Occupational Health and Safety (Safety Arrangements) Regulations 1991 (Cth)
made under the
This compilation was prepared on 22 June 2011
taking into account amendments up to SLI 2011 No. 93
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Part 3 Election of health and safety representatives
Part 5 Service of notices under the Act and notification of accidents and dangerous occurrences
These Regulations are the
Occupational Health and Safety (Safety Arrangements) Regulations 1991 .
(1) In these Regulations, unless the contrary intention appears:
A.C.T. transitional staff means the transitional staff withinthe meaning of the
A.C.T. Self‑Government (Consequential Provisions) Act 1988 .
Act means theOccupational Health and Safety Act 1991 .
business hours , in relation to a place, means the period from 9.00 a.m. to 5.00 p.m. on a day other than a Saturday, Sunday or a day that is a public holiday in that place.
election means an election for a health and safety representative, or a deputy health and safety representative, under section 25 of the Act.
returning officer means a person appointed under regulation 6.
serious personal injury means an injury to, or disease in, a person:
(a) that is caused in the course of work; and
(b) for which the person needs to be:
(i) given emergency treatment by a registered medical practitioner; or
(ii) treated in a hospital as a casualty, without being admitted to the hospital; or
(iii) admitted to a hospital.
voter , in relation to an election, means a person who is eligible to vote in the election.
working day , in relation to an election, means a day other than a Saturday or a Sunday or a day that is a public holiday in the place where the workplace to which the election relates is located.
(2) A reference in these Regulations to a form by number is a reference to a form so numbered in Schedule 1.
(1) A form must be completed in accordance with a direction specified in, or at the foot of, the form.
(2) A person must complete a form, give notice or make a report in sufficient detail to allow proper consideration of the completed form, notice or report.
(3) A form, notice or report must be produced clearly and legibly in handwriting or by means of a machine in such a way as to enable clear and legible reproduction of the contents of the form, notice or report.
(1) An occurrence is a dangerous occurrence for the purpose of the definition of
dangerous occurrence in subsection 5 (1) of the Act if it is an occurrence that:
(a) resulted from operations that arose from the undertaking conducted by an employer; and
(b) could have caused:
(i) the death of, or serious personal injury to, any person; or
(ii) the incapacity of an employee for the duration of 30 or more successive working days or shifts;
but as a result of which death, serious personal injury or incapacity did not occur.
(1) For subparagraph (a) (i) of the definition of
employing authority in subsection 5 (1) of the Act, a person or body mentioned in column 2 of an item of the following table is the employing authority in relation to the persons mentioned in column 3 of the item:
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| Employees (in the Department of Agriculture, Fisheries and Forestry) assisting the Executive Director; and Contractors assisting the Executive Director |
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| Employees (in the Department of Industry, Science and Resources) assisting the Executive Director; and Contractors assisting the Executive Director |
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| Employees (in the Department of Family and Community Services) assisting the Director; and Contractors assisting the Director |
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| Employees assisting the Chair; and Contractors assisting the Chair |
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| Employees (in the Department of the Treasury) assisting the Controller; and Contractors assisting the Controller |
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(2) In this regulation:
contractor means a contractor of the kind referred to in paragraph (a) of the definition ofcontractor in subsection 5 (1) of the Act.
Note 1 The only kind of contractor in relation to which paragraph (a) ofthe definition of
employing authority in subsection 5 (1) of the Act applies is the kind referred to in paragraph (a) of the definition ofcontractor in subsection 5 (1) of the Act.
Note 2 Some contractors are sometimes known as ‘consultants’ (see, for example, section 45 of theProductivity Commission Act 1998 ).
(1) For paragraph (c) of the definition of
Entity in subsection 5 (1) of the Act, each person, body, organisation or group of persons mentioned in an item in Schedule 1A is prescribed.(2) For the definition of
principal officer , in relation to an Entity, in subsection 5 (1) of the Act, the principal officer of an Entity mentioned in column 2 of Schedule 1A is the person from time to time holding or acting in the office mentioned in column 3 in relation to that Entity.
For subsection 16B (2) of the Act, the form of an application by an employee representative is set out in Form 1A.
Note Under section 16B of the Act, an employee representative may apply to the Chief Executive Officer of Comcare, on behalf of an employee who wishes not to have his or her identity revealed, for the issue of a certificate to the effect that the employee representative is entitled to represent the employee in consultations held by an employer in the course of developing or varying health and safety management arrangements.
This Part applies if an employer is requested, under subsection 25A (5) of the Act, to conduct an election in accordance with regulations made under the Act.
(1) The employer and employees must agree on the organisation which will conduct the election.
(2) The employer must appoint a person, in writing, as a returning officer to conduct the election.
(3) The person who is appointed as a returning officer under subregulation (2) must be a member of the organisation mentioned in subregulation (1).
(4) The employer must give the returning officer a list of the candidates who have nominated for the vacant office of health and safety representative for the designated work group.
(5) The employer must make a copy of the list given to the returning officer publicly available for inspection by the employees in the designated work group.
Each person eligible to vote at an election is entitled to 1 vote only at the election.
A person eligible to vote in an election may request the returning officer for the election to conduct a poll for the election by secret ballot.
(1) As soon as practicable after the request, the returning officer must issue ballot‑papers for the poll to voters.
(2) The returning officer must conduct the poll in accordance with Divisions 4 and 5.
Subject to Division 6, if no request is made for a secret ballot, the returning officer for an election may conduct a poll for the election in a manner determined by him or her to produce a fair result.
If no candidate is elected, the election is taken to have failed.
A ballot‑paper must:
(a) state the election to which it relates; and
(b) set out the names of the candidates in alphabetical order; and
(c) state the manner of voting.
(1) As soon as practicable before the close of the poll, the returning officer for an election must give to each voter:
(a) a ballot‑paper that is initialled by the returning officer; and
(b) an envelope that:
(i) is addressed to the returning officer; and
(ii) shows on its face that it relates to the election.
(2) The envelope given to a voter by a returning officer:
(a) may be pre‑paid; and
(b) in that case, may include on its face a statement by the returning officer that the envelope may be posted to the returning officer without expense to the voter.
(3) The returning officer must ensure that the ballot‑paper and envelope are enclosed in a covering envelope that is sealed and addressed to the voter.
(1) A voter in a poll conducted by secret ballot is to mark the ballot‑paper to indicate his or her preference by placing the number ‘1’ in the box opposite the name of the candidate for whom that person wishes to vote.
(2) After marking the ballot‑paper, the voter must:
(a) fold the ballot‑paper so as to conceal the marking; and
(b) put the ballot‑paper in the envelope referred to in paragraph 18 (1) (b) and seal the envelope; and
(c) lodge the ballot by either:
(i) putting the envelope containing the ballot‑paper in a locked and sealed ballot box provided for the election by the returning officer in a secure part of the workplace where employees in the designated work group to which the election relates may place envelopes of that kind; or
(ii) in the case of an envelope to which subregulation 18 (2) applies — sending the envelope to the returning officer so as to reach him or her not later than the close of the poll.
(3) If, before lodging his or her ballot, a voter:
(a) claims that he or she has spoilt his or her ballot‑paper; and
(b) returns the ballot‑paper to the returning officer; and
(c) requests a further ballot‑paper;
the returning officer must:
(d) give the voter a fresh ballot‑paper; and
(e) write the word ‘spoilt’ across the returned ballot‑paper and sign and date the writing; and
(f) retain the spoilt ballot‑paper until the end of 6 months after notification of the result of the poll is given under regulation 29.
(1) A returning officer for an election must:
(a) keep the ballot‑papers received by him or her before the close of the poll secure; and
(b) keep the envelopes containing the ballot‑papers unopened until the count.
(2) The returning officer must not admit to the count ballot‑papers received by him or her after the close of the poll.
Each candidate in a poll conducted by secret ballot may appoint 1 scrutineer to represent him or her at the count.
A candidate must tell the returning officer of the name of his or her scrutineer (if any) before the commencement of the count.
(1) The returning officer may direct a person to leave the place where the count is being conducted if the person:
(a) is not entitled to be present, or to remain present, at the count; or
(b) being entitled to be present — interrupts the count, except as provided by subregulation (2).
(2) A candidate’s scrutineer who:
(a) objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or
(b) considers that an error has been made in the conduct of the count;
may interrupt the count and so inform the returning officer.
(3) A person must comply with a direction given to him or her under subregulation (1).
Penalty: 5 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(5) It is a defence to a prosecution for an offence against subregulation (3) if the person had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of theCriminal Code ).
(1) As soon as practicable after the close of the poll, but on a working day, the returning officer must count the votes for each candidate.
(2) A returning officer must, not less than 1 working day before the count, notify each candidate, or a scrutineer of each candidate, of the place where, and the time when, the count is to occur.
(3) The candidate who receives the most votes is the successful candidate.
(4) If 2 or more candidates receive the same number of votes, the successful candidate is to be determined by lots drawn by the returning officer in the manner prescribed in regulation 23A.
(1) For subregulation 23 (4), lots are drawn in the prescribed manner if:
(a) as soon as practicable before the drawing of lots, the returning officer gives written notice of the time and place of the draw to each candidate; and
(b) the draw is carried out in the presence of:
(i) subject to subregulation (3) — each candidate, or a scrutineer of each candidate, who received the same number of votes; and
(ii) at least one person who is not the returning officer or a candidate or scrutineer mentioned in subparagraph (i); and
(c) the returning officer writes the name of each candidate who received the same number of votes on a separate piece of paper of the same colour, texture and size; and
(d) the papers and writing are displayed for examination by each person present at the draw; and
(e) each paper is folded in the same manner by the returning officer and placed by him or her in a container, the interior surface of which will not snag the papers; and
(f) the returning officer shakes or turns the container to mix the papers; and
(g) without looking into the container, a person referred to in subparagraph (b) (ii) draws a paper from the container.
(2) The candidate whose name is written on the paper drawn in accordance with paragraph (1) (g) is the successful candidate.
(3) If a candidate who has been notified in accordance with paragraph (1) (a) of a drawing of lots, or a scrutineer of the candidate, does not attend the draw at the notified time and place, the draw may be conducted in his or her absence.
A ballot‑paper is informal if:
(a) it is not initialled by the returning officer; or
(b) it has no vote marked on it; or
(c) it is so imperfectly marked that the intention of the person who marked the ballot‑paper is not clear; or
(d) it has any mark or writing on it by which the person who marked the ballot‑paper can be identified.
After the count conducted in respect of a poll has been completed, the returning officer must prepare, date and sign a statement setting out:
(a) the number of votes given to each candidate; and
(b) the number of informal ballot‑papers.
At the end of 6 months after notification of the result of the poll for an election is given under regulation 29, the returning officer may destroy:
(a) the nominations for that election; and
(b) the ballot‑papers for the election; and
(c) any spoilt ballot‑papers for the election, retained under paragraph 19 (3) (f).
(1) At any time before notification of the result of the poll for an election is given under regulation 29, the returning officer:
(a) on his or her own motion, may conduct a recount of any ballot‑papers received in the election; or
(b) if a candidate makes a request, either orally or in writing, for a recount of any ballot‑papers received in the election and gives reasons for the request — must conduct a recount of the ballot‑papers.
(2) In conducting a recount, the returning officer:
(a) in the case of a poll by secret ballot — has the same powers for the purposes of the recount as he or she had in the count; and
(b) in any other case — may make any reasonable decision in respect of the allowance and admission, or disallowance and rejection, of a vote cast in the poll.
(1) Subject to subregulation (2), if the returning officer has reasonable grounds to believe that there has been an irregularity in the conduct of an election, he or she may, at any time before notification of the result of the poll is given under regulation 29, declare the election to be void.
(2) An election must not be declared to be void only because of:
(a) a defect or irregularity in the conduct of the election that did not affect the result of the election; or
(b) an error or defect in an instrument or other document made, or purporting to be made, for the purposes of this Part; or
(c) any illegal practice, other than bribery or corruption, or attempted bribery or corruption, having been engaged in by a person, unless:
(i) it is likely that the result of the election was affected by the practice; and
(ii) it is just that the election be declared void.
(3) If an election is declared void, regulation 29 applies as if the election had failed.
(1) As soon as practicable after the failure of an election, a returning officer must, in writing, notify the employer of all the employees in the designated work group to which the election relates of the failure of the election.
(2) As soon as practicable after the close of the poll for an election, the returning officer must notify in writing the candidate who is elected and enclose with the notification a copy of the statement prepared under regulation 25 (completion of count).
A provisional improvement notice issued by a health and safety representative to a responsible person under subsection 29 (2) of the Act must be set out in accordance with Form 1.
(1) For the purposes of subsection 40 (6) of the Act (appointment of investigators), the prescribed form of an identity card is set out in Schedule 2.
(2) A person who ceases to be an investigator must, as soon as practicable, return his or her identity card to Comcare.
Penalty: 10 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(1) Comcare must issue to an investigator a certificate of appointment.
(2) A certificate of appointment must contain the following information:
(a) a reference to the appointment of the investigator under subsection 40 (2) of the Act;
(b) the restrictions imposed on the investigator under subsection 40 (5) of the Act;
(c) the date of effect of the appointment and the signature of the Chief Executive Officer of Comcare.
(2A) The Chief Executive Officer may, in writing, delegate to a person the Chief Executive Officer’s function under paragraph (2) (c).
(3) If a restriction is imposed on the investigator under subsection 40 (5) of the Act after the issue of a certificate of appointment, Comcare must cancel the certificate and issue another certicate of appointment in its place.
(4) An investigator must carry the certificate of appointment, or a copy of the certificate, issued to him or her at all times when exercising powers or performing functions as an investigator.
(5) A person who ceases to be an investigator must, as soon as practicable, return his or her certificate of appointment to the Chief Executive Officer of Comcare.
Penalty: 10 penalty units.
(6) An offence against subregulation (5) is an offence of strict liability.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(1) If a sample of a substance or thing taken under subsection 44 (1) of the Act is practicably divisible, the investigator who has taken the sample must:
(a) divide the sample into 3 parts; and
(b) put each part into a container and seal and label the container appropriately; and
(c) give 1 part to the employer for which work is performed using the substance or thing; and
(d) provide another part for inspection, examination, measuring or testing for the purposes of the Act; and
(e) retain the remaining part for any further inspection, examination, measuring or testing that is required.
(2) If a sample of a substance or thing taken under subsection 44 (1) of the Act, is not practicably divisible, the investigator who has taken the sample must provide the whole sample for inspection, examination, measuring or testing for the purposes of the Act.
(3) An investigator who:
(a) has taken possession of any plant, substance or thing; or
(b) has taken a sample of a substance or thing;
and removed the plant, substance or thing or the sample from the workplace under subsection 44 (1) of the Act must take all reasonable steps to ensure that:
(c) the plant, substance or thing is not damaged; or
(d) the sample is not contaminated;
while in his or her possession or control.
A notice issued by an investigator under a following provision of the Act must be in accordance with the form specified in relation to the provision concerned:
(a) subsection 44 (2) (‘power to take possession of plant, take samples of substances etc’) — Form 2;
(b) subsection 45 (1) (‘power to direct that workplace etc not be disturbed’) — Form 3;
(c) subsection 46 (1) (‘power to issue prohibition notices’) — Form 4;
(d) subsection 47 (1) (‘power to issue improvement notices’) — Form 5.
(1) An employer commits an offence if:
(a) the employer engages in conduct, or allows another person to engage in conduct, that results in the alteration or disturbance of the site of an accident or dangerous occurrence arising out of an undertaking by the employer; and
(b) at the time of the conduct:
(i) an investigation of the accident or dangerous occurrence had not been completed; and
(ii) the investigator had not given permission for the alteration or disturbance of the site.
Penalty: 10 penalty units.
(2) It is a defence to a prosecution for an offence against subregulation (1) if the employer had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2) (see section 13.3 of theCriminal Code ).
(3) It is a defence to a prosecution for an offence against subregulation (1) if, at the time of the conduct, the employer had given a notice of the accident or dangerous occurrence to Comcare in accordance with section 68 of the Act and:
(a) Comcare had given notice that investigation of the accident or dangerous occurrence was not required; or
(b) an investigator had not entered the workplace where the site of the accident or dangerous occurrence is located in response to the notice within 1 working day of the employer giving notice to Comcare.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see section 13.3 of theCriminal Code ).
(4) Without limiting subregulation (2), an employer has a
reasonable excuse if the employer engages in, or allows another person to engage in, the conduct that results in the alteration or disturbance of the site of an accident or dangerous occurrence in the course of:
(a) the rescue, or attempted rescue, of an injured person; or
(b) the retrieval, or attempted retrieval, of the body of a deceased person; or
(c) the protection, or attempted protection, of the health or safety of a person; or
(d) the prevention, or attempted prevention, of damage being done to a substance or thing;
if the alteration or disturbance is unavoidable.
For the purposes of paragraph 68 (1) (b) of the Act (‘notification of accidents and dangerous occurrences’), each of the following periods is prescribed:
(a) in the case of an employee who performs work in shifts — 30 or more successive shifts workable by the employee; and
(b) in any other case — 30 or more successive working days.
(1) For the purposes of the Act or these Regulations, a notice that is to be given to Comcare may be delivered in business hours to a Comcare office.
(2) For the purposes of the Act and these Regulations, a notice that is to be given to an employer may be delivered:
(a) in the case of a notice to be given to the Commonwealth — to the Agency Head of the relevant Entity; and
(b) in the case of a notice to be given to a Commonwealth authority — to the principal officer of that Commonwealth authority; and
(c) in the case of a notice in respect of work performed by a member of the Australian Defence Force — to the Chief of the Defence Force; and
(d) in the case of a notice in respect of work performed by an officer or employee of a body referred to in paragraph 4 (b) — to the employing authority in relation to the body.
(3) For the purposes of the Act and these Regulations, a notice that is to be given to a body corporate that is not a Commonwealth authority may be delivered to a director, principal executive officer or secretary of the body corporate.
(4) For the purposes of the Act and these Regulations, a notice may be given to a person:
(a) except in the case of a notice under section 68 of the Act (‘notification of accidents and dangerous occurrences’) — by a message transmitted to a computer system known to be in use by the person, being a message that is:
(i) in a form compatible with the computer system; and
(ii) capable of being recorded by the computer system; or
(b) in the case of a notice of a dangerous occurrence, incapacity within the meaning of paragraph 37A (1) (c) or a serious personal injury — by direct telephone contact with the person in business hours.
(5) For the purposes of the Act and these Regulations, a notice may be given to a person by electronic facsimile message transmitted to a facsimile facility that is installed at the address of the person last known to the person giving the notice.
(6) A person who gives a notice to which paragraph 4 (a) applies to another person:
(a) must inform the other person by telephone:
(i) before transmission of the message; or
(ii) as soon as practicable after transmission of the message;
of the fact that the message will be, or has been, transmitted; and
(b) must send a copy of the notice by pre‑paid post to the address of the other person last known to the first‑ mentioned person.
(1) For the purposes of section 68 of the Act (‘notification of accidents and dangerous occurrences’), an employer must give notice to Comcare:
(a) in the case of an accident that causes the death of a person — within 2 hours of the employer becoming aware of the death; and
(b) in the case of an accident that causes serious personal injury to a person — within 24 hours of the employer becoming aware that the person has, or is likely to have, suffered the injury; and
(c) in the case of an accident that causes an employee who performs work in connection with the undertaking conducted by his or her employer to be incapacitated from performing work for a prescribed period — within 24 hours of the employer becoming aware of the incapacity; and
(d) in the case of a dangerous occurrence — within 24 hours of the employer becoming aware of the occurrence.
(2) An employer must give a notice required by subsection 68 (1) of the Act within the time required by subregulation (1).
Penalty: 10 penalty units.
(3) Strict liability applies in subregulation (2) to the physical element that a notice is required by subsection 68 (1).
Note Forstrict liability , see section 6.1 of theCriminal Code .
(4) It is a defence to a prosecution for an offence against subregulation (2) that it was not reasonably practicable for the defendant to give the notice within the time required.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (4) (see section 13.3 of theCriminal Code ).
(1) For the purposes of section 68 of the Act (‘notification of accidents and dangerous occurrences’), notice of an accident must include the following information:
(a) the name of the employer; and
(b) the address of the workplace; and
(ba) whether the workplace is a major hazard facility within the meaning of the
Occupational Health and Safety (Safety Standards) Regulations 1994 ; and(c) the time and date of the accident; and
(d) details of the accident, including a description of:
(i) the location in the workplace where the accident occurred; and
(ii) any plant and equipment that was involved in the accident; and
(iii) the process or substance used in the undertaking at the workplace that was involved in the accident; and
(da) action that the employer has taken, or proposes to take, to prevent recurrence of an accident of the same kind; and
(e) subject to subregulation (3), the full name of:
(i) each person killed; and
(ii) each person receiving serious personal injury; and
(iii) each person incapacitated within the meaning of paragraph 68 (1) (b) of the Act; and
(g) in respect of the person giving the notice:
(i) his or her name; and
(ii) the classification and designation (if any) of the position occupied, or the duties of which are performed, by him or her; and
(iii) his or her telephone number during working hours.
(2) For the purposes of section 68 of the Act, notice of a dangerous occurrence must include:
(a) information referred to in paragraphs (1) (a), (b), (ba), (c), (d) and (da), as if a reference in those paragraphs to an accident were a reference to a dangerous occurrence; and
(b) information referred to in paragraph (1) (g).
(3) If an accident results in the death of, or injury to, more than one person, an employer is not obliged to give to Comcare the name of a dead or injured person until the names of all persons who died or were injured as a result of the accident are known to the employer.
(4) Any notice under subregulation (1) or (2) must be given, in writing, to Comcare.
Note Despite subregulation (3), notice of death must be given by telephone under regulation 37C.
Notice of the death of a person must be given to Comcare:
(a) in business hours — by direct telephone contact with a Comcare employee in the relevant State or Territory; and
(b) outside business hours — by contacting, by telephone, the Comcare office in the relevant State or Territory and following the instructions given to callers.
Note Telephone numbers for Comcare offices in each State and Territory are listed on the Comcare website: Comcare’s telephone service includes a call diversion and message recording facility outside business hours.
For the purposes of section 69 of the Act (‘records of accidents and dangerous occurrences’), an employer must retain a record of a report under regulation 37D (‘reports of accidents and dangerous occurrences to be given’) for a period of 30 years.
(1) This regulation applies to an employee who:
(a) is a member of the A.C.T. transitional staff; and
(b) performs duties at a place that is owned or occupied
by the Australian Capital Territory Executive established by section 36 of the
Australian Capital Territory (Self‑ Government) Act 1988 .(2) For the purposes of section 15 of the Act, the Act (other than Parts 1 and 2 and section 82) applies in relation to the employee and to the employee’s place of work, subject to the modifications and adaptations set out in Schedule 4.
(1) Subject to the
Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for review of a decision of a returning officer under subregulation 28 (1) (‘irregularities at election’) by a person whose interests are affected by the decision.(2) A returning officer must take such steps as are reasonable in the circumstances to give a person whose interests are affected by the decision written notice of:
(a) the making of the decision; and
(b) the right to have the decision reviewed by the Administrative Appeals Tribunal; and
(c) except where subsection 28 (4) of the
Administrative Appeals Tribunal Act 1975 applies, the right to be given a statement under section 28 of that Act.(3) Failure to comply with subregulation (2) in relation to a decision does not affect the validity of the decision.
(1) This regulation applies to an employee who:
(a) is appointed as:
(i) an authorised officer under section 20 of the
Export Control Act 1982 ; or(ii) an authorised officer under section 40 of the
Imported Food Control Act 1992 ; or(iii) an authorised officer under section 32 of the
Meat Inspection Act 1983 ; or(iv) a person appointed as a quarantine officer (no matter how described) under subsection 9AA (3) of the
Quarantine Act 1908 ; or(v) a person appointed, or authorised to act, as a temporary quarantine officer under section 9A of that Act; and
(b) ordinarily performs his or her work as an authorised officer at a place that is not Commonwealth premises.
(2) For the purposes of section 15 of the Act, the Act, other than Parts 1 and 2 and section 82, applies in relation to the employee and to the employee’s place of work, subject to the modifications and adaptations set out in Schedule 5.
For paragraph 14 (1) (c) of the Act, the following provisions of the Act apply to work performed by employees at a workplace controlled by a contractor for construction or maintenance purposes while it is so controlled:
(a) Part 3;
(b) Part 4;
(c) Part 5;
(d) Schedule 2.
For section 15 of the Act, the following provisions of the Act apply in relation to an employee who ordinarily performs his or her work at a particular place that is neither Commonwealth premises nor non‑Commonwealth licensee premises:
(a) Part 3;
(b) Part 4;
(c) Part 5;
(d) Schedule 2.
For section 63 of the Act, the allowances and expenses reasonably allowed by the Commission in accordance with Schedule 3 are prescribed.
(subregulation 2 (2))
(regulation 4B)
Application for issue of certificate
Name(s) of employee(s):
Name, address, contact numbers and e‑mail address of employee representative:
Name and address of employer:
Name, address, contact numbers and e‑mail address of contact person in employer organisation:
Description of proposed consultations:
I/we confirm that I/we have asked
I/we wish to remain anonymous during these consultations.
I/we confirm that I am/we are current
members of
In compliance with the
of a certificate to the effect that
(regulation 30)
Provisional improvement notice
To:
I,
.
The breach is (
.
The breach is occurring at
.
The reasons for my opinion are as follows:
.
In
accordance with paragraph 29 (4) (b) of the Act, action necessary to prevent
the breach, or the likely breach, of the provision or provisions referred to
above must be taken before
(a) not less than 7 days after the day when the notice is issued; and
(b)
reasonable in the opinion of the health and safety representative).
In accordance with paragraph 29 (5) of the Act, the following action should be taken:
.
Dated
Health and safety representative
is issued, the responsible person, or any other person, to whom a copy of this notice has been given under subsection 29 (7) of the Act, may make a request to Comcare, or to an investigator, that an investigation of the matter the subject of this notice be conducted.
· notify each employee who is working for the employer and who is affected by this notice of the fact that this notice has been issued; and
· display a copy of this notice at or near each workplace at which work that is the subject of this notice is being performed.
· it is cancelled by the health and safety representative or an investigator; or
· the responsible person takes the action specified in this notice, or if no action is specified, takes the action that is necessary to prevent the further breach, or likely breach, with which this notice is concerned.
· to ensure that, to the extent that this notice relates to any matter over which the person has control, that this notice is complied with; and
· to inform the health and safety representative who issued this notice of the action taken to comply with this notice.
· an employer affected by the investigator’s decision;
· the person to whom this notice was issued;
· the health and safety representative or an employee representative in relation to a designated work group when requested by an employee affected by the decision;
· if there is no designated work group — an employee representative when requested by an employee affected by the decision;
· the owner of any plant, substance or thing to which the decision relates.
(paragraph 34 (a))
Notice of removal of plant or sample
To:
(
and (
I,
(
of the
(
from the workplace at:
(
The reason for this action is:
(
Signed: (
Dated:
(a) ensure that the item is inspected, examined, measured or tested as soon as reasonably practicable after the investigator took possession of the item; and
(b) return the item to the workplace as soon as reasonably practicable after the inspection, examination, measurement or testing is completed.
is required under subsection 44 (2) of the Act to give this notice, a written statement setting out the results of the inspection, examination, measurement or testing.
· an employer affected by the investigator’s decision;
· a person to whom a notice has been issued under subsection 29 (2) or 47 (1) of the Act;
· the health and safety representative or an employee representative in relation to a designated work group when requested by an employee affected by the decision;
· if there is no designated work group — an employee representative when requested by an employee affected by the decision;
· the owner of any plant, substance or thing to which the investigator’s decision relates.
(paragraph 34 (b))
Do not disturb direction
To: (
name of person in charge of operations at workplace )
I,
(
(
is not to be disturbed during the period from am/pm
to am/pm on (
The reasons for issuing this notice are:
Signed: (
Dated:
(a) that is, or the specified part of which is, under this direction, to be left undisturbed; or
(b) at which the plant, substance or thing that is, under this direction, to be left undisturbed, is located.
· an employer affected by the investigator’s decision;
· a person to whom a notice has been issued under subsection 29 (2) or 47 (1) of the Act;
· the health and safety representative or an employee representative in relation to a designated work group when requested by an employee affected by the decision;
· if there is no designated work group — an employee representative when requested by an employee affected by the decision;
· the owner of any plant, substance or thing to which the investigator’s decision relates.
(paragraph 34 (c))
Prohibition notice
To:
(
and
(
I, (
(
where an activity is being undertaken that immediately threatens the health and safety of a person at or near the workplace.
I THEREFORE PROHIBIT the following activity or activities:
(a) at this workplace or part of workplace: (
specify workplace, or part, if applicable )(b) using this plant or substance: (
specify plant or substance, if applicable )(c) following this procedure: (
specify procedure, if applicable )
* Action that may betaken that will be adequate to remove the threat to health and safety is:
(
Signed: (
Dated:
[* Omit if inapplicable]
(a) give a copy of this notice to each health and safety representative (if any) for a group of the employer’s employees performing work that is affected by this notice; and
(b) ensure that a copy of this notice is displayed in a prominent place at or near each workplace at which that work is being performed.
· an employer affected by the investigator’s decision;
· a person to whom a notice has been issued under subsection 29 (2) or 47 (1) of the Act;
· the health and safety representative or an employee representative in relation to a designated work group when requested by an employee affected by the decision;
· if there is no designated work group — an employee representative when requested by an employee affected by the decision;
· the owner of any plant, substance or thing to which the investigator’s decision relates.
(a) to issue this notice; or
(b) that an employer to whom this notice was issued has not taken adequate action to remove the threat to health and safety that caused this notice to be issued;
does not affect the operation of the decision, or prevent the taking of action to implement the decision, except to the extent that the reviewing authority makes an order to the contrary.
(paragraph 34 (d))
Improvement notice
To: (
and (
name of employer if different from person responsible )
and
I,
(
(
The reasons for my opinion are:
(
You
are required to take action within (
*The following action must be taken by the responsible person within the period specified above:
(
Signed: (
Dated:
[* Omit if inapplicable]
Return this portion of the notice (when the required improvement has been completed) to this address:
Name:
Position:
Address:
Telephone:
Improvement Notice No. has been complied with.
Signed:
This notice was delivered to: (
in the office/position of: (
insert office/position )
at: (
the breach (see Part 1 of Schedule 2 to the Act). The maximum criminal penalty for non‑compliance with this requirement by a non‑Commonwealth licensee employer, a Government business enterprise, an employee of a non‑Commonwealth licensee employer or an employee of a Government business enterprise is $99 000 (see Part 2 of Schedule 2 to the Act).
(a) give a copy of this notice to each health and safety representative for a designated workgroup of employees performing work that is affected by this notice; and
(b) display a copy of this notice in a prominent place at or near each workplace at which that work is being performed.
· an employer affected by the investigator’s decision;
· the person to whom this notice was issued;
· the health and safety representative or an employee representative in relation to a designated work group when requested by an employee affected by the decision;
· if there is no designated work group — an employee representative when requested by an employee affected by the decision;
· the owner of any plant, substance or thing to which the investigator’s decision relates.
(regulation 4A)
1 | Australian Federal Police, comprising:
| Commissioner of Police |
2 | Australian Secret Intelligence Service, comprising:
| Director‑General |
3 | Australian Security Intelligence Organisation, comprising:
| Director‑General of Security |
4 | Commonwealth Bureau of Meteorology | Director |
5 | Commonwealth Grants Commission | Chairperson |
6 | Comsuper, comprising:
| Commissioner for Superannuation |
7 | Alligator Rivers Region Research Institute (also known as
the Environment Research Institute of the Supervising Scientist), established
under section 23 of the | Supervising Scientist |
8 | High Court of Australia, comprising:
| Chief Executive and Principal Registrar |
9 | National Archives of Australia | Director‑General |
10 | Office of Official Secretary to the Governor‑General, comprising:
| Official Secretary |
11 | Australian Agency for International Development, comprising:
| Director General |
(subregulation 31 (1))
This identifies
(
(
(
Dated
(regulation 41)
1 If a person lives more than 50 kilometres from the place at which he or she is summoned, the cost of transport between the usual place of residence of the person and the place that he or she attends in accordance with the summons.
2 If a person is required to be absent overnight from the usual place of residence of the person, the cost of meals and accommodation during the absence.
3 A person summoned to appear as a witness because of his or her professional, scientific or other special skill or knowledge must be paid:
(a) if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and
(b) in any other case:
(i) an amount of not less than $45, or more than $225, for each day when he or she so attends; and
(ii) a reasonable amount for any research or other preparation in relation to the attendance.
4 A person summoned to appear as a witness, other than a witness referred to in clause 3, must be paid:
(a) if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and
(b) in any other case — an amount of not less than $52, or more than $86, for each day when he or she so attends.
(subregulation 38 (2))
1.1 After section 23, insert in Part 3:
“
‘In this Part, unless the contrary intention appears:
employee means a person to whom regulation 38 of theOccupational Health and Safety (Safety Arrangements) Regulations 1991 applies.
workplace means a place:
(a) at which employees work; and
(b) that is owned or occupied by the Australian Capital Territory Executive established by section 36 of the
Australian Capital Territory (Self‑Government) Act 1988 .’.”
2.1 After section 38, insert in Part 4:
“
‘In this Part, unless the contrary intention appears,
employee andworkplace have the same meanings as in section 23A.’.”
3. Section 65 (Report to be given to Minister in certain circumstances)
3.1 Subsection 65 (1):
After “Minister”, insert “and the Chief Minister of the Australian Capital Territory”.
3.2 Add at the end:
“(3) The Chief Minister is to cause a copy of the report to be laid before the Legislative Assembly of the Australian Capital Territory as soon as practicable after the report is given to the Chief Minister.”.
4. Section 66 (Report to be given to Minister of failure to comply with directions etc)
4.1 Subsection 66 (1):
After “Minister”, insert “and the Chief Minister of the Australian Capital Territory”.
4.2 Add at the end:
“(3) The Chief Minister is to cause a copy of the report to be laid before the Legislative Assembly of the Australian Capital Territory as soon as practicable after the report is given to the Chief Minister.”.
5.1 After section 67, insert in Part 5:
“In this Part, unless the contrary intention appears,
employee andworkplace have the same meanings as in section 23A.”.
(subregulation 38A (2))
1.1 After section 23, insert in Division 1 of Part 3:
“(1) In this Part, unless the contrary intention appears:
employee means a person to whom regulation 38A of theOccupational Health and Safety (Safety Arrangements) Regulations 1991 applies.
operator means a person who carries on a business at a workplace, being a business in relation to which an employee ordinarily performs his or her work.
workplace means a place at which an employee ordinarily performs his or her work.”.
2.1 Subsection 24 (7):
Add at the end:
“; and
(i) the effect on the operation of the workplace of the new or varied work group.”.
4. Section 28 (Powers of health and safety representatives)
4.1 Sub‑subparagraph 28 (1) (a) (i) (B):
After “employer”, insert “and the operator”.
4.2 After sub‑subparagraph 28 (1) (d) (i) (A), insert:
“(AA) at the workplace; or”.
4.3 Subsection 28 (3):
Omit the subsection, substitute:
“(3) A health and safety representative for a designated work group must not be assisted by a consultant at a workplace at which work is performed for an employer of the employees in the group unless:
(a) the operator; and
(b) either:
(i) the employer; or
(ii) the Commission;
agree, in writing, to the provision of the assistance at the workplace.
“(3A) A health and safety representative for a designated work group must not provide to a consultant information that has been provided to the health and safety representative by an employer under paragraph (1) (d) unless the employer or the Commission has agreed, in writing, to the provision to the consultant of the information.”.
4.4 Subsection 28 (4):
After “An employer”, insert “or an operator”.
4.5 Subsection 28 (4):
After “the employer”, insert “or the operator”.
4.6 Paragraph 28 (6) (a):
Omit the paragraph, substitute:
“(a) to information in respect of which:
(i) the employer; or
(ii) the operator; or
(iii) if the premises on which the operator’s business is located are not owned by the operator—the owner of the premises;
is entitled to claim, and does claim, legal professional privilege; and”.
5.1 Subsection 29 (2):
Omit “the person”, substitute “the employer”.
5.2 Subsection 29 (2):
Omit “responsible for the contravention”.
6. Section 30 (Duties of employers and operators in relation to health and safety representatives)
6.1 Subsection 30 (1):
After paragraph 30 (1) (a), insert:
“(aa) make all reasonable efforts to enter into an agreement with the relevant operator to carry out changes at the workplace that the employer is unable to carry out; and”.
6.2 Subparagraph 30 (1) (b) (i):
Omit the subparagraph, substitute:
“(i) accompany an investigator during an investigation at the workplace; and”.
6.3 Add at the end:
“(4) The operator of a prescribed workplace must assist the representative to make an inspection of the workplace that
the representative is entitled to make in accordance with subparagraph 28 (1) (a) (i).
“(5) In subregulation (4),
prescribed workplace means a workplace at which there are employees in a designated work group for which there is a health and safety representative.”.
7. Section 31 (Resignation etc of health and safety representative)
7.1 Subsection 31 (3):
After “notify”, insert “the operator in relation to the work group and”.
8. Section 32 (Disqualification of health and safety representatives)
8.1 After subparagraph 32 (1) (a) (i), insert:
“(iA) with the intention of causing harm to the operator or to an undertaking of the operator; or
(iB) if the premises on which the operator’s business is located are not owned by the operator — with the intention of causing harm to the owner of the premises or to an undertaking of the owner; or”.
8.2 Paragraph 32 (2) (a):
Omit the paragraph, substitute:
“(a) the harm (if any) that was caused to:
(i) the employer or to an undertaking of the employer; or
(ii) the operator or to an undertaking of the operator; or
(iii) the owner of the premises or to an undertaking of owner;
as a result of the action of the representative; and”.
9.1 Paragraph 34 (2) (a):
Omit the paragraph.
10. Section 36 (Duties of employers in relation to health and safety committees)
10.1 After paragraph 36 (1) (a), insert:
“(aa) make all reasonable efforts to obtain information of a kind referred to in paragraph (a) from:
(i) the operator of the relevant workplace; or
(ii) if the premises on which the operator’s business is located are not owned by the operator — the owner of the premises; and”.
11.1 After section 38, insert in Division 1 of Part 4:
“In this Part, unless the contrary intention appears,
employee ,operator andworkplace have the same meanings as in Part 3.
12. Section 44 (Power to take possession of plant, take samples of substances etc)
12.1 Paragraph 44 (2) (a):
Omit “for which work is performed using the plant, substance or thing”, substitute “and the operator of the workplace”.
12.2 Paragraph 44 (2) (b):
After “an employer”, insert “or the operator of the workplace”.
13. Section 46 (Power to issue prohibition notices)
13.1 Subsection 46 (2):
Omit the subsection.
14. Section 47 (Power to issue improvement notices)
14.1 Subsection 47 (2):
Omit the subsection, substitute:
“(2) If the operator of the workplace is not the responsible person, the investigator must, as soon as practicable, give the operator a copy of the improvement notice.”.
15.1 Omit the section.
16.1 Paragraph 53 (3) (b):
Add at the end “, to the operator of the relevant workplace and, if the premises on which the operator’s business is located are not owned by the operator, to the owner of the premises.”.
17.1 After section 67K, insert in Part 5:
“In this Part, unless the contrary intention appears,
employee ,operator andworkplace have the same meanings as in Part 3.
18. Section 68 (Notification of accidents and dangerous occurrences)
18.2 Subsection 68 (1):
Omit “the conduct of the undertaking”, substitute “the work performed for an employer by an employee”.
18.3 After subsection 68 (1), insert:
“(1A) If, at or near a workplace, there is, arising out of the conduct of the operator’s business:
(a) an accident that causes the death of, or serious personal injury to, an employee; or
(b) an accident that causes an employee who is working at the workplace to be incapacitated from performing work for the period prescribed for the purposes of paragraph (1) (b); or
(c) a dangerous occurrence in the vicinity of an employee who is working at the workplace;
the employer must notify the Commission in accordance with the regulations.”.
The
as shown in this compilation comprise Statutory Rules 1991 No. 266 amended as indicated in the Tables below.
For all relevant information pertaining to application,
saving or transitional provisions
1991 No. 266 | 30 Aug 1991 | 6 Sept 1991 | |
1992 No. 244 | 29 July 1992 | 29 July 1992 | — |
1993 No. 5 | 29 Jan 1993 | 29 July 1993 | — |
1993 No. 112 | 3 June 1993 | 3 June 1993 | — |
1994 No. 22 | 18 Feb 1994 | 18 Feb 1994 | — |
1998 No. 115 | 27 May 1998 | 27 May 1998 | R. 4 |
1998 No. 355 | 22 Dec 1998 | 1 Jan 1999 | — |
2001 No. 54 | 29 Mar 2001 | 29 Mar 2001 | — |
2001 No. 90 | 17 May 2001 | 17 May 2001 | — |
2001 No. 270 | 5 Oct 2001 | 5 Oct 2001 | — |
2001 No. 326 | 13 Dec 2001 | 15 Dec 2001 | — |
2003 No. 313 | 11 Dec 2003 | 11 Dec 2003 | — |
2005 No. 268 | 24 Nov 2005 ( | 25 Nov 2005 | — |
2007 No. 29 | 2 Mar 2007 ( | R. 2 (am. by 2007 No. 95, Sch. 1 (item 1)) | |
| |||
| 27 Apr 2007 ( | 14 Mar 2007 ( | — |
2007 No. 96 | 30 Apr 2007 ( | 1 May 2007 | — |
2010 No. 192 | 30 June 2010 ( | 1 July 2010 | — |
2011 No. 93 | 21 June 2011 ( | 22 June 2011 | — |
2 These Regulations commence as follows:
(a) immediately after the commencement of items 1 to 50 of Schedule 1 to the
OHS and SRC Legislation Amendment Act 2006 — regulations 1, 2 and 3 and items [1], [2], [3], [5], [23], [26], [27], [28], [29], [33], [36], [37], [39], [40], [42], [44], [46], [47], [53], [54] and [56] of Schedule 1;(b) immediately after the commencement of regulations 1, 2 and 3 and items [1], [2], [3], [5], [23], [26], [27], [28], [29], [33], [36], [37], [39], [40], [42], [44], [46], [47], [53], [54] and [56] of Schedule 1 — regulation 4 and Schedule 2;
(c) on 15 March 2007 — the remainder.
Items
1 to 50 of Schedule 1 to the
| |
R. 1......................................... | rs. 1998 No. 355; 2007 No. 29 |
R. 2......................................... |
|
R. 2A....................................... | ad. 1993 No. 5 |
Heading to r. 3...................... | rs. 1998 No. 355 |
R. 3......................................... | am. 1993 No. 5; 1998 No. 355 |
R. 4......................................... | rs. 1993 No. 5 |
am. 1998 Nos. 115 and 355; 2003 No. 313 | |
rs. 2005 No. 268 | |
am. 2011 No. 93 | |
Heading to r. 4A.................... | rs. 2010 No. 192 |
R. 4A....................................... | ad. 2001 No. 90 |
R. 4B....................................... | ad. 2007 No. 29 |
Part 2...................................... | rep. 2007 No. 29 |
Heading to Part 3.................. | rs. 2007 No. 29 |
R. 5......................................... | rs. 2007 No. 29 |
R. 6......................................... | am. 1993 No. 5 |
rs. 2003 No. 313; 2007 No. 29 | |
R. 7......................................... | am. 1993 No. 5 |
rep. 2007 No. 29 | |
Div. 2 of Part 3...................... | rep. 2007 No. 29 |
R. 8......................................... | rep. 2007 No. 29 |
R. 9......................................... | am. 1993 No. 5 |
rep. 2007 No. 29 | |
Rr. 10, 11............................... | rep. 2007 No. 29 |
R. 17....................................... | am. 2007 No. 29 |
R. 19....................................... | am. 2007 No. 29 |
R. 20....................................... | am. 2007 No. 29 |
R. 22A.................................... | ad. 1993 No. 5 |
am. 2001 No. 326 | |
R. 23....................................... | am. 2007 No. 29 |
R. 23A.................................... | ad. 2007 No. 29 |
R. 26....................................... | am. 2007 No. 29 |
R. 29....................................... | am. 1993 No. 5; 2003 No. 313; 2007 No. 29 |
R. 30....................................... | am. 1993 No. 5 |
R. 31....................................... | am. 1993 No. 5; 2001 No. 326 |
R. 32....................................... | am. 1993 No. 5; 2001 Nos. 54 and 326 |
R. 34....................................... | rs. 1993 No. 5 |
R. 35....................................... | rs. 1993 No. 5; 2001 No. 326 |
Heading to Part 5.................. | rs. 2003 No. 313; 2007 No. 29 |
R. 36AA.................................. | ad. 1994 No. 22 |
rep. 2003 No. 313 | |
R. 36....................................... | rep. 2003 No. 313 |
R. 36A.................................... | ad. 1993 No. 5 |
am. 1998 No. 355; 2007 No. 29 | |
Heading to r. 37.................... | rs. 2007 No. 29 |
R. 37....................................... |
|
R. 37A.................................... | ad. 1993 No. 5 |
am. 2001 No. 326; 2007 No. 29 | |
R. 37B.................................... | ad. 1993 No. 5 |
am. 1998 No. 355; 2007 No. 29 | |
R. 37C.................................... | ad. 1993 No. 5 |
rs. 2003 No. 313 | |
R. 37D.................................... | ad. 1993 No. 5 |
am. 1998 No. 355; 2001 No. 326 | |
rep. 2007 No. 29 | |
R. 37E.................................... | ad. 1993 No. 5 |
am. 1998 No. 355 | |
rep. 2007 No. 29 | |
R. 37F..................................... | ad. 1993 No. 5 |
rs. 1998 No. 355 | |
rep. 2007 No. 29 | |
R. 37G.................................... | ad. 1993 No. 5 |
R. 37H.................................... | ad. 1993 No. 5 |
rep. 2001 No. 54 | |
Heading to Part 6.................. | ad. 1993 No. 5 |
R. 38....................................... | ad. 1992 No. 244 |
Part 7...................................... | ad. 1993 No. 5 |
R. 39....................................... | ad. 1993 No. 5 |
Heading to r. 38A.................. | rs. 2001 No. 270 |
R. 38A.................................... | ad. 1993 No. 112 |
am. 2001 No. 270 | |
Part 8...................................... | ad. 2003 No. 313 |
R. 39A.................................... | ad. 2007 No. 96 |
R. 40....................................... | ad. 2003 No. 313 |
rs. 2007 No. 96 | |
R. 41....................................... | ad. 2003 No. 313 |
Heading to Schedule 1........ | rs. 1993 No. 5 |
Form 1A................................. | ad. 2007 No. 29 |
Heading to Form................... | rep. 1993 No. 5 |
Heading to Form 1................ | ad. 1993 No. 5 |
|
|
|
|
| |
|
|
|
|
| |
|
|
| |
|
|
am. 2003 No. 313; 2007 No. 29 | |
Heading to Schedule 1A...... | rs. 2010 No. 192 |
Schedule 1A.......................... | ad. 2001 No. 90 |
am. 2010 No. 192 | |
Schedule 2............................. | am. 1993 No. 5; 2001 No. 54; 2007 No. 29 |
Heading to Schedule 3........ | rs. 2003 No. 313 |
Schedule 4............................. | ad. 1992 No. 244 |
am. 2007 No. 29 | |
Heading to Schedule 5........ | rs. 2001 No. 270 |
Schedule 5............................. | ad. 1993 No. 112 |
am. 2007 No. 29 | |
Regulation 37G — Schedule 1
(item 31) of the
omit report under regulation 37D (‘report of accidents and dangerous occurrences to be given’)
insert notice under regulation 37A (‘notice of accidents and dangerous occurrences to be given’)
The proposed amendment was misdescribed and is not incorporated in this compilation.
Table A Application, saving or transitional provisions
4.1 The amendment made by regulation 3 has effect from the commencement of the
Productivity Commission Act 1998 .
0
0
0