Occupational Health and Safety Act 1983 Regulation relating to penalties and penalty notices (1991-400) [GG No 112 of 2.8.1991] (NSW)

1991—No. 400

OCCUPATIONAL HEALTH AND SAFETY ACT 1983—

REGULATION

(Relating to penalties and penalty notices)

NEW SOUTH WALES

[Published in Gazette No. 112 of 2 August 1991]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Occupational Health and Safety Act 1983, 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 16 August 1991.

Amendments

2. The Occupational Health and Safety (Inspectors’ Notices)

Regulation 1988 is amended:

(a) by inserting before clause 1 the following heading:

PART 1—PRELIMINARY

(b) by inserting in clause 1 after the word “Notices” the words “and Penalty Notices’’;

1991—No. 400

by inserting before clause 5 the following heading:

PART 2—INSPECTORS’ NOTICES

by omitting from clause 5 (4) the words “Penalty: $4,000.” 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 contravenes this subsection otherwise than in his or her capacity as an employee; or
(c)	25 penalty units in the case of an individual who contravenes this subsection in his or her capacity as an employee.

by omitting from clause 6 (3) the words “Penalty: $4,000.” 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 contravenes this subsection otherwise than in his or her capacity as an employee; or
(c)	25 penalty units in the case of an individual who contravenes this subsection in his or her capacity as an employee.

by omitting from clauses 8 (2) and 10 the word “Regulation”

wherever occurring and by inserting instead the word “Part”; by inserting after clause 10 the following heading and clause:	PART 3—PENALTY NOTICES
Penalty notices

11. For the purposes of section 51B of the Act:

(a)	any inspector appointed under the associated occupational health and safety legislation is declared to be an authorised officer; and
(b)	any offence arising under a provision of an Act or instrument referred to in Schedule 1 is a prescribed offence; and
(c)	the amount of penalty payable in respect of such an offence is 0.5 penalty units (in the case of a person who commits the offence in his or her capacity as an employee) or 5 penalty units (in any other case).

1991—No. 400

(h) by inserting at the end of the Regulation the following Schedule:

SCHEDULE 1—PENALTY NOTICES

(C1. 11)

Act or instrument Provisions

Occupational Health and Safety Sections 15 (1), 19, 20 and

Act 1983	27 (1)
Occupational Health and Safety (Inspectors’ Notices and Penalty Notices) Regulation 1988	Clause 5 (4)

Construction Safety Act 1912 Sections 17 (l1, (2), (3) and (8) and 17A (1), (1A), (1B) and (5A)

Construction Safety Regulations 73 (2), (3), (6) and (7), 99, 122 (5), 127 (108) and 159D

Regulations	1950
Dangerous Goods Act 1975	Section 9 (1) (a)
Dangerous Goods Regulation	Clauses 15B (4) and 85

1978   (2)

Factories, Shops and Industries	Sections 27, 44A (1) and
Act 1962	45 (3)
Boiler and Pressure Vessel	Regulations 28, 41, 80,

Regulations 80A and 82

Engine Drivers and Boiler Regulation 17 (2)

Attendants	Certification
Regulations

EXPLANATORY NOTE

The object of this Regulation is to mend the Occupational Health and Safety

(Inspectors’ Notices) Regulation 1988 so as:

(a)	to make provision for the issue of penalty notices under section 51B of the Occupational Health and Safety Act 1983; and
(b)	to increase the maximum penalties that may be imposed for offences arising under the Regulation; and
(c)	to rename the Regulation as the Occupational Health and Safety