Australian Capital Territory Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY AMENDMENT ACT 2004 (NO. 29 OF 2004) - SECT 15

Section 51 (8)

substitute

    (8)     If the health and safety representative gives a provisional improvement notice to the responsible person, the representative must—

        (a)     give a copy of the notice to the commissioner; and

        (b)     if the responsible person is an employee and the notice is given to the person in relation to work performed by the person for an employer—take all reasonably practicable steps to give a copy of the notice to the employer.

Maximum penalty: 1 penalty unit.

    (8A)     The responsible person or, if the responsible person is an employee mentioned in subsection (8) (b), the employer must give a copy of the provisional improvement notice to each of the following people:

        (a)     if the notice relates to something that affects workplaces where people not employed by the employer work—each other employer of employees at each affected workplace;

        (b)     if the notice relates to premises—

              (i)     each owner of the premises; and

              (ii)     if the premises are leased—the lessor and lessee of the premises; and

              (iii)     anyone else with a right of immediate possession to the premises;

        (c)     if the notice relates to plant or a substance or other thing and the plant or thing is hired under a hire-purchase agreement or contract of hire—the hirer of the plant or thing;

        (d)     if the notice relates to plant or a substance or other thing, whether or not the thing is hired—anyone else with a right of immediate possession to the plant or thing;

Maximum penalty: 10 penalty units.

    (8B)     An offence against subsection (8) or (8A) is a strict liability offence.