235Major inspection of registered mobile cranes and tower cranes

235 Major inspection of registered mobile cranes and tower cranes

235 Major inspection of registered mobile cranes and tower cranes

(1) This section applies to the person with management or control of a registered mobile crane or tower crane at a workplace.

(2) The person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person—

(a) at the end of the design life recommended by the manufacturer for the crane, or

(b) if there are no manufacturer’s recommendations—in accordance with the recommendations of a competent person, or

(c) if it is not reasonably practicable to comply with paragraph (a) or (b)—every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.

Maximum penalty—

(a) for an individual—43 penalty units, or

(b) for a body corporate—217 penalty units.

(3) A major inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be a major inspection for this section.

(4) In this section, a competent person is a person who—

(a) complies with both of the following—

(i) the person has acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the plant,

(ii) the person is—

(A) registered under a law that provides for the registration of professional engineers, or

(B) a member, or qualified to be a member, of Engineers Australia with the status of Chartered Professional Engineer, or

(C) entered on the National Professional Engineers Register administered by Engineers Australia, or

(b) is determined by the regulator to be a competent person.

Note—

Subsection (4)(a)(ii)(B) and (C) are NSW provisions.

(5) The regulator may, on the application of a person, make a determination in relation to the person for subsection (4)(b) if the regulator considers that exceptional circumstances exist.