38AWork to comply with regulations

38A Work to comply with regulations

38A Work to comply with regulations

(1) A person must not carry out medical gasfitting work, medical gas technician work or mechanical services and medical gas work otherwise than in accordance with the following—

(a) the relevant Australian standards or, if a particular Australian standard is prescribed by the regulations in relation to the work, that Australian standard,

(b) any relevant standards of the International Organization for Standardization that are prescribed by the regulations in relation to the work,

(c) any standards or requirements specified by the Health Secretary by order in writing and published on the website of the Ministry of Health.

Maximum penalty—

(a) in the case of an individual—

(i) 500 penalty units for a first offence, or

(ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or

(b) in the case of a corporation—

(i) 5,000 penalty units for a first offence, or

(ii) 7,500 penalty units for a second or subsequent offence.

Note—

An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63.

(2) To avoid doubt, a standard or requirement under subsection (1) may—

(a) apply generally or be limited in its application by reference to specified exceptions or factors, or

(b) apply differently according to different factors of a specified kind,

or both.

(3) In this section—

Health Secretary means the Secretary of the Ministry of Health.

pt 5A, div 2 (ss 38A–38E): Ins 2020 No 17, Sch 1[6].