Occupational Health and Safety (General Amendment) Regulations 1998 (Vic)

Occupational Health and Safety (General

Amendment) Regulations 1998

S.R. No. 5/1998

TABLE OF PROVISIONS

Regulation	Page
PART 1—PRELIMINARY	1

1.	Objective	1
2.	Authorising provision	1

PART 2—AMENDMENTS TO OCCUPATIONAL HEALTH AND

SAFETY (ASBESTOS) REGULATIONS 1992 2

3.	Principal Regulations	2
4.	Amendment of definitions	2
5.	Amendment of references to Chief Executive	2
6.	Amendment of references to the Occupational Health and Safety
Authority	3
7.	Amendment of references to Minister	3
8.	Statute Law Revision	3

PART 3—AMENDMENTS TO OCCUPATIONAL HEALTH AND
SAFETY (CERTIFICATION OF PLANT USERS AND

OPERATORS) REGULATIONS 1994 4

9.	Principal Regulations	4
10.	Amendment of definitions	4
11.	Amendment of references to Minister	4

PART 4—AMENDMENTS TO OCCUPATIONAL HEALTH AND

SAFETY(LEAD CONTROL) REGULATIONS 1988 6

12.	Principal Regulations	6
13.	Amendment of definitions	6
14.	Amendment of Principal Regulations	7

i

Regulation	Page
PART 5—AMENDMENTS TO OCCUPATIONAL HEALTH AND
SAFETY (NOISE) REGULATIONS 1992	8

15.	Principal Regulations	8
16.	Amendment of definition	8
17.	Amendment of Principal Regulations	8

PART 6—AMENDMENTS TO OCCUPATIONAL HEALTH AND

SAFETY (PLANT) REGULATIONS 1995 9

18.	Principal Regulations	9
19.	Amendment of definitions	9
20.	Amendment of Principal Regulations	9

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NOTES 11

ii

STATUTORY RULES 1998

S.R. No. 5/1998

Occupational Health and Safety Act 1985

Occupational Health and Safety (General

Amendment) Regulations 1998

The Governor in Council makes the following Regulations:
Dated: 20 January 1998

Responsible Minister:

ROGER M. HALLAM

Minister for Finance

SHARNE BRYAN

Clerk of the Executive Council

PART 1—PRELIMINARY

1. Objective

The objective of these Regulations is to amend
certain regulations made under the Occupational

Health and Safety Act 1985—

(a) to alter certain references as a result of amendments made under the Accident Compensation (Occupational Health and

Safety) Act 1996; and

(b) to make other minor administrative changes.

2. Authorising provision

These Regulations are made under section 59 of the Occupational Health and Safety Act 1985.

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Occupational Health and Safety (General Amendment)
Regulations 1998

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r. 5 S.R. No. 5/1998

PART 2—AMENDMENTS TO OCCUPATIONAL HEALTH

AND SAFETY (ASBESTOS) REGULATIONS 1992

3. Principal Regulations

In this Part, the Occupational Health and Safety
(Asbestos) Regulations 19921 are called the

Principal Regulations.

4. Amendment of definitions

In regulation 6(1) of the Principal Regulations—

(a)	in the definition of "approved analyst", for "Chief Executive" substitute "Authority"; and
(b)	in the definition of "approved medical practitioner"—

(i)  for "Occupational Health and Safety Authority" substitute "Authority"; and

(ii)	for "Chief Executive" substitute "Authority"; and
(c)

in the definition of "approved removalist", "Authority"; and

(d)

after the definition of "approved removalist" ' " Authority" means the Victorian

WorkCover Authority established under section 18 of the Accident Compensation Act 1985;'; and

(e) the definition of "Chief Executive" is revoked.

5. Amendment of references to Chief Executive
Occupational Health and Safety (General Amendment)

Regulations 1998 S.R. No. 5/1998

In regulations 11, 24, 35, 36 and 37 of the
Principal Regulations for "Chief Executive"
(wherever occurring) substitute "Authority".

6.  Amendment of references to the Occupational Health and Safety Authority

In regulations 20, 24, 32 and 35 of the Principal
Regulations for "Occupational Health and Safety
Authority" (wherever occurring) substitute

"Authority".

7. Amendment of references to Minister

In regulation 36(4) of the Principal Regulations,
for "Minister" substitute "Administrative Appeals
Tribunal established under the Administrative

Appeals Tribunal Act 1984".

8. Statute Law Revision

In regulation 11 of the Principal Regulations, sub- regulation (5) is revoked.

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Regulations 1998

r. 9 S.R. No. 5/1998

PART 3—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY (CERTIFICATION OF PLANT USERS AND

OPERATORS) REGULATIONS 1994

9. Principal Regulations

In this Part, the Occupational Health and Safety
(Certification of Plant Users and Operators)
Regulations 19942 are called the Principal

Regulations.

10. Amendment of definitions

In regulation 6 of the Principal Regulations—

(a) before the definition of "boiler" insert— ' "Authority" means the Victorian

WorkCover Authority established under section 18 of the Accident Compensation Act 1985;'; and

(b)	in the definition of "certificate assessor", for "Minister" substitute "Authority"; and
(c)

in the definition of "certificate of "Authority".

11. Amendment of references to Minister

In the Principal Regulations—

(a) in regulations 8, 10, 11, 12, 15, 16, 19, 20, 21, 23, 24, 25, 27, 28, 29, 31, 32, 35 and 36 for "Minister" (wherever occurring) substitute "Authority";

(b) in regulation 9—

(i) for "Minister" (wherever occurring)
substitute "Authority"; and

Occupational Health and Safety (General Amendment)
Regulations 1998

S.R. No. 5/1998 r. 11

(ii)  in sub-regulations (3), (6) and (7), for "he or she" (wherever occurring) substitute "the Authority"; and

(c) in regulation 18—

(i)	for "Minister" (wherever occurring) substitute "Authority"; and
(ii)

in sub-regulation (2)(a), for "the Authority's"; and

(iii)  in sub-regulation (2)(b), for "him or her" substitute "the Authority"; and

(d) in regulation 22—

(i)	for "Minister" (wherever occurring) substitute "Authority"; and
(ii)

in sub-regulation (2)(a), for "the Authority's"; and

(iii)  in sub-regulation (2)(b), for "him or her" substitute "the Authority"; and

(e) in regulation 26—

(i) for "Minister" (wherever occurring)
substitute "Authority"; and

(ii)  in sub-regulation (1), for "he or she" substitute "it"; and

(iii)

in sub-regulation (2)(a), for "the Authority's"; and

(iv)  in sub-regulation (2)(b), for "him or her" substitute "the Authority".

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r. 12 S.R. No. 5/1998

PART 4—AMENDMENTS TO OCCUPATIONAL HEALTH

AND SAFETY(LEAD CONTROL) REGULATIONS 1988

12. Principal Regulations

In this Part, the Occupational Health and Safety (Lead Control) Regulations 19883 are called the Principal Regulations.

13. Amendment of definitions

In regulation 5 of the Principal Regulations—

(a) in the definition of "Authorised Medical Practitioner"—

(i)  for "Department of Labour" substitute "Authority"; and

(ii) for "Director-General" substitute
"Authority"; and

(iii) for "our" substitute "out"; and

(b)

after the definition of "Authorised Medical ' "Authority" means the Victorian

WorkCover Authority established under section 18 of the Accident Compensation Act 1985.'; and

(c)

in the definition of "Biological Monitoring", "Authority"; and

(d)	the definition of "Director-General" is revoked; and
(e)	in the definition of "Lead processes", for "Director-General" substitute "Authority".

Occupational Health and Safety (General Amendment)
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S.R. No. 5/1998 r. 14

14. Amendment of Principal Regulations

In the Principal Regulations—

(a)

in regulations 16, 17, 19 and 20 for substitute "Authority";

(b) in regulation 21, for "Minister" substitute "Authority".

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PART 5—AMENDMENTS TO OCCUPATIONAL HEALTH

AND SAFETY (NOISE) REGULATIONS 1992

15. Principal Regulations

In this Part, the Occupational Health and Safety
(Noise) Regulations 19924 are called the Principal

Regulations.

16. Amendment of definition

In regulation 6 of the Principal Regulations after
the definition of "administrative controls"
insert—

' "Authority" means the Victorian WorkCover

Authority established under section 18 of the

Accident Compensation Act 1985.'.

17. Amendment of Principal Regulations

In the Principal Regulations—

(a) in regulations 15(3), 15(10) and 16(1) for "Chief Executive Officer of the Occupational Health and Safety Authority" substitute "Authority"; and

(b) in regulation 16—

(i)

in sub-regulations (2), (3), (4) and (5) occurring) substitute "Authority"; and

(ii)  in sub-regulation (4), for "Minister" substitute "Administrative Appeals Tribunal established under the

Administrative Appeals Tribunal Act
1984".

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Regulations 1998

S.R. No. 5/1998 r. 18

PART 6—AMENDMENTS TO OCCUPATIONAL HEALTH

AND SAFETY (PLANT) REGULATIONS 1995

18. Principal Regulations

In this Part, the Occupational Health and Safety
(Plant) Regulations 19955 are called the Principal

Regulations.

19. Amendment of definitions

In regulation 105(1) of the Principal

Regulations—

(a)

after the definition of "administrative ' "agency" means a person or body that has

the power under the law of the
Commonwealth of Australia or the law
of an Australian State or Territory to
require design notification or
registration of plant in a manner which
is reasonably equivalent to the
requirements under Part 10 of these

Regulations;'; and

(b)

for the definition of "Authority", ' "Authority" means the Victorian

WorkCover Authority established under section 18 of the Accident Compensation Act 1985;'; and

(c)

in the definition of "published technical "agency".

20. Amendment of Principal Regulations

In the Principal Regulations—
Occupational Health and Safety (General Amendment)
Regulations 1998

r. 20 S.R. No. 5/1998

(a)	in regulation 107(5) for "Minister's" substitute "Authority's"; and
(b)	in regulations 107, 307, 404, 1001, 1002, 1006(2), 1007, 1008(1), 1008(3), 1008(4), 1008(6) and 1010 for "Minister" (wherever occurring) substitute "Authority"; and
(c)	in regulations 1004, 1005, 1006(2) and 1011 for "Authority" substitute "agency"; and
(d)	in regulation 1006(1) and 1008(2) for "Minister or the Authority" (wherever occurring) substitute "Authority or the

agency".

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Occupational Health and Safety (General Amendment)
Regulations 1998

S.R. No. 5/1998 Notes

NOTES

1 S.R. No. 195/1992. Reprinted to S.R. No. 184/1995.

2 S.R. No. 108/1994. Reprinted to S.R. No. 83/1995.

3 S.R. No. 268/1988.

4 S.R. No. 196/1992. Reprinted to S.R. No. 185/1995.

5 S.R. No. 81/1995.