Duty in relation to plant
12 Duty in relation to plant
This section applies to any plant that is used, or that is reasonably expected to be used, in connection with any dangerous substance.
A person who is in charge of any plant to which this section applies must—
take such precautions and exercise such care as is reasonable in the circumstances in order to ensure that the plant is in a safe condition whenever it is used in connection with a dangerous substance; and
ensure that the plant is in a safe condition when it is not in use.
A person who uses any plant to which this section applies must—
ensure that the plant is in a safe condition; and
take such precautions and exercise such care as is reasonable in the circumstances in order to avoid endangering the health or safety of any other person, or the safety of any other person's property (whether during the use of that plant, or as a result of the use of that plant); and
ensure that the plant is left in a safe condition after use.
A person who performs, or supervises the performance of, any work on, or in relation to, plant to which this section applies must take such precautions and exercise such care as is reasonable in the circumstances in order to avoid endangering the health or safety of any person (including himself or herself), or the safety of any other person's property (whether during the performance of that work, or as a result of the performance of that work).
A person must not misuse or damage any plant to which this section applies.
A person who contravenes or fails to comply with a provision of this section is guilty of an offence.
Maximum penalty:
In the case of a body corporate—$250 000.
In any other case—$50 000 or imprisonment for 2 years, or both.
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