Factories, Shops and Industries Act 1962 Regulation relating to penalties (1991-634) [GG No 174 of 13.12.1991] (NSW)
1991—No. 634
FACTORIES, SHOPS AND INDUSTRIES ACT 1962—
REGULATION
(Relating to penalties)
NEW SOUTH WALES
[Published in Gazette No. I74 of 13 December 1991]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Factories, Shops and Industries Act 1962, has been pleased to make the Regulation set forth hereunder.
JOHN FAHEY
Minister for Industrial Relations and
Minister for Further Education,
Training and Employment.
Commencement
1. This Regulation commences on 1 January 1992.
Amendment of Abrasive Blasting Regulations
2. The Abrasive Blasting Regulations are amended:
(a)
by inserting in Regulation 2 (a), in alphabetical order, the following definition:
“Employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983.
(b) by inserting at the end of Regulation 13 the following words:
Maximum penalty: 5 penalty units (in the case of a contravention of paragraph (2) (c) or the relevant penalty
prescribed by Regulation 15 (in any other case).
1991—No. 634
| (c) |
by omitting Regulation 15 and by inserting instead the following Penalty
15. Any person who contravenes a provision of these Regulations is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation; or
(b) 50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her
capacity as an employee; or(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
(d) by omitting all italicised headings to Regulations.
Amendment of Bakehouse Regulations
3. The Bakehouse Regulations are amended:
(a) by omitting Regulation 13 (1);
(b) by inserting at the end of Regulation 13 (2) the following words:
Maximum penalty: 5 penalty units.
| (c) | by omitting Regulation 14 and by inserting instead the following Regulation: |
Occupier’s liability
14. (1) The occupier of the bakehouse must comply with the provisions of these Regulations.
(2) An occupier who contravenes a provision of these Regulations, other than Regulation 13 (2), is liable to a penalty not exceeding 50 penalty units in the case of a corporation or 25 penalty units in any other case.
(d) by omitting all italicised headings to Regulations.
Amendment of Bakehouses (Welfare) Regulations
4. The Bakehouses (Welfare) Regulations are amended:
(a) by inserting at the end of Regulation 3 the following words:
Maximum penalty: 50 penalty units in the case of a corporation or 25 penalty units in any other case.
(b) by inserting at the end of Regulation 4 the following words:
Maximum penalty: 5 penalty units.
1991—No. 634
(c) by omitting Regulation 5.
Amendment of Boiler and Pressure Vessel Regulations
5. The Boiler and Pressure Vessel Regulations are amended:
(a)
by inserting in Regulation 1 (4), in alphabetical order, the following definition:
“Employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983.
(b) by inserting at the end of Regulations 32, 33, 35, 37–39, 39A (1), 40, 46, 72 (1) and (6), 84, 89 and 90 the following words:
Maximum penalty: 25 penalty units.
(c) by omitting from Regulation 79 the matter “$200” and by inserting instead the words “10 penalty units”; (d) by omitting Regulation 91 and by inserting instead the following Penalty
91. Any person who contravenes a provision of these Regulations is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation; or
(b)
50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
Amendment of Chaff-cutting Machines (Safety) Regulation 1980
6. The Chaff-cutting Machines (Safety) Regulation 1980 is amended: (a) by inserting at the end of clause 6 the following words:
Maximum penalty: 100 penalty units in the case of a corporation or 50 penalty units in any other case.
(b) by inserting at the end of clause 7 the following words:
Maximum penalty: 25 penalty units.
(c) by omitting clause 9;
(d) by omitting all italicised headings to clauses.1991—No. 634
Amendment of Engine Drivers and Boiler Attendants Certification
Regulations
7. The Engine Drivers and Boiler Attendants Certification Regulations
are amended:
(a) by inserting at the end of Regulations 17 (1), 20 (1) and (2) and 21 the following words:
Maximum penalty: 25 penalty units.
(b) by inserting at the end of Regulation 17 (2) the following words:
Maximum penalty: 100 penalty units in the case of a corporation or 50 penalty units in any other case.
(c) by inserting at the end of Regulation 20 (3) the following words:
Maximum penalty: 10 penalty units.
(d) by omitting Regulation 22.
Amendment of Explosive-powered Tool Regulations
8. Explosive-powered Tool Regulations are amended:
(a) by inserting in Regulation 1 (2) (a), in alphabetical order, the following definition:
“Employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983.
(b) by inserting at the end of Regulation 8 the following words:
Maximum penalty: 25 penalty units.
(c) by omitting Regulation 10 and by imserting instead the following Penalty
10. Any person who contravenes a provision of these Regulations is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation; or
(b)
50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
1991—No. 634
Amendment of Factories (Health and Safety—Asbestos Processes)
Regulation 1984
9. The Factories (Health and Safety—Asbestos Processes) Regulation
1984 is amended:
(a)
by omitting from clause 4 (1) the definition of “employee” and by inserting instead the following definition:
“employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983;
(b) by inserting at the end of clauses 12 (8), 13, 16 and 18 the following words: Maximum penalty: 50 penalty units in the case of a corporation or 25 penalty units in any other case.
(c) by omitting clause 21 and by inserting instead the following
clause : Penalty
21. Any person who contravenes a provision of this Regulation is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation; or (b)
50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an
employee.
Amendment of Factories (Health and Safety—Circular Saws)
Regulations 1943
10. The Factories (Health and Safety—Circular Saws) Regulations
1943 are amended:
(a) by inserting at the end of Regulation 14 the following words:
Maximum penalty: 58 penalty units in the case of a corporation
or 25 penalty units in any other case.
(b) by omitting Regulation 15 and by inserting instead the following Penalty
15. Any person who Contravenes a provision of these Regulations is liable to a penalty (if a penalty is not otherwise provided) not exceeding 100 penalty units in the case of a corporation or 50 penalty units in any other case.
1991—No. 634
Amendment of Factories (Health and Safety—Dipping in Flammable
Solutions) Regulation 1976
11. The Factories (Health and Safety—Dipping in Flammable
Solutions) Regulation 1976 is amended:
(a) by inserting at the end of clauses 5 and 9 (1) the following words:
Maximum penalty: 100 penalty units in the case of a
corporation or 50 penalty units in any other case.
(b) by inserting at the end of clause 9 (2) and (3) the following words:
Maximum penalty: 25 penalty units.
(c) by omitting from clause 9 (3) the matter “$400” and by inserting instead the matter “$2,500”;
(d) by omitting clause 12;
(e) by omitting all italicised headings to clauses.
Amendment of Factories (Health and Safety) Electroplating
Regulation 1988
12. The Factories (Health and Safety) Electroplating Regulation 1988
is amended:
(a)
by inserting in clause 5 (1), in alphabetical order, the following definition:
“employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983;
(b) by omitting from clause 6 the matter “$2,000” and by inserting instead the words “100 penalty units in the case of a corporation or 50 penalty units in any other case”; (c) by omitting from clauses 7 and 25 the matter “$2,000” wherever occurring and by inserting instead the words “25 penalty units”; (d) by omitting from clause 22 the words “Maximum penalty: $2,000” and by inserting instead the following words:
Maximum penalty:
(a) 100 penalty units in the case of a corporation; or
(b)
50 penalty units in the case of an individual who commits an offence otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who commits an offence in his or her capacity as an employee.
(e) by omitting from clause 24 the matter “$2,000” and by inserting instead the words “50 penalty units in the case of a corporation or
25 penalty units in any other case’’.
1991—No. 634
Amendment of Factories (Health and Safety—Furnaces) Regulation
1983
13. The Factories (Health and Safety—Furnaces) Regulation 1983 is
amended:
(a)
by inserting in clause 4, in alphabetical order, the following definition:
“employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983;
(b) by inserting at the end of clauses 5 and 6 (1) the following words:
Maximum penalty:
(a) 100 penalty units in the case of a corporation; or
(b)
50 penalty units in the case of an individual who commits an offence otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who commits an offence in his or her capacity as an employee.
(c)
by inserting at the end of clauses 6 (2), 7, 11 (2) and 12 (2) the following words:
Maximum penalty: 100 penalty units in the case of a
corporation or 50 penalty units in any other case.
(d)
by inserting at the end of clauses 9, 10, 11 (1) and 12 (1) the following words:
Maximum penalty: 25 penalty units.
(e) by omitting Part III.
Amendment of Factories (Health and Safety) General Regulations
1913
14. The Factories (Health and Safety) General Regulations 1913 are
amended:
(a)
by omitting Regulation 2 and by inserting instead the following Regulation:
2. In these Regulations:
“employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983;
“the Act” means the Factories, Shop and Industries Act
1991—No. 634
(b) by omitting Regulation 18A and by inserting instead the following Penalty
18A. Any person who contravenes a provision of Regulation 12
or 14–17A is liable to a penalty not exceeding 50 penalty units in
the case of a corporation or 25 penalty units in any other case.
(c) by inserting at the end of Regulation 49 the following words:Maximum penalty: 50 penalty units in the case of a corporation
or 25 penalty units in any other case.
(d) by omitting Regulation 51 and by inserting instead the following Penalty
51. Any person who contravenes a provision of these Regulations is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation; or
(b)
50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
Amendment of Factories (Health and Safety—Hearing Conservation)
Regulation 1979
15. The Factories (Health and Safety—Hearing Conservation)
egulation 1979 is amended:
(a) by inserting at the end of clauses 4 (1), (3) and (4), 5 (1), (2), (3), (7) and (10), 6, 7 and 9 (1), (3) and (5) the following words: Maximum penalty: 100 penalty units in the case of a corporation or 50 penalty units in my other case.
(b) by inserting at the end of clauses 8, 11 (2) and 12 the following words: Maximum penalty: 50 penalty units in the case of a corporation or 25 penalty units in any other case.
(c) by inserting at the end of clause 10 the following words:
Maximum penalty: 25 penalty units.
(d) by omitting clause 14;
(e) by omitting all italicised headings to clauses.
1991—No. 634
Amendment of Factories (Health and Safety—Spray Painting)
Regulation 1977
16. The Factories (Health and Safety—Spray Painting) Regulation
1977 is amended: (a)
by inserting in clause 4, in alphabetical order, the following definition:
“employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983;
(b) by inserting at the end of clause 22 the following words: Maximum penalty: 50 penalty units in the case of a corporation
or 25 penalty units in any other case.
(c) by omitting clause 26 and by inserting instead the following Penalty
26. Any person who contravenes a provision of this Regulation is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation; or
(b)
50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
(d) by omitting all italicised headings to clauses.
Amendment of Foundry Regulations
17. The Foundry Regulations are amended:
(a)
by inserting in Regulation 1 (6) (a), in alphabetical order, the following definition:
“Employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983.
(b) by inserting at the end of Regulation 34 the following words:
Maximum penalty:
(a) 50 penalty units in the case of a corporation; or
(b)
25 penalty units in the case of an individual. who commits an offence otherwise than in his or her capacity as an employee; or
1991—No. 634
(c)
5 penalty units in the case of an individual who commits an offence in his or her capacity as an employee.
(c) by omitting Regulation 37 and by inserting instead the following Penalty
37. Any person who contravenes a provision of these Regulations is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation; or
(b)
50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
(d) by omitting all italicised headings to Regulations.
Amendment of Lead Regulations
18. The Lead Regulations are amended:
(a)
by inserting in Regulation 1 (5) (a), in alphabetical order, the following definition:
“Employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983.
(b) by inserting at the end of Regulation 14 the following words:
Maximum penalty: 50 penalty units in the case of a corporation
or 25 penalty units in any other case.
(c) by inserting after Regulation 16 (7) the following paragraph:
(8) The occupier of a factory must provide rooms, fixtures, furniture, fittings and appliances in accordance with this Regulation.
Maximum penalty: 50 penalty units in the case of a corporation or 25 penalty units in any other case.
(d) by omitting Regulation 21 and by inserting instead the following Penalty
21. Any person who contravenes a provision of these Regulations is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation; or
1991—No. 634
(b)
50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
(e) by omitting all italicised headings to Regulations.
Amendment of Local Government Industries (Machine Safety)
Regulation
19. The Local Government Industries (Machine Safety) Regulation is
amended:
(a) by inserting at the end of clauses 4 (1), 8 (1) and 9 the following words: Maximum penalty: 100 penalty units in the case of a council or other corporation or 50 penalty units in any other case.
(b)
by inserting at the end of clauses 8 (2) and 10 the following words:
Maximum penalty: 25 penalty units.
(c) by omitting clause 12;
(d) by omitting all italicised headings to Regulations.
Amendment of Locomotive Regulations
20. The Locomotive Regulations are amended:
(a)
by inserting in Regulation 1 (4), in alphabetical order, the following definition:
“Employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983.
(b) by omitting from Regulation 2 (2) the words “not exceeding $4,000” and by inserting instead the following words: not exceeding:
(a) 100 penalty units in the case of a corporation; or
(b) 50 penalty units in the case of an individual who commits an offence otherwise than in his or her capacity as an
employee; or(c)
25 penalty units in the case of an individual who commits an offence in his or her capacity as an employee.
1991—No. 634
(c) by omitting Regulation 7 and by inserting instead the following Penalty
7. Any person who contravenes a provision of these Regulations is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation; or
(b)
50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
(d) by omitting all italicised headings to Regulations.
Amendment of Luminous Radioactive Substances Regulations
21. The Luminous Radioactive Substances Regulations are amended:
(a)
by inserting in Regulation 2, in alphabetical order, the following definition:
“Employee” means an employee within the meaning of the
ccupational Health and Safety Act 1983.
(b) by inserting at the end of Regulation 20 the following words: Maximum penalty: 50 penalty units in the case of a corporation or 25 penalty units in any other case.
(c) by omitting Regulation 24 and by inserting instead the following Penalty
24. Any person who contravenes a provision of these Regulations is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation; or
(b)
50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her capacity as an employee; or
(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
(d) by omitting all italicised headings to Regulations.
1991—No. 634
Amendment of Timber Industry (Health and Safety) Regulation 1982
22. The Timber Industry (Health and Safety) Regulation 1982 is
amended:
by omitting from the definition of “employee” in clause 3 the words “a person” and by inserting instead the words “an employee, within the meaning of the Occupational Health and Safety Act 1983, who is”;
by inserting at the end of clause 10 (3) the following words:
Maximum penalty: 50 penalty units in the case of a corporation
or 25 penalty units in any other case.
by omitting clause 17 and by inserting instead the following clause: Penalty 17. Any person who contravenes a provision of this Regulation is liable to a penalty (if a penalty is not otherwise provided) not exceeding: (a) 100 penalty units in the case of a corporation; or
(b) 50 penalty units in the case of an individual who contravenes the provision otherwise than in his or her capacity as an employee; or (c) 25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
Amendment of Welding Regulations
23. The Welding Regulations are mended:
(a)
by inserting in Regulation 2 (a), in alphabetical order, the following definition:
“Employee” means an employee within the meaning of the
Occupational Health and Safety Act 1983.
(b) 7. Any person who contravenes a provision of these by omitting Regulation 7 and by inserting instead the following Penalty
Regulations is liable to a penalty not exceeding:
(a) 100 penalty units in the case of a corporation; or (b)
50 penalty units in the case of an individual who contravenes the provision othewise than in his or her capacity as an employee; or
1991—No. 634
(c)
25 penalty units in the case of an individual who contravenes the provision in his or her capacity as an employee.
(c) by omitting all italicised headings to Regulations.
EXPLANATORY NOTE
The object of this Regulation is to amend certain regulations under the Factories,
Shops and Industries Act 1962 so as:
(a)
to vary (in accordance with criteria set out below) the maximurn penalty for the contravention of certain provisions of those regulations; and
(b)
to provide (in certain penalty provisions) for differential penalties depending on whether the offender is a coporation, an individual (other than an employee) or an employee; and
(c) to express penalties in penalty units; and
(d) to make other amendments of a minor, consequential and ancillary nature.
The following criteria have been used in setting the level of penalty in the
regulations amended by this Regulation.
Type of contravention Penalty units
Corporation Individual Employee
1. Hazardous work
• Employ a person to do work without
prescribed authority (e.g. certificate,
qualifications) .............................. 100 50
| • Do work without prescribed authority | 25 |
| • Not work in prescribed way................... | 25 |
| • Make false representation concerning |
authority ......................................... 25
2. Plant and equipment
• Install, sell, deliver or use unapproved
plant or equipment ..................... 100 58 25
3. Protective equipment
| • Not provide or maintain ......................... | 100 | 50 |
| • Interfere with or not use .......................... | 25 |
| • Not repoart defective equipment......... | 25 |
| 4. Medical examination |
| • Not facilitate on prescribed occasions | 100 | 50 |
| • Not submit to examination...................... | 25 |
| • Not comply with direction after |
examiniation ............................ 100 90 25
1991—No. 634
5. Notices, records and information
•
Not erect or give prescribed notices 50 25 • Not send prescribed notices to the Authority ...................................... 50 25
• Not provide prescribed printed
information .................................. 50 25
• Not keep or not produce prescribed
records ........................................... 50 25 6. Factory amenities
•
Not provide ...................................... 50 25 •
Not use in prescribed way ............... 5 7. Other provisions
•
concerning hazardous activities ....... 100 50 25 •
concerning non-hazardous activities... 50 25 10
0
0
0