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Infringement notices

SafeWork SA Inspectors can issue infringement notices - on the spot fines - for a range of offences under the South Australian laws administered by the agency. Prosecution is avoided by paying within the 28 day due date, inclusive of a $60 Victims of Crime Levy that's added to the expiation fee.

If you wish to challenge an infringement notice you can:

  1. apply to SafeWork SA for a review of the notice on the grounds that the offence was trifling, or
  2. elect to be prosecuted - you'll need to complete the election to be prosecuted tear-off slip and forward it to SafeWork SA, or
  3. apply to the Registrar of the Magistrates Court of South Australia for relief on the basis that payment of the fee in full would cause hardship.

Here is a full list of potential breaches and associated penalty fees.

Work Health and Safety Act 2012 (SA)

An infringement notice may be issued for these offences pursuant to regulation 704 of the Work Health and Safety Regulations 2012 (SA)

Section Offence Penalty - Individual Penalty - Corporate
38(7) Duty to notify of notifiable incidents $600 $3000
70(1)(c), (d) or (e) General obligations of person conducting business or undertaking $720 $3600
70(2) General obligations of person conducting business or undertaking $720 $3600
72(7) Obligation to train health and safety representatives $720 $3600
74(1) List of health and safety representatives $240 $1200
75(1) Health and safety committees $600 $3000
79(3) Duties of person conducting business or undertaking $720 $3600
79(4) Duties of person conducting business or undertaking $720 $3600
97(1) Display of provisional improvement notice $600 $3000
193 Compliance with improvement notice $720 $3600
273 Person not to levy workers $600 $3000
Work Health and Safety Regulations 2012 (SA)
Regulation Description Penalty - Individual Penalty - Corporate
46(2)-(4) Duties of worker $432 $2160
48 Remote or isolated work $720 $3600
50(1) and (3) Monitoring airborne contaminant levels $720 $3600
50(2) (Record keeping) $144 $720
66(2)and (5) Managing risks to health and safety (duty to prepare risk assessment and keep it up-to-date) $432 $2160
67(4) Confined space entry permit (ensuring no-one is left in the space inadvertently) $720 $3600
68(1) Signage $432 $2160
69 Communication and safety monitoring $720 $3600
72(1)and (2) Specific control - flammable gases and vapours $720 $3600
76(2) Information, training and instruction for workers (training records to be kept] $144 $720
77(2)-(4) Confined space entry permit and risk assessment must be kept $144 $720
77(5) Confined space entry permit and risk assessment must be kept (worker access etc.) $432 $2160
85(1)-(3) Evidence of Licence - PCBU $432 $2160
85(4) Evidence of Licence - PCBU (record-keeping) $144 $720
94(1) Licence document to be available (HRW) $144 $720
96 Notice of change of address $144 $720
97 Licence holder to return licence (amended HRW licence) $144 $720
98(1) Replacement licence document (HRW licencing) $144 $720
111 Licence holder to return licence document (HRW licence suspension/cancellation) $144 $720
124(1)and (2) Accreditation document to be available (accredited assessors) $144 $720
125 Changes to information (accredited assessors) $144 $720
126 Accredited assessor to return accreditation document $144 $720
127 Replacement accreditation document $144 $720
139 Accredited assessor to return accreditation document (suspension/cancellation of accreditation) $144 $720
142 Notice of demolition work $144 $720
150(1)and (2) Inspection and testing of electrical equipment $432 $2160
150(3) Inspection and testing of electrical equipment (record of testing) $144 $720
154 Electrical work on energised electrical equipment - prohibited $720 $3600
155(1)and (2) Duty to determine whether equipment is energised $720 $3600
159 Unauthorised access to equipment being worked on $720 $3600
160 Contact with equipment being worked on $720 $3600
165(1) Testing of residual current devices $432 $2160
165(2) Testing of residual current devices (recordkeeping) $144 $720
170 Duty to keep certificate of medical fitness $144 $720
175(1)-(3) Evidence of competence (diving work) $144 $720
180 Additional control - dive safety log to be kept $144 $720
181(2)-(4) Use of dive safety log $144 $720
182(2),
(3)and (5)
Record keeping (diving work) $144 $720
224(1)and (2) Pressure equipment $432 $2160
226(1),
(3),(4)
Plant with presence-sensing safeguarding system -records $144 $720
228 Records and information (designers of plant) $144 $720
229(1)and (2) Records of standards or engineering principles used (designers of plant) $144 $720
230(1)-(3) Records to be available for inspection (designers of plant) $144 $720
237(2),(4) and (5) Records of plant $144 $720
238(2) Operation of amusement devices  $720 $3600
253 Duty of design verifier $432 $2160
254 Design verification statement not to be made in certain circumstances $432 $2160
260(3)-(5) Plant design registration number $144 $720
262(1) Registration document to be available (plant designs) $144 $720
273(3)and (4) Plant registration number $144 $720
275(1) Registration document to be available (items of plant) $144 $720
282 Changes to information (plant/design registration) $144 $720
287 Registration holder to return registration document (plant/design registration) $144 $720
288(1) Replacement registration document (plant/design registration) $144 $720
295(1) Designer must give safety report to person who commissions design $432 $2160
296 Person who commissions project must give information to principal contractor $432 $2160
301 Safe work method statement- copy to be given to principal contractor (high risk construction work) $432 $2160
302 Review of safe work method statement (high risk construction work) $432 $2160
303(1)and (2) Safe work method statement must be kept (high risk construction work) $144 $720
303(3) Safe work method statement must be kept (high risk construction work) [Worker access etc.] $432 $2160
304(2)-(4) Excavation work - underground essential services information $432 $2160
304(5) Excavation work - underground essential services information (information access) $144 $720
308 Specific control measure - signage identifying principal contractor $432 $2160
312 High risk construction work - safe work method statements $432 $2160
313(1)-(4) Copy of WHS management plan must be kept $144 $720
316 Duty to provide general construction induction training $432 $2160
326(1)and (2) Duties of workers (general construction induction training) $144 $720
378(1)and (2) Health monitoring records (hazardous chemicals) $144 $720
387(2) Statement of exposure to be provided to workers (hazardous chemicals) $432 $2160
388(2)and (3) Records to be kept (hazardous chemicals) $432 $2160
390(2)and (3) Pipeline builder's duties $144 $720
391(3) Management of risks to health and safety by pipeline operator $144 $720
409 Duty to pay costs of health monitoring $432 $2160
415(2) Removal of worker from lead risk work $432 $2160
418(1)and (2) Health monitoring records (lead) $144 $720
423(2) Analysis of sample (asbestos) $144 $720
425(1) and (2) Asbestos register $432 $2160
426 Review of asbestos register $432 $2160
427(1) and (2) Access to asbestos register $432 $2160
429(5) Asbestos management plan (worker access) $432 $2160
432(5) Asbestos management plan (management of naturally occurring asbestos) $432 $2160
438(1) and (2) Duty to pay costs of health monitoring $432 $2160
444(1) and (2) Health monitoring records (asbestos) $144 $720
445(3) and (4) Duty to train workers about asbestos (records of training) $144 $720
449 Duty to give asbestos register to PCBU of demolition or refurbishment $720 $3600
450 Duty to obtain asbestos register $720 $3600
451(5) Determining presence of asbestos or ACM (notification: owner, occupier) $432 $2160
461(1) and (2) Licensed asbestos removalist must keep training records $144 $720
464(3) Asbestos removal control plan $432 $2160
465(1)-(3) Asbestos removal control plan to be kept and available $432 $2160
482(3) Air monitoring (asbestos-related work) $432 $2160
505 Licence document to be available (asbestos removalists and assessors) $144 $720
506 Changes to information (asbestos removalists and assessors) $144 $720
507(1) Change to nominated supervisor (asbestos removalists) $144 $720
512 Licence holder to return licence (asbestos removalists and assessors) $144 $720
513(1) Replacement licence document (asbestos removalists and assessors) $144 $720
525 Licence holder to return licence document (asbestos removalists and assessors) $144 $720
529 Work must be supervised by named supervisor (asbestos removalists) $432 $2160
555(4) Safety assessment (major hazard facilities) $720 $3600
572(4) Information for local community - general (major hazard facilities) $144 $720
587(1) Licence document to be available (major hazard facilities) $144 $720
588(1) Changes to information (major hazard facilities) $144 $720
593 Operator to return licence (major hazard facilities) $144 $720
594 Replacement licence document (major hazard facilities) $144 $720
607 Operator to return licence document (major hazard facility licence suspension/cancellation) $144 $720
Dangerous Substances Regulations 2002
Regulation Description Penalty
68 Contravention/failure to comply with regulations (general offence) $210
Dangerous Goods Transport Regulations 2008
Regulation Description Penalty - Individual Penalty - Corporate
37 Failure to comply with licence condition $800 $4000
40(2) Produce licence to competent authority upon request $130 -
40(3) Return of licence upon cancellation or suspension $130 $650
42 Driver to always carry Dangerous Goods drivers licence $130 -
43(2) Vehicle must have current licence label attached when transporting dangerous goods $130 -
43(3) Prime contractor can only use vehicle if the current licence label is attached $130 $650
47 Prime contractor must produce evidence of insurance policy for vehicle or approval under regulation 157(2) $260 $1300
48(3) Person must not manage or supervise transport and associated activities unless they have relevant training and instruction $800 -
54 Cannot sell, supply or offer to supply non-compliant packaging $800 $4000
57 Owners duties in relation to MEGC tank $800 $4000
60 Loader's duties: must not load goods with unsuitable packaging $800 $4000
62 Driver's duties: must not drive goods with unsuitable packaging $800 -
65 Loader's duties in relation to non-compliant overpacks $400 $2000
66 Prime contractor or rail operator's duties in relation to non-compliant overpacks $400 $2000
67 Drivers duties in relation to non-compliant overpacks $260 $1300
71 Loader's duties in relation to defective or damaged packaging $800 $4000
72 Prime contractor or rail operator's duties in relation to damaged or defective packaging $800 $4000
73 Driver's duties in relation to damaged or defective packaging $400 -
75(3)(a) Consignor's duties in relation to mislabelled packages- for large packaging or an overpack $400 $2000
75(3)(b) Consignor's duties in relation to mislabelled packages- any other offences $130 $650
76(3)(a) Packers duties: must not mislabel packaging- for large packaging or an overpack $400 $2000
76(3)(b) Packers duties: must not mislabel packaging- for any other offence $130 $650
77(1)(a) Prime contractor or rail operator's duties in relation to the transportation of mislabelled or incorrectly packaged goods- for a large package or an overpack $400 $2000
77(1)(b) Prime contractor or rail operator's duties in relation to the transportation of mislabelled or incorrectly packaged goods- for any other offence $130 $650
77(3)(a) Prime contractor or rail operator must not transport goods mislabelled as dangerous goods- for a large package or an overpack $400 $2000
77(3)(b) Prime contractor or rail operator must not transport goods mislabelled as dangerous goods- for any other offence $130 $650
79(3) Consignor's duty re use of mis-placarded loads $800 $4000
80(1) Loader's duties: must ensure load is appropriately placarded $800 $4000
80(3) Loader's duties: must not placard a load that does not contain dangerous goods $800 $4000
81(3) Prime contractor must not use transport that is inappropriately placarded $800 $4000
82(1) Driver must not drive load that is not placarded and should be $400 -
82(2) Driver must not drive a misleading or falsely placarded load $400 -
82(3) Driver must not drive a load that is placarded and does not contain dangerous goods $400 -
85 Loader's duties: must not load goods onto transport vehicle that does not comply with ADG code $400 $2000
86 Prime contractor or rail operation must not use transport that does not comply with ADG code $800 $4000
87 Driver duties: must not drive vehicle that does not comply with ADG Code $400 -
88 Owner's duties in relation to placarded vehicle requirements $800 $4000
89 Prime contractor's or rail operator's duties in relation to placarded vehicle requirements $800 $4000
90(1) Driver's duties in relation to placarded vehicle requirements $260 -
90(2) Driver's duties in relation to transporting a placard load $260 -
96 Driver's duties: must not drive a load that does not comply with ADG Code $260 -
97(1) Consignor's duties in relation to the correct method for stowing, loading and restraint of a load $400 $2000
97(2) Consignor duties in relation to transportation if a load will not comply with chapter 8.2 of ADG Code $400 $2000
98(1) Loader's duties: must ensure goods are loaded in compliance with chapter 8.1 of ADG Code $400 $2000
98(2) Loader's duties: must ensure proper restraint as per chapter 8.2 of ADG Code $400 $2000
99(1) Prime contractor or rail operator's duties in relation to the correct stowage, loading and restraint of a load $400 $2000
99(2) Prime contractor or rail operator's duties in relation to proper restraint of load $400 $2000
100(1) Driver's duties in relation to proper stowage, loading and restrain of a load $260 -
100(2) Driver's duties in relation to the proper restraint of a load $260 -
107 Driver's duties: must not drive load that should be segregated and is not $260 -
109(1) Transferor's duties: must not use damaged or defective hose assembly to transfer goods $400 -
109 (2) Transferor's duties: must not use hose assembly that does not comply with ADG Code $800 -
110(1) Transferor's duties: must ensure goods are transferred in compliance with the ADG Code $400 -
110(2) Transferor's duties: must not transfer goods that are incompatible with equipment $400 -
110(3) Transferor's duties: if a leak occurs the transfer must cease immediately until the issue is rectified $400 -
114 Transferor's duties: must ensure compliance with the code in relation to the transfer of goods into a tank $400 -
115 Prime contractor or rail operator's duties in relation to compliance with the code re tanks $400 $2000
116 Driver's duties: must not drive a road tank that does not comply with ADG Code $400 -
118(1) Consignor's duties to not use transport where the appropriate paperwork has not been provided $260 $1300
118(2) Consignor's duties to not use transport where the load will be split and the appropriate paperwork has not been provided $260 $1300
119 Consignor's duties for transport via rail: must not utilise transport if appropriate paper work has not been provided $260 $1300
120 Prime contractor must not transport goods via road vehicles unless driver's have appropriate documentation $400 $2000
121 Rail operator must not transport goods via rail unless the driver of the rail train has appropriate documentation $400 $2000
122(1) Driver's duties: must ensure dangerous goods transport paperwork is carried $260 -
122(2) Driver must produce dangerous goods transport paperwork upon request $260 -
123(1) Train driver must not transport goods unless appropriate paperwork is held on-board $260 -
123(2) Train driver must produce documents upon request $260 -
125 Consignor must not consign load unless required emergency paper work is available on the vehicle $260 $1300
126 Prime contractor must not use placard transport if emergency information is not available $400 $2000
127 Rail operator must not transport placard load if required emergency information is not in the driver's cab $400 $2000
128(1) Driver must not drive road vehicle with placard load if it does not contain emergency information $260 -
128(2) Driver must ensure emergency information folder contains the right information $130 -
128(3) Driver must produce emergency information upon request $260 -
129(1) Train driver must not drive train unless required emergency information is in the driver's cab $260 -
129(2) Train driver must present emergency information upon request $260 -
130 Driver must not let anyone else ride in road vehicle unless in accordance with ADG Code $130 -
131 Driver of a road vehicle must not park in private or public park unless in accordance with ADG Code $260 -
132(2) Driver must not have in possession lighter or matches or smoke in vehicle $800 -
132(3) Driver must ensure that no one in vehicle has lighter or matches or smoke in the vehicle $800 -
133 Driver must ensure placard load is dealt with in accordance to ADG Code $800 -
134 Driver must not allow trailer to become detached unless in accordance with ADG Code $800 -
135 Driver must only operate burners on a placard load in accordance with ADG Code $800 -
136 Prime contractor or rail operator must not transport goods contrary to regulations $400 $2000
137 Driver must not drive road vehicle with load contrary to regulations $400 -
139 Driver must alert other road users to hazard $130 -
140(1) Prime contractor responsible for any vehicle repairs $400 $2000
140(2) Prime contractor must remove dangerous goods if possible $400 $2000
150 Consignor must not consign transport for goods if special conditions will be contravened $400 $2000
Explosives Act 1936
Section Description Penalty
23(3) Keeping of explosives $315
Explosives Regulations 1996
Regulation Description Penalty
6.02-6.10 Contravention or failure to comply with a requirement of Part 6 (packaging and labelling of explosives) $100
14.01; 14.03-04; 14.08-09; 14.11; 14.11A; 14.12 Contravention or failure to comply with a requirement of Part 14 (sale of explosives other than fireworks) $100
15.01-03; 15.06-07; 15.07A; 15.07B; 15.07C; 15.08; 15.10-11 Contravention or failure to comply with a requirement of Part 15 (miscellaneous) $100
Explosives (Fireworks) Regulations 2001
Regulation Description Penalty
6 Unlawful sale, supply or possession of fireworks $315 (possession/ custody of
< 3kg (gross) of fireworks)
7(2) Reloadable mortar to be removed from certain imported fireworks by owner/importer $210
9(1) Requirement to hold pyrotechnician's licence (personal use) $315 (possession/ custody of
< 3kg (gross) of fireworks)
9(2) Requirement to hold pyrotechnician's licence (conducting fireworks/special effects display) $315 (possession/ custody of
< 3kg (gross) of fireworks)
22(7) Contravene/fail to comply with an exempt display permit condition $315
31 Contravene/fail to comply with conditions of licence $315
37 Production of licences, permits and records upon request $315

Related Information

Explosives Act and Regulations

Petroleum Products Regulation Act 1995
Section Description Penalty
52 Records to be kept of bulk transport of petroleum products $200
53(1) Records to be kept by persons who carry on a petroleum products business $200
53(3) Records to be kept by persons who purchase petroleum products pursuant to a certificate $200