not make a design verification statement for the design of an item of plant specified in Part 1 of Schedule 5 if the person:
(a)  is not eligible to be a design verifier for that design, or
(b)  has not carried out a verification of the design.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
255   Additional information
(1)  If an application for registration of a design of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information.
(2)  A request for additional information must:
(a)  specify the date (not being less than 28 days after the request) by which the additional information is to be given, and
(b)  be confirmed in writing.
(3)  If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.
(4)  The regulator may make more than 1 request for additional information under this clause.
256   Decision on application
(1)  Subject to subclause (3), the regulator must grant the registration if satisfied about the matters referred to in subclause (2).
(2)  The regulator must be satisfied about the following:
(a)  the application has been made in accordance with this Division,
(b)  the design is not registered under a corresponding WHS law,
(c)  if the applicant is an individual, the applicant:
(i)  resides in this jurisdiction, or
(ii)  resides outside this jurisdiction and circumstances exist that justify the grant of the registration,
(d)  if the applicant is a body corporate, the applicant’s registered office:
(i)  is located in this jurisdiction, or
(ii)  is located outside this jurisdiction and circumstances exist that justify the grant of the registration,
(e)  the applicant is able to ensure compliance with any conditions that will apply to the registration.
(3)  The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has:
(a)  given information that is false or misleading in a material particular, or
(b)  failed to give any material information that should have been given.
(4)  If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.
(5)  If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under clause 255, the regulator is taken to have refused to grant the registration applied for.
Note.
 A refusal to grant a registration (including under subclause (5)) is a reviewable decision (see clause 676).
257   Refusal of registration—process
(1)  If the regulator proposes to refuse to grant a registration, the regulator must give the applicant a written notice:
(a)  informing the applicant of the reasons for the proposed refusal, and
(b)  advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.
(2)  After the date specified in a notice under subclause (1), the regulator must:
(a)  if the applicant has made a submission in relation to the proposed refusal to grant the registration—consider that submission, and
(b)  whether or not the applicant has made a submission—decide whether to grant or refuse to grant the registration, and
(c)  within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.
Note.
 A refusal to grant a registration is a reviewable decision (see clause 676).
258   Conditions of registration
(1)  The regulator may impose any conditions it considers appropriate on the registration of a plant design.
(2)  Without limiting subclause (1), the regulator may impose conditions in relation to 1 or more of the following:
(a)  the use and maintenance of plant manufactured to the design,
(b)  the recording or keeping of information,
(c)  the provision of information to the regulator.
Notes.
 
1   
A person must comply with the conditions of registration (see section 45 of the Act).
2   
A decision to impose a condition on a registration is a reviewable decision (see clause 676).
259   Duration of registration of plant design
A registration of a plant design takes effect on the day it is granted and is granted for an unlimited duration.
260   Plant design registration number
(1)  This clause applies if the regulator registers a design of an item of plant.
(2)  The regulator must issue a plant design registration number for the design to the applicant.
(3)  The person to whom the plant design registration number is issued must give the registration number to the manufacturer, importer or supplier of plant manufactured to that design.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(4)  The manufacturer, supplier or importer of plant to whom a plant design registration number is given under this clause must give that number to the person with management or control of the plant:
(a)  manufactured to that design, or
(b)  supplied to that person by the manufacturer, supplier or importer.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(5)  The person with management or control of plant at a workplace for which a plant design is registered must ensure that the design registration number is kept readily accessible in the vicinity of the plant at all times.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
261   Registration document
(1)  If the regulator registers a design of an item of plant, the regulator must issue to the applicant a registration document in the form determined by the regulator.
(2)  The registration document must include the following:
(a)  the name of the registration holder,
(b)  if the registration holder conducts the business or undertaking under a business name, that business name,
(c)  the registration number of the plant design,
(d)  any conditions imposed on the registration by the regulator,
(e)  the date on which the registration was granted.
262   Registration document to be available
(1)  A registration holder must keep the registration document available for inspection under the Act.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  Subclause (1) does not apply if the registration document is not in the registration holder’s possession because:
(a)  it has been returned to the regulator under clause 287, or
(b)  the registration holder has applied for, but has not received, a replacement registration document under clause 288.
263   Disclosure of design information
(1)  Subject to this clause, the regulator must not disclose to any person any confidential information provided by an applicant for registration of a design of an item of plant.
(2)  The regulator may disclose information about a plant design in either of the following circumstances:
(a)  to a corresponding regulator or an authorised officer of a corresponding regulator, at the request of the corresponding regulator,
(b)  to any person authorised by the applicant for the registration of the design.
(3)  The regulator may give a copy of the design verification statement to:
(a)  workers engaged by the person with management or control at a workplace of plant manufactured to the design, or
(b)  a health and safety representative of those workers.
(4)  The regulator may provide the person with management or control of plant with the minimum information about the plant design that is necessary for the safe operation of the plant if the registration holder for the design of the plant cannot be located or no longer exists.
Division 4 Registration process for an item of plant
264   Application of Division 4
This Division applies in relation to the registration of an item of plant specified in Part 2 of Schedule 5 as requiring registration.
265   Who can apply to register an item of plant
A person with management or control of an item of plant may apply to the regulator for the registration of that item of plant.
266   Application for registration
(1)  An application for registration of an item of plant must be made in the manner and form required by the regulator.
(2)  The application must include the following information:
(a)  the applicant’s name,
(b)  whether or not the applicant is a body corporate,
(c)  if the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name,
(d)  any other evidence of the applicant’s identity required by the regulator,
(e)  sufficient information to clearly identify the item of plant,
(f)    (Repealed)
(g)  if the design of the item of plant was also required to be registered under this Part, details of:
(i)  the plant design registration number, and
(ii)  the regulator or corresponding regulator that registered the design,
(h)  a statement that the item of plant has been inspected by a competent person and assessed by that person as being safe to operate,
(i)  the date that the item of plant was first commissioned or was first registered, if known, whichever occurred first,
(j)  a declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.
Note.
 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(3)  The application must be accompanied by the relevant fee.
267   When is a person competent to inspect plant
A person is a competent person to inspect an item of plant for registration if the person has:
(a)  educational or vocational qualifications in an engineering discipline relevant to the plant to be inspected, or
(b)  knowledge of the technical standards relevant to the plant to be inspected.
268   Additional information
(1)  If an application for registration of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information.
(2)  A request for additional information must:
(a)  specify the date (not being less than 28 days after the request) by which the additional information is to be given, and
(b)  be confirmed in writing.
(3)  If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.
(4)  The regulator may make more than 1 request for additional information under this clause.
269   Decision on application
(1)  Subject to subclause (3), the regulator must grant the registration if satisfied about the matters referred to in subclause (2).
(2)  The regulator must be satisfied about the following:
(a)  the application has been made in accordance with this Division,
(b)  the item of plant is not registered under a corresponding WHS law,
(c)  the item of plant is:
(i)  located in this jurisdiction, or
(ii)  located outside this jurisdiction and circumstances exist that justify the grant of the registration,
(d)  if the applicant is an individual, the applicant:
(i)  resides in this jurisdiction, or
(ii)  resides outside this jurisdiction and circumstances exist that justify the grant of the registration,
(e)  if the applicant is a body corporate, the applicant’s registered office:
(i)  is located in this jurisdiction, or
(ii)  is located outside this jurisdiction and circumstances exist that justify the grant of the registration,
(f)  the applicant is able to ensure compliance with any conditions that will apply to the registration.
(3)  The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has:
(a)  given information that is false or misleading in a material particular, or
(b)  failed to give any material information that should have been given.
(4)  If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.
(5)  If the regulator does not make a decision within 120 days after receiving the application or additional information requested under clause 268, the regulator is taken to have refused to grant the registration applied for.
Note.
 A refusal to grant a registration (including under subclause (5)) is a reviewable decision (see clause 676).
270   Refusal of registration—process
(1)  If the regulator proposes to refuse to grant a registration, the regulator must give the applicant a written notice:
(a)  informing the applicant of the reasons for the proposed refusal, and
(b)  advising the applicant that the applicant may, by a specified date, (being not less than 28 days after giving the notice) make a submission to the regulator in relation to the proposed refusal.
(2)  After the date specified in a notice under subclause (1), the regulator must:
(a)  if the applicant has made a submission in relation to the proposed refusal to grant the registration—consider that submission, and
(b)  whether or not the applicant has made a submission—decide whether to grant or refuse to grant the registration, and
(c)  within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.
Note.
 A refusal to grant a registration is a reviewable decision (see clause 676).
271   Conditions of registration
(1)  The regulator may impose any conditions it considers appropriate on the registration of an item of plant.
(2)  Without limiting subclause (1), the regulator may impose conditions in relation to 1 of more of the following:
(a)  the use and maintenance of the item of plant,
(b)  the recording or keeping of information,
(c)  the provision of information to the regulator.
Note.
 
1   
A person must comply with the conditions of registration (see section 45 of the Act).
2   
A decision to impose a condition on a registration is a reviewable decision (see clause 676).
272   Duration of registration
A registration of an item of plant takes effect on the day it is granted and expires 5 years after that day.
273   Plant registration number
(1)  This clause applies if the regulator registers an item of plant.
(2)  The regulator must issue a plant registration number for the plant to the registration holder within 14 days after that registration.
(3)  The registration holder must give the plant registration number to the person with management or control of the plant at a workplace as soon as practicable after being issued with the number under subclause (2).
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(4)  The person with management or control of the plant at a workplace must ensure that the plant registration number is marked on the item of plant.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
274   Registration document
(1)  If the regulator registers an item of plant, the regulator must issue to the applicant within 14 days a registration document in the form determined by the regulator.
(2)  The registration document must include the following:
(a)  the name of the registration holder,
(b)  if the registration holder conducts the business or undertaking under a business name, that business name,
(c)  the registration number for the item of plant,
(d)  any conditions imposed on the registration by the regulator,
(e)  the date on which the plant was first commissioned or first registered, whichever occurred first,
(f)  the date on which the registration was granted,
(g)  the expiry date of the registration.
275   Registration document to be available
(1)  The holder of the registration of an item of plant must keep the registration document available for inspection under the Act.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  Subclause (1) does not apply if the registration document is not in the registration holder’s possession because:
(a)  it has been returned to the regulator under clause 287, or
(b)  the registration holder has applied for, but has not received, a replacement registration document under clause 288.
276   Regulator may renew registration
The regulator may, on application, renew the registration of an item of plant.
277   Application for renewal
(1)  An application for renewal of a registration of an item of plant must be made in the manner and form required by the regulator.
(2)  The application must include the following information:
(a)  the applicant’s name,
(b)  any evidence of identity required by the regulator,
(c)  if the applicant conducts the business or undertaking under a business name, that business name and a certificate or other written evidence of the registration of the business name,
(d)  the registration number of the item of plant,
(e)  a declaration that the item of plant has been maintained, inspected and tested in accordance with clause 213.
Note.
 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(3)  The application must be accompanied by the relevant fee.
(4)  The application must be made before the expiry of the registration.
278   Registration continues in force until application is decided
If a registration holder applies under clause 277 for the renewal of a registration, the registration is taken to continue in force from the day it would, apart from this clause, have ended until the registration holder is given notice of the decision on the application.
279   Decision on application
(1)  The regulator must renew the registration of an item of plant if the regulator is satisfied that:
(a)  the application for renewal has been made in accordance with this Division, and
(b)  the plant has been maintained, inspected and tested in accordance with clause 213.
(2)  For the purposes of this Division:
(a)  clause 268 applies as if a reference in that clause to an application for registration were a reference to an application to renew registration, and
(b)  clauses 269 (except subclause (5)), 271 and 272 apply as if a reference in those clauses to the grant of a registration were a reference to the renewal of a registration, and
(c)  clause 270 applies as if a reference in that clause to a refusal to grant a registration were a reference to a refusal to renew a registration.
Note.
 A refusal to renew a registration is a reviewable decision (see clause 676).
280   Status of registration during review
(1)  If the regulator gives the registration holder written notice of a decision to refuse to renew the registration, the registration continues to have effect in accordance with this clause.
(2)  If the registration holder does not apply for internal review, the registration continues to have effect until the last of the following events:
(a)  the expiry of the registration,
(b)  the end of the period for applying for an internal review.
(3)  If the registration holder applies for an internal review, the registration continues to have effect until the earlier of the following events:
(a)  the registration holder withdraws the application for review,
(b)  the regulator makes a decision on the review.
(4)  If the registration holder does not apply for an external review, the registration continues to have effect until the end of the time for applying for an external review.
(5)  If the registration holder applies for an external review, the registration continues to have effect until the earlier of the following events:
(a)  the registration holder withdraws the application for review,
(b)  the Civil and Administrative Tribunal makes a decision on the review.
(6)  The registration continues to have effect under this clause even if its expiry date passes.
Division 5 Changes to registration and registration documents
281   Application of Division
This Division applies to:
(a)  the registration of a design of an item of plant, and
(b)  the registration of an item of plant.
282   Changes to information
(1)  A registration holder must give the regulator written notice of any change to:
(a)  the registration holder’s name, or
(b)  any of the information referred to in clauses 250, 255 (1), 266 or 268 (1) within 14 days after the registration holder becomes aware of the change.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  Subclause (1) applies whether the information was given in the application for grant of the registration or in any other circumstance.
(3)  Without limiting subclause (1), a registration holder for an item of plant must give written notice to the regulator if:
(a)  the item of plant is altered to an extent or in a way that requires the plant to be subject to new control measures, or
(b)  the item of plant is usually fixed and is relocated, or
(c)  the registration holder no longer has management or control of the item of plant.
283   Amendment of registration imposed by regulator
(1)  The regulator may, on its own initiative, amend a registration, including by amending the registration to:
(a)  vary or delete a condition of the registration, or
(b)  impose a new condition on the registration.
(2)  Before amending a registration, the regulator must give the registration holder written notice:
(a)  setting out the proposed amendment and the reasons for it, and
(b)  advising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed amendment within a specified period (being not less than 28 days from the date of the notice).
(3)  After the date specified in a notice under subclause (2), the regulator must:
(a)  if the registration holder has made a submission in relation to the proposed amendment—consider that submission, and
(b)  whether or not the registration holder has made a submission—decide:
(i)  to make the proposed amendment, or
(ii)  not to make any amendment, or
(iii)  to make a different amendment that results from consideration of any submission made by the registration holder, and
(c)  within 14 days after making that decision, give the registration holder written notice that:
(i)  sets out the amendment, if any, or states that no amendment is to be made, and
(ii)  if a submission was made in relation to the proposed amendment—sets out the regulator’s reasons for making the amendment, and
(iii)  specifies the date (being not less than the 28 days after the registration holder is given the notice) on which the amendment, if any, takes effect.
Note.
 A decision to amend a registration is a reviewable decision (see clause 676).
284   Amendment on application by registration holder
(1)  The regulator, on application by the registration holder, may amend a registration, including by amending the registration to vary or delete a condition of the registration.
(2)  If the regulator proposes to refuse to amend the registration, the regulator must give the registration holder a written notice:
(a)  informing the registration holder of the proposed refusal to amend the registration and the reasons for the proposed refusal, and
(b)  advising the registration holder that the registration holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.
(3)  After the date specified in a notice under subclause (2), the regulator must:
(a)  if the registration holder has made a submission in relation to the proposed refusal—consider that submission, and
(b)  whether or not the registration holder has made a submission—decide:
(i)  to make the amendment applied for, or
(ii)  not to make any amendment, or
(iii)  to make a different amendment that results from consideration of any submission made by the registration holder, and
(c)  within 14 days after making that decision, give the registration holder written notice of the decision in accordance with this clause.
(4)  If the regulator makes the amendment applied for, the notice under subclause (3) (c) must specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect.
(5)  If the regulator refuses to make the amendment or makes a different amendment, the notice under subclause (3) (c) must:
(a)  if a submission was made in relation to the proposed refusal of the amendment applied for—set out the reasons for the regulator’s decision, and
(b)  if the regulator makes a different amendment:
(i)  set out the amendment, and
(ii)  specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.
Note.
 A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see clause 676).
285   Minor corrections to registration
The regulator may make minor amendments to a registration, including an amendment:
(a)  to correct an obvious error, or
(b)  to change an address, or
(c)  that does not impose a significant burden on the registration holder.
286   Regulator to give amended registration document
If the regulator amends a registration and considers that the registration document requires amendment, the regulator must give the registration holder an amended registration document within 14 days after making the decision to amend the registration.
287   Registration holder to return registration document
A registration holder must return the registration document to the regulator for amendment at the written request of the regulator within the time specified in the request.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
288   Replacement registration document
(1)  A registration holder must give written notice to the regulator as soon as practicable if the registration document is lost, stolen or destroyed.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  If a registration document is lost, stolen or destroyed, the registration holder may apply to the regulator for a replacement document.
Note.
 A registration holder is required to keep a registration document available for inspection (see clause 275).
(3)  An application for a replacement registration document must be made in the manner and form required by the regulator.
(4)  The application must:
(a)  include a declaration describing the circumstances in which the original document was lost, stolen or destroyed, and
Note.
 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(b)  be accompanied by the relevant fee.
(5)  The regulator must issue a replacement registration document if satisfied that the original document was lost, stolen or destroyed.
(6)  If the regulator refuses to issue a replacement registration document, it must give the registration holder written notice of this decision, including the reasons for the decision within 14 days of making the decision.
Note.
 A refusal to issue a replacement registration document is a reviewable decision (see clause 676).
Division 6 Cancellation of registration
288A   Application of Division
This Division applies to:
(a)  the registration of a design of an item of plant, and
(b)  the registration of an item of plant.
288B   Regulator may cancel registration
The regulator may cancel a registration if satisfied that:
(a)  the registration holder, in applying for the registration:
(i)  gave information that was false or misleading in a material particular, or
(ii)  failed to give any material information that should have been given, or
(b)  the design of the item of plant, or the item of plant (as applicable), is unsafe.
Note.
 A decision to cancel a registration is a reviewable decision (see clause 676).
288C   Cancellation process
(1)  Before cancelling a registration, the regulator must give the registration holder written notice:
(a)  setting out the proposal to cancel the registration and the reasons for it, and
(b)  advising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed cancellation within a specified period (being not less than 28 days from the date of the notice).
(2)  After the date specified in a notice under subclause (1), the regulator must:
(a)  if the registration holder has made a submission in relation to the proposed cancellation—consider that submission, and
(b)  whether or not the registration holder has made a submission, decide:
(i)  to cancel the registration, or
(ii)  not to cancel the registration, and
(c)  within 14 days after making that decision, give the registration holder written notice that:
(i)  states whether or not the registration is cancelled, and
(ii)  if a submission was made in relation to the proposed cancellation—sets out the regulator’s reasons for cancelling the registration, and
(iii)  specifies the date on which the cancellation, if any, takes effect.
Note.
 A decision to cancel a registration is a reviewable decision (see clause 676).
288D   Registration holder to return registration document
A registration holder who receives a cancellation notice under clause 288C must return the registration document to the regulator at the written request of the regulator within the time specified in the request.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.