Occupational Health and Safety Act 1983 Regulation relating to the period for compliance with improvement notices (1995-201) [GG No 66 of 2.6.1995] (NSW)

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1995—No. 201

OCCUPATIONAL HEALTH AND SAFETY ACT 1983—

REGULATION

(Relating to the period for compliance with improvement notices)

NEW SOUTH WALES

[Published in Gazette No. 66 of 2 June 1995]

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.

JEFFREY WILLIAM SHAW, Q.C., M.L.C.,

Minister for Industrial Relations.

Commencement

1. This Regulation commences on 1 July 1995.

Amendment

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

Penalty Notices) Regulation 1988 is amended:

(a)

by omitting from clause 5 (1) the words “before the date” and by inserting instead the words “within the period”;

(b)

by omitting from clause 5 (2) the words “date before” and by inserting instead “period within”;

(c) by inserting after clause 5 (2) the following subclause:

(2A) However, an inspector may specify a period that is less than 7 days after the issue of the improvement notice if satisfied that it is reasonably practicable for the person to comply with the requirements imposed by the notice by the end of that period.

EXPLANATORY NOTE

The object of this Regulation is to enable an inspector to issue an improvement notice requiring a person to remedy a contravention (or the matters occasioning a contravention) of the Occupational Health and Safety Act 1983 or the regulations within any period specified in the notice. At present, an inspector must allow at least 7 days for such contraventions or matters to be remedied.

This Regulation is made under the Occupational Health and Safety Act 1983,

including section 45 (the general regulation making power).

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