South Australian Current Acts South Australian Current Acts12—Duty in relation to plant
(1) This section
applies to any plant that is used, or that is reasonably expected to be used,
in connection with any dangerous substance.
(2) A person who is in
charge of any plant to which this section applies must—
(a) take
such precautions and exercise such care as is reasonable in the circumstances
in order to ensure that the plant is in a safe condition whenever it is used
in connection with a dangerous substance; and
(b)
ensure that the plant is in a safe condition when it is not in use.
(3) A person who uses
any plant to which this section applies must—
(a)
ensure that the plant is in a safe condition; and
(b) take
such precautions and exercise such care as is reasonable in the circumstances
in order to avoid endangering the health or safety of any other person, or the
safety of any other person's property (whether during the use of that plant,
or as a result of the use of that plant); and
(c)
ensure that the plant is left in a safe condition after use.
(4) A person who
performs, or supervises the performance of, any work on, or in relation to,
plant to which this section applies must take such precautions and exercise
such care as is reasonable in the circumstances in order to avoid endangering
the health or safety of any person (including himself or herself), or the
safety of any other person's property (whether during the performance of that
work, or as a result of the performance of that work).
(5) A person must not
misuse or damage any plant to which this section applies.
(6) A person who
contravenes or fails to comply with a provision of this section is guilty of
an offence.
Maximum penalty:
In the case of a body corporate—$250 000.
In any other case—$50 000 or imprisonment for 2 years, or both.