Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021 (Vic)

Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021

S.R. No. 88/2021

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Principal Regulations

Part 2—Amendments relating to infringement offences and penalties

5New Chapter 7B inserted

6New Schedule 20 inserted

Part 3—Amendments relating to the Environment Protection Amendment Act 2018

7Definitions

8Removal of contaminated protective clothing

9Transport of asbestos

10Disposal of asbestos waste—limited asbestos removal work

11Disposal of asbestos waste—Class A and Class B licences

12Application of Division 8 of Part 4.4

13Disposal of asbestos waste—Division 8 of Part 4.4

14Matters to be satisfied before a licence can be granted

15Scope of licence

16Additional information to be included in asbestos removal licence application

17Matters that may be taken into account

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Endnotes

STATUTORY RULES 2021

S.R. No. 88/2021

Occupational Health and Safety Act 2004

Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 20 July 2021

Responsible Minister:

INGRID STITT
Minister for Workplace Safety

SAMUAL WALLACE

Acting Clerk of the Executive Council

Part 1—Preliminary

1Objective

The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2017 to—

(a)prescribe certain offences as offences for which an infringement notice may be issued; and

(b)prescribe infringement penalties in respect of those offences; and

(c)prescribe the class of persons who may issue infringement notices; and

(d)make consequential amendments to reflect changes to the Environment Protection Act 2017.

2Authorising provision

These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.

3Commencement

These Regulations come into operation on 31 July 2021.

4Principal Regulations

In these Regulations, the Occupational Health and Safety Regulations 2017[1] are called the Principal Regulations.

Part 2—Amendments relating to infringement offences and penalties

5New Chapter 7B inserted

After Chapter 7A of the Principal Regulations insert—

"Chapter 7B—Enforcement

553PInfringement offences and infringement penalties

(1)For the purposes of section 139(1) of the Act, an offence specified in Column 2 of Schedule 20 is prescribed as an infringement offence.

(2)For the purposes of section 139(2) of the Act, the infringement penalty for an infringement offence is—

(a)in the case of a natural person, the infringement penalty set out in Column 3 of Schedule 20 in relation to the offence; and

(b)in the case of a body corporate, the infringement penalty set out in Column 4 of Schedule 20 in relation to the offence.

(3)For the purposes of section 139(3) of the Act, an infringement notice may be issued by an inspector appointed under Part 9 of the Occupational Health and Safety Act 2004.".

6New Schedule 20 inserted

After Schedule 19 to the Principal Regulations insert—

"Schedule 20—Infringement offences and infringement penalties

Regulation 553P

Column 1 Item No	Column 2 Infringement offence	Column 3 Infringement penalty—natural person	Column 4 Infringement penalty—body corporate
1	An offence against section 40(2) of the Act	2 penalty units	10 penalty units
2	An offence against section 40(3) of the Act	2 penalty units	10 penalty units
3	An offence against section 40(4) of the Act	2 penalty units	10 penalty units
4	An offence against section 41 of the Act	2 penalty units	10 penalty units
5	An offence against section 69(1) of the Act as constituted by a contravention of section 69(1)(a)	1·2 penalty units	6 penalty units
6	An offence against regulation 33(1)	2 penalty units	10 penalty units
7	An offence against regulation 39	1·2 penalty units	6 penalty units
8	An offence against regulation 40(1)	1·2 penalty units	6 penalty units
9	An offence against regulation 61	2 penalty units	10 penalty units
10	An offence against regulation 64	1·2 penalty units	6 penalty units
11	An offence against regulation 68	1·2 penalty units	6 penalty units
12	An offence against regulation 94(1)	1·2 penalty units	6 penalty units
13	An offence against regulation 106	1·2 penalty units	6 penalty units
14	An offence against regulation 110	2 penalty units	10 penalty units
15	An offence against regulation 129	2 penalty units	10 penalty units
16	An offence against regulation 162(1)	2 penalty units	10 penalty units
17	An offence against regulation 168(1)	1·2 penalty units	6 penalty units
18	An offence against regulation 171	1·2 penalty units	6 penalty units
19	An offence against regulation 175(1)	1·2 penalty units	6 penalty units
20	An offence against regulation 175(3)	1·2 penalty units	6 penalty units
21	An offence against regulation 220(1)	2 penalty units	10 penalty units
22	An offence against regulation 246	2 penalty units	10 penalty units
23	An offence against regulation 252(2)	1·2 penalty units	6 penalty units
24	An offence against regulation 263(1)	1·2 penalty units	6 penalty units
25	An offence against regulation 263(2)	1·2 penalty units	6 penalty units
26	An offence against regulation 266(2)	2 penalty units	10 penalty units
27	An offence against regulation 278(2)	2 penalty units	10 penalty units
28	An offence against regulation 278(3)	2 penalty units	10 penalty units
29	An offence against regulation 283(1)	1·2 penalty units	6 penalty units
30	An offence against regulation 283(2)	1·2 penalty units	6 penalty units
31	An offence against regulation 297(1)	2 penalty units	10 penalty units
32	An offence against regulation 298(1)	1·2 penalty units	6 penalty units
33	An offence against regulation 298(3)	1·2 penalty units	6 penalty units
34	An offence against regulation 313(1)	1·2 penalty units	6 penalty units
35	An offence against regulation 313(2)	1·2 penalty units	6 penalty units
36	An offence against regulation 314(1)	2 penalty units	10 penalty units
37	An offence against regulation 314(2)	2 penalty units	10 penalty units
38	An offence against regulation 329	1·2 penalty units	6 penalty units
39	An offence against regulation 334(1)	2 penalty units	10 penalty units
40	An offence against regulation 337(1)	1·2 penalty units	6 penalty units
41	An offence against regulation 352	0·1 penalty units
42	An offence against regulation 355(1)	1·2 penalty units	6 penalty units
43	An offence against regulation 370	2 penalty units	10 penalty units
44	An offence against regulation 373	2 penalty units	10 penalty units
45	An offence against regulation 412(2)	1·2 penalty units	6 penalty units
46	An offence against regulation 412(3)	1·2 penalty units	6 penalty units
47	An offence against regulation 419	2 penalty units	10 penalty units
48	An offence against regulation 422	2 penalty units	10 penalty units
49	An offence against regulation 433(4)	2 penalty units	10 penalty units
50	An offence against regulation 438	2 penalty units	10 penalty units
51	An offence against regulation 474	2 penalty units	10 penalty units
52	An offence against regulation 476(1)	0·1 penalty units
53	An offence against regulation 476(2)	0·1 penalty units	0·5 penalty units
54	An offence against regulation 544(3)	2 penalty units	10 penalty units

".

Part 3—Amendments relating to the Environment Protection Amendment Act 2018

7Definitions

In regulation 5 of the Principal Regulations, in the definition of Environment Protection Authority, for "1970" substitute "2017".

8Removal of contaminated protective clothing

For regulation 215(1)(a)(iii) of the Principal Regulations substitute—

"(iii)at a place or premises authorised under the Environment Protection Act 2017 or regulations made under that Act to receive asbestos waste; or".

9Transport of asbestos

For the note at the foot of regulation 221(2) of the Principal Regulations substitute—

"Note

The transport of asbestos waste is regulated by the Environment Protection Authority.".

10Disposal of asbestos waste—limited asbestos removal work

(1)For regulation 260(c) of the Principal Regulations substitute—

"(c)at a place or premises authorised under the Environment Protection Act 2017 or regulations made under that Act to receive asbestos waste.".

(2)For note 2 at the foot of regulation 260 of the Principal Regulations substitute—

"2The transport of asbestos waste is regulated by the Environment Protection Authority.".

11Disposal of asbestos waste—Class A and Class B licences

(1)For regulation 280(c) of the Principal Regulations substitute—

"(c)at a place or premises authorised under the Environment Protection Act 2017 or regulations made under that Act to receive asbestos waste.".

(2)For note 2 at the foot of regulation 280 of the Principal Regulations substitute—

"2The transport of asbestos waste is regulated by the Environment Protection Authority.".

12Application of Division 8 of Part 4.4

For regulation 302(f) of the Principal Regulations substitute—

"(f)working at a place or premises authorised under the Environment Protection Act 2017 or regulations made under that Act to receive asbestos waste;".

13Disposal of asbestos waste—Division 8 of Part 4.4

(1)For regulation 316(c) of the Principal Regulations substitute—

"(c)at a place or premises authorised under the Environment Protection Act2017 or regulations made under that Act to receive asbestos waste.".

(2)For note 2 at the foot of regulation 316 of the Principal Regulations substitute—

"2The transport of asbestos waste is regulated by the Environment Protection Authority.".

14Matters to be satisfied before a licence can be granted

In regulation 452(3)(e) of the Principal Regulations, for "or the Environment Protection (Industrial Waste Resource) Regulations 2009 in relation to the transport or disposal of asbestos" substitute "(as in force immediately before its repeal) or the Environment Protection Act 2017 or any regulations made under those Acts in relation to asbestos".

15Scope of licence

For the note at the foot of regulation 461(2) of the Principal Regulations substitute—

"Note

The transport of asbestos waste is regulated by the Environment Protection Authority.".

16Additional information to be included in asbestos removal licence application

In regulation 462(1)(h) of the Principal Regulations, for "or the Environment Protection (Industrial Waste Resource) Regulations 2009 in relation to the transport or disposal of asbestos" substitute "(as in force immediately before its repeal) or the Environment Protection Act 2017 or any regulations made under those Acts in relation to asbestos".

17Matters that may be taken into account

In regulation 497(f) of the Principal Regulations, for "or the Environment Protection (Industrial Waste Resource) Regulations 2009 in relation to the transport or disposal of asbestos" substitute "(as in force immediately before its repeal) or the Environment Protection Act 2017 or any regulations made under those Acts in relation to asbestos".

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Endnotes

[1] Reg. 4: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019, 84/2020, 106/2020, 141/2020 and 8/2021.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.