234Duty of persons conducting businesses or undertakings that commission plant

234  Duty of persons conducting businesses or undertakings that commission plant  (1) This regulation applies to a person who conducts a business or undertaking that commissions plant.  (2) The person must not commission an item of plant that is specified in Part 2 of Schedule 5 for use in a workplace unless that item of plant is registered under Part 5.3. Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.  (3) Nothing in subregulation (2) prevents a person from performing any necessary adjustments, tests or inspections as part of the commissioning process before the plant is commissioned at a workplace. Division 4—Duties of persons conducting a business or undertaking involving the management or control of plant Subdivision 1—Control measures for registered plant 235  Major inspection of registered mobile cranes and tower cranes  (1) This regulation 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. Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.  (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 the purposes of this regulation.  (4) In this regulation, a competent person is a person who:  (a) complies with both of the following:  (i) has acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the plant;  (ii) is registered under a law that provides for the registration of professional engineers; or  (b) is determined by the regulator to be a competent person.  (5) The regulator may, on the application of a person, make a determination in relation to the person for the purposes of paragraph (4)(b) if the regulator considers that exceptional circumstances exist.  (6) In this regulation, major inspection means:  (a) an examination of all critical components of the crane, if necessary by stripping down the crane and removing paint, grease and corrosion to allow a thorough examination of each critical component; and  (b) a check of the effective and safe operation of the crane.