National Occupational Health and Safety Commission Regulations (Cth)

National Occupational Health and Safety Commission Regulations

Statutory Rules 1986 No. 206 as amended

made under the

National Occupational Health and Safety Commission Act 1985

This compilation was prepared on 6 June 2003

taking into account amendments up to SR 1993 No. 42

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Citation [see Note 1]

 These Regulations may be cited as the National Occupational Health and Safety Commission Regulations.

2Interpretation

 In these Regulations, the Act means the National Occupational Health and Safety Commission Act 1985.

3Notice of declaration of national standard or code of practice

 The details of a national standard or code of practice required by subsection 38 (3) of the Act to be published are to be published in the Gazette.

4Publication of notice for purposes of subsection 38 (4) of the Act

 A notice for the purposes of subsection 38 (4) of the Act shall be published in the Gazette.

5Publication of advertisement for purposes of section 42 of the Act

An advertisement for the purposes of section 42 of the Act shall be published:

• (a)

  in the Gazette; and

• (b)

  in a daily newspaper in each State and in the Australian Capital Territory, being a newspaper circulating throughout that State or Territory.

6Allowances to witnesses

• (1)

  For the purposes of section 51 of the Act, the allowances set out in Schedule 1 are prescribed in respect of the travelling and other expenses of a person summoned to appear as a witness at an inquiry.

• (2)

  A reference in Schedule 1 to the High Court Rules is a reference to the High Court Rules as in force from time to time.

7Use of name Worksafe Australia

• (1)

  The Commission may, in connection with the performance of its functions, operate under the name ‘Worksafe Australia’.

• (2)

  A person other than the Commission shall not assume or use the name ‘Worksafe Australia’, or any name so closely resembling that name as to be capable of being mistaken for it, in connection with any trade, business, calling, profession or undertaking or as the name or part of the name of any institution, premises, vehicle, vessel or craft.

• (3)

  Without limiting the generality of subregulation (2), a name shall, for the purposes of that subregulation, be deemed to have been assumed or used in connection with a trade, business, calling, profession or undertaking if:

  • (a)

    it is used as the name or part of the name of any firm or company registered or incorporated in Australia; or

  • (b)

    it is applied (whether as a trademark or otherwise) to any goods manufactured, produced, sold or offered for sale.

8Use of emblem

• (1)

  In this regulation, emblem of the Commission means the emblem a representation of which is set out in Schedule 2, and includes that emblem in outline only or in any colour or combination of colours.

• (2)

  The Commission may, in connection with the performance of its functions, use the emblem of the Commission.

• (3)

  Except with the consent in writing of the Commission, a person other than the Commission shall not use in connection with any trade, business, calling, profession or undertaking or as, or as part of, the mark, emblem or other device of any institution, premises, vehicle, vessel or craft:

  • (a)

    a mark, emblem or other device that is identical with the emblem of the Commission;

  • (b)

    a mark, emblem or other device so closely resembling the emblem of the Commission as to be capable of being mistaken for the emblem; or

  • (c)

    a mark, emblem or other device that is capable of being taken to be the emblem of the Commission.

• (4)

  Without limiting the generality of subregulation (3), a mark, emblem or other device shall, for the purposes of that subregulation, be deemed to have been used in connection with a trade, business, calling, profession or undertaking if:

  • (a)

    it is used as, or as part of, the mark, emblem or other device of any firm or company; or

  • (b)

    it is applied (whether as a trade mark or otherwise) to any goods manufactured, produced, sold or offered for sale.

Schedule 1Allowances to witnesses at an inquiry

(regulation 6)

  

1. Person attending to give evidence because of that person’s professional, scientific or other special skill or knowledge — in respect of each day on which that person so attends, an amount of not less than the lesser amount specified in the High Court Rules in relation to expenses of witnesses possessing such skill or knowledge and not more than the greater amount so specified.

2. Person, other than a person referred to in Item 1, attending to give evidence:

• (a)

  in the case of a person remunerated by wages, salary or fees — such amount as is provided for in the High Court Rules in relation to expenses of witnesses so remunerated;

• (b)

  in any other case — such amount as is provided for in the High Court Rules in relation to expenses of witnesses generally.

3. Person attending to give expert evidence — in addition to any other amount payable to that person under Item 1 or 2, a reasonable amount for qualifying to give that evidence.

4. Any person attending to give evidence — such amount as is reasonable:

• (a)

  in respect of that person’s conveyance to and from the place at which that person so attends; and

• (b)

  if that person is required to be absent overnight from that person’s usual place of residence — for meals and accommodation.

 

Schedule 2The emblem of the Commission

(subregulation 8 (1))

  

Notes to the National Occupational Health and Safety Commission Regulations

Note 1

The National Occupational Health and Safety Commission Regulations (in force under the National Occupational Health and Safety Commission Act 1985) as shown in this compilation comprise Statutory Rules 1986 No. 206 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1986 No. 206	8 Aug 1986	8 Aug 1986
1993 No. 42	7 Apr 1993	7 Apr 1993	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 3.........................................	rs. 1993 No. 42