Occupational Health and Safety (Safety Standards) Regulations 1994 (Cth)
made under the
This compilation was prepared on 16 March 2011
taking into account amendments up to SLI 2011 No. 25
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Division 2 Duties relating to the performance of work
Division 4 Duties of an erector or installer of plant
Division 7 General requirements for hazard identification, risk assessment and risk control
Division 2 Duties of a manufacturer, and a supplier, of a hazardous substance for the Commonwealth
Division 3 Duties of an employer in relation to the use of hazardous substances
Division 4 Employees’ duties in relation to hazardous substances
Division 8.2 Duties of manufacturers, suppliers and installers
Subdivision 8.2.1 Duties of manufacturers of dangerous goods
Subdivision 8.2.2 Duties of suppliers of dangerous goods
Subdivision 8.2.3 Duties of suppliers or installers of plant or structures
Subdivision 8.3.1 Hazard identification and risk assessment
Subdivision 8.3.4 Notification of storage and handling of dangerous goods other than explosives
Subdivision 8.3.4A Notification of storage and handling of explosives
Subdivision 8.3.5 Marking and identification of containers
Subdivision 8.3.6 Placards — bulk dangerous goods and HAZCHEM
Subdivision 8.3.7 Other placards — quantity of packaged dangerous goods or combustible liquids exceeds placarding quantity
Division 9.2 Notification and classification of a potential major hazard facility
Subdivision A Notifications of potential major hazard facilities
Subdivision B Classification of potential major hazard facility
Subdivision C Revocation of classification of major hazard facility
Subdivision D Classification of identified major hazard facility
Division 9.3 Licence to operate a major hazard facility
Subdivision A Licensing scheme for employers in control of major hazard facilities
Subdivision B Certificate of compliance scheme for employers in control of major hazard facilities
Subdivision C Bridging licence scheme for employers in control of identified major hazard facilities
Subdivision D Transfer of licence or certificate of compliance between employers
Subdivision B Duties applying to an employer in control of certain major hazard facilities
Subdivision C Additional duty applying to employer in control of identified major hazard facility
Division 9.5 Duties of an employee and a contractor
Subdivision B Requirements for application for approval
Division 11.3 Additional duty of employer to keep records
Division 11.4 Duty of employer in the capacity of consignee or consignor
Division 12.2 General duties of employers in control of a construction project
Division 12.4 Occupational health and safety management plans
Division 3.2 Exemption for uses other than defence mission‑critical uses
Division 3.3 Exemption for defence mission‑critical uses
These Regulations are the
Occupational Health and Safety (Safety Standards) Regulations 1994 .
These Regulations commence on 31 March 1995.
Note In these Regulations, boxed notes similar to this are used to help you to read the Regulations. The notes are for information only, and the effect of subsection 13 (3) of theActs Interpretation Act 1901 is that they do not form part of the Regulations.The notes serve various purposes, such as providing historical or explanatory information. They may draw your attention to the existence of documents such as
Approved Codes of Practice , which provide practical guidance on how a particular standard of health and safety can be achieved and describe the preferred methods or courses of action for achieving the standard of health and safety.
Part 20 contains definitions of certain expressions that are used in these Regulations.
Note Part 20 defines expressions that are generally used in more than one Part of these Regulations. If an expression is used in only one Part, it will be defined at the start of that Part.In addition, a number of expressions that are used in these Regulations are defined in subsection 5 (1) of the
Occupational Health and Safety Act 1991 , includingcontractor, employee, employer andworkplace .
A person is not guilty of an offence against these Regulations if the alleged offence arises out of circumstances over which:
(a) the person did not have control; and
(b) the person could not reasonably be expected to have control.
Notes 1. These Regulations incorporate National Standards declared by the National Occupational Health and Safety Commission under subsection 38 (1) of the
National Occupational Health and Safety Commission Act 1985 .2. Penalties in these Regulations are expressed in penalty units, in accordance with the requirements of section 4AA of the
Crimes Act 1914 .At the time these Regulations commenced, one penalty unit was equal to $100.3. State and Territory laws also promote occupational health and safety, and they may apply, in addition to these Regulations, to the people and bodies referred to in these Regulations.
(1) An employer must ensure, in relation to the implementation of these Regulations, that appropriate steps are taken to identify all reasonably foreseeable hazards arising from work which may affect the health or safety of employees or other persons at work.
Penalty: 10 penalty units.
(2) If a hazard is identified under subregulation (1), the employer must ensure that an assessment is made of the risks associated with the hazard.
Penalty: 10 penalty units.
(3) In carrying out an assessment under subregulation (2), the employer must, as far as reasonably practicable, determine a method of assessment that adequately addresses the hazards identified, and includes at least one of the following:
(a) a visual inspection;
(b) auditing;
(c) testing;
(d) technical or scientific evaluation;
(e) an analysis of injury and near‑miss data;
(f) discussions with designers, manufacturers, suppliers, importers, employers, employees or other relevant parties;
(g) a quantitative hazard analysis.
(4) Without limiting the operation of subregulations (1) and (2), the identification of hazards and the assessment of associated risks must be undertaken:
(a) before the introduction of any plant or substance; and
(b) before the introduction of a work practice or procedure; and
(c) before changing a workplace or a work practice, or an activity or process, where the change may give rise to a risk to health or safety.
(5) This Regulation does not limit the operation of any other regulation that expressly provides for the identification of hazards or the assessment of risks to the health or safety of a person at work.
(1) An employer must ensure that any risks to health or safety arising from work are:
(a) eliminated; or
(b) if it is not reasonably practicable to eliminate the risks — minimised.
Penalty: 10 penalty units.
(2) If it is reasonably practicable only to minimise risk, the employer must implement control measures by taking the following steps:
STEP 1: the application of engineering controls, including substitution, isolation and modifications to design and guarding.
STEP 2: if Step 1 does not minimise the risk, the application of administrative controls, including safe work practices.
STEP 3: if Step 2 does not minimise the risk, the provision of appropriate personal protection.(3) This Regulation does not limit the operation of any other regulation that expressly provides for the control of risks to the health or safety of a person at work.
Note TheOccupational Health and Safety Act 1991 imposes general duties upon groups of persons. These general duties are supported by specific duties that are prescribed in these Regulations. This note identifies:(a) the groups of people upon whom duties are imposed by the Act; and
(b) the provision of the Act which imposes the general duty.
1. Employers Employers are referred to in sections 16 (Duties of employers in relation to their employees) and 17 (Duty of employers in relation to third parties) of the Act.
2. Manufacturers Manufacturers of plant or substances are referred to in section 18 of the Act (Duties of manufacturers in relation to plant and substances).
3. Suppliers Suppliers of plant or substances are referred to in section 19 of the Act (Duties of suppliers in relation to plant and substances).
4. Persons erecting or installing plant Persons erecting or installing plant in a workplace are referred to in section 20 of the Act (Duties of person erecting or installing plant in a workplace).
5. Employees Employees are referred to in section 21 of the Act (Duties of employees in relation to occupational health and safety).
The object of this Part is to minimise the incidence and severity of injuries associated with performing high risk work by requiring employers to ensure that employees and contractors are not permitted to perform the work unless licensed to do so by a State or Territory authority.
Note The regulations in this Part should be read with the National Standard for Licensing Persons Performing High Risk Work. The Standard can be found atlevel="5"> 2.02 Definitions for Part 2 In this Part, unless the contrary intention appears:
certificate of competency means a document that:
(a) identifies the competency of the person to whom it is issued; and
(b) is issued by an authority of a State or a Territory that has the power, under a law of the State or Territory, to issue a certificate that relates to the performance of high risk work; and
(c) is issued prior to the implementation by that State or Territory of the National Standard for Licensing Persons Performing High Risk Work; and
(d) authorises a person to perform high risk work.
high risk work means any of the following classes of work:
(a) scaffolding work;
(b) rigging (including dogging) work;
(c) crane and hoist operation;
(d) forklift operation;
(e) pressure equipment operation.
Note The classes of work listed above are consistent with those classes of work in the schedule to the National Standard for Licensing Persons Performing High Risk Work as in force at the date of commencement of these Regulations.
licence means a document that is issued by a licensing authority in accordance with the National Standard for Licensing Persons Performing High Risk Work authorising a person to perform one or more classes of high risk work.
licence holder means the person who is named on a licence as authorised to perform high risk work.
licensing authority means the government authority responsible for the administration of the licensing system set out in the National Standard for Licensing Persons Performing High Risk Work.
National Standard for Licensing Persons Performing High Risk Work means the National Standard for Licensing Persons Performing High Risk Work:
(a) declared by the Australian Safety and Compensation Council in accordance with subsection 6 (1) of the
Australian Workplace Safety Standards Act 2005 ; and(b) as in existence immediately before the commencement of this regulation.
Note The Standard can be found atlevel="5"> 2.03 Preservation of State and Territory laws
(1) For subsection 4 (3) of the Act, and subject to subregulation (2), the following laws are prescribed:
(a) a law of a State or Territory that relates to the issue, suspension, cancellation, renewal or exemption of a licence for a class of high risk work (whether or not the work is described in that law as high risk work);
(b) a law of a State or Territory that relates to the imposition of rights or obligations on employees in relation to a class of high risk work (whether or not the work is described in that law as high risk work).
(2) A law mentioned in subregulation (1) is not prescribed to the extent that it imposes rights or duties on an employer.
Division 2 Duties relating to the performance of work 2.04 Allowing persons to perform high risk work
(1) Subject to subregulations (3) and (4), an employer must not allow or direct an employee or a contractor to perform a class of high risk work at a workplace if the employee or contractor does not hold a licence to perform the class of high risk work.
Penalty: 150 penalty units.
(2) The penalty in subregulation (1) is a civil penalty.
(3) Subregulation (1) does not apply if :
(a) the employee or contractor has been exempted by a licensing authority from the requirement to hold a licence to perform the class of high risk work; or
(b) the employee or contractor is otherwise exempt from the requirement to hold a licence to perform the class of high risk work.
(4) Subregulation (1) does not apply if the employee or contractor is undertaking training to obtain a licence to perform that class of high risk work, and the employer:
(a) ensures that the employee or contractor is given directions and demonstrations relating to the class of high risk work that:
(i) are appropriate to the tasks assigned to the employee or contractor; and
(ii) are appropriate to the competence of the employee or contractor; and
(b) ensures, as far as practicable, that the directions and demonstrations referred to in paragraph (a) will allow the employee or contractor to perform the class of high risk work in a manner that is safe and without risk to health and safety; and
(c) ensures that the employee or contractor will be directly supervised by a person holding a current licence to perform the class of high risk work, unless the employer can demonstrate that:
(i) the circumstances of a particular task make this degree of supervision impractical or unnecessary; or
(ii) the level of the employee’s or contractor’s competence is such that direct supervision can be reduced; or
(iii) a lesser degree of supervision would not place the employee or contractor, or any other person at risk; and
(d) ensures that the employee’s or contractor’s performance of the task will be appropriately monitored.
2.05 Employer to provide training
(1) If:
(a) an employee or contractor becomes the holder of a licence at the employer’s workplace; or
(b) a licence holder is new at the employer’s workplace;
the employer must provide the employee, contractor or licence holder with training, instruction and information on the equipment operation, hazards, risks and control measures relevant to the employer’s workplace.
Penalty: 150 penalty units.
(2) If:
(a) new equipment is installed in the employer’s workplace; or
(b) changes are made to the operation, risks and control measures of existing equipment in the employer’s workplace; or
(c) new information becomes available on the safe operation of the equipment at the employer’s workplace;
the employer must, when necessary, provide the holder of a licence with training, instruction and information on the equipment operation, hazards, risks and control measures relevant to the employer’s workplace.
Penalty: 150 penalty units.
(3) The penalties in subregulations (1) and (2) are civil penalties.
2.06 Production of a licence for inspection
(1) An investigator may ask an employee or a contractor, who holds a licence, to produce the licence to the investigator.
(2) The employee or contractor must produce the licence to the investigator within a reasonable period after being asked.
Penalty: 50 penalty units.
(3) The penalty in subregulation (2) is a civil penalty.
Division 3 Suspension or cancellation of licence 2.07 Recommendation to a licensing authority for the suspension or cancellation of a licence Comcare may recommend the suspension or cancellation of a licence to the licensing authority that issued the licence if Comcare has evidence that:
(a) the licence was given to a person as a result of the provision of false or misleading information; or
(b) the licence holder is no longer competent to carry out the class of high risk work to which the licence relates without risk to:
(i) the licence holder’s health or safety; or
(ii) the health or safety of another person; or
(c) the licence holder has contravened a requirement of the Act or these Regulations, or of a corresponding law of a State or Territory, applying to the person.
Part 3 Occupational noise 3.01 Object of Part 3 The object of this Part is to ensure that:
(a) all reasonably practicable steps are taken to ensure that employees and contractors at work are not subjected to noise in excess of the exposure standard set out in regulation 3.03; and
(b) appropriate personal protective measures are implemented if the taking of all reasonably practicable steps does not reduce noise to or below the exposure standard set out in regulation 3.03.
Note The regulations in this Part should be read with theNational Standard for Occupational Noise [NOHSC:1007 (2000)] and theNational Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC:2009 (2000)].3.02 Interpretation of Part 3 In this Part, unless the contrary intention appears:
administrative noise control means a measure (not including the use of a personal hearing protector) that reduces the noise to which an employee or contractor is exposed at work by means of work arrangements, and includes:
(a) the scheduling of work; and
(b) job rotation; and
(c) limiting the entry of persons to work areas; and
(d) the observance of quiet work practices.
engineering noise control means a measure (not including the use of a personal hearing protector) that reduces the noise to which an employee or contractor is exposed, by the design or modification of plant or the physical working environment, including design or a modification for the purposes of:
(a) eliminating noisy plant; or
(b) replacing noisy plant by quieter plant; or
(c) reducing noise emission at the source of the noise; or
(d) isolating or enclosing noisy plant; or
(e) the acoustical treatment of the plant.
exposure standard means the exposure standard for noise set out in subregulation 3.03 (1).
noise assessment means an assessment, by a person with suitable qualifications and experience, of the noise to which an employee or a contractor is exposed at work:
(a) to establish whether the noise to which the employee or contractor is exposed exceeds, or is likely to exceed, the exposure standard; and
(b) to provide information, about the noise to which the employee or contractor may be exposed, that will assist the relevant employer to comply with these Regulations.
relevant plant means plant:
(a) that may emit hazardous levels of noise; and
(b) whose manufacturer, supplier or installer ought reasonably to expect will be used by employees, or contractors, at work.
(1) For the purposes of this Part, the exposure standard for noise is:
(a) an eight‑hour equivalent continuous A‑weighted sound pressure level, L
Aeq.8h of 85 dB(A) referenced to 20 micropascals; or(b) a C‑weighted peak sound pressure level L
C , peak of 140 dB.(2) The sound pressure level is the noise level determined at the employee’s ear position:
(a) in accordance with AS/NZS 1269.1:1998 ‘Occupational noise management — Measurement and assessment of noise immission and exposure’; and
(b) without taking into account any protection that may be provided by a personal hearing protector.
(3) The value of L
C , peak must be determined by using sound‑measuring equipment with a peak detector‑indicator characteristic that complies with the requirements of AS 1259.1‑1990 ‘Acoustics – Sound Level Meters – Non‑integrating’.
(1) The manufacturer of relevant plant must take all reasonably practicable steps to ensure that the plant is designed and constructed in a manner that, when the plant is properly installed, reduces the noise emitted by the plant to a level that:
(a) is safe for employees and contractors; and
(b) represents no risk to their health.
Penalty: 10 penalty units.
(2) The manufacturer of relevant plant must take all reasonably practicable steps to make available to an employer information about:
(a) the noise emitted by the plant; and
(b) ways to keep the noise emitted by the plant to the lowest level that is reasonably practicable to achieve.
Penalty: 10 penalty units.
(3) The manufacturer of relevant plant must take all reasonably practicable steps to give an employer, at the employer’s request, the information described in subregulation (2).
Penalty for a contravention of this subregulation: 10 penalty units.
(1) The supplier of relevant plant must take all reasonably practicable steps to ensure that the plant is supplied for use by an employee or a contractor in a condition that, when the plant is properly installed and used,:
(a) is safe for employees and contractors; and
(b) represents no risk to their health.
Penalty: 10 penalty units.
(2) The supplier of relevant plant must take all reasonably practicable steps to make available to an employer information about:
(a) the noise emitted by the plant; and
(b) ways to keep the noise emitted by the plant to the lowest level that is reasonably practicable to achieve.
Penalty: 10 penalty units.
(3) The supplier of relevant plant must take all reasonably practicable steps to give an employer, at the employer’s request, the information described in subregulation (2).
Penalty for a contravention of this subregulation: 10 penalty units.
(1) The installer of relevant plant must take all reasonably practicable steps to ensure that the plant is erected or installed for use by an employee or a contractor in a manner that:
(a) is in accordance with any specific instructions issued by the manufacturer of the plant for its erection or installation; and
(b) when the plant is properly installed, reduces the noise emitted by the plant to the lowest level that is reasonably practicable.
Penalty: 10 penalty units.
(2) The installer of relevant plant must take all reasonably practicable steps to ensure that the plant is not erected or installed in a manner that:
(a) makes the plant unsafe for employees or contractors who use it; or
(b) represents a risk to the health of employees or contractors because of excessive noise emission as a result of erecting or installing the plant.
Penalty for a contravention of this subregulation: 10 penalty units.
(1) If a risk exists of an employee or a contractor being exposed at work to noise that exceeds the exposure standard, the relevant employer must arrange for a noise assessment of the noise to which employees or contractors are exposed to be carried out.
Penalty: 10 penalty units.
(2) If a noise assessment is carried out under subregulation (1), the relevant employer must arrange for another noise assessment to be carried out no later than 5 years after the day on which the first‑mentioned noise assessment is completed.
Penalty: 10 penalty units.
(3) In spite of subregulation (2), if:
(a) a noise assessment is carried out; and
(b) the practices or the administration of the place at which the work is carried out change in a manner that may cause a significant increase in the noise to which an employee or a contractor is exposed;
the relevant employer must revise the noise assessment, or arrange for a new noise assessment to be carried out, to take account of the change.
Penalty for a contravention of this subregulation: 10 penalty units.
(1) An employer must provide and maintain:
(a) the place at which an employee performs work; and
(b) plant and systems of work;
in a manner that ensures that the employee is not exposed to noise, at or near the place, that exceeds the exposure standard.
Penalty: 10 penalty units.
(1A) It is a defence to a prosecution for an offence against subregulation (1) if the employer complied with the subregulation as far as reasonably practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (1A) (see section 13.3 of theCriminal Code ).
(2) An employer must provide and maintain:
(a) a workplace at which a contractor performs work; and
(b) plant and systems of work;
in a manner that ensures that the contractor is not exposed to noise, at or near the workplace, that exceeds the exposure standard.
Penalty: 10 penalty units.
(2A) It is a defence to a prosecution for an offence against subregulation (2) if the employer complied with the subregulation as far as reasonably practicable.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2A) (see section 13.3 of theCriminal Code ).
(3) If the employer is required to take action to ensure that an employee or a contractor is not exposed to noise that exceeds the exposure standard, the employer must carry out the following steps:
STEP 1: The employer must implement engineering noise controls to reduce the noise to which the employee or contractor is exposed.
STEP 2: If the engineering noise controls implemented under step 1 do not reduce the noise to which the employee or contractor is exposed to a level that is less than, or equal to, the exposure standard, the employer must implement administrative noise controls to reduce the noise to which the employee or contractor is exposed.Penalty: 10 penalty units.
(3A) It is a defence to a prosecution for an offence against subregulation (3) if the employer:
(a) implemented engineering noise controls in accordance with
STEP 1 ; and(b) implemented administrative noise controls in accordance with
STEP 2 ;as far as reasonably practicable.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3A) (see section 13.3 of theCriminal Code ).
(4) Until the engineering noise controls implemented under step 1 and the administrative noise controls implemented under step 2 reduce the noise to which the employee or contractor is exposed to a level that is less than, or equal to, the exposure standard, the employer must give the employee or contractor an appropriate personal hearing protector:
(a) that complies with the requirements of AS/NZS 1270:2002 ‘Acoustics — Hearing protectors’; and
(b) selected by the employer in accordance with the requirements of AS/NZS 1269.3:1998 ‘Occupational noise management — Hearing protector program’.
Penalty: 10 penalty units.
Note Guidance for appropriate hearing protection is provided by theNational Code of Practice for Management and Protection of Hearing at Work [NOHSC:2009(2000)], which can be found on the Internet at liability applies to the physical element in paragraph (4) (a) that the appropriate personal hearing protector complies with the requirements of AS/NZS 1270:2002 ‘Acoustics — Hearing protectors’.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(4B) Strict liability applies to the physical element in paragraph (4) (b) that the appropriate personal hearing protector is in accordance with the requirements of AS/NZS 1269.3:1998 ‘Occupational noise management — Hearing protector program’.
Note Forstrict liability ,see section 6.1 of the Criminal Code.
(5) In addition to carrying out the steps referred to in subregulation (3), the employer must:
(a) ensure that noise control measures are properly maintained at the workplace; and
(b) give an employee or a contractor information and training about the use of a personal hearing protector that the employee or contractor is given in accordance with subregulation (4); and
(c) ensure that a personal hearing protector given to an employee or contractor is properly used and maintained.
Penalty for a contravention of this subregulation: 10 penalty units.
Note Further advice and guidance on noise assessment and control can be found in the National Code of Practice for Occupational Noise.3.09 Duties of an employee
(1) An employee at work must:
(a) comply with any noise control measure implemented in accordance with this Part; and
(b) tell his or her employer, as soon as practicable, of any defect of which the employee is aware in any noise control equipment located at the place at which the employee carries out the work.
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical element in paragraph (1) (a) that the noise control measure is implemented in accordance with this Part.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(1B) It is a defence to a prosecution for an offence against subregulation (1) if the employee complied with the subregulation as far as reasonably practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (1B) (see section 13.3 of theCriminal Code ).
(2) If an employee is given a personal hearing protector, the employee must:
(a) use the protector; and
(b) tell his or her employer, as soon as practicable, of any defect of which the employee is aware in the protector.
Penalty: 10 penalty units.
(3) To avoid doubt, subregulations (1) and (2) do not affect any existing or future right at common law that would, but for this subregulation, be affected by those subregulations.
3.10 Duties of a contractor
(1) A contractor at a workplace must:
(a) comply with any noise control measure implemented in accordance with this Part; and
(b) tell the employer, as soon as practicable, of any defect of which the contractor is aware in any noise control equipment located at the workplace.
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical element in paragraph (1) (a) that the noise control measure is implemented in accordance with this Part.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(1B) It is a defence to a prosecution for an offence against subregulation (1) if the contractor complied with the subregulation as far as reasonably practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (1B) (see section 13.3 of theCriminal Code ).
(2) If a contractor is given a personal hearing protector, the contractor must:
(a) use the protector; and
(b) tell the employer, as soon as practicable, of any defect of which the contractor is aware in the protector.
Penalty: 10 penalty units.
(3) To avoid doubt, subregulations (1) and (2) do not affect any existing or future right at common law that would, but for this subregulation, be affected by those subregulations.
Part 4 Plant
Division 1 Introduction 4.01 Objects of Part 4 The object of this Part is to protect the health and safety of:
(a) employees; and
(b) contractors of an employer for the purposes of subsection 16 (4) of the Act; and
(c) other persons at or near a workplace under an employer’s control;
from hazards arising from plant, and systems of work associated with plant, by:
(d) ensuring that:
(i) hazards associated with the use of plant at work or at a workplace are identified; and
(ii) risks to health and safety are assessed and controlled; and
(e) eliminating risks to health and safety, or, if that is not reasonably practicable, minimising them; and
(f) specifying requirements relating to the design, manufacture, testing, installation, commissioning, use, repair, storage and disposal of plant; and
(g) requiring the provision of relevant information and training; and
(h) requiring that:
(i) certain plant not be operated unless the employer is licensed to operate the plant; and
(ii) certain plant not be operated unless the design of plant has been:
(A) notified to the Commission under regulation 4.50; or
(B) registered by the Commission under paragraph 4.52 (1) (a).
Note Plant is defined in subsection 5 (1) of the Act to include any machinery, equipment or tool, and any component thereof.4.02 Application of Part 4
(1) This Part applies to the manufacture of plant that begins only after this Regulation commences.
(2) This Part applies to the design of plant that begins only after this Regulation commences.
(2A) This Part applies to alterations to the design of plant that are carried out after this subregulation commences.
(3) This Part applies:
(a) to the supply of plant that is manufactured after this Regulation commences; and
(b) as far as is reasonably practicable, to the supply of plant that is manufactured before this Regulation commences.
(4) This Part applies to importers of plant who order new or used plant, for importation, after this Regulation commences.
(5) This Part applies to the installation or commissioning of plant that begins only after this Regulation commences.
(6) The provisions of this Part relating to the reinstallation or recommissioning of plant apply:
(a) to the reinstallation or recommissioning of plant that is manufactured after this Regulation commences; and
(b) as far as is reasonably practicable, to the reinstallation or recommissioning of plant that is manufactured before this Regulation commences.
(7) Unless the contrary intention appears, this Part applies to:
(a) the use, repair or disposal of plant, whether manufactured before or after the commencement of this Part; and
(b) hazard identification, risk assessment and the control of risk in relation to plant, whether manufactured before or after the commencement of this Part.
Note Regulation 4.02 commenced on 1 July 1996.
Division 2 Duties of a manufacturer of plant
Notes 1. The effect of subsection 18 (1) of the Act is that a manufacturer of plant may, in certain circumstances, have duties in relation to the design of the plant.
2. The effect of subsection 18 (3) of the Act is that if:
(a) plant is imported into Australia by a person who is not the manufacturer of the plant; and
(b) at the time of the importation, the manufacturer of the plant does not have a place of business in Australia;
the person importing the plant (who may be an employer or supplier) is taken to the manufacturer of the plant.
4.04 Hazard identification and risk assessment
(1) A manufacturer of plant that the manufacturer knows, or ought reasonably to expect, will be used by employees at work must take all reasonably practicable steps to ensure that hazards:
(a) arising from the design of the plant; and
(b) that are identified during the manufacture of the plant;
are identified in accordance with Division 7.
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical element in subregulation (1) that the hazards are identified in accordance with Division 7.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(2) If a hazard is identified under subregulation (1), the manufacturer must ensure that the risks associated with the hazard are assessed in accordance with subregulation (3) and Division 7.
Penalty: 10 penalty units.
(2A) Strict liability applies to the physical element in subregulation (2) that the risks are assessed in accordance with subregulation (3) and Division 7.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(3) In carrying out an assessment required by subregulation (2) in relation to the design of the plant, the manufacturer must ensure that the following are assessed:
(a) the impact of the plant on the work environment in which it is designed to operate;
(b) the range of environmental and operational conditions in which the plant is intended to be manufactured, transported, installed, erected and used;
(c) the ergonomic needs of persons who may use the plant;
(d) the need for safe access and egress for persons who install, erect or use the plant.
Penalty: 10 penalty units.
4.05 Elimination or control of risk
(1) If a risk assessment conducted by a manufacturer of plant for the purposes of regulation 4.04 identifies a risk to health and safety, the manufacturer must take all reasonably practicable steps to ensure that:
(a) the risk is eliminated; or
(b) if it is not reasonably practicable to eliminate the risk — the risk is minimised in accordance with Division 7 and subregulation (2).
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical element in subregulation (1) that:
(a) the risk assessment is conducted for the purposes of regulation 4.04; and
(b) the risk is minimised in accordance with Division 7 and subregulation (2).
Note Forstrict liability , see section 6.1 of theCriminal Code .
(2) For the purpose of minimising a risk in relation to design, the manufacturer must apply as many of the following measures as are appropriate:
(a) the use of designs which minimise the risks to health and safety associated with the use of the plant;
(b) the use of designs which have regard to ergonomic principles;
(c) the use of designs which enable components to be accessed for maintenance, repair or cleaning purposes with minimised risks to health and safety;
(d) ensuring that plant is designed according to all relevant standards referred to in Schedule 5;
(e) ensuring that powered mobile plant is designed to minimise the risk of the plant overturning, or of objects falling on an operator of the plant;
(f) if the risk assessment for powered mobile plant has identified a risk of:
(i) the plant overturning; or
(ii) objects falling on an operator of the plant; or
(iii) an operator of the plant being ejected from the seat;
the use of an appropriate combination of operator protective devices to minimise the risk;
(g) if a particular system of work or operator competency is a factor in the control of the risk — the specification of that system or competency;
(h) if the risk assessment has identified an increased risk due to the build up of unwanted substances or materials, the use of designs that minimise that build up.
Penalty: 10 penalty units.
(2A) Strict liability applies to the physical element in paragraph (2) (d) that a standard referred to in Schedule 5 is relevant.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(3) Subject to subregulation (4), a manufacturer of plant that the manufacturer knows, or ought reasonably to expect, will be used by employees at work must take all reasonably practicable steps to ensure that the plant is:
(a) manufactured having regard to the designer’s specification; and
(b) inspected having regard to the designer’s specification; and
(c) if it is required — tested having regard to the designer’s specification.
Penalty: 10 penalty units.
(4) If a fault in the design of plant that may affect health and safety is identified during the manufacture of the plant, the manufacturer must take all reasonably practicable steps to ensure that:
(a) the fault is not incorporated into the plant; and
(b) the designer of the plant is consulted on how to rectify the fault.
Penalty: 10 penalty units.
(5) If a manufacturer knows, or ought reasonably to expect, that, after being manufactured, plant has a fault that may affect the health and safety of employees at work, the manufacturer must take all reasonably practicable steps to ensure that the person to whom the plant was supplied is notified of the fault and of the steps required to rectify it.
Penalty: 10 penalty units.
A manufacturer of plant that the manufacturer knows, or ought reasonably to expect, will be used by employees at work, must take all reasonably practicable steps to make available to the employer information concerning:
(a) the systems of work necessary for the safe use of the plant; and
(b) the knowledge, training or skill needed by a person inspecting or testing the plant; and
(c) relevant emergency procedures.
Notes 1. See paragraph 18 (1) (c) of the Act for requirements relating to the provision of information about plant by manufacturers to employers in relation to the use of plant by employees at work.
2. The effect of subsection 22 (3) of the Act is that a manufacturer is taken to have complied with regulation 4.05 and with section 18 of the Act if the manufacturer relied on research, testing and examination carried out by another person or organisation and it was reasonable for the manufacturer to rely on that research, testing or examination.
(1) If a supplier of plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, identifies a risk to health and safety arising from the use of the plant, the supplier must take all reasonably practicable steps to ensure that, at the time of supply:
(a) the risk to health and safety arising from the use of the plant is eliminated; or
(b) if it is not reasonably practicable to eliminate the risk — the risk to health and safety from the use of the plant is minimised in accordance with Division 7.
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical element in paragraph (1) (b) that the risk is minimised in accordance with Division 7.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(2) A supplier of plant that is intended to be used at work for scrap or spare parts must, before supplying the plant, tell the employer, in writing or by marking the plant:
(a) the purposes for which the plant may be safely used; and
(b) that the plant must not be placed in service in the form in which it is supplied.
Penalty: 10 penalty units.
(2A) It is a defence to a prosecution for an offence against subregulation (2) if the supplier complied with the subregulation as far as reasonably practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2A) (see section 13.3 of theCriminal Code ).
(1) This regulation applies to a supplier who hires or leases plant:
(a) mentioned in Part 2 of Schedule 6; and
(b) that is registered by an authority of the State or Territory in which the supplier operates, in accordance with a law of that State or Territory.
(2) The supplier must take all reasonably practicable steps to ensure that:
(a) the plant is inspected and maintained in accordance with the laws of the State or Territory mentioned in paragraph (1) (b); and
(b) the plant is inspected and maintained between each hire or leasing to identify and, if necessary, minimise any risk to health and safety of employees from the use of the plant at work; and
(c) records of the inspection and maintenance of plant mentioned in paragraph (b) are kept for at least 12 months after the end of the hire or leasing period for the plant; and
(d) records of the registration of the plant are kept for at least 12 months after the date of registration.
Penalty: 10 penalty units.
(3) If a supplier hires or leases plant mentioned in subregulation (1) to an employer, being plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, the supplier must take all reasonably practicable steps to ensure that the employer is given the evidence mentioned in paragraph 4.40A (b) in relation to the plant.
Penalty: 10 penalty units.
(1) This regulation applies to a supplier who hires or leases plant, other than plant mentioned in Part 2 of Schedule 6.
(2) If the supplier hires or leases plant to which this regulation applies to an employer, being plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, the supplier must take all reasonably practicable steps to ensure that:
(a) any risk to the health and safety of the employees arising from the use of the plant is minimised; and
(b) the plant is inspected and maintained between each hire or leasing to identify and, if necessary, minimise any risk to health and safety of employees from the use of the plant at work; and
(c) records of the inspection and maintenance of plant mentioned in paragraph (b) are kept for at least 12 months after the end of the hire or leasing period for the plant; and
(d) records of the registration of the plant (if any) are kept for at least 12 months after the date of registration; and
(e) an assessment is carried out on a regular basis to determine:
(i) the need for testing the plant to establish whether new or increased risks to health and safety have developed; and
(ii) the times at which testing of that kind is to be carried out; and
(f) if, under paragraph (e), it is determined that testing is necessary — testing is carried out and the results of the testing are recorded; and
(g) the records of testing mentioned in paragraph (f) are kept for the period in which the supplier hires or leases the plant to employers.
Penalty: 10 penalty units.
(1) A supplier of used plant to an employer, being plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, must take all reasonably practicable steps to ensure that, at the time at which the plant is supplied to the employer, any record relating to the plant kept for the purposes of these Regulations by the previous owner of the plant is made available to the employer.
Penalty: 10 penalty units.
Notes 1. The duties of a supplier in relation to the provision of information about new plant are set out in paragraph 19 (1) (c) of the Act.
2. The effect of subsection 22 (3) of the Act is that a supplier is taken to have complied with regulation 4.08 and with section 19 of the Act if the supplier relied on research, testing and examination carried out by another person or organisation and it was reasonable for the manufacturer to rely on that research, testing or examination.
(2) Strict liability applies to the physical element in subregulation (1) that the record is kept for the purposes of these Regulations.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(1) A person who erects or installs plant at a workplace must take all reasonably practicable steps to ensure that hazards associated with the plant:
(a) after it has been erected or installed; and
(b) when it is used by employees at work;
are identified in accordance with Division 7 before and during the erection or installation of the plant.
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical element in subregulation (1) that the hazards are identified in accordance with Division 7.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(2) If a hazard is identified under subregulation (1), the erector or installer must ensure that the risks associated with the hazard are assessed in accordance with Division 7.
Penalty: 10 penalty units.
(2A) Strict liability applies to the physical element in subregulation (2) that the risks are assessed in accordance with Division 7.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(3) An erector or installer may carry out a risk assessment under subregulation (2) on individual items of plant.
(4) Subject to subregulation (5), if more than 1 item of plant of the same design is to be used under conditions that are the same for all practicable purposes, an erector or installer may carry out a risk assessment on a representative sample of the plant.
(5) If a risk to health and safety may vary from operator to operator, the erector or installer must carry out a separate risk assessment on each item of plant that is to be erected or installed.
Penalty: 10 penalty units.
(1) If a risk assessment conducted by an erector or installer of plant for the purposes of subregulation 4.09 (2) or (5) identifies a risk to health and safety, the erector or installer must take all reasonably practicable steps to ensure that:
(a) the risk to health and safety arising from the use of the plant is eliminated; or
(b) if it is not reasonably practicable to eliminate the risk — the risk to health and safety from the use of the plant is minimised in accordance with Division 7.
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical elements in subregulation (1) that:
(a) the risks assessment is conducted for the purposes of subregulation 4.09 (2) or (5); and
(b) the risk is minimised in accordance with Division 7.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(2) The erector or installer must take all reasonably practicable steps to ensure that:
(a) if the plant is designed to be operated in a fixed position — the plant is positioned on and, if necessary, fixed to, a secure base in order to prevent unintentional movement of the plant when power is applied, or while the plant is in operation; and
(b) the electrical installations associated with the plant comply with AS/NZS 3000:2007 ‘Electrical installations (known as the Australian/New Zealand Wiring Rules)’ as far as it is relevant; and
(c) the erection and dismantling of scaffolds is carried out to achieve compliance with AS 1576; and
(d) the erection and dismantling of temporarily erected structures intended or used to support sheeting, hoardings, guard‑railings, means of access or egress, or entertainment equipment is carried out to achieve compliance with the appropriate design requirements of AS 1576.
(3) In this regulation:
AS 1576 means the standard comprising:
(a) AS/NZS 1576.1:1995 ‘Scaffolding – Part 1: General requirements’; and
(b) AS 1576.2‑1991 ‘Scaffolding – Part 2: Couplers and accessories’; and
(c) AS 1576.2‑1991/Amdt 1‑1992 ‘Scaffolding – Part 2: Couplers and accessories’; and
(d) AS/NZS 1576.3:1995 ‘Scaffolding – Part 3: Prefabricated and tube‑and‑coupler scaffolding’; and
(e) AS 1576.4‑1991 ‘Scaffolding – Part 4: Suspended scaffolding’; and
(f) AS 1576.4‑1991/Amdt 1‑1992 ‘Scaffolding – Part 4: Suspended scaffolding’; and
(g) AS/NZS 1576.5:1995 ‘Scaffolding – Part 5: Prefabricated splitheads and trestles’; and
(h) AS/NZS 1576.6:2000 ‘Scaffolding – Part 6: Metal tube‑and‑coupler scaffolding—Deemed to comply with AS/NZS 1576.3’.
Penalty: 10 penalty units.
Note The effect of subsection 22 (2) of the Act is that an erector or installer is taken to have complied with this Division and section 20 of the Act if the erector or installer reasonably relied on information from the manufacturer or the supplier of the plant, relating to the erection or installation of the plant.
Notes 1. An employer’s duty under these Regulations may arise because the employer is a manufacturer of plant, an erector of plant, an installer of plant, or acts in another capacity referred to in this Part.
2. If it is necessary for an employer to have work carried out by a competent person, then a certificate permitting the person to carry out the work may be required: see Part 2 of these Regulations.
(1) An employer must take all reasonably practicable steps to ensure that hazards relating to plant at work are identified in accordance with Division 7:
(a) before and during the introduction of the plant to a workplace; and
(b) before and during:
(i) a change in the way that the plant is used that is likely to involve a risk to the health and safety of a relevant person; and
(ii) a change in a system of work associated with the plant that is likely to involve a risk to the health and safety of a relevant person; and
(iii) if relevant — a change in the location of the plant that is likely to involve a risk to the health and safety of a relevant person; and
(c) when new or additional health and safety information relating to the plant, or a system of work associated with the plant, becomes available to the employer.
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical element in subregulation (1) that the hazards are identified in accordance with Division 7.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(2) For plant that is in use before the commencement of this Regulation, the employer must take all reasonably practicable steps to ensure that hazards are identified in accordance with Division 7 no later than 18 months after the day on which this Regulation commences.
Penalty: 10 penalty units.
(2A) Strict liability applies to the physical elements in subregulation (2) that:
(a) the plant was in use before the commencement of subregulation (2); and
(b) the hazards were identified in accordance with Division 7.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(3) If a hazard is identified, the employer must ensure that the risks associated with the hazard are assessed in accordance with Division 7 and subregulation (4).
Penalty: 10 penalty units.
(3A) Strict liability applies to the physical element in subregulation (3) that the risks associated with the hazard are assessed in accordance with Division 7 and subregulation (4).
Note Forstrict liability , see section 6.1 of theCriminal Code .
(4) In carrying out a risk assessment, the employer must take all reasonably practicable steps to:
(a) assess the risk arising from:
(i) any system of work associated with the plant; and
(ii) the layout and condition of the work environment in which the plant is to be used; and
(iii) the capability, skill and experience of the operator ordinarily using the plant; and
(iv) any reasonably foreseeable abnormal condition that is likely to affect the plant; and
(b) identify:
(i) items of plant that require records to be kept to minimise the risk to the health and safety of a relevant person; and
(ii) the kind of records that should be kept; and
(iii) the length of time for which the records should be kept.
(5) An employer may carry out a risk assessment under subregulation (3) on individual items of plant.
(6) Subject to subregulation (7), if more than 1 item of plant of the same design is to be installed and used under conditions that are the same for all practicable purposes, an employer may carry out a risk assessment on a representative sample of the plant.
(7) If a risk to health and safety may vary from operator to operator, the employer must carry out a separate risk assessment on each item of plant to determine the risk to each operator of the plant.
Penalty: 10 penalty units.
(1) If a risk assessment conducted by an employer for the purposes of subregulation 4.11 (3) or (7) identifies a risk to health and safety in relation to plant at work, the employer must take all reasonably practicable steps to ensure that:
(a) the risk is eliminated; or
(b) if it is not reasonably practicable to eliminate the risk — the risk is minimised in accordance with Division 7 and subregulation (2).
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical element in subregulation (1) that:
(a) the risk assessment is conducted for the purposes of subregulation 4.11 (3) or (7); and
(b) the risk is minimised in accordance with Division 7 and subregulation (2).
Note Forstrict liability , see section 6.1 of theCriminal Code .
(2) The employer must take all reasonably practicable steps to ensure that:
(a) control measures are maintained, and supervised effectively, to minimise any risk to the health and safety of a relevant person; and
(b) systems of work are implemented and effectively supervised to minimise any risk to the health and safety of a relevant person; and
(c) if personal protective equipment is required — the equipment is provided and maintained in a manner that minimises the risk to the health and safety of a relevant person; and
(d) if a hazardous situation is reported — a relevant person is not placed at risk until the hazardous situation is rectified.
Penalty: 10 penalty units.
If an employer engages a person to design plant for use by employees at work, the employer must ensure that the person is provided with relevant information about matters relating to the plant that may affect the health and safety of a relevant person.
Penalty: 10 penalty units.
(1) If an employer knows, or ought reasonably to know, of any risk to the health and safety of a relevant person occurring during the installation, erection or commissioning of plant that is to be used at work, the employer must take all reasonably practicable steps to ensure that the risk is:
(a) eliminated; or
(b) if it is not reasonably practicable to eliminate the risk — minimised in accordance with Division 7 and subregulation (2).
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical element in paragraph (1) (b) that the risk is minimised in accordance with Division 7 and subregulation (2).
Note Forstrict liability , see section 6.1 of theCriminal Code .
(2) The employer must take all reasonably practicable steps to ensure that:
(a) the installation, erection and commissioning of the plant are undertaken by a competent person; and
(b) the person undertaking the installation, erection or commissioning is given the information that is necessary to allow the plant to be installed, erected and commissioned in a manner that minimises the risk to the health and safety of a relevant person; and
(c) the plant is installed or erected in a location that is suitable for:
(i) the task to be carried out using the plant; and
(ii) the kind of plant; and
(d) there is sufficient space surrounding the plant to allow the plant to be used, and repaired, in a manner that minimises the risk to the health and safety of a relevant person; and
(e) the layout of the workplace is appropriate for the operation of the plant; and
(f) the workplace includes a safe means of access and egress; and
(g) if the final means of safeguarding the plant is not in place during the testing or start‑up of the plant — an appropriate interim safeguard is used; and
(h) as far as can be determined by commissioning the plant — the plant is in a suitable condition to be operated.
Penalty: 10 penalty units.
(1) An employer must take all reasonably practicable steps to ensure that a risk to the health and safety of a relevant person arising from plant used by employees at work, or the associated systems of work, under the employer’s control is:
(a) eliminated; or
(b) if it is not reasonably practicable to eliminate the risk — minimised in accordance with Division 7.
Penalty: 10 penalty units.
(1A) Strict liability applies to the physical element in paragraph (1) (b) that the risk is minimised in accordance with Division 7.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(2) Without limiting subregulation (1), the employer must take all reasonably practicable steps to ensure that:
(a) if the plant is operated by an employee at work, or a contractor of the employer — the employee or contractor:
(i) receives necessary information and training in the operation of the plant; and
(ii) is supervised to the extent necessary to minimise the risk to health and safety; and
(b) the plant is subject to appropriate checks, tests and inspections that are necessary to minimise the risk to the health and safety of an employee or a contractor of the employer; and
(c) the plant is used solely for the purpose for which it was designed; and
(d) measures are provided to prevent any unauthorised interference to, or use of, the plant that is capable of making the plant a risk to the health and safety of a relevant person; and
(e) if safety features or warning devices are incorporated into the plant, they are used in a proper manner; and
(f) a person is not allowed to work between the fixed and traversing parts of the plant if there is a risk to the health and safety of a relevant person; and
(g) facilities and systems of work are provided and maintained to minimise the risk to the health and safety of a person who maintains, inspects or cleans the plant; and
(h) inspections, maintenance and cleaning are carried out having regard to procedures:
(i) recommended for the plant by its designer or manufacturer; or
(ii) developed for the plant by a competent person; and
(i) if access to the plant is required for the purpose of maintenance, cleaning or repair, the plant is stopped and 1 or more of the following items is used to minimise the risk to the health and safety of a relevant person:
(i) a lockout or isolation device;
(ii) a permit to work system;
(iii) another appropriate control measure; and
(j) if danger tags are used on plant that is stopped for the purpose of maintenance, cleaning or repair, the tags are used in conjunction with 1 of the items referred to in paragraph (i); and
(k) if it is not reasonably practicable to carry out cleaning or maintenance while the plant is stopped:
(i) operational controls that permit controlled movement of the plant are fitted; and
(ii) a safe system of work is used; and
(l) each safety feature or warning device used with the plant is maintained, and tested, on a regular basis.
Penalty: 10 penalty units.
(2A) It is a defence to a prosecution for an offence against paragraph (2) (c) if the employer determined, and a competent person assessed, that a change in the purpose for which the plant is used does not present an increased risk to the health and safety of a relevant person.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2A) (see section 13.3 of theCriminal Code ).
(3) An employer is not required to comply with paragraph (2) (a) in relation to plant that is intended to be operated by the public in general.
(4) The employer must ensure that plant at work is not available for use if:
(a) the function or condition of the plant is impaired or damaged; and
(b) the impairment or damage creates an immediate risk to the health and safety of an employee or a contractor of the employer.
Penalty: 10 penalty units.
(5) It is a defence to a prosecution for an offence against subregulation (4) if the employer:
(a) controlled the risk in accordance with this Division; or
(b) repaired the plant in accordance with regulation 4.16.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (5) (see section 13.3 of theCriminal Code ).
If the function or condition of plant at work is impaired or damaged to an extent that increases the risk to the health and safety of a relevant person, the employer must take all reasonably practicable steps to ensure that:
(a) a competent person assesses the damage and advises the employer of:
(i) the nature of the damage; and
(ii) whether the plant can be repaired; and
(iii) if the plant can be repaired — the repairs that must be carried out to minimise the risk to health and safety; and
(b) a competent person carries out any repairs, inspection or testing that is required; and
(c) any repairs to the plant are carried out in a manner that maintains the design limits of the plant.
Penalty: 10 penalty units.
(1) If plant at work is to be stored, the employer must take all reasonably practicable steps to ensure that a competent person stores the plant in a manner that involves no risk to the health and safety of employees at work.
Penalty: 10 penalty units.
(2) If plant at work:
(a) is to be disposed of; and
(b) contains materials that present a risk to the health and safety of employees at work;
the employer must take all reasonably practicable steps to ensure that the disposal is carried out by a competent person and in a manner that minimises any risk to the health and safety of employees at work.
Penalty: 10 penalty units.
(1) If a hazard that relates to plant at work, or a system of work associated with the plant, is identified and assessed to be a risk that must be minimised, the employer must ensure that:
(a) a relevant person who is likely to be exposed to the risk, and a person supervising that person, are, if relevant, appropriately trained in relation to:
(i) the nature of the hazard and the processes used for the identification, assessment and control of any risk; and
(ii) the safety procedures associated with the plant; and
(iii) the need for, and proper use and maintenance of, control measures; and
(iv) the use, fitting, testing and storage of personal protective equipment; and
(v) the availability and use of specific information relevant to the plant; and
(b) the persons referred to in paragraph (a) are, if relevant, provided with information and instruction relating to the matters referred to in that paragraph; and
(c) before a person uses the plant, the person is given the information and instruction that is necessary to enable the person to use the plant in a manner that minimises any risk to the health and safety of a relevant person; and
(d) a person who uses the plant is given the training and supervision that is necessary to enable the person to use the plant in a manner that minimises any risk to the health and safety of a relevant person; and
(e) relevant health and safety information is provided to a person involved in:
(i) the installation, erection or commissioning of the plant; or
(ii) the use of the plant; or
(iii) the testing of the plant; or
(iv) the decommissioning or disposal of the plant; and
(f) if relevant — information on emergency procedures relating to the plant is displayed in a manner that may be observed readily by a person who is, or is likely to be, affected by the operation of the plant.
Penalty: 10 penalty units.
(2) An employer is not required to comply with paragraph (1) (d) in relation to a member of the public who uses an amusement structure that is under the employer’s control.
(1) An employer must ensure that records are made and kept concerning relevant tests, maintenance, inspection and commissioning of plant referred to in subregulation (2) while it is operable at work.
Penalty: 5 penalty units.
(1A) Strict liability applies to the physical element in subregulation (1) that the plant is the plant referred to subregulation (2).
Note Forstrict liability , see section 6.1 of theCriminal Code .
(2) The following plant is specified for the purposes of subregulation (1):
(a) plant listed in column 2 of an item in Part 2 of Schedule 6 the design of which must be notified under regulation 4.50;
(b) any of the following items of plant:
(i) concrete placing units;
(ii) industrial lift trucks;
(iii) mobile cranes;
(iv) hoists, with a platform movement in excess of 2.4 metres, designed to lift people;
(v) boom‑type elevating work platforms;
(vi) presence sensing safeguarding systems;
(vii) vehicle hoists;
(viii) gantry cranes greater than 5 tonnes, bridge cranes greater than 10 tonnes, or any gantry crane or bridge crane designed to handle molten metal or dangerous goods;
(ix) mast climbing work platforms;
(c) plant in relation to which records are to be prepared on the basis of a risk assessment carried out in accordance with this Part.
(3) If a document exists that records the results of a risk assessment in relation to the plant, the employer must ensure that the document is kept for the length of time identified by the employer under subparagraph 4.11 (4) (b) (iii).
Penalty: 5 penalty units.
(3A) Strict liability applies to the physical element in subregulation (3) that the length of time is the length of time identified by the employer under subparagraph 4.11 (4) (b) (iii).
Note Forstrict liability , see section 6.1 of theCriminal Code .
(4) The employer must give health and safety records concerning the plant to a person who purchases or otherwise acquires the plant from the employer.
Penalty: 10 penalty units.
Note The effect of subsection 22 (1) of the Act is that an employer is taken to have complied with this Division and sections 16 and 17 of the Act if the employer reasonably relied on information relating to the use of the plant supplied by the manufacturer or the supplier of the plant.
(5) It is a defence to a prosecution for an offence against subregulation (4) if the employer sold the plant for scrap or as spare parts for other plant.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (5) (see section 13.3 of theCriminal Code ).
Notes 1. The duties in regulations 4.20 to 4.29 are additional requirements to those in regulation 4.12.
2. The effect of subsection 5 (3) and section 16 of the Act is that an employer is taken to have control over plant if the plant is used by employees at work or at a workplace under the employer’s control.
(1) An employer must take all reasonably practicable steps to ensure that a gas cylinder at work is inspected in accordance with AS 2030.
Penalty: 10 penalty units.
(2) Strict liability applies to the physical element in subregulation (1) that the inspection is in accordance with AS 2030.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(3) If an employer that operates a gas cylinder test station is given a gas cylinder to be inspected and tested, the employer must take all reasonably practicable steps to ensure that the cylinder is inspected and tested in accordance with AS 2030 and AS 2337.
Penalty: 10 penalty units.
(4) Strict liability applies to the physical element in subregulation (3) that the inspection and testing is in accordance with AS 2030 and AS 2337.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(5) If an employer that operates a gas cylinder test station is given a gas cylinder to be filled, the employer must take all reasonably practicable steps to ensure that:
(a) the cylinder is only filled if it bears a current inspection mark in accordance with AS 2030; and
(b) the cylinder is in good condition when being filled; and
(c) the cylinder is filled in accordance with AS 2030; and
(d) the fluid with which the cylinder is intended to be filled is compatible with the cylinder; and
(e) the cylinder is filled in a manner that is not a risk to the health and safety of a relevant person.
Penalty: 10 penalty units.
(6) Strict liability applies to the physical elements in subregulation (5) that the cylinder bears a current inspection mark, and is filled, in accordance with AS 2030.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(7) In this regulation:
AS 2030 means the standard comprising:
(a) AS 2030.1‑1999 ‘The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases – Part 1: Cylinders for compressed gases other than acetylene’; and
(b) AS 2030.2‑1996 ‘The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases – Part 2: Cylinders for dissolved acetylene’; and
(c) AS 2030.4‑1985 ‘The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases – Part 4: Welded cylinders‑insulated’.
AS 2337 means the standard comprising:
(a) AS 2337.1‑1999 ‘Gas cylinder test stations – Part 1: General requirements, inspections and tests – Gas cylinders’; and
(b) AS 2337.2‑1990 ‘Gas cylinder test stations – Part 2: LP gas fuel vessels for automotive use’; and
(c) AS 2337.3‑1998 ‘Gas cylinder test stations – Part 3: Inspection and testing of fibre reinforced plastic gas cylinders’.
(1) If pressure equipment, other than a gas cylinder:
(a) is mentioned in AS/NZS 1200:2000 ‘Pressure equipment’; and
(b) is in use at work;
the employer must take all reasonably practicable steps to ensure that the equipment is inspected in accordance with AS/NZS 3788:2001 ‘Pressure equipment — In service Inspection’.
Penalty: 10 penalty units.
(2) Strict liability applies to the physical elements in subregulation (1) that:
(a) the pressure equipment is mentioned in AS/NZS 1200:2000 ‘Pressure equipment’; and
(b) the inspection is in accordance with AS/NZS 3788:2001 ‘Pressure equipment – In service Inspection’.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(1) If a risk assessment identifies a risk to health and safety arising from the moving parts of plant used at work, the employer must take all reasonably practicable steps to ensure that:
(a) the plant is not cleaned, maintained or repaired while the plant is operating; and
(b) if the guarding of a moving part does not completely eliminate the risk of entanglement, a person does not operate, or pass in close proximity to, the plant.
Penalty: 10 penalty units.
(2) It is a defence to a prosecution for an offence against paragraph (1) (a) if there was no other reasonably practicable approach.
(3) It is a defence to a prosecution for an offence against paragraph (1) (b) if a safe system of work was introduced, enforced and maintained to minimise the risk of entanglement.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulations (2) and (3) (see section 13.3 of theCriminal Code ).
(1) An employer must take all reasonably practicable steps to ensure that powered mobile plant at work is used in a manner that minimises any risk to the health and safety of a relevant person.
Penalty: 10 penalty units.
(2) Subregulation (3) applies if, after an employer minimises the risk to health and safety relating to powered mobile plant at work:
(a) there remains a risk of:
(i) an item of powered mobile plant overturning; or
(ii) objects falling on the operator of the powered mobile plant; or
(iii) the operator of the powered mobile plant being ejected from the seat; and
(b) the risk needs to be controlled.
(3) The employer must take all reasonably practicable steps to ensure that:
(a) an appropriate combination of operator protective devices is provided; and
(b) the devices are appropriately maintained and used.
Penalty: 10 penalty units.
(4) An employer must take all reasonably practicable steps to ensure that appropriate controls are implemented to eliminate or minimise the risk of that plant colliding with pedestrians or other powered mobile plant.
Penalty: 10 penalty units.
(1) If a tractor is used at work under a tree, or in any other place, that is too low to allow the tractor to work while it is fitted with a rollover protective structure, the structure may be lowered or removed while the tractor is used in that situation.
(2) An employer must take all reasonably practicable steps to ensure that:
(a) a protective structure that is fitted to powered mobile plant at work complies with AS 1636 or AS 2294; or
(b) if a protective structure, or an associated structural attachment, of a kind mentioned in paragraph (a) is not available — another protective structure is designed by a suitably qualified engineer in accordance with the following requirements:
(i) the performance requirements of AS 2294 must be used as the design criteria for a rollover or falling object protective structure;
(ii) the engineer is permitted to use calculated deformations if the engineer is satisfied that deformation testing is not required;
(iii) the protective structure must be identified with the information required by AS 2294, as appropriate.
Penalty: 10 penalty units.
(3) Strict liability applies to the following physical elements:
(a) in paragraph (2) (a) — that the structure complies with AS 1636 or AS 2294;
(b) in subparagraph (2) (b) (i) — that the protective structure is designed in accordance with the performance requirements of AS 2294;
(c) in subparagraph (2) (b) (iii) — that the information is required by AS 2294.
Note Forstrict liability , see section 6.1 of theCriminal Code.
(4) An employer must take all reasonably practicable steps to ensure that, to minimise any risk to the health and safety of employees at work, powered mobile plant used by those employees is fitted with suitable operator restraining devices if:
(a) the plant is fitted with a rollover protective structure or a falling object protective structure; and
(b) attaching points for operator restraining devices have been incorporated in the original design of the plant.
Penalty: 10 penalty units.
(5) In this regulation:
AS 1636 means the standard comprising:
(a) AS 1636.1-1996 ‘Tractors — Roll-over protective structures — Criteria and tests — Part 1: Conventional tractors’; and
(b) AS 1636.2-1996 ‘Tractors — Roll-over protective structures — Criteria and tests — Part 2: Rear‑mounted for narrow‑track tractors’; and
(c) AS 1636.3-1996 ‘Tractors — Roll-over protective structures — Criteria and tests — Part 3: Mid‑mounted for narrow‑track tractors’.
AS 2294 means the standard AS 2294.1-1997 ‘Earth‑moving machinery — Protective structures — Part 1: General’.
An employer must take all reasonably practicable steps to ensure that:
(a) if a relevant person is exposed to the hot or cold parts of plant — the exposure is monitored and suitably managed to minimise any risk to the health and safety of the relevant person; and
(b) if molten metal is transported at work — arrangements are made to prevent access to the path along which it is transported while the transportation occurs; and
(c) pipes and other parts of plant that are associated with hot or cold plant at work are adequately guarded or insulated to minimise any risk to the health and safety of a relevant person.
Penalty: 10 penalty units.
(1) An employer must take all reasonably practicable steps to minimise any risk from the use of plant at work to the health and safety of a relevant person and, in particular, to ensure that:
(a) if damage to plant at work has created an electrical hazard:
(i) the plant is disconnected from the electricity supply; and
(ii) the plant is not used until the damaged part is repaired or replaced; and
(b) plant at work is not used under conditions that are likely to give rise to electrical hazards; and
(c) if plant at work has been isolated, but not physically disconnected, from an electrical supply, appropriate work systems are provided to avoid accidentally energising the plant; and
(d) only a competent person is permitted to carry out electrical work on plant at work; and
(e) if excavations are to be carried out, all relevant available information relating to the position of underground cables is obtained; and
am. 2008 No. 261 | ||
Part 2...................................... | rs. 2008 No. 201 | |
Div. 1 of Part 2....................... | rs. 2008 No. 201 | |
R. 2.01.................................... | rs. 2008 No. 201 | |
Note to r. 2.01........................ | rs. 2004 No. 378; 2008 No. 201 | |
R. 2.02.................................... | am. 1995 No. 53; 2004 No. 378; 2006 No. 9 | |
rs. 2008 No. 201 | ||
R. 2.03.................................... | am. 2006 No. 9 | |
rs. 2008 No. 201 | ||
Div. 2 of Part 2....................... | rs. 2008 No. 201 | |
R. 2.04.................................... | rs. 2008 No. 201 | |
Note to r. 2.04........................ | rs. 2006 No. 9 | |
rep. 2008 No. 201 | ||
R. 2.05.................................... | rs. 2008 No. 201 | |
R. 2.05A................................. | ad. 2001 No. 326 | |
am. 2004 No. 378 | ||
rep. 2008 No. 201 | ||
R. 2.06.................................... | am. 1995 No. 53 | |
rs. 2001 No. 326; 2008 No. 201 | ||
Div. 3 of Part 2....................... | rs. 2008 No. 201 | |
R. 2.07.................................... | am. 1995 No. 53 | |
rs. 2001 No. 326; 2008 No. 201 | ||
Note 2 to r. 2.07 (3).............. | rs. 2006 No. 9 | |
rep. 2008 No. 201 | ||
R. 2.07A................................. | ad. 1995 No. 53 | |
am. 1995 No. 337 | ||
rep. 2004 No. 378 | ||
R. 2.07B................................. | ad. 1995 No. 53 | |
am. 2001 No. 326 | ||
rep. 2008 No. 201 | ||
R. 2.07C................................. | ad. 1995 No. 53 | |
am. 2004 No. 378 | ||
rep. 2008 No. 201 | ||
R. 2.07D................................. | ad. 1995 No. 53 | |
rep. 2008 No. 201 | ||
R. 2.07E................................. | ad. 1995 No. 53 | |
am. 2004 No. 378 | ||
rep. 2008 No. 201 | ||
R. 2.07F.................................. | ad. 1995 No. 53 | |
am. 2001 No. 326 | ||
rep. 2008 No. 201 | ||
R. 2.08.................................... | am. 2001 No. 326 | |
rep. 2008 No. 201 | ||
Rr. 2.09, 2.10......................... | rep. 2008 No. 201 | |
R. 2.11.................................... | am. 2004 No. 378; 2006 No. 9 | |
rep. 2008 No. 201 | ||
R. 2.12.................................... | am. 2001 No. 326 | |
rep. 2008 No. 201 | ||
R. 2.13.................................... | rs. 1995 No. 53 | |
rep. 2008 No. 201 | ||
Note to r. 3.01........................ | rs. 2000 No. 289 | |
R. 3.03.................................... | am. 2000 No. 289; 2003 No. 314; 2004 No. 378 | |
R. 3.08.................................... | am. 2001 No. 326; 2004 No. 378 | |
Note to r. 3.08 (4).................. | ad. 2004 No. 378 | |
R. 3.09.................................... | am. 2001 No. 326 | |
R. 3.10.................................... | am. 2001 No. 326 | |
Part 4...................................... | ad. 1996 No. 129 | |
R. 4.01.................................... | ad. 1996 No. 129 | |
R. 4.02.................................... | ad. 1996 No. 129 | |
am. 1997 No. 227; 2008 No. 261 | ||
Note to r. 4.02 (7).................. | ad. 2008 No. 261 | |
R 4.03..................................... | ad. 1996 No. 129 | |
rep. 2006 No. 9 | ||
R. 4.04.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.05.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.06.................................... | ad. 1996 No. 129 | |
R. 4.07.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326; 2004 No. 378 | ||
R. 4.07A................................. | ad. 2004 No. 378 | |
am. 2008 No. 261 | ||
R. 4.07B................................. | ad. 2004 No. 378 | |
Heading to r. 4.08................. | rs. 2004 No. 378 | |
R. 4.08.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.09.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.10.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326; 2008 No. 261 | ||
R. 4.11.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.12.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.13.................................... | ad. 1996 No. 129 | |
R. 4.14.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.15.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.16.................................... | ad. 1996 No. 129 | |
R. 4.17.................................... | ad. 1996 No. 129 | |
Heading to r. 4.18................. | rs. 2008 No. 261 | |
R. 4.18.................................... | ad. 1996 No. 129 | |
Note to r. 4.18........................ | rep. 2011 No. 25 | |
R. 4.19.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.20.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
rs. 2004 No. 378 | ||
R. 4.20A................................. | ad. 2004 No. 378 | |
R. 4.21.................................... | ad. 1996 No. 129 | |
rs. 2001 No. 326 | ||
R. 4.22.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
rs. 2004 No. 378 | ||
am. 2008 No. 261 | ||
R. 4.22A................................. | ad. 2004 No. 378 | |
am. 2011 No. 25 | ||
R. 4.23.................................... | ad. 1996 No. 129 | |
R. 4.24.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.25.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326; 2008 No. 261 | ||
R. 4.26.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.27.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
rs. 2004 No. 378 | ||
R. 4.28.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.29.................................... | ad. 1996 No. 129 | |
Note to r. 4.29........................ | am. 2007 No. 8 | |
R. 4.30.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.31.................................... | ad. 1996 No. 129 | |
R. 4.32.................................... | ad. 1996 No. 129 | |
R. 4.33.................................... | ad. 1996 No. 129 | |
R. 4.34.................................... | ad. 1996 No. 129 | |
R. 4.35.................................... | ad. 1996 No. 129 | |
R. 4.36.................................... | ad. 1996 No. 129 | |
R. 4.37.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.38.................................... | ad. 1996 No. 129 | |
R. 4.39.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378 | ||
rep. 2008 No. 261 | ||
Heading to Subdiv. A of....... Div. 8 of Part 4 | ad. 2004 No. 378 | |
R. 4.40.................................... | ad. 1996 No. 129 | |
| ||
Heading to r. 4.40A............... | rs. 2004 No. 378 | |
rep. 2008 No. 261 | ||
R. 4.40A................................. | ad. 1996 No. 288 | |
rep. 2008 No. 261 | ||
R. 4.40B................................. | ad. 1996 No. 288 | |
rep. 2008 No. 261 | ||
R. 4.40C................................. | ad. 1996 No. 288 | |
rep. 2008 No. 261 | ||
R. 4.40D................................. | ad. 2004 No. 378 | |
| 2008 No. 261 | |
R. 4.41.................................... | ad. 1996 No. 129 | |
R. 4.42.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378 | ||
R. 4.43.................................... | ad. 1996 No. 129 | |
am. 1996 No. 288; 1997 No. 227 | ||
rs. 2004 No. 378 (as am. by 2005 No. 124) | ||
am. 2007 No. 30; | ||
Note to r. 4.43 (1).................. | rep. 2008 No. 261 | |
R. 4.44.................................... | ad. 1996 No. 129 | |
rs. 1999 No. 86 | ||
am. 2004 No. 378 | ||
R. 4.45.................................... | ad. 1996 No. 129 | |
am. 2004 No. 378; 2008 No. 261 | ||
R. 4.46.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378 (as am. by 2005 No. 124) | ||
am. 2007 No. 30; 2008 No. 261 | ||
R. 4.47.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378 | ||
R. 4.48.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378 | ||
R. 4.49.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326; 2004 No. 378 | ||
R. 4.50.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326 | ||
R. 4.51.................................... | ad. 1996 No. 129 | |
am. 2003 No. 314; 2004 No. 378 | ||
R. 4.52.................................... | ad. 1996 No. 129 | |
R. 4.53.................................... | ad. 1996 No. 129 | |
R. 4.54.................................... | ad. 1996 No. 129 | |
am. 2001 No. 326; 2007 No. 30 | ||
Heading to Subdiv. B of....... Div. 8 of Part 4 | ad. 2004 No. 378 | |
R. 4.55.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378; 2006 No. 9 | ||
R. 4.55A................................. | ad. 2004 No. 378 | |
R. 4.56.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378 | ||
am. 2007 No. 30; 2008 No. 261 | ||
R. 4.57.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378 | ||
am. 2008 No. 261 | ||
Note to r. 4.57 (4).................. | am. 2008 No. 261 | |
R. 4.58.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378 (as am. by 2005 No. 124) | ||
am. 2008 No. 261 | ||
R. 4.59.................................... | ad. 1996 No. 129 | |
R. 4.60.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378 | ||
am. 2008 No. 261 | ||
Note to r. 4.60 (3).................. | rep. 2008 No. 261 | |
R. 4.60A................................. | ad. 2004 No. 378 | |
rep. 2008 No. 261 | ||
R. 4.61.................................... | ad. 1996 No. 129 | |
R. 4.62.................................... | ad. 1996 No. 129 | |
rs. 2004 No. 378 (as am. by 2005 No. 124) | ||
rep. 2008 No. 261 | ||
R. 4.62A................................. | ad. 2004 No. 378 | |
rep. 2008 No. 261 | ||
R. 4.62B................................. | ad. 2007 No. 30 | |
rep. 2008 No. 261 | ||
R. 4.63.................................... | ad. 1996 No. 129 | |
am. 1996 No. 288 | ||
rs. 1999 No. 86 | ||
am. 2004 No. 378; 2008 No. 261 | ||
R. 4.64.................................... | ad. 1996 No. 129 | |
R. 4.65.................................... | ad. 1996 No. 129 | |
Div. 1 of Part 5....................... | ad. 1995 No. 98 | |
R. 5.01.................................... | ad. 1995 No. 98 | |
Div. 2 of Part 5....................... | ad. 1995 No. 98 | |
R. 5.02.................................... | ad. 1995 No. 98 | |
am. 2001 No. 326 | ||
R. 5.03.................................... | ad. 1995 No. 98 | |
am. 2001 No. 326 | ||
R. 5.04.................................... | ad. 1995 No. 98 | |
am. 2001 No. 326 | ||
Div. 3 of Part 5....................... | ad. 1995 No. 98 | |
R. 5.05.................................... | ad. 1995 No. 98 | |
am. 2001 No. 326 | ||
Part 6...................................... | ad. 1995 No. 337 | |
Heading to Div. 1 of Part 6.. | rs. 1999 No. 66 | |
Heading to Subdiv. A of....... Div. 1 of Part 6 | rep. 1999 No. 66 | |
Heading to r. 6.01................. | rs. 1999 No. 66 | |
R. 6.01.................................... | ad. 1995 No. 337 | |
am. 1999 No. 66; 2003 No. 286 | ||
Notes to r. 6.01...................... | am. 1999 No. 66; 2000 No. 289; 2003 No. 286 | |
rep. 2005 No. 30 | ||
Note to r. 6.01........................ | ad. 2005 No. 30 | |
Heading to r. 6.02................. | rs. 1999 No. 66 | |
R. 6.02.................................... | ad. 1995 No. 337 | |
| ||
Heading to r. 6.03................. | rs. 1999 No. 66 | |
R. 6.03.................................... | ad. 1995 No. 337 | |
| ||
R. 6.04.................................... | ad. 1995 No. 337 | |
| ||
R. 6.05.................................... | ad. 1995 No. 337 | |
am. 2003 No. 286; 2006 No. 8 | ||
Note to r. 6.05 (1).................. | am. 2006 No. 8 | |
Heading to Subdiv. B of....... Div. 1 of Part 6 | rep. 1999 No. 66 | |
Heading to Div. 2 of Part 6.. | ad. 1999 No. 66 | |
R. 6.06.................................... | ad. 1995 No. 337 | |
am. 1999 No. 66 | ||
R. 6.07.................................... | ad. 1995 No. 337 | |
am. 2001 No. 326 | ||
R. 6.08.................................... | ad. 1995 No. 337 | |
rs. 2006 No. 8 | ||
R. 6.09.................................... | ad. 1995 No. 337 | |
R. 6.10.................................... | ad. 1995 No. 337 | |
R. 6.11.................................... | ad. 1995 No. 337 | |
Heading to Subdiv. C of....... Div. 1 of Part 6 | rep. 1999 No. 66 | |
Heading to Div. 3 of.............. Part 6 | ad. 1999 No. 66 | |
R. 6.12.................................... | ad. 1995 No. 337 | |
am. 2001 No. 326; 2006 No. 8 | ||
R. 6.13.................................... | ad. 1995 No. 337 | |
am. 2001 No. 326; 2003 No. 286 | ||
R. 6.14.................................... | ad. 1995 No. 337 | |
am. 2001 No. 326; 2003 No. 286 | ||
R. 6.15.................................... | ad. 1995 No. 337 | |
Heading to r. 6.16................. | rs. 2003 No. 286 | |
R. 6.16.................................... | ad. 1995 No. 337 | |
am. 1999 No. 66; 2003 No. 286 | ||
R. 6.16A................................. | ad. 1999 No. 66 | |
am. 2003 No. 286 | ||
R. 6.16B................................. | ad. 1999 No. 66 | |
am. 1999 No. 189 | ||
rep. 2003 No. 286 | ||
R. 6.16C................................. | ad. 1999 No. 66 | |
rep. 2003 No. 286 | ||
R. 6.16D................................. | ad. 1999 No. 66 | |
rs. 1999 No. 189 | ||
am. 2003 No. 286 | ||
R. 6.17.................................... | ad. 1995 No. 337 | |
am. 1999 No. 66; 2003 No. 286 | ||
R. 6.17A................................. | ad. 1999 No. 66 | |
am. 2001 No. 326 | ||
R. 6.18.................................... | ad. 1995 No. 337 | |
R. 6.19.................................... | ad. 1995 No. 337 | |
am. 2001 No. 326 | ||
R. 6.20.................................... | ad. 1995 No. 337 | |
am. 1999 No. 66; 2001 No. 326 | ||
| ad. 1995 No. 337 | |
am. 1999 No. 66; 2001 No. 326 | ||
R. 6.22.................................... | ad. 1995 No. 337 | |
am. 1999 No. 66; 2001 No. 326 | ||
R. 6.23.................................... | ad. 1995 No. 337 | |
am. 1999 No. 66; 2001 No. 326 | ||
Heading to Subdiv. D of....... Div. 1 of Part 6 | rep. 1999 No. 66 | |
Heading to Div. 4 of.............. Part 6 | ad. 1999 No. 66 | |
R. 6.24.................................... | ad. 1995 No. 337 | |
Div. 2 of Part 6....................... | rep. 1999 No. 66 | |
Div. 3 of Part 6....................... | rep. 1999 No. 66 | |
Part 7...................................... | ad. 1995 No. 337 | |
R. 7.01.................................... | ad. 1995 No. 337 | |
R. 7.02.................................... | ad. 1995 No. 337 | |
R. 7.03.................................... | ad. 1995 No. 337 | |
R. 7.04.................................... | ad. 1995 No. 337 | |
R. 7.05.................................... | ad. 1995 No. 337 | |
R. 7.06.................................... | ad. 1995 No. 337 | |
am. 2001 No. 326 | ||
R. 7.07.................................... | ad. 1995 No. 337 | |
am. 2001 No. 326 | ||
R. 7.08.................................... | ad. 1995 No. 337 | |
am. 2001 No. 326 | ||
R. 7.09.................................... | ad. 1995 No. 337 | |
R. 7.10.................................... | ad. 1995 No. 337 | |
am. 2001 No. 326 | ||
R. 7.11.................................... | ad. 1995 No. 337 | |
R. 7.12.................................... | ad. 1995 No. 337 | |
am. 2001 No. 326 | ||
Note to r. 7.12 (5).................. | rep. 2001 No. 326 | |
Heading to Part 8.................. | rs. 2006 No. 9 | |
R. 8.01.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
Heading to r. 8.02................. | rs. 2007 No. 30 | |
R. 8.02.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.02A................................. | ad. 2007 No. 30 | |
am. 2011 No. 25 | ||
R. 8.03.................................... | ad. 2006 No. 9 | |
R. 8.04.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30; 2008 No. 261; 2011 No. 25 | ||
Note to r. 8.04 (3).................. | rep. 2011 No. 25 | |
Note to r. 8.04 (8).................. | am. 2011 No. 25 | |
R. 8.05.................................... | ad. 2006 No. 9 | |
Note to r. 8.05........................ | am. 2011 No. 25 | |
R. 8.06.................................... | ad. 2006 No. 9 | |
R. 8.07.................................... | ad. 2006 No. 9 | |
rep. 2011 No. 25 | ||
R. 8.08.................................... | ad. 2006 No. 9 | |
R. 8.09.................................... | ad. 2006 No. 9 | |
am. 2011 No. 25 | ||
R. 8.10.................................... | ad. 2006 No. 9 | |
R. 8.11.................................... | ad. 2006 No. 9 | |
am. 2011 No. 25 | ||
Note to r. 8.11 (1).................. | am. 2011 No. 25 | |
Note to r. 8.11 (5).................. | rep. 2011 No. 25 | |
R. 8.12.................................... | ad. 2006 No. 9 | |
R. 8.13.................................... | ad. 2006 No. 9 | |
R. 8.14.................................... | ad. 2006 No. 9 | |
R. 8.15.................................... | ad. 2006 No. 9 | |
R. 8.16.................................... | ad. 2006 No. 9 | |
R. 8.17.................................... | ad. 2006 No. 9 | |
R. 8.18.................................... | ad. 2006 No. 9 | |
R. 8.19.................................... | ad. 2006 No. 9 | |
R. 8.20.................................... | ad. 2006 No. 9 | |
R. 8.21.................................... | ad. 2006 No. 9 | |
R. 8.22.................................... | ad. 2006 No. 9 | |
R. 8.23.................................... | ad. 2006 No. 9 | |
R. 8.24.................................... | ad. 2006 No. 9 | |
R. 8.25.................................... | ad. 2006 No. 9 | |
R. 8.26.................................... | ad. 2006 No. 9 | |
R. 8.27.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.28.................................... | ad. 2006 No. 9 | |
R. 8.29.................................... | ad. 2006 No. 9 | |
R. 8.30.................................... | ad. 2006 No. 9 | |
R. 8.31.................................... | ad. 2006 No. 9 | |
R. 8.32.................................... | ad. 2006 No. 9 | |
R. 8.33.................................... | ad. 2006 No. 9 | |
R. 8.34.................................... | ad. 2006 No. 9 | |
R. 8.35.................................... | ad. 2006 No. 9 | |
R. 8.36.................................... | ad. 2006 No. 9 | |
R. 8.37.................................... | ad. 2006 No. 9 | |
R. 8.38.................................... | ad. 2006 No. 9 | |
R. 8.39.................................... | ad. 2006 No. 9 | |
Note to r. 8.39 (4).................. | am. 2011 No. 25 | |
Heading r. 8.40...................... | am. 2007 No. 30 | |
R. 8.40.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
Note 1 to r. 8.40 (3).............. | am. 2008 No. 261 | |
Note 2 to r. 8.40 (3).............. | rs. 2007 No. 30 | |
am. 2008 No. 261 | ||
Heading to Subdiv 8.3.4...... | rs. 2007 No. 30 | |
R. 8.41.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.42.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.43.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.44.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.44A................................. | ad. 2007 No. 30 | |
am. 2011 No. 25 | ||
R. 8.44B................................. | ad. 2007 No. 30 | |
R. 8.44C................................. | ad. 2007 No. 30 | |
R. 8.45.................................... | ad. 2006 No. 9 | |
Note to r. 8.45 (2).................. | am. 2011 No. 25 | |
R. 8.46.................................... | ad. 2006 No. 9 | |
R. 8.47.................................... | ad. 2006 No. 9 | |
R. 8.48.................................... | ad. 2006 No. 9 | |
Note to r. 8.48 (2).................. | am. 2011 No. 25 | |
R. 8.49.................................... | ad. 2006 No. 9 | |
R. 8.50.................................... | ||
ad. 2006 No. 9 | ||
R. 8.51.................................... | ad. 2006 No. 9 | |
R. 8.52.................................... | ad. 2006 No. 9 | |
R. 8.53.................................... | ad. 2006 No. 9 | |
R. 8.54.................................... | ad. 2006 No. 9 | |
am. 2011 No. 25 | ||
R. 8.55.................................... | ad. 2006 No. 9 | |
R. 8.56.................................... | ad. 2006 No. 9 | |
R. 8.57.................................... | ad. 2006 No. 9 | |
R. 8.58.................................... | ad. 2006 No. 9 | |
R. 8.59.................................... | ad. 2006 No. 9 | |
Note to r. 8.59 (2).................. | am. 2011 No. 25 | |
R. 8.60.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.61.................................... | ad. 2006 No. 9 | |
R. 8.62.................................... | ad. 2006 No. 9 | |
R. 8.63.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.64.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.65.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.66.................................... | ad. 2006 No. 9 | |
am. 2007 No. 30 | ||
R. 8.67.................................... | ad. 2006 No. 9 | |
Heading to Part 9.................. | rs. 2007 No. 8 | |
R. 9.01.................................... | ad. 2007 No. 8 | |
R. 9.02.................................... | ad. 2007 No. 8 | |
R. 9.03.................................... | ad. 2007 No. 8 | |
R. 9.04.................................... | ad. 2007 No. 8 | |
R. 9.05.................................... | ad. 2007 No. 8 | |
R. 9.06.................................... | ad. 2007 No. 8 | |
R. 9.07.................................... | ad. 2007 No. 8 | |
R. 9.08.................................... | ad. 2007 No. 8 | |
R. 9.09.................................... | ad. 2007 No. 8 | |
R. 9.10.................................... | ad. 2007 No. 8 | |
R. 9.11.................................... | ad. 2007 No. 8 | |
R. 9.12.................................... | ad. 2007 No. 8 | |
R. 9.13.................................... | ad. 2007 No. 8 | |
R. 9.14.................................... | ad. 2007 No. 8 | |
R. 9.15.................................... | ad. 2007 No. 8 | |
R. 9.16.................................... | ad. 2007 No. 8 | |
R. 9.17.................................... | ad. 2007 No. 8 | |
R. 9.18.................................... | ad. 2007 No. 8 | |
R. 9.19.................................... | ad. 2007 No. 8 | |
R. 9.20.................................... | ad. 2007 No. 8 | |
R. 9.21.................................... | ad. 2007 No. 8 | |
R. 9.22.................................... | ad. 2007 No. 8 | |
R. 9.23.................................... | ad. 2007 No. 8 | |
R. 9.24.................................... | ad. 2007 No. 8 | |
R. 9.25.................................... | ad. 2007 No. 8 | |
R. 9.26.................................... | ad. 2007 No. 8 | |
R. 9.27.................................... | ad. 2007 No. 8 | |
R. 9.28.................................... | ad. 2007 No. 8 | |
R. 9.29.................................... | ad. 2007 No. 8 | |
am. 2007 No. 305 | ||
R. 9.30.................................... | ad. 2007 No. 8 | |
R. 9.31.................................... | ad. 2007 No. 8 | |
R. 9.32.................................... | ad. 2007 No. 8 | |
R. 9.33.................................... | ad. 2007 No. 8 | |
R. 9.34.................................... | ad. 2007 No. 8 | |
R. 9.35.................................... | ad. 2007 No. 8 | |
R. 9.36.................................... | ad. 2007 No. 8 | |
R. 9.37.................................... | ad. 2007 No. 8 | |
R. 9.38.................................... | ad. 2007 No. 8 | |
Note to r. 9.38........................ | rs. 2008 No. 261 | |
R. 9.39.................................... | ad. 2007 No. 8 | |
R. 9.40.................................... | ad. 2007 No. 8 | |
R. 9.41.................................... | ad. 2007 No. 8 | |
R. 9.42.................................... | ad. 2007 No. 8 | |
R. 9.43.................................... | ad. 2007 No. 8 | |
R. 9.44.................................... | ad. 2007 No. 8 | |
R. 9.45.................................... | ad. 2007 No. 8 | |
R. 9.46.................................... | ad. 2007 No. 8 | |
R. 9.47.................................... | ad. 2007 No. 8 | |
R. 9.48.................................... | ad. 2007 No. 8 | |
R. 9.49.................................... | ad. 2007 No. 8 | |
R. 9.50.................................... | ad. 2007 No. 8 | |
R. 9.51.................................... | ad. 2007 No. 8 | |
R. 9.52.................................... | ad. 2007 No. 8 | |
R. 9.53.................................... | ad. 2007 No. 8 | |
R. 9.54.................................... | ad. 2007 No. 8 | |
R. 9.55.................................... | ad. 2007 No. 8 | |
R. 9.56.................................... | ad. 2007 No. 8 | |
R. 9.57.................................... | ad. 2007 No. 8 | |
R. 9.58.................................... | ad. 2007 No. 8 | |
R. 9.59.................................... | ad. 2007 No. 8 | |
R. 9.60.................................... | ad. 2007 No. 8 | |
R. 9.61.................................... | ad. 2007 No. 8 | |
R. 9.62.................................... | ad. 2007 No. 8 | |
R. 9.63.................................... | ad. 2007 No. 8 | |
R. 9.64.................................... | ad. 2007 No. 8 | |
R. 9.65.................................... | ad. 2007 No. 8 | |
R. 9.66.................................... | ad. 2007 No. 8 | |
R. 9.67.................................... | ad. 2007 No. 8 | |
R. 9.68.................................... | ad. 2007 No. 8 | |
R. 9.69.................................... | ad. 2007 No. 8 | |
R. 9.70.................................... | ad. 2007 No. 8 | |
R. 9.71.................................... | ad. 2007 No. 8 | |
R. 9.72.................................... | ad. 2007 No. 8 | |
R. 10.01.................................. | ad. 2007 No. 8 | |
R. 10.02.................................. | ad. 2007 No. 8 | |
R. 10.03.................................. | ad. 2007 No. 8 | |
R. 10.04.................................. | ad. 2007 No. 8 | |
R. 10.05.................................. | ad. 2007 No. 8 | |
R. 10.06.................................. | ad. 2007 No. 8 | |
R, 10.07.................................. | ad. 2007 No. 8 | |
R. 10.08.................................. | ad. 2007 No. 8 | |
R. 10.09.................................. | ad. 2007 No. 8 | |
R. 10.10.................................. | ad. 2007 No. 8 | |
R. 10.11.................................. | ad. 2007 No. 8 | |
R. 10.12.................................. | ad. 2007 No. 8 | |
R. 10.13.................................. | ad. 2007 No. 8 | |
R. 10.14.................................. | ad. 2007 No. 8 | |
R. 10.15.................................. | ad. 2007 No. 8 | |
R. 10.16.................................. | ad. 2007 No. 8 | |
R. 10.17.................................. | ad. 2007 No. 8 | |
R. 11.01.................................. | ad. 2007 No. 8 | |
R. 11.02.................................. | ad. 2007 No. 8 | |
R. 11.03.................................. | ad. 2007 No. 8 | |
R. 11.04.................................. | ad. 2007 No. 8 | |
R. 11.05.................................. | ad. 2007 No. 8 | |
R. 11.06.................................. | ad. 2007 No. 8 | |
R. 11.07.................................. | ad. 2007 No. 8 | |
am. 2007 No. 30 | ||
R. 11.08.................................. | ad. 2007 No. 8 | |
| ||
R. 11.09.................................. | ad. 2007 No. 8 | |
R. 11.10.................................. | ad. 2007 No. 8 | |
am. 2007 No. 30 | ||
R. 11.11.................................. | ad. 2007 No. 8 | |
R. 12.01.................................. | ad. 2007 No. 30 | |
R. 12.02.................................. | ad. 2007 No. 30 | |
R. 12.03.................................. | ad. 2007 No. 30 | |
R. 12.04.................................. | ad. 2007 No. 30 | |
R. 12.05.................................. | ad. 2007 No. 30 | |
R. 12.06.................................. | ad. 2007 No. 30 | |
R. 12.07.................................. | ad. 2007 No. 30 | |
R. 12.08.................................. | ad. 2007 No. 30 | |
R. 12.09.................................. | ad. 2007 No. 30 | |
R. 12.10.................................. | ad. 2007 No. 30 | |
R. 12.11.................................. | ad. 2007 No. 30 | |
R. 12.12.................................. | ad. 2007 No. 30 | |
R. 12.13.................................. | ad. 2007 No. 30 | |
R. 12.14.................................. | ad. 2007 No. 30 | |
R. 12.15.................................. | ad. 2007 No. 30 | |
R. 12.16.................................. | ad. 2007 No. 30 | |
R. 12.17.................................. | ad. 2007 No. 30 | |
R. 12.18.................................. | ad. 2007 No. 30 | |
R. 12.19.................................. | ad. 2007 No. 30 | |
am. 2007 No. 305 | ||
R. 12.20.................................. | ad. 2007 No. 30 | |
R. 12.21.................................. | ad. 2007 No. 30 | |
R. 12.22.................................. | ad. 2007 No. 30 | |
R. 12.23.................................. | ad. 2007 No. 30 | |
R. 12.24.................................. | ad. 2007 No. 30 | |
R. 12.25.................................. | ad. 2007 No. 30 | |
R. 12.26.................................. | ad. 2007 No. 30 | |
R. 13.01.................................. | ad. 2007 No. 30 | |
R. 13.02.................................. | ad. 2007 No. 30 | |
R. 13.03.................................. | ad. 2007 No. 30 | |
R. 13.04.................................. | ad. 2007 No. 30 | |
R. 13.05.................................. | ad. 2007 No. 30 | |
R. 13.06.................................. | ad. 2007 No. 30 | |
R. 13.07.................................. | ad. 2007 No. 30 | |
R. 13.08.................................. | ad. 2007 No. 30 | |
R. 13.09.................................. | ad. 2007 No. 30 | |
R. 13.10.................................. | ad. 2007 No. 30 | |
R. 13.11.................................. | ad. 2007 No. 30 | |
R. 13.12.................................. | ad. 2007 No. 30 | |
R. 13.13.................................. | ad. 2007 No. 30 | |
R. 13.14.................................. | ad. 2007 No. 30 | |
Heading to Part 10 Renumbered Part 20........ | 2007 No. 8 | |
R. 10.01.................................. |
| |
| 2007 No. 8 | |
R. 20.01.................................. | am. 2007 No. 8; 2007 No. 30; 2008 No. 261; 2011 No. 25 | |
Note 1 to r. 20.01 (3)............ | am. 2008 No. 261 | |
Note 3 to r. 20.01 (3)............ | rep. 2008 No. 261 | |
Schedule 1A.......................... | ad. 1999 No. 66 | |
am. 2003 No. 286; 2004 No. 227 | ||
Schedule 1............................. | ad. 1995 No. 337 | |
rs. 1999 No. 66 | ||
am. 2003 No. 286; 2004 No. 227 | ||
Schedule 1B.......................... | ad. 2003 No. 286 | |
am. 2006 No. 9; 2007 No. 305 | ||
Schedule 2............................. | ad. 1995 No. 337 | |
am. 1999 No. 66 | ||
Schedule 5............................. | ad. 1996 No. 129 | |
rs. 2004 No. 378 | ||
am. 2011 No. 25 | ||
Heading to Schedule 6......... | rs. 2004 No. 378 | |
Schedule 6............................. | ad. 1996 No. 129 | |
am. 1997 No. 227; 2000 No. 289; 2004 No. 378 | ||
Schedule 7............................. | ad. 2006 No. 9 | |
rs. 2007 No. 30 | ||
Schedule 8............................. | ad. 2006 No. 9 | |
am. 2011 No. 25 | ||
Schedule 9............................. | ad. 2007 No. 8 | |
am. 2007 No. 305; 2011 No. 25 | ||
Schedule 9A.......................... | ad. 2007 No. 8 | |
am. 2011 No. 25 | ||
Regulation 6.07 — Schedule 2 of Statutory Rules 2001 No. 326 provides as follows:
omit
A supplier of hazardous substance
insert
(1) A supplier of hazardous substance
The proposed amendment was misdescribed and is not incorporated in this compilation.
Table A Application, saving or transitional provisions
(1) Regulations 6.16B to 6.16D of the principal Regulations, as in force immediately before 31 December 2003, continue to apply to an exemption granted under regulation 6.16A of the principal Regulations before 31 December 2003.
(2) Paragraph 6.16D (a) of the principal Regulations, as in force immediately before 31 December 2003, continues to apply to a decision made under paragraph 6.16A (4) (b) of the principal Regulations before 31 December 2003 to refuse to grant an exemption.
(3) An old application is taken to be an application made under clause 2.01 of Schedule 1B of the principal Regulations as amended by these Regulations.
(4) In this regulation:
old application means an application:
(a) that was made under subregulation 6.16A (3) of the principal Regulations before 31 December 2003 in relation to a hazardous substance referred to in column 2 of Schedule 1 of the principal Regulations as in force immediately before 31 December 2003; and
(b) in relation to which the Commission has not made a decision under subregulation 6.16A (4) of the principal Regulations before 31 December 2003 whether to grant or refuse the exemption.
principal Regulations means theOccupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 .
(1) This regulation applies in relation to the following certificates of competency:
(a) a certificate of competency that is:
(i) issued on or before 30 June 2007; and
(ii) in effect on the day on which this regulation commences;
(b) a certificate of competency that is:
(i) issued by a State or Territory authority in the period:
(A) starting on 1 July 2007; and
(B) ending immediately before the implementation by the State or Territory of the National Standard for Licensing Persons Performing High Risk Work; and
(ii) in effect on the day on which this regulation commences.
Note The National Standard for Licensing Persons Performing High Risk Work can be found atperson holding the certificate is to be treated as if he or she were licensed to perform the work authorised by the certificate of competency. (3) The certificate is to be treated as if it were a licence.
(4) Subregulations (2) and (3) cease to apply in relation to a certificate when the certificate:
(a) expires; or
(b) is cancelled or suspended by the State or Territory authority.
Select Legislative Instrument 2008 No. 261
4 Transitional Despite the repeal of regulation 4.62B of the
Occupational Health and Safety (Safety Standards) Regulations 1994 :
(a) subregulation 4.62B (2), as in force immediately before the commencement of these Regulations, continues to apply in relation to a special licence that was in effect at that time; and
(b) subregulation 4.62B (2) ceases to apply in relation to the special licence when the special licence:
(i) is renewed; or
(ii) ceases to have effect.
Note Subregulation 4.62B (2) makes a special licence subject to particular conditions. The subregulation will cease to apply in relation to a special licence if the licence is renewed, or ceases to have effect, after the commencement of these Regulations.
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