Equipment (Public Safety) Amendment (Notice of Dangerous Occurrence) Regulations 2024 (Vic)

Equipment (Public Safety) Amendment (Notice of Dangerous Occurrence) Regulations 2024

S.R. No. 22/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Interpretation

6Regulation 45 substituted

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Endnotes

STATUTORY RULES 2024

S.R. No. 22/2024

Equipment (Public Safety) Act 1994

Equipment (Public Safety) Amendment (Notice of Dangerous Occurrence) Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 9 April 2024

Responsible Minister:

DANNY PEARSON
Minister for WorkSafe and the TAC

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Equipment (Public Safety) Regulations 2017 to ensure that obligations to provide notice of dangerous occurrences are consistent with similar obligations under the Occupational Health and Safety Act 2004 and the Occupational Health and Safety Regulations 2017.

2Authorising provision

These Regulations are made under section 36 of the Equipment (Public Safety) Act 1994.

3Commencement

These Regulations come into operation on 1 July 2024.

4Principal Regulations

In these Regulations, the Equipment (Public Safety) Regulations 2017[1] are called the Principal Regulations.

5Interpretation

In regulation 5(1) of the Principal Regulations, in the definition of powered mobile prescribed equipment, after "means" insert "prescribed".

6Regulation 45 substituted

For regulation 45 of the Principal Regulations substitute—

"45   Notice of dangerous occurrence

A person in charge of prescribed equipment at an equipment site who becomes aware of an incident at the site involving prescribed equipment must immediately notify the Authority if—

(a)the incident exposes a person to a serious risk to the person's health or safety; and

(b)the serious risk emanates from an immediate or imminent exposure to any of the following—

(i)an implosion, explosion or fire;

(ii)the collapse, overturning, failure or malfunction of, or damage to, prescribed equipment, other than prescribed equipment referred to in regulation 6(1)(a) or (f).

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.".

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ENDNOTES

[1] Reg. 4: S.R. No. 23/2017.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.