40Requirements for licence or registration

40 Requirements for licence or registration (1) An employer or self-employed person must not conduct an undertaking at a workplace if— (a) the regulations require the workplace, or class of workplace, to be licensed or registered; and (b) the workplace, or class of workplace, is not licensed or registered (as the case may be) in accordance with the regulations. (2) A person must not use plant at a workplace if— (a) the regulations require the plant or its design to be licensed or registered; and (b) the plant or its design (as the case may be) is not licensed or registered (as the case may be) in accordance with the regulations. (3) A person must not use a substance at a workplace if— (a) the regulations require the substance to be licensed or registered; and (b) the substance is not licensed or registered (as the case may be) in accordance with the regulations. (4) A person must not carry out work, or an activity, at a workplace if— (a) the regulations require the work or activity, or class of work or activity, to be carried out by a person who is registered or licensed; and (b) the person is not registered or licensed (as the case may be) in accordance with the regulations. (5) An offence against subsection (1) is an indictable offence. Note to s. 40(5) amended by No. 68/2009 s. 97(Sch. item 90.12).