Occupational Health and Safety Act 1983 Occupational Health and Safety (Penalty Notices) Regulation 1996 (1996-367) [GG No 95 of 16.8.1996] (NSW)
1996 No 367
New South Wales Occupational Health and Safety
(Penalty Notices) Regulation 1996
under the
Occupational Health and Safety Act 1983
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Occupational Health and Safety Act 1983. J W Shaw QC MLC
Minister for Industrial RelationsExplanatory note The object of this Regulation is to repeal and remake, with some alterations, the Occupational Health and Safety (Inspectors’ Notices and Penalty Notices) Regulation 1988. The Regulation:
(a) prescribes the offences under various Acts and Regulations in respect of which penalty notices (“on the spot” fines) may be served under section 51B of the Occupational Health and Safety Act 1983, and (b) prescribes the persons who may serve the notices, and (c) prescribes the penalties payable for each offence if dealt with by way of the notice (rather than by a court). This Regulation is made under the Occupational Health and Safety Act 1983 and, in particular, under sections 45 (the general regulation-making power) and 51B (Penalty notices for certain offences).
This Regulation comprises matters of a machinery nature.
This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
Published in Gazette No 95 of 16 August 1996, page 4620 Page 1
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1996 No 367
Occupational Health and Safety (Penalty Notices) Regulation 1996
Contents
Contents
Page
1 Name of Regulation 3 2 Commencement 3 3 Definitions 3 4 Notes 3 5 Penalty notice offences 3 6
Authorised officers—offences other than dangerous goods offences
4 7 Authorised officers—dangerous goods offences 4 8 Repeal Schedule 1 Penalty notice offences 5
1996 No 367
Occupational Health and Safety (Penalty Notices) Regulation 1996 Clause 1 Occupational Health and Safety (Penalty
Notices) Regulation 19961 Name of Regulation
This Regulation is the Occupational Health and Safety (Penalty
Notices) Regulation 1996.
2 Commencement
This Regulation commences on 20 September 1996.
3 Definitions
In this Regulation:
Australian Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail published by the Australian Government.
the Act means the Occupational Health and Safety Act 1983.
4 Notes
The explanatory note and table of contents do not form part of this Regulation.
5 Penalty notice offences
For the purposes of section 51B of the Act:
(a)
the persons specified in clauses 6 and 7 are declared to be authorised officers in relation to the offences specified in the clause concerned, and
(b)
each offence created by a provision specified in Column 2 of Schedule 1 is a prescribed offence, and
(c)
the prescribed penalty for such an offence is the amount specified opposite the provision in Column 3 of Schedule l.
1996 No 367
Clause 6 Occupational Health and Safety (Penalty Notices) Regulation 1996
6 Authorised officers—offences other than dangerous goods
offences
An inspector appointed under Division 4 of Part 3 of the Act is specified in relation to all of the offences that are prescribed by this Regulation other than an offence under the Dangerous Goods Act 1975 or the Dangerous Goods Regulation 1978.
7 Authorised officers—dangerous goods offences
(1)
An officer of the WorkCover Authority constituted under the WorkCover Administration Act 1989 appointed as an inspector of dangerous goods under section 6 of the Dangerous Goods Act 1975 is specified in relation to all of the offences under the Dangerous Goods Act 1975 and the Dangerous Goods Regulation 1978 that are prescribed by this Regulation.
(2)
The following persons are specified in relation to all of the offences under the Dangerous Goods Regulation 1978 (other than an offence under clause 85 (2)) that are prescribed by this Regulation:
(a)
an officer of the Environment Protection Authority constituted under the Protection of the Environment Administration Act 1991 appointed as an inspector of dangerous goods under section 6 of the Dangerous Goods Act 1975,
(b)
a person referred to in Regulation 126K (1) (a) of the Motor Traffic Regulations 1935 (that is, an officer employed by the Roads and Traffic Authority constituted under the Transport Administration Act 1988 as an enforcement officer and to whom that Authority has issued a written authorisation),
(c) a police officer. 8 Repeal
(1) The Occupational Health and Safety (Inspectors’ Notices and
Penalty Notices) Regulation 1988 is repealed.(2)
Any act, matter or thing that, immediately before the repeal of the Regulation referred to in subclause (1), had effect under that Regulation continues to have effect under this Regulation.
1996 No 367
Occupational Health and Safety (Penalty Notices) Regulation 1996
Penalty notice offences Schedule 1 Schedule 1 Penalty notice offences
(Clause 5)
Column 1 Column 2 Column 3 Act or instrument Provision Penalty Occupational Health and Sections 15 (1), 16 (1) 0.5 penalty units (in the Safely Act 1983 and (2), 19 (a) and (b), case of a person who 20, 27 (1) and 31R (5) commits the offence in his
or her capacity as an
employee) or 5 penalty
units (in any other case)Construction Safely Act Sections 17 (l), (2), (3) 0.5 penalty units (in the 1912 (a) and (b) and (8) and case of a person who 17A (1), (1A), (1B) (a) commits the offence in his and (b) and (5A) or her capacity as an
employee) or 5 penalty
units (in any other case)Construction Safety Regulations 73 (2), (3), 0.5 penalty units (in the Regulations 1950 (6) and (7), 99, 122 (5), case of a person who 127 (108) and (108A) commits the offence in his and 159D or her capacity as an
employee) or 5 penalty
units (in any other case)Dangerous Goods Act Section 9 (1) (a) 0.5 penalty units (in the 1975
commits the offence in his
or her capacity as ancase of a person who units (in any other case)
Dangerous Goods Clauses 4 (5) and 176 Regulation 1978
—being the offence of breaching the following section of the Australian Code:
Section 8.2.7.2 5 penalty units Section 8.2.7.4 2 penalty units Section 8.3.7.1 (a) or (b) 3 penalty units Section 8.3.7.2 (a) or (b) 3 penalty units Section 8.3.7.3 (a) or (b) 3 penalty units (i) or (ii) 1996 No 367
Occupational Health and Safety (Penalty Notices) Regulation 1996
Schedule 1 Penalty notice offences
Column 1 Column 2 Column 3 Act or instrument Provision Penalty Section 8.3.7.5 (a) or (b) 3 penalty units Section 8.3.8.2 (a), (b) 2 penalty units or (c) Section 8.3.8.4 2 penalty units Clauses 15B (4) and 85 0.5 penalty units (in the (2) case of a person who
commits the offence in his
or her capacity as an
employee) or 5 penalty
units (in any other case)Factories, Shops and Sections 27, 44A (1) and 0.5 penalty units (in the Industries Act 1962 45 (3) case of a person who
commits the offence in his
or her capacity as an
employee) or 5 penalty
units (in any other case)Boiler and Pressure Vessel Regulations 28, 41, 80 0.5 penalty units (in the Regulations (a) and (b), 80A (a) and case of a person who (b) and 82 commits the offence in his
or her capacity as an
employee) or 5 penalty
units (in any other case)Engine Drivers and Boiler Regulation 17 (2) 0.5 penalty units (in the Attendants Certification case of a person who Regulations commits the offence in his
or her capacity as an
employee) or 5 penalty
units (in any other case)
0
0
0