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\[6\].