85Evidence of licence—duty of person conducting business or undertaking

85  Evidence of licence—duty of person conducting business or undertaking  (1) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work. 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.  (2) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in subregulation 82(1) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training referred to in paragraph 82(1)(a). 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.  (2A) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in subregulation 82(1A) unless the person sees written evidence provided by the worker that the worker:  (a) in the circumstances referred to in paragraph 82(1A)(a)—holds a certification referred to in subregulation 82(1A); and  (b) in the circumstances referred to in paragraph 82(1A)(b):  (i) holds a certification referred to in subregulation 82(1A); and  (ii) has applied for the relevant licence within the period referred to in paragraph 82(1A)(b). 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 person conducting a business or undertaking at a workplace must not direct or allow a worker to supervise high risk work as referred to in subregulation 82(1) and regulation 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work. 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.  (4) A person conducting a business or undertaking at a workplace must keep a record of the written evidence provided:  (a) under subregulation (1) or (2)—for at least 1 year after the high risk work is carried out;  (b) under subregulation (3)—for at least 1 year after the last occasion on which the worker performs the supervision work. 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.