Occupational Health and Safety Act 2000 - Occupational Health and Safety Amendment (Penalty Notices) Regulation 2002 (2002-5) [GG No 19 of 11.1.2002, p 90] (NSW)

2002 No 5

Occupational Health and Safety New South Wales

Amendment (Penalty Notices)

Regulation 2002

under the

Occupational Health and Safety Act 2000

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Occupational Health and Safety Act 2000.

JOHN DELLA BOSCA, M.L.C.,

Special Minister of State

Explanatory note
The object of this Regulation is to amend Schedule 2 to the Occupational Health and Safety Regulation 2001 to prescribe additional offences in respect of which penalty notices may be served and to correct an incorrect cross-reference. In particular, the Regulation provides that a penalty notice may be served:

(a)	on an employer for an offence of failing to ensure the health, safety or welfare at work of the employer’s employees, and
(b)	on an employer for an offence of failing to ensure the health or safety of persons other than employees while they are at the employer’s place of work, and
(c)	on a self-employed person for an offence of failing to ensure the health or safety of persons other than employees while they are at the self-employed person’s place of work.

This Regulation is made under the Occupational Health and Safety Act 2000, including sections 33 (the general regulation-making power) and 108 (Penalty notices for certain offences).

Published in Gazette No 19 of 11 January 2002, page 90	Page 1
[4]
2002 No 5
Clause 1	Occupational Health and Safety Amendment (Penalty Notices) Regulation 2002

Occupational Health and Safety Amendment
(Penalty Notices) Regulation 2002

1. Name of Regulation

   This Regulation is the Occupational Health and Safety Amendment
   (Penalty Notices) Regulation 2002.

2. Amendment of Occupational Health and Safety Regulation 2001

   The Occupational Health and Safety Regulation 2001 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

2002 No 5

Occupational Health and Safety Amendment (Penalty Notices) Regulation

2002

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

1. Schedule 2 Penalty notices

   Insert in appropriate order in the part of Schedule 2 relating to offences under the Act:

Section 8 (1)	1000	9450	Employer fails to ensure health/safety/welfare of employees
Section 8 (2)	1000	9451	Employer allows risk to health/safety of non-employees
Section 9	1000	9452	Self-employer allows risk to health/safety of non-employees

1. Schedule 2

Omit “Clause 171 (1)” where firstly occurring.
Insert instead “Clause 170 (1)”.

BY AUTHORITY