Commonwealth: Work Health and Safety Act 2011 (Cth)

Work Health and Safety Act 2011 No. 137, 2011 Compilation No. 16 Compilation date: 1 July 2024 Includes amendments: Act No. 120, 2023 Registered: 1 July 2024 About this compilation This compilation This is a compilation of the Work Health and Safety Act 2011 that shows the text of the law as amended and in force on 1 July 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary Division 1—Introduction 1 Short title 2 Commencement Division 2—Object 3 Object Division 3—Interpretation Subdivision 1—Definitions 4 Definitions Subdivision 2—Other important terms 5 Meaning of person conducting a business or undertaking 6 Meaning of supply 7 Meaning of worker 8 Meaning of workplace 9 Examples and notes Division 4—Application of Act 10 Act binds the Commonwealth 11 Extraterritorial application 12 Scope 12A Act does not apply to certain vessels, structures and facilities 12B Duty to consult etc. where law of more than one jurisdiction applies to the same matter 12C Act not to prejudice national security 12D Act not to prejudice Australia's defence 12E Act not to prejudice certain police operations 12F Interaction with Commonwealth criminal law Part 2—Health and safety duties Division 1—Introductory Subdivision 1—Principles that apply to duties 13 Principles that apply to duties 14 Duties not transferrable 15 Person may have more than 1 duty 16 More than 1 person can have a duty 17 Management of risks Subdivision 2—What is reasonably practicable 18 What is reasonably practicable in ensuring health and safety Division 2—Primary duty of care 19 Primary duty of care Division 3—Further duties of persons conducting businesses or undertakings 20 Duty of persons conducting businesses or undertakings involving management or control of workplaces 21 Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces 22 Duties of persons conducting businesses or undertakings that design plant, substances or structures 23 Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures 24 Duties of persons conducting businesses or undertakings that import plant, substances or structures 25 Duties of persons conducting businesses or undertakings that supply plant, substances or structures 26 Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures Division 4—Duty of officers, workers and other persons 27 Duty of officers 28 Duties of workers 29 Duties of other persons at the workplace Division 5—Offences and penalties 30 Health and safety duty 30A Industrial manslaughter 31 Negligence or reckless conduct—Category 1 32 Failure to comply with health and safety duty—Category 2 33 Failure to comply with health and safety duty—Category 3 34 Exceptions Part 3—Incident notification 35 What is a notifiable incident 36 What is a serious injury or illness 37 What is a dangerous incident 38 Duty to notify of notifiable incidents 39 Duty to preserve incident sites Part 4—Authorisations 40 Meaning of authorised 41 Requirements for authorisation of workplaces 42 Requirements for authorisation of plant or substance 43 Requirements for authorisation of work 44 Requirements for prescribed qualifications or experience 45 Requirement to comply with conditions of authorisation Part 5—Consultation, representation and participation Division 1—Consultation, co‑operation and co‑ordination between duty holders 46 Duty to consult with other duty holders Division 2—Consultation with workers 47 Duty to consult workers 48 Nature of consultation 49 When consultation is required Division 3—Health and safety representatives Subdivision 1—Request for election of health and safety representatives 50 Request for election of health and safety representative Subdivision 2—Determination of work groups 51 Determination of work groups 52 Negotiations for agreement for work group 53 Notice to workers 54 Failure of negotiations Subdivision 3—Multiple‑business work groups 55 Determination of work groups of multiple businesses 56 Negotiation of agreement for work groups of multiple businesses 57 Notice to workers 58 Withdrawal from negotiations or agreement involving multiple businesses 59 Effect of Subdivision on other arrangements Subdivision 4—Election of health and safety representatives 60 Eligibility to be elected 61 Procedure for election of health and safety representatives 62 Eligibility to vote 63 When election not required 64 Term of office of health and safety representative 65 Disqualification of health and safety representatives 66 Immunity of health and safety representatives 67 Deputy health and safety representatives Subdivision 5—Powers and functions of health and safety representatives 68 Powers and functions of health and safety representatives 69 Powers and functions generally limited to the particular work group Subdivision 6—Obligations of person conducting business or undertaking to health and safety representatives 70 General obligations of person conducting business or undertaking 71 Exceptions from obligations under section 70(1) 72 Obligation to train health and safety representatives 73 Obligation to share costs if multiple businesses or undertakings 74 List of health and safety representatives Division 4—Health and safety committees 75 Health and safety committees 76 Constitution of committee 77 Functions of committee 78 Meetings of committee 79 Duties of person conducting business or undertaking Division 5—Issue resolution 80 Parties to an issue 81 Resolution of health and safety issues 82 Referral of issue to regulator for resolution by inspector Division 6—Right to cease or direct cessation of unsafe work 83 Definition of cease work under this Division 84 Right of worker to cease unsafe work 85 Health and safety representative may direct that unsafe work cease 86 Worker to notify if ceases work 87 Alternative work 88 Continuity of engagement of worker 89 Request to regulator to appoint inspector to assist Division 7—Provisional improvement notices 90 Provisional improvement notices 91 Provisional improvement notice to be in writing 92 Contents of provisional improvement notice 93 Provisional improvement notice may give directions to remedy contravention 94 Minor changes to provisional improvement notice 95 Issue of provisional improvement notice 96 Health and safety representative may cancel notice 97 Display of provisional improvement notice 98 Formal irregularities or defects in notice 99 Offence to contravene a provisional improvement notice 100 Request for review of provisional improvement notice 101 Regulator to appoint inspector to review notice 102 Decision of inspector on review of provisional improvement notice Division 8—Part not to apply to prisoners 103 Part does not apply to prisoners Part 6—Discriminatory, coercive and misleading conduct Division 1—Prohibition of discriminatory, coercive or misleading conduct 104 Prohibition of discriminatory conduct 105 What is discriminatory conduct 106 What is a prohibited reason 107 Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct 108 Prohibition of coercion or inducement 109 Misrepresentation Division 2—Criminal proceedings in relation to discriminatory conduct 110 Proof of discriminatory conduct 111 Order for compensation or reinstatement Division 3—Civil proceedings in relation to discriminatory or coercive conduct 112 Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct 113 Procedure for civil actions for discriminatory conduct Division 4—General 114 General provisions relating to orders 115 Prohibition of multiple actions Part 7—Workplace entry by WHS entry permit holders Division 1—Introductory 116 Definitions Division 2—Entry to inquire into suspected contraventions 117 Entry to inquire into suspected contraventions 118 Rights that may be exercised while at workplace 119 Notice of entry 120 Entry to inspect employee records or information held by another person Division 3—Entry to consult and advise workers 121 Entry to consult and advise workers 122 Notice of entry Division 4—Requirements for WHS entry permit holders 123 Contravening WHS entry permit conditions 124 WHS entry permit holder must also hold permit under other law 125 WHS entry permit to be available for inspection 126 When right may be exercised 127 Where the right may be exercised 128 Work health and safety requirements 129 Residential premises 130 WHS entry permit holder not required to disclose names of workers Division 5—WHS entry permits 131 Application for WHS entry permit 132 Consideration of application 133 Eligibility criteria 134 Issue of WHS entry permit 135 Conditions on WHS entry permit 136 Term of WHS entry permit 137 Expiry of WHS entry permit 138 Application to revoke WHS entry permit 139 Authorising authority must permit WHS entry permit holder to show cause 140 Determination of application Division 6—Dealing with disputes 141 Application for assistance of inspector to resolve dispute 142 Authorising authority may deal with a dispute about a right of entry under this Act 143 Contravening order made to deal with dispute Division 7—Prohibitions 144 Person must not refuse or delay entry of WHS entry permit holder 145 Person must not hinder or obstruct WHS entry permit holder 146 WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace 147 Misrepresentations about things authorised by this Part 148 Unauthorised use or disclosure of information or documents Division 8—General 149 Return of WHS entry permits 150 Union to provide information to authorising authority 151 Register of WHS entry permit holders Part 8—The regulator Division 1—Functions of regulator 152 Functions of regulator 153 Powers of regulator 154 Delegation by regulator Division 2—Powers of regulator to obtain information 155 Powers of regulator to obtain information Part 9—Securing compliance Division 1—Appointment of inspectors 156 Appointment of inspectors 157 Identity cards 158 Accountability of inspectors 159 Suspension and ending of appointment of inspectors Division 2—Functions and powers of inspectors 160 Functions and powers of inspectors 161 Conditions on inspectors' compliance powers 162 Inspectors subject to regulator's directions Division 3—Powers relating to entry Subdivision 1—General powers of entry 163 Powers of entry 164 Notification of entry 165 General powers on entry 165A Powers relating to electronic equipment 165B Expert assistance to operate electronic equipment 166 Persons assisting inspectors Subdivision 2—Search warrants 167 Search warrants 168 Announcement before entry on warrant 169 Copy of warrant to be given to person with management or control of place Subdivision 3—Limitation on entry powers 170 Places used for residential purposes Subdivision 4—Specific powers on entry 171 Power to require production of documents and answers to questions 172 Abrogation of privilege against self‑incrimination 173 Warning to be given 174 Powers to copy and retain documents 175 Power to seize evidence etc. 176 Inspector's power to seize dangerous workplaces and things 177 Powers supporting seizure 178 Receipt for seized things 179 Forfeiture of seized things 180 Return of seized things 181 Access to seized things Division 4—Damage and compensation 182 Damage etc. to be minimised 183 Inspector to give notice of damage 184 Compensation Division 5—Other matters 185 Power to require name and address 186 Inspector may take affidavits 187 Attendance of inspector at coronial inquests Division 6—Offences in relation to inspectors 188 Offence to hinder or obstruct inspector 189 Offence to impersonate inspector 190 Offence to assault, threaten or intimidate inspector Part 10—Enforcement measures Division 1—Improvement notices 191 Issue of improvement notices 192 Contents of improvement notices 193 Compliance with improvement notice 194 Extension of time for compliance with improvement notices Division 2—Prohibition notices 195 Power to issue prohibition notice 196 Contents of prohibition notice 197 Compliance with prohibition notice Division 3—Non‑disturbance notices 198 Issue of non‑disturbance notice 199 Contents of non‑disturbance notice 200 Compliance with non‑disturbance notice 201 Issue of subsequent notices Division 4—General requirements applying to notices 202 Application of Division 203 Notice to be in writing 204 Directions in notices 205 Recommendations in notice 206 Changes to notice by inspector 207 Regulator may vary or cancel notice 208 Formal irregularities or defects in notice 209 Issue and giving of notice 210 Display of notice Division 5—Remedial action 211 When regulator may carry out action 212 Power of the regulator to take other remedial action 213 Costs of remedial or other action Division 6—Injunctions 214 Application of Division 215 Injunctions for noncompliance with notices Part 11—Enforceable undertakings 216 Regulator may accept WHS undertakings 217 Notice of decision and reasons for decision 218 When a WHS undertaking is enforceable 219 Compliance with WHS undertaking 220 Contravention of WHS undertaking 221 Withdrawal or variation of WHS undertaking 222 Proceeding for alleged contravention Part 12—Review of decisions Division 1—Reviewable decisions 223 Which decisions are reviewable Division 2—Internal review 224 Application for internal review 225 Internal reviewer 226 Decision of internal reviewer 227 Decision on internal review 228 Stays of reviewable decisions on internal review Division 3—External review 229 Application for external review Part 13—Legal proceedings Division 1—General matters 230 Prosecutions 231 Procedure if prosecution is not brought 232 Limitation period for prosecutions 233 Multiple contraventions of health and safety duty provision Division 2—Sentencing for offences 234 Application of this Division 235 Orders generally 236 Adverse publicity orders 237 Orders for restoration 238 Work health and safety project orders 239 Release on the giving of a court‑ordered WHS undertaking 240 Injunctions 241 Training orders 242 Offence to fail to comply with order Division 3—Infringement notices 243 Infringement notices 243A Matters to be included in an infringement notice 243B Extension of time to pay amount 243C Withdrawal of an infringement notice 243D Effect of payment of amount 243E Effect of this Division Division 4—Offences by bodies corporate 244 Definitions 244A Physical elements 244B Fault elements other than negligence 244BA Negligence 244C Mistake of fact 244D Failure to take reasonable precautions 244E How this Division applies to public authorities Division 5—The Commonwealth 245 Definitions 245A Offences and the Commonwealth—physical elements 245B Offences and the Commonwealth—fault elements other than negligence 245BA Offences and the Commonwealth—negligence 245C Offences and the Commonwealth—mistake of fact 245D Offences and the Commonwealth—failure to take reasonable precautions 245E Offences and the Commonwealth—penalties 246 WHS civil penalty provisions and the Commonwealth 247 Officers 248 Responsible agency for the Commonwealth Division 6—Public authorities 249 Application to public authorities that are bodies corporate 250 Proceedings against public authorities 251 Offences and public authorities 252 Officer of public authority 253 Proceedings against successors to public authorities Division 7—WHS civil penalty provisions 254 When is a provision a WHS civil penalty provision 255 Proceedings for contravention of WHS civil penalty provision 256 Involvement in contravention treated in same way as actual contravention 257 Contravening a civil penalty provision is not an offence 258 Civil proceeding rules and procedure to apply 259 Proceeding for a contravention of a WHS civil penalty provision 260 Proceeding may be brought by the regulator or an inspector 261 Limitation period for WHS civil penalty proceedings 262 Recovery of a monetary penalty 263 Civil double jeopardy 264 Criminal proceedings during civil proceedings 265 Criminal proceedings after civil proceedings 266 Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings Division 8—Civil liability not affected by this Act 267 Civil liability not affected by this Act Part 14—General Division 1—General provisions 268 Offence to give false or misleading information 269 Act does not affect legal professional privilege 270 Immunity from liability 271 Confidentiality of information 271A Additional ways that regulator may use and share information 272 No contracting out 272A No insurance or other indemnity against penalties 272B Liability of officers for offences by body corporate under s 272A 273 Person not to levy workers 273A Conferral of jurisdiction 273B Application of the Legislation Act 2003 Division 2—Codes of practice 274 Approved codes of practice 275 Use of codes of practice in proceedings Division 3—Regulation‑making powers 276 Regulation‑making powers Schedule 1—Application of Act to dangerous goods and high risk plant Schedule 2—The regulator and local tripartite consultation arrangements and other local arrangements Part 1—Preliminary 1 Definitions Part 2—The Commission 2 Functions Part 3—Comcare 3 Annual reports Part 3A—Family and Injured Workers Advisory Committee 3A Definitions for this Part 3B Establishment of the Family and Injured Workers Advisory Committee 3C Functions of the Advisory Committee 3D Membership of the Advisory Committee 3E Appointment of Advisory Committee members 3F Invited participants 3G Acting appointments 3H Remuneration and allowances 3J Leave of absence 3K Disclosure of interests to the Minister 3L Disclosure of interests to the Advisory Committee 3M Resignation 3N Termination of appointment 3P Other terms and conditions 3Q Meetings and procedures 3R Administrative support Part 4—Other persons 4 Annual reports Schedule 3—Regulation‑making powers 1 Duties 2 Incidents 3 Plant, substances or structures 4 Protection and welfare of workers 5 Hazards and risks 6 Records and notices 7 Authorisations 8 Work groups 9 Health and safety committees and health and safety representatives 10 Issue resolution 11 WHS entry permits 12 Identity cards 13 Forfeiture 14 Review of decisions Schedule 4—Penalty amounts 1 Monetary penalties—categories 1 to 3 2 Monetary penalties—tiers A to I 3 Monetary penalties—WHS civil penalty provision—tiers 1 to 4 4 Indexation of penalty amounts 5 Rounding of penalty amounts 6 Public notification of adjusted penalty amounts 7 Definitions Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to work health and safety, and for related purposes Part 1—Preliminary Division 1—Introduction 1 Short title This Act may be cited as the Work Health and Safety Act 2011. 2 Commencement This Act commences on 1 January 2012. Division 2—Object 3 Object (1) The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by: (a) protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work; and (b) providing for fair and effective workplace representation, consultation, co‑operation and issue resolution in relation to work health and safety; and (c) encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment; and (d) promoting the provision of advice, information, education and training in relation to work health and safety; and (e) securing compliance with this Act through effective and appropriate compliance and enforcement measures; and (f) ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and (g) providing a framework for continuous improvement and progressively higher standards of work health and safety; and (h) maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction. (2) In furthering subsection (1)(a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work as is reasonably practicable. Division 3—Interpretation Subdivision 1—Definitions 4 Definitions In this Act: approved code of practice means a code of practice approved under Part 14. ASIS means the Australian Secret Intelligence Service. Australia, when used in its geographical sense, includes the external Territories. Australian Border Force has the same meaning as in the Australian Border Force Act 2015. Australian Border Force Commissioner has the same meaning as in the Australian Border Force Act 2015. Australian Border Force worker means the following persons: (a) a person who is covered by paragraph (a) of the definition of Immigration and Border Protection worker in subsection 4(1) of the Australian Border Force Act 2015 and who is in the Australian Border Force or whose services are made available to the Australian Border Force; (b) a person who is covered by paragraph (b), (c), (d), (e) or (f) of that definition and whose services are made available to, or who is performing services for, the Australian Border Force. authorised, in Part 4—see section 40. authorised person, for a body corporate, in Division 4 of Part 13—see section 244. authorised person, for the Commonwealth, in Division 5 of Part 13—see section 245. authorising authority means the Fair Work Commission. board of directors, of a body corporate, in Division 4 of Part 13—see section 244. category 1 monetary penalty—see clause 1 of Schedule 4. Category 1 offence—see section 31. category 2 monetary penalty—see clause 1 of Schedule 4. Category 2 offence—see section 32. category 3 monetary penalty—see clause 1 of Schedule 4. Category 3 offence—see section 33. Comcare means the body corporate established under section 68 of the Safety, Rehabilitation and Compensation Act 1988. Commonwealth includes any person or body, other than a public authority, that is a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013). compliance powers means the functions and powers conferred on an inspector under this Act. condition includes limitation and restriction. construct includes assemble, erect, reconstruct, reassemble and re‑erect. corresponding regulator means a regulator under a corresponding WHS law. corresponding WHS law means each of the following: (a) the Work Health and Safety Act 2011 of New South Wales; (b) the Occupational Health and Safety Act 2004 of Victoria; (c) the Work Health and Safety Act 2011 of Queensland; (d) the Work Health and Safety Act 2020 of Western Australia; (e) the Work Health and Safety Act 2012 of South Australia; (f) the Work Health and Safety Act 2012 of Tasmania; (g) the Work Health and Safety Act 2011 of the Australian Capital Territory; (h) the Work Health and Safety (National Uniform Legislation) Act 2011 (NT); (i) any other law of a State or Territory prescribed by the regulations. court means: (a) the Federal Court of Australia; and (b) the Federal Circuit and Family Court of Australia (Division 2); and (c) the Supreme Court of a State or of the Australian Capital Territory or the Northern Territory; and (d) a court of a State or Territory prescribed by the regulations for the purposes of section 273A. dangerous incident, in Part 3—see section 37. demolition includes deconstruction. design, in relation to plant, a substance or a structure includes: (a) design of part of the plant, substance or structure; and (b) redesign or modify a design. disclose, in relation to information, includes divulge or communicate to any person or publish. discriminatory conduct, in Part 6—see section 105. document includes record. emergency services worker means: (a) a member of 1 of the following: (i) a police force or service; (ii) a fire service; (iii) an ambulance service; (iv) a coast guard service, rescue service or emergency service; (v) any other organisation prescribed by the regulations for the purposes of this subparagraph; or (b) a member of the Defence Force who is engaged in civil emergency or disaster relief operations; or (c) a person who is an emergency services worker under a corresponding WHS law. employee record, in relation to an employee, has the same meaning as it has in the Privacy Act 1988. employer organisation means an organisation of employers. engage in conduct means doing an act or omitting to do an act. executive, of an agency of the Commonwealth, in Division 5 of Part 13—see section 245. Fair Work Act means the Fair Work Act 2009. Fair Work Commission means the body continued in existence under section 575 of the Fair Work Act 2009. fault element, in relation to an offence, has the same meaning as in the Criminal Code. handling includes transport. health means physical and psychological health. health and safety duty—see section 30. health and safety representative, in relation to a worker, means the health and safety representative elected under Part 5 for the work group of which the worker is a member. Immigration and Border Protection Secretary means the Secretary of the Department administered by the Minister administering the Australian Border Force Act 2015. import means to bring into the jurisdiction from outside Australia. inspector means an inspector appointed under Part 9. internal reviewer means: (a) the regulator; or (b) a person appointed by the regulator under section 225. legal practitioner means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory. local authority means a local authority under a corresponding WHS law. medical treatment means treatment by a medical practitioner registered or licensed under a State or Territory law that provides for the registration or licensing of medical practitioners. modifications include additions, omissions and substitutions. non‑Commonwealth licensee means a body corporate that was a non‑Commonwealth licensee for the purposes of the Occupational Health and Safety Act 1991 immediately before the commencement of this Act. notifiable incident—see section 35. officer, of an entity, means: (a) if the entity is the Commonwealth—an officer of the Commonwealth within the meaning of section 247; or (b) if the entity is a public authority—an officer of the public authority within the meaning of section 252; or (c) in Division 5 of Part 13, if the entity is an agency of the Commonwealth—an officer of the agency within the meaning of section 245; or (d) if paragraphs (a), (b) and (c) of this definition do not apply—an officer of the entity within the meaning of section 9 of the Corporations Act 2001 other than, if the entity is a partnership, a partner in the partnership; but does not include, if the entity is a local authority, an elected member of the local authority acting in that capacity. official of a union, in Part 7—see section 116. parliamentarian means: (a) a Senator; or (b) a Member of the House of Representatives; or (c) a Minister of State who is not a Senator or Member of the House of Representatives; or (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a Senator or Member of the House of Representatives; or (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a Senator or Member of the House of Representatives; or (f) any other person to whom remuneration is payable under section 49 of the Parliamentary Business Resources Act 2017. personal information has the same meaning as it has in the Privacy Act 1988. person conducting a business or undertaking—see section 5. physical element, in relation to an offence, has the same meaning as in the Criminal Code. plant includes: (a) any machinery, equipment, appliance, container, implement and tool; and (b) any component of any of those things; and (c) anything fitted or connected to any of those things. prohibited reason, in Part 6—see section 106. public authority means: (a) a body corporate established for a public purpose by or under a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory or the Northern Territory), but does not include a body corporate prescribed by the regulations to be a body corporate to which this Act does not apply; and (b) a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013, other than a Commonwealth company prescribed by the regulations to be a Commonwealth company to which this Act does not apply; and (c) a body corporate prescribed by the regulations to be a public authority for the purposes of this Act. reasonably practicable, in relation to a duty to ensure health and safety—see section 18. regulator means Comcare. relevant person conducting a business or undertaking, in Part 7—see section 116. relevant State or Territory industrial law, in Part 7—see section 116. relevant union, in Part 7—see section 116. relevant worker, in Part 7—see section 116. representative, in relation to a worker, means: (a) the health and safety representative for the worker; or (b) a union representing the worker; or (c) any other person the worker authorises to represent him or her. serious injury or illness, in Part 3—see section 36. State includes the Australian Capital Territory and the Northern Territory. State or Territory industrial law has the same meaning as it has in the Fair Work Act. structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes: (a) buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and (b) any component of a structure; and (c) part of a structure. substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour. supply—see section 6. this Act includes the regulations. tier A monetary penalty—see clause 2 of Schedule 4. tier B monetary penalty—see clause 2 of Schedule 4. tier C monetary penalty—see clause 2 of Schedule 4. tier D monetary penalty—see clause 2 of Schedule 4. tier E monetary penalty—see clause 2 of Schedule 4. tier F monetary penalty—see clause 2 of Schedule 4. tier G monetary penalty—see clause 2 of Schedule 4. tier H monetary penalty—see clause 2 of Schedule 4. tier I monetary penalty—see clause 2 of Schedule 4. union means: (a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or (b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law. volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out‑of‑pocket expenses). WHS civil penalty provision tier 1—see clause 3 of Schedule 4. WHS civil penalty provision tier 2—see clause 3 of Schedule 4. WHS civil penalty provision tier 3—see clause 3 of Schedule 4. WHS civil penalty provision tier 4—see clause 3 of Schedule 4. WHS entry permit means a WHS entry permit issued under Part 7 or the equivalent Part of a corresponding WHS law. WHS entry permit holder means a person who holds a WHS entry permit. WHS undertaking means an undertaking given under section 216(1). worker—see section 7. work group means a work group determined under Part 5. workplace—see section 8. Subdivision 2—Other important terms 5 Meaning of person conducting a business or undertaking (1) For the purposes of this Act, a person conducts a business or undertaking: (a) whether the person conducts the business or undertaking alone or with others; and (b) whether or not the business or undertaking is conducted for profit or gain. (2) A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association. (3) If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership. (4) A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking. (5) An elected member of a local authority does not in that capacity conduct a business or undertaking. (6) The regulations may specify the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Act or any provision of this Act. (7) A volunteer association does not conduct a business or undertaking for the purposes of this Act. (8) In this section, volunteer association means a group of volunteers working together for 1 or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association. 6 Meaning of supply (1) A supply of a thing includes a supply and a resupply of the thing by way of sale, exchange, lease, hire or hire‑purchase, whether as principal or agent. (2) A supply of a thing occurs on the passing of possession of the thing to the person or an agent of the person to be supplied. (3) A supply of a thing does not include: (a) the return of possession of a thing to the owner of the thing at the end of a lease or other agreement; or (b) a prescribed supply. (4) A financier is taken not to supply plant, a substance or a structure for the purposes of this Act if: (a) the financier has, in the course of the financier's business as a financier, acquired ownership of, or another right in, the plant, substance or structure on behalf of a customer of the financier; and (b) the action by the financier, that would be a supply but for this subsection, is taken by the financier for, or on behalf of, that customer. (5) If subsection (4) applies, the person (other than the financier) who had possession of the plant, substance or structure immediately before the financier's customer obtained possession of the plant, substance or structure is taken for the purposes of this Act to have supplied the plant, substance or structure to the financier's customer. 7 Meaning of worker (1) A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as: (a) an employee; or (b) a contractor or subcontractor; or (c) an employee of a contractor or subcontractor; or (d) an employee of a labour hire company who has been assigned to work in the person's business or undertaking; or (e) an outworker; or (f) an apprentice or trainee; or (g) a student gaining work experience; or (h) a volunteer; or (i) a person of a prescribed class. (2) For the purposes of this Act, the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979) is: (a) a worker; and (b) at work throughout the time when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and (d) an employee of the Commonwealth. (2A) For the purposes of this Act, a member of the Defence Force is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of a member of the Defence Force, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the Commonwealth. (2B) For the purposes of this Act, a person who is the holder of, or acting in, an office established by a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory or the Northern Territory) is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of that office, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the Commonwealth. (2C) For the purposes of this Act, a person who constitutes, or is acting as the person constituting, a public authority is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of that authority, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the public authority. (2D) For the purposes of this Act, a person who is, or is acting as, a member or a deputy member of a public authority is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of the public authority, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the public authority. (2E) For the purposes of this Act, a person who is, or is acting as, a member or a deputy member of a body established by or under an Act establishing a public authority for a purpose associated with the performance of the functions of the public authority is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of the body, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the public authority. (2F) The Minister may, by instrument in writing, declare that a person of a class specified in the declaration is, for the purposes of this Act: (a) a worker; and (b) at work throughout the time specified in the declaration; and (c) carrying out work for a business or undertaking conducted by the Commonwealth, or a public authority specified in the declaration, when the person is performing functions of the kind specified in the declaration; and (d) an employee of the Commonwealth, or a public authority specified in the declaration. (2G) A declaration under subsection (2F) may only be made in relation to a class of persons if persons of that class engage in activities or perform acts: (a) where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by the Commonwealth, or are employees of the Commonwealth: (i) at the request or direction of the Commonwealth; or (ii) for the benefit of the Commonwealth; or (iii) by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory or the Northern Territory); or (b) where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by a public authority specified in the declaration, or are employees of a public authority specified in the declaration: (i) at the request or direction of the public authority; or (ii) for the benefit of the public authority. (2H) A declaration under subsection (2F) has effect according to its terms. (3) The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking. 8 Meaning of workplace (1) A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. (2) In this section, place includes: (a) a vehicle, vessel, aircraft or other mobile structure; and (b) any waters and any installation on land, on the bed of any waters or floating on any waters. 9 Examples and notes (1) An example at the foot of a provision forms part of this Act. (2) A note at the foot of a provision forms part of this Act. Division 4—Application of Act 10 Act binds the Commonwealth (1) This Act binds the Commonwealth. (2) The Commonwealth is liable for an offence against this Act. (3) Without limiting subsection (1), the Commonwealth is liable for a contravention of a WHS civil penalty provision. 11 Extraterritorial application This Act extends to every external Territory. 12 Scope The Commonwealth and public authorities (1) This Act applies in relation to each of the following: (a) if the Commonwealth is conducting a business or undertaking: (i) the Commonwealth; and (ii) an officer of the Commonwealth; (b) if a public authority is conducting a business or undertaking: (i) the public authority; and (ii) an officer of the public authority; (c) to the extent that a person is a worker and carries out work in any capacity for a business or undertaking conducted by the Commonwealth or a public authority—that person; (d) to the extent that a person is a worker and is taken to carry out work for a business or undertaking conducted by the Commonwealth or a public authority because of section 7—that person; (e) if work is carried out by a worker at a place (as defined for the purposes of section 8) for a business or undertaking conducted by the Commonwealth or a public authority—that place; (f) if work is taken to be carried out by a worker at a place (as defined for the purposes of section 8) for a business or undertaking conducted by the Commonwealth or a public authority because of section 7—that place. (2) For the purposes of this Act, the administration of the Australian Capital Territory or the Northern Territory is not a business or undertaking conducted by the Commonwealth. (3) A corresponding WHS law does not apply in relation to the Commonwealth or a public authority. Non‑Commonwealth licensees (4) During the transitional period for a non‑Commonwealth licensee, this Act applies in relation to each of the following: (a) if the non‑Commonwealth licensee is conducting a business or undertaking—the non‑Commonwealth licensee; (b) to the extent that a person carries out work in any capacity for the non‑Commonwealth licensee—the person; (c) if work is carried out at a place (as defined for the purposes of section 8) for a business or undertaking conducted by the non‑Commonwealth licensee—that place. (5) During the transitional period for a non‑Commonwealth licensee, a corresponding WHS law does not apply in relation to the non‑Commonwealth licensee. (6) The transitional period for a non‑Commonwealth licensee: (a) begins on the commencement of this Act; and (b) ends on a day prescribed by the regulations for the non‑Commonwealth licensee, or a class of non‑Commonwealth licensees of which the non‑Commonwealth licensee is a member. (7) The regulations may make provisions of a transitional, application or saving nature relating to non‑Commonwealth licensees. (8) Without limiting subsection (7), regulations made for the purposes of that subsection may make modifications to the provisions of this Act, the Occupational Health and Safety Act 1991 and any instrument made under this Act or the Occupational Health and Safety Act 1991. Concurrent operation (9) Both this Act and a corresponding WHS law may apply in relation to a worker or a workplace. Double jeopardy (10) If a person is convicted of an offence under this Act in relation to an act or omission, the person is not liable to be convicted of the same offence under a corresponding WHS law in relation to the same act or omission. (11) If a person is convicted of an offence under a corresponding WHS law in relation to an act or omission, the person is not liable to be convicted of the same offence under this Act in relation to the same act or omission. (12) If a monetary penalty is imposed on a person under this Act in relation to an act or omission that contravenes a WHS civil penalty provision, the person is not liable to a monetary penalty under a corresponding WHS law for the contravention of the same WHS civil penalty provision under that law by the same act or omission. (13) If a monetary penalty is imposed on a person under a corresponding WHS law in relation to an act or omission that contravenes a WHS civil penalty provision, the person is not liable to a monetary penalty under this Act for the contravention of the same WHS civil penalty provision under this Act by the same act or omission. 12A Act does not apply to certain vessels, structures and facilities (1) This Act does not apply in relation to any vessel (including a ship or a barge) or any structure to which the Occupational Health and Safety (Maritime Industry) Act 1993 applies. (2) This Act does not apply in relation to a facility to which Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies. 12B Duty to consult etc. where law of more than one jurisdiction applies to the same matter If a person has a duty in relation to a matter under this Act and another person has a duty under a corresponding WHS law in relation to the same matter, the person who has the duty under this Act must consult, co‑operate and co‑ordinate activities with the other person. 12C Act not to prejudice national security (1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia's national security. (2) Without limiting the generality of subsection (1), the Director‑General of Security may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director‑General of Security. (2A) Without limiting the generality of subsection (1), the Director‑General of ASIS may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director‑General of ASIS. (2AA) Without limiting the generality of subsection (1), the Director‑General of the Australian Signals Directorate may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director‑General of the Australian Signals Directorate. (2B) Without limiting the generality of subsection (1), the Australian Border Force Commissioner may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to an Australian Border Force worker. (2C) The Australian Border Force Commissioner must consult the Immigration and Border Protection Secretary and the Director‑General of Security before making an instrument under subsection (2B). (3) A declaration under subsection (2), (2A), (2AA) or (2B) may only be made with the approval of the Minister and, if made with that approval, has effect according to its terms. (4) In administering the Australian Security Intelligence Organisation and in the exercise of the power under subsection (2), the Director‑General of Security must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia's national security. (5) In administering the Australian Secret Intelligence Service and in the exercise of the power under subsection (2A), the Director‑General of ASIS must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of national security. (5A) In administering the Australian Signals Directorate and in the exercise of the power under subsection (2AA), the Director‑General of the Australian Signals Directorate must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of national security. (6) In controlling the operations of the Australian Border Force and in the exercise of the power under subsection (2B), the Australian Border Force Commissioner must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia's national security. 12D Act not to prejudice Australia's defence (1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia's defence. (2) Without limiting the generality of subsection (1), the Chief of the Defence Force may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to such modifications as are set out in the declaration, in relation to: (a) a specified activity; or (b) a specified member of the Defence Force; or (c) members of the Defence Force included in a specified class of such members. (2A) Without limiting the generality of subsection (1), the Australian Border Force Commissioner may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to such modifications as are set out in the declaration, in relation to: (a) a specified operation of the Australian Border Force; or (b) a specified Australian Border Force worker; or (c) Australian Border Force workers included in a specified class of such workers. (2B) The Australian Border Force Commissioner must consult the Immigration and Border Protection Secretary and the Chief of the Defence Force before making an instrument under subsection (2A). (3) A declaration under subsection (2) or (2A) may only be made with the approval of the Minister and, if made with that approval, has effect according to its terms. (4) In the exercise of the power under subsection (2), the Chief of the Defence Force must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia's defence. (5) In the exercise of the power under subsection (2A), the Australian Border Force Commissioner must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia's defence. 12E Act not to prejudice certain police operations (1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to: (a) an existing or future covert operation of the Australian Federal Police; or (b) an existing or future international operation of the Australian Federal Police. Note 1: Under section 12C, this Act does not require or permit a person to take action or refrain from taking action if that action would be, or could reasonably be expected to be, prejudicial to Australia's national security. This might occur, for example, where the Australian Federal Police work in cooperation with an intelligence agency or respond to an imminent terrorist threat. Note 2: Under section 12D, this Act does not require or permit a person to take action or refrain from taking action if that action would be, or could reasonably be expected to be, prejudicial to Australia's defence. (2) In this section: AFP appointee has the same meaning as in the Australian Federal Police Act 1979. covert operation means the performance of a function or service under section 8 of the Australian Federal Police Act 1979 where knowledge of the operation by an unauthorised person, may: (a) reduce the effectiveness of the performance of the function or service; or (b) expose a person to the danger of physical harm or death arising from the actions of another person. Note: A covert operation might, for example, include an undercover operation to identify those involved in drug trafficking, but would not include general duties policing. international operation means an operation to maintain order in a foreign country where: (a) because of the environment in which the operation is undertaken, it is not reasonably practicable to eliminate risks to the health and safety of an AFP appointee involved in the operation; and (b) the Commissioner of the Australian Federal Police has taken all steps reasonably practicable to minimise risks to the health and safety of an AFP appointee involved in the operation. unauthorised person in relation to a covert operation, means a person, including an AFP appointee, who is not involved in the approval, planning or execution of the operation. 12F Interaction with Commonwealth criminal law Application of the Crimes Act 1914 (1) Section 4AB of the Crimes Act 1914 does not apply to the provisions of this Act. Application of the Criminal Code (2) Strict liability applies to each physical element of each offence under this Act, unless otherwise stated. (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against this Act. (4) Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) does not apply to an offence against this Act. Note: For the purposes of this Act, corporate criminal responsibility is dealt with by Division 4 of Part 13 of this Act. Part 2—Health and safety duties Division 1—Introductory Subdivision 1—Principles that apply to duties 13 Principles that apply to duties This Subdivision sets out the principles that apply to all duties that persons have under this Act. Note: The principles will apply to duties under this Part and other Parts of this Act such as duties relating to incident notification and consultation. 14 Duties not transferrable A duty cannot be transferred to another person. 15 Person may have more than 1 duty A person can have more than 1 duty by virtue of being in more than 1 class of duty holder. 16 More than 1 person can have a duty (1) More than 1 person can concurrently have the same duty. (2) Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty. (3) If more than 1 person has a duty for the same matter, each person: (a) retains responsibility for the person's duty in relation to the matter; and (b) must discharge the person's duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. 17 Management of risks A duty imposed on a person to ensure health and safety requires the person: (a) to eliminate risks to health and safety, so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable. Subdivision 2—What is reasonably practicable 18 What is reasonably practicable in ensuring health and safety In this Act, reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including: (a) the likelihood of the hazard or the risk concerned occurring; and (b) the degree of harm that might result from the hazard or the risk; and (c) what the person concerned knows, or ought reasonably to know, about: (i) the hazard or the risk; and (ii) ways of eliminating or minimising the risk; and (d) the availability and suitability of ways to eliminate or minimise the risk; and (e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk. Division 2—Primary duty of care 19 Primary duty of care (1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of: (a) workers engaged, or caused to be engaged by the person; and (b) workers whose activities in carrying out work are influenced or directed by the person; while the workers are at work in the business or undertaking. (2) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. (3) Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable: (a) the provision and maintenance of a work environment without risks to health and safety; and (b) the provision and maintenance of safe plant and structures; and (c) the provision and maintenance of safe systems of work; and (d) the safe use, handling and storage of plant, structures and substances; and (e) the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and (f) the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and (g) that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking. (4) If: (a) a worker occupies accommodation that is owned by or under the management or control of the person conducting the business or undertaking; and (b) the occupancy is necessary for the purposes of the worker's engagement because other accommodation is not reasonably available; the person conducting the business or undertaking must, so far as is reasonably practicable, maintain the premises so that the worker occupying the premises is not exposed to risks to health and safety. (5) A self‑employed person must ensure, so far as is reasonably practicable, his or her own health and safety while at work. Note: A self‑employed person is also a person conducting a business or undertaking for the purposes of this section. Division 3—Further duties of persons conducting businesses or undertakings 20 Duty of persons conducting businesses or undertakings involving management or control of workplaces (1) In this section, person with management or control of a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control, in whole or in part, of the workplace but does not include: (a) the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or (b) a prescribed person. (2) The person with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person. 21 Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces (1) In this section, person with management or control of fixtures, fittings or plant at a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control of fixtures, fittings or plant, in whole or in part, at a workplace, but does not include: (a) the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or (b) a prescribed person. (2) The person with management or control of fixtures, fittings or plant at a workplace must ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person. 22 Duties of persons conducting businesses or undertakings that design plant, substances or structures (1) This section applies to a person (the designer) who conducts a business or undertaking that designs: (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or (b) a substance that is to be used, or could reasonably be expected to be used, at a workplace; or (c) a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The designer must ensure, so far as is reasonably practicable, that the plant, substance or structure is designed to be without risks to the health and safety of persons: (a) who, at a workplace, use the plant, substance or structure for a purpose for which it was designed; or (b) who handle the substance at a workplace; or (c) who store the plant or substance at a workplace; or (d) who construct the structure at a workplace; or (e) who carry out any reasonably foreseeable activity at a workplace in relation to: (i) the manufacture, assembly or use of the plant for a purpose for which it was designed, or the proper storage, decommissioning, dismantling or disposal of the plant; or (ii) the manufacture or use of the substance for a purpose for which it was designed or the proper handling, storage or disposal of the substance; or (iii) the manufacture, assembly or use of the structure for a purpose for which it was designed or the proper demolition or disposal of the structure; or Example: Inspection, operation, cleaning, maintenance or repair of plant. (f) who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a),