Commerce Regulations Amendment (Work Health and Safety) Regulations 2022 (WA)

530 GOVERNMENT GAZETTE, WA 11 March 2022

COMMERCE

CM301

Building Act 2011 Electricity Act 1945

Plumbers Licensing Act 1995

Commerce Regulations Amendment (Work

Health and Safety) Regulations 2022

SL 2022/26

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.             Citation

These regulations are the Commerce Regulations Amendment
(Work Health and Safety) Regulations 2022.

2.             Commencement

These regulations come into operation as follows —

(a) Part 1 — on the day on which these regulations are

published in the Gazette;

(b) the rest of the regulations — on the day on which the

Work Health and Safety Act 2020 Part 15 comes into operation.

11 March 2022 GOVERNMENT GAZETTE, WA 531

Part 2 — Building Regulations 2012 amended

3.             Regulations amended

This Part amends the Building Regulations 2012.

4.             Regulation 14A amended

(1)	In regulation 14A(1) delete the definition of Commissioner.
(2)	In regulation 14A(1) insert in alphabetical order:

WorkSafe Commissioner means the person appointed under the Work Health and Safety Act 2020 Schedule 1 Division 1.

(3)	In regulation 14A(1) in the definition of Statistician delete
“section 3.” and insert:
section 3;
(4)	In regulation 14A(3) delete “Occupational Safety and Health
Regulations 1996 regulation 2.10 may be disclosed to the
Commissioner.” and insert:
Work Health and Safety (General) Regulations 2022
regulation 315A may be disclosed to the regulator.

5.             Regulation 19 amended

In regulation 19(2)(b) delete “Occupational Safety and Health
Regulations 1996 regulation 3.119;” and insert:

Work Health and Safety (General) Regulations 2022

regulation 142F; 

532 GOVERNMENT GAZETTE, WA 11 March 2022

6.             Regulation 22 amended

In regulation 22(b) delete “Occupational Safety and Health
Regulations 1996 regulation 3.116(2),” and insert:

Work Health and Safety (General) Regulations 2022

regulation 142R(3) —

7.             Regulation 31BA amended

(1)	In regulation 31BA(1A) in the definition of relevant building
paragraph (c) delete “relocated.” and insert:
relocated;
(2)	In regulation 31BA(1A) in the definition of renovation,
alteration, extension, improvement or repair delete “building;”
and insert:
building.

Part 3 — Electricity (Licensing) Regulations 1991

amended

8.             Regulations amended

This Part amends the Electricity (Licensing) Regulations 1991.

9.             Regulation 3 amended

In regulation 3(1) delete the definition of mine and insert:

mine has the meaning given in the Work Health and
Safety (Mines) Regulations 2022 regulation 5A;

10.           Regulation 50AA amended

(1) In regulation 50AA(1) delete the definition of agent and insert:

agent —

(a)	means a person who carries on a business of providing workers to carry out work for clients of the person; and
(b)	includes a group training organisation as defined in the Industrial Relations Act 1979 section 7(1);

11 March 2022 GOVERNMENT GAZETTE, WA 533

(2)	In regulation 50AA(1) in the definition of labour hire
arrangement delete “same meaning as in the Occupational Safety and Health Act 1984 section 23F;” and insert:
meaning given in subregulation (1A);
(3)	After regulation 50AA(1) insert:
(1A)	A labour hire arrangement exists if —

(a)	an agent has for remuneration agreed with a client to provide an electrical worker to carry out electrical work for the client; and
(b)	there is no contract of employment between the electrical worker and the client in relation to the electrical work; and
(c)	there is an agreement (which may be a contract of employment) between the electrical worker and the agent as to the carrying out of electrical work including in respect of remuneration and other entitlements; and
(d)	that agreement applies to the carrying out of the electrical work by the electrical worker for the client.

(4)	In regulation 50AA(2) delete “is to” and insert:
must
(5)	In regulation 50AA(3):

(a) delete “is to” and insert:

must

(b) delete “his or her” and insert:

their

11.           Regulation 54A amended

In regulation 54A(1) in the definition of competent person

delete “Occupational Safety and Health Regulations 1996

regulation 1.3;” and insert:

Work Health and Safety (General) Regulations 2022

regulation 5;

534 GOVERNMENT GAZETTE, WA 11 March 2022

12.           Regulation 55 amended

(1) In regulation 55(2)(c):

(a) delete “Occupational Safety and Health

Regulations 1996 regulation 3.143 does not apply to the

work,” and insert:

Work Health and Safety (General) Regulations 2022

regulation 299 does not apply to the work —

(b) delete “regulation 3.143(4) of those regulations, as” and

insert:

regulation 299(2) and (3) of those regulations as

(2)	In regulation 55(4)(a) delete “Occupational Safety and Health Regulations 1996 regulation 3.143” and insert:
Work Health and Safety (General) Regulations 2022
regulation 299

Part 4 — Plumbers Licensing and Plumbing Standards

Regulations 2000 amended

13.           Regulations amended

This Part amends the Plumbers Licensing and Plumbing
Standards Regulations 2000.

14.           Regulation 39 amended

In regulation 39(3) delete “occupational safety and health” and

insert:

work health and safety

V. MOLAN, Clerk of the Executive Council.