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Petroleum (Submerged Lands) Amendment Act 1992

  • - C2004A04508
  • No longer in force
Act No. 217 of 1992 as made
An Act to amend the Petroleum (Submerged Lands) Act 1967 to promote the occupational health and safety of persons employed in the designated areas, and for related purposes
Administered by: Resources, Energy and Tourism
Date of Assent 24 Dec 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - LONG TITLE

An Act to amend the Petroleum (Submerged Lands)
Act 1967 to promote the occupational health and
safety of persons employed in the designated areas, and
for related purposes

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 1
Short title etc.

(Assented to 24 December 1992)
1.(1) This Act may be cited as the Petroleum (Submerged Lands) Amendment Act 1992.

(2) In this Act, "Principal Act" means the Petroleum (Submerged Lands) Act 1967.*1*

(Minister's second reading speech made in-
Senate on 11 November 1992
House of Representatives on 17 December 1992)
*1* No. 118, 1967, as amended. For previous amendments, see No. 1, 1968; Nos. 36 and 216, 1973; No. 57, 1974; No. 37, 1976; No. 80, 1980 (as amended by Nos. 79 and 176, 1981); No. 79, 1981; No. 80, 1982; Nos. 22 and 166, 1984; Nos. 80 and 132, 1985; Nos. 106 and 145, 1987; No. 127, 1988; Nos. 15 and 37, 1990; No. 75, 1991; and Nos. 17 and 104, 1992.

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 2
Commencement

2.(1) Subject to subsection (2), the provisions of this Act commence on a day or days to be fixed by Proclamation.

(2) If a provision of this Act does not commence under subsection (1) within a period of 6 months beginning on the day on which this Act receives the Royal Assent, the provision commences on the day following the end of that period.

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 3

3. After section 5A of the Principal Act the following section is inserted:

Definitions relating to occupational health and safety
"5AA. Expressions in Schedule 7 have the meanings defined in Part 1 of that Schedule.".

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 4
Work practices

4. Section 97 of the Principal Act is amended:
(a) by omitting from subsection (1) "and shall secure the safety, health and welfare of persons engaged in those operations in or about the permit area, lease area or licence area";
(b) by omitting from subsection (3) "and shall secure the safety, health and welfare of persons engaged in operations in connexion with the pipeline";
(c) by omitting from subsection (5) "and shall secure the safety, health and welfare of persons engaged in those operations in or about that area".

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 5

5. After Division 6A of Part III of the Principal Act the following Division is inserted:

"Division 6B - Occupational Health and Safety
Application of occupational health and safety laws
"140H.(1) Subject to subsection (2), Schedule 7 applies in relation to each adjacent area.

"(2) Schedule 7 does not apply in relation to an adjacent area in respect of a State or the Northern Territory to the extent that the law of the State or Territory provides for matters relating to the occupational health and safety of persons employed in the area.

"(3) Subsection (2) has effect in relation to the adjacent area in respect of the Territory of Ashmore and Cartier Islands as if that area formed part of the adjacent area in respect of the Northern Territory.".

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 6
Schedule - occupational health and safety

6. The Principal Act is amended by adding at the end the Schedule set out in the Schedule to this Act.

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SCHEDULE

SCHEDULE Section 6
NEW SCHEDULE 7 TO BE ADDED TO PRINCIPAL ACT
SCHEDULE 7 Section 140H
TABLE OF PROVISIONS
OCCUPATIONAL HEALTH AND SAFETY
PART 1 - PRELIMINARY
Clause
1. Objects
2. Definitions
3. Functions conferred on Designated Authority
PART 2 - OCCUPATIONAL HEALTH AND SAFETY
Division 1 - General duties relating to occupational
health and safety
4. Duties of employers in relation to their employees etc.
5. Duties of employers in relation to third parties
6. Duties of manufacturers in relation to plant and
substances
7. Duties of suppliers in relation to plant and substances
8. Duties of persons erecting or installing plant in a

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workplace
9. Duties of employees in relation to occupational health
and safety
10. Reliance on information supplied or results of research
Division 2 - Specific duties relating to occupational
health and safety
11. Regulations relating to occupational health and safety
PART 3 - WORKPLACE ARRANGEMENTS
Division 1 - Health and safety representatives
12. Designated work groups
13. Health and safety representatives
14. Term of office
15. Training of health and safety representatives
16. Powers of health and safety representatives
17. Provisional improvement notices
18. Effect of provisional improvement notice
19. Duties of employers in relation to health and safety
representatives
20. Resignation etc. of health and safety representatives
21. Disqualification of health and safety representatives
22. Deputy health and safety representatives
Division 2 - Health and safety committees
23. Health and safety committees
24. Functions of health and safety committees
25. Duties of employers in relation to health and safety
committees
Division 3 - Emergency procedures
26. Action by health and safety representatives
27. Directions to perform other work
PART 4 - ADVICE AND INVESTIGATIONS
Division 1 - Advice
28. Designated Authority may refer persons seeking advice
to experts
Division 2 - Investigations
29. Investigators
30. Investigations
31. Power of entry
32. Power to require assistance and information
33. Power to take possession of plant, take samples of
substances etc.
34. Power to direct that workplace etc. not be disturbed
35. Power to issue prohibition notices
36. Power to issue improvement notices
37. Appeals
38. Liability of investigators
39. Notices not to be tampered with or removed
Division 3 - Reports on investigations
40. Reports on investigations
PART 5 - MISCELLANEOUS
41. Notifying and reporting accidents and dangerous
occurrences
42. Records of accidents and dangerous occurrences to
be kept
43. Codes of practice
44. Use of codes of practice in proceedings
45. Interference with equipment etc.
46. Employer not to levy employees etc.
47. Annual occupational health and safety report
48. Employer not to dismiss etc. employees on certain
grounds
49. Institution of prosecutions
50. Conduct of directors, servants and agents
51. Act not to give rise to other liabilities etc.
52. Circumstances preventing compliance with Schedule
may be defence to prosecution
53. Regulations - general
OCCUPATIONAL HEALTH AND SAFETY
PART 1 - PRELIMINARY
Objects
1. The objects of this Schedule are, in relation to
undertakings in the adjacent areas:
(a) to secure the health, safety and welfare at work of
employees; and
(b) to protect persons from risks to health and safety arising
out of the activities of employees; and
(c) to ensure that expert advice is available on occupational
health and safety matters affecting employers, employees and
contractors; and
(d) to promote an occupational environment for employees that
is adapted to their needs relating to health and safety; and

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(e) to foster a co-operative consultative relationship between
employers and employees on the health, safety and welfare of
employees.
Definitions
2. In this Schedule, unless the contrary intention appears:
"accident" includes the contraction of a disease;
"clause" means a clause of this Schedule;
"contract" includes an arrangement or understanding;
"contractor" means an individual who does work in connection
with an undertaking under a contract between an employer and
that person or any other person (whether an individual or not);
"contravention", if the contravention is an offence against
this Schedule or the regulations, includes an offence against:
(a) section 6, 7 or 7A of the Crimes Act 1914; or
(b) subsection 86(1) of that Act under paragraph (a) of that
subsection;
"dangerous occurrence" means an occurrence declared by the
regulations to be a dangerous occurrence for the purposes of
this definition;
"designated work group" means a group of employees established
as a designated work group under clause 12, or that group as
varied in accordance with that clause, and, in relation to an
employer, means such a group that consists entirely of employees
of that employer;
"employee", in relation to an employer, means an employee of
that employer;
"employer" means an employer who carries on an activity to
which Part III of this Act applies;
"improvement notice" means an improvement notice issued under
subclause 36(1);
"investigation" means an investigation conducted under Part 4
of this Schedule;
"investigator" means a person appointed under clause 29 to be
an investigator;
"involved union" means:
(a) in relation to an employee of a particular employer - a
registered union of which the employee is a member, if the
employee is qualified to be a member because of the work the
employee performs for that employer; or
(b) in relation to a designated work group - a registered
union of which an employee in the group is a member, if the
employee is qualified to be a member because of the work the
employee performs as an employee in the group;
"own" includes own jointly or own in part;
"paragraph" means a paragraph of a provision of this Schedule;
"Part" means a Part of this Schedule;
"plant" includes any machinery, equipment or tool, or any
component;
"prohibition notice" means a prohibition notice issued under
subclause 35(1);
"registered union" means:
(a) an organisation of employees within the meaning of the
Industrial Relations Act 1988; or
(b) an organisation of employees registered under a State Act
that deals with industrial relations; or
(c) a body that is declared by the regulations to be a
registered union for the purposes of this Schedule;
"regulations" means regulations made under section 157 for the
purposes of this Schedule;
"reviewing authority" means the Australian Industrial
Relations Commission;
"work" means work directly or indirectly connected with an
activity to which Part III of this Act applies;
"workplace" means anywhere a person works.
Functions conferred on Designated Authority
3. The following additional functions are conferred on the
Designated Authority:
(a) to ensure, in accordance with this Schedule and the
regulations, that the obligations imposed by or under this
Schedule and the regulations are complied with;
(b) to advise employers, employees or contractors, either on
its own initiative or on request, on occupational health and
safety matters;
(c) to collect, interpret and report information relating to
occupational health and safety;
(d) to formulate policies and strategies relating to the
occupational health and safety of employees;
(e) to accredit occupational health and safety training
courses for the purposes of clause 15;
(f) to liaise with other bodies concerned with occupational

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health and safety.

PART 2 - OCCUPATIONAL HEALTH AND SAFETY
Division 1 - General duties relating to occupational
health and safety
Duties of employers in relation to their employees etc.
4.(1) An employer must take all reasonable steps to protect
the health and safety at work of employees.
Penalty: $100,000.
(2) Without limiting the generality of subclause (1), an
employer contravenes that subclause if the employer fails to
take all reasonable steps:
(a) to provide and maintain a working environment (including
plant and systems of work) that:

(i) is safe for employees and without risk to their health;
and
(ii) provides adequate facilities for their welfare at work;
and
(b) in relation to any workplace under the employer's control,
to:
(i) ensure the workplace is safe for employees and without
risk to their health; and
(ii) provide and maintain a means of access to, and egress
from, the workplace that is safe for employees and without risk
to their health; and
(c) to ensure the safety at work of, and the absence of risks
at work to the health of, employees in connection with the use,
handling, storage or transport of plant or of substances; and
(d) to develop, in consultation with any involved unions in
relation to the employees, and with such other persons as the
employer considers appropriate, a policy, relating to
occupational health and safety, that will:
(i) enable the employer and the employees to co-operate
effectively in promoting and developing measures to ensure the
employees' health, safety and welfare at work; and
(ii) provide adequate mechanisms for reviewing the
effectiveness of measures; and
(e) to provide to employees, in appropriate languages, the
information, instruction, training and supervision necessary to
enable them to perform their work in a way that is safe and
without risk to their health.
(3) A policy relating to occupational health and safety
referred to in paragraph (2)(d) that is developed in
consultation with involved unions must provide for making an
agreement between the employer and the involved unions that:
(a) provides appropriate mechanisms for continuing
consultation, between the employer, the involved unions and
employees, on occupational health and safety matters; and
(b) provides for such other matters (if any) as are agreed
between the employer and the involved unions.
(4) The obligations of an employer in respect of employees
that are set out in subclauses (1) and (2) apply also in respect
of persons who are contractors of that employer but only in
relation to:
(a) matters over which the employer has control; or
(b) matters over which the employer would have had control
apart from an express provision to the contrary in an agreement
made by the employer with such a contractor, being matters over
which the employer would, in the circumstances, usually be
expected to have had control.
(5) Without limiting the generality of subclause (1) so far as
it applies in relation to employees, the employer contravenes
that subclause if the employer fails to take all reasonable
steps:
(a) to take appropriate action to monitor employees' health
and safety at work, and the conditions of the workplaces under
the employer's control; and
(b) to maintain appropriate information and records relating
to employees' health and safety; and
(c) to provide appropriate medical and first aid services for
employees.
Duties of employers in relation to third parties
5. An employer must take all reasonable steps to ensure that
persons at or near a workplace under the employer's control who
are not the employer's employees or contractors are not exposed
to risk to their health or safety arising from the conduct of
the employer's undertaking.
Penalty: $100,000.
Duties of manufacturers in relation to plant and substances
6.(1) A manufacturer of any plant that the manufacturer ought
reasonably to expect will be used by employees at work must take

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all reasonable steps:
(a) to ensure that the plant is so designed and constructed as
to be, when properly used, safe for employees and without risk
to their health; and
(b) to carry out, or cause to be carried out, the research,
testing and examination necessary in order to discover, and to
eliminate or minimise, any risk to the health or safety of
employees that may arise from the use of the plant; and
(c) to make available to an employer, in connection with the
use of the plant by employees at work, adequate information
about:
(i) the use for which it is designed and has been tested;
and
(ii) details of its design and construction; and
(iii) any conditions necessary to ensure that, when put to
the use for which it was designed and tested, it will be safe
for employees and without risk to their health.
Penalty: $20,000.
(2) A manufacturer of any substance that the manufacturer
ought reasonably to expect will be used by employees at work
must take all reasonable steps:
(a) to ensure that the substance is so manufactured as to be,
when properly used, safe for employees and without risk to their
health; and
(b) to carry out, or cause to be carried out, the research,
testing and examination necessary to discover, and to eliminate
or minimise, any risk to the health and safety of employees that
may arise from the use of the substance; and
(c) to make available to an employer, in connection with the
use of the substance by employees at work, adequate information
concerning:
(i) the use for which it is manufactured and has been
tested; and
(ii) details of its composition; and
(iii) any conditions necessary to ensure that, when put to
the use for which it was manufactured and tested, it will be
safe for employees and without risk to their health; and
(iv) the first aid and medical procedures that should be
followed if the substance causes injury.
Penalty: $20,000.
(3) If:
(a) plant or a substance is imported into Australia by a
person who is not its manufacturer; and
(b) at the time of the importation, the manufacturer of the
plant or substance does not have a place of business in
Australia;
the first-mentioned person is, for the purposes of this clause,
taken to be the manufacturer of the plant or substance.
(4) This clause does not affect the operation of the Trade
Practices Act 1974, or of any other law of the Commonwealth, a
State or a Territory that imposes an obligation on a
manufacturer in respect of defective goods or in respect of
information to be supplied in relation to goods.
Duties of suppliers in relation to plant and substances
7.(1) A supplier of any plant or substance that the supplier
ought reasonably to expect will be used by employees at work
must take all reasonable steps:
(a) to ensure that, at the time of supply, the plant or
substance is in such condition as to be, when properly used,
safe for employees and without risk to their health; and
(b) to carry out, or cause to be carried out, the research,
testing and examination necessary to discover, and to eliminate
or minimise, any risk to the health or safety of employees that
may arise from the condition of the plant or substance; and
(c) to make available to an employer, in connection with the
use of the plant or substance by employees at work, adequate
information about:
(i) the condition of the plant or substance at the time of
supply; and
(ii) any risk to the health and safety of employees to which
the condition of the plant or substance may give rise unless it
is properly used; and
(iii) the steps that need to be taken in order to eliminate
such risk; and
(iv) in the case of a substance - the first aid and medical
procedures that should be followed if the condition of the
substance causes injury to an employee.
Penalty: $20,000.
(2) For the purposes of subclause (1), where a person (in this
subclause called the "ostensible supplier") supplies to an

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employer any plant or substance that is to be used by employees
at work, and the ostensible supplier:
(a) carries on the business of financing the acquisition or
the use of goods by other persons; and
(b) has, in the course of that business, acquired an interest
in the plant or substance solely for the purpose of financing
its acquisition by the employer from a third person, or its
provision to the employer by a third person; and
(c) has not taken possession of the plant or substance or has
taken possession of the plant or substance solely for the
purpose of passing possession of the plant or substance to that
employer;
the reference in subclause (1) to a supplier is, in relation to
the plant or substance referred to in this subclause, to be read
as a reference to the third person and not as a reference to the
ostensible supplier.
(3) This clause does not affect the operation of the Trade
Practices Act 1974, or of any other law of the Commonwealth, a
State or a Territory that imposes an obligation in respect of
the sale or supply of goods or in respect of the information to
be supplied in relation to goods.
Duties of persons erecting or installing plant in a workplace
8.(1) A person who erects or installs any plant in a workplace
for the use of employees at work must take all reasonable steps
to ensure that the plant is not erected or installed in such a
way that it is unsafe for employees who use the plant or
constitutes a risk to their health.
Penalty: $20,000.
(2) This clause does not affect the operation of the Trade
Practices Act 1974, or of any other law of the Commonwealth, a
State or a Territory that imposes an obligation in respect of
the erection or installation of goods or the supply of services.
Duties of employees in relation to occupational health and
safety
9.(1) An employee must, at all times while at work, take all
reasonable steps:
(a) to ensure that the employee does not take any action, or
make any omission, that creates a risk, or increases an existing
risk, to the health or safety of the employee, or of other
persons (whether employees or not) at or near the place at which
the employee is at work; and
(b) in respect of any duty or obligation imposed on the
employee's employer, or on any other person, by or under this
Schedule or the regulations, to co-operate with the employer, or
that other person, to the extent necessary to enable the
employer or other person to fulfil that duty or obligation; and
(c) to use equipment, in accordance with any instructions
given by the employer consistent with its safe and proper use,
that is:
(i) supplied to the employee by the employer; and
(ii) necessary to protect the health and safety of the
employee, or of other persons (whether employees or not) at or
near the place at which the employee is at work.

Penalty: $5,000.
(2) Subclause (1) does not imply that the choice or manner of
use, or choice and manner of use, of equipment of the kind
referred to in subparagraph (1)(c)(ii) is not a matter that may
be, consistently with this Schedule and the regulations:
(a) agreed on between the employer and any relevant involved
union; or
(b) agreed on by a health and safety committee.
(3) If an agreement of the kind referred to in paragraph
(2)(a) (whether or not entered into before the commencement of
this clause) or of the kind referred to in paragraph (2)(b)
provides a process for choosing equipment of a particular kind
that is to be provided by the employer, action must not be taken
against an employee for failure to use equipment of that kind
that is so provided unless the equipment has been chosen in
accordance with that process.
(4) If an agreement of the kind referred to in paragraph
(2)(a) (whether or not entered into before the commencement of
this clause) or of the kind referred to in paragraph (2)(b)
provides a process for determining the manner of use of
equipment of a particular kind, action must not be taken against
an employee for failure to use, in the manner required by the
employer, equipment of that kind that is so provided unless the
manner has been determined in accordance with that process.
Reliance on information supplied or results of research
10.(1) Without limiting the generality of what constitutes
taking reasonable steps as required by clause 4 or 5, for the

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purpose of the application of that clause to the use of plant or
a substance, a person on whom an obligation is imposed under
that clause is regarded as having taken such reasonable steps as
that clause requires, in relation to the use of the plant or
substance, to the extent that:
(a) the person ensured, so far as practicable, that its use
was in accordance with the information supplied by the
manufacturer or the supplier of the plant or substance relating
to health and safety in its use; and
(b) it was reasonable for the person to rely on that
information.
(2) Without limiting the generality of what constitutes taking
reasonable steps as required by clause 8, for the purpose of the
application of that clause to the erection or installation of
plant in a workplace, a person on whom an obligation is imposed
under that clause is regarded as having taken such reasonable
steps as that clause requires to the extent that:
(a) the person ensured, so far as practicable, that the
erection or installation of the plant was in accordance with
information supplied by the manufacturer or the supplier of the
plant relating to the erection or installation of the plant in a
manner that ensures the health and safety of employees who use
the plant; and
(b) it was reasonable for the person to rely on that
information.
(3) Without limiting the generality of what constitutes taking
reasonable steps as required by clause 6 or 7, for the purpose
of the application of that clause to carrying out research,
testing and examining plant or a substance, a person on whom an
obligation is imposed under that clause is regarded as having
taken such reasonable steps as that clause requires, in relation
to carrying out research, testing and examining the plant or
substance, to the extent that:
(a) the research, testing or examination has already been
carried out by or on behalf of someone else; and
(b) it was reasonable for the person to rely on that research,
testing or examination.

Division 2 - Specific duties relating to occupational
health and safety
Regulations relating to occupational health and safety
11.(1) Subject to this Schedule, the regulations may make
provision relating to any matter affecting, or likely to affect,
the occupational health and safety of employees or contractors.
(2) Without limiting the generality of subclause (1), those
regulations may make provision for any or all of the following:
(a) prohibiting or restricting the performance of all work or
specified work at a workplace or by employees or contractors at
work;
(b) prohibiting or restricting the use of all plant or
specified plant at a workplace or by employees or contractors at
work;
(c) prohibiting or restricting the carrying out of all
processes or a specified process at a workplace or by employees
or contractors at work;
(d) prohibiting or restricting the storage or use of all
substances or specified substances at a workplace or by
employees or contractors at work;
(e) specifying the form in which information required to be
made available to an employer under paragraph 6(1)(c) or 7(1)(c)
is to be so made available;
(f) prohibiting, except in accordance with licences granted
under the regulations, the use of specified plant or specified
substances at a workplace or by employees or contractors at
work;
(g) providing for the issue, variation, renewal, transfer,
suspension and cancellation of such licences, the conditions to
which the licences may be subject and the fees payable for the
issue, variation or transfer of the licences;
(h) regulating the maintenance and testing of plant used at a
workplace or by employees or contractors at work;
(j) regulating the labelling or marking of substances used at
a workplace or by employees or contractors at work;
(k) regulating the transport of specified plant or specified
substances for use at a workplace or by employees or contractors
at work;
(m) prohibiting the performance, at a workplace or by
employees or contractors at work, of specified activities or
work except:
(i) by persons who satisfy requirements of the regulations
as to qualifications, training or experience; or

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(ii) under the supervision specified in the regulations;
(n) requiring specified action to avoid accidents or dangerous
occurrences;
(p) providing for, or prohibiting, specified action in the
event of accidents or dangerous occurrences;
(q) providing for the employment at workplaces of persons to
perform specified duties relating to the maintenance of
occupational health and safety at workplaces;
(r) regulating the provision and use, at a workplace or by
employees or contractors at work, of protective clothing and
equipment, safety equipment and rescue equipment;
(s) providing for monitoring the health of employees and the
conditions at workplaces;
(t) requiring employers to keep records of matters related to
the occupational health and safety of employees;
(u) providing for the provision of first aid equipment and
facilities at workplaces.
PART 3 - WORKPLACE ARRANGEMENTS
Division 1 - Health and safety representatives
Designated work groups
12.(1) A request to an employer to enter into consultations to
establish designated work groups in respect of employees of the
employer, or to vary designated work groups that have already
been established, may be made by:
(a) if there are involved unions in relation to employees of
the employer - any such involved union; or
(b) if there is no involved union in relation to any employee
of the employer - any such employee.
(2) The employer may, at any time, and must, within 14 days
after receiving such a request, enter into such consultations
with:
(a) if there are involved unions in relation to employees of
the employer - each such involved union; or
(b) if there is no involved union in relation to any employee
of the employer - the employee who made the request.
(3) If an employer believes that designated work groups should
be varied, the employer may, at any time, enter into
consultations about the variation of the designated work groups
with:
(a) if there are involved unions in relation to employees of
the employer - each such involved union; or
(b) if there is no involved union in relation to any employee
of the employer - the health and safety representative of each
designated work group proposed to be varied.
(4) If, in the course of consultations under subclause (2) or
(3), there is a disagreement between any of the parties to the
consultation about the manner of establishing or varying a
designated work group, any party may, for the purpose of
facilitating that consultation, refer the matter of disagreement
to the reviewing authority and, where this is done, the parties
to the disagreement must complete the consultation in accordance
with the resolution of that matter by the reviewing authority.
(5) Within 14 days after the completion of consultations about
the establishment of the designated work groups, the employer
must, by notifying the employees, establish the designated work
groups in accordance with the outcome of the consultations.
(6) Within 14 days after the completion of consultations about
the variation of designated work groups that have already been
established, the employer must, if it has been determined that
the variation of some or all of those designated work groups is
justified, by notifying the employees who are affected by the
variation, vary the designated work groups in accordance with
the outcome of the consultations.
(7) Consultations about the establishment or variation of a
designated work group must be directed principally at the
determination of the manner of grouping employees:
(a) that best and most conveniently enables the employees'
interests relating to occupational health and safety to be
represented and safeguarded; and
(b) that best takes account of the need for any health and
safety representative selected for that designated work group to
be accessible to each employee in the group.
(8) The parties to the consultations must have regard, in
particular, to:
(a) the number of the employees; and
(b) the nature of each type of work performed by the
employees; and
(c) the number and grouping of the employees who perform the
same or similar types of work; and
(d) the workplaces, and the areas within the workplaces, where

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each type of work is performed; and
(e) the nature of any risks to health and safety at the
workplaces; and
(f) any overtime or shift working arrangements at the
workplaces.
(9) The designated work groups must be established or varied
in such a way that, so far as practicable, each of the employees
is in a designated work group.
(10) All the employees may be in one designated work group.
Health and safety representatives

13.(1) One health and safety representative may be selected
for each designated work group.
(2) A person is not eligible for selection as the health and
safety representative for a designated work group unless the
person is an employee included in the group.
(3) A person is taken to have been selected as the health and
safety representative for a designated work group if:
(a) all the employees in the group unanimously agree to the
selection; or
(b) the person is elected as the health and safety
representative of the group.
(4) An election of a health and safety representative for the
designated work group may be conducted:
(a) if there is only one involved union in relation to the
group - by that involved union; or
(b) if there is more than one involved union and all the
involved unions are in agreement that a specified one of those
unions should conduct the election - by that specified union; or
(c) if there is no involved union in relation to the group -
by a person authorised by the Designated Authority to conduct
elections under this clause.
(5) An employee in the designated work group may be a
candidate in the election if and only if:
(a) the employee is not disqualified under clause 21; and
(b) if an involved union in relation to the group is
conducting the election - the employee is nominated by an
involved union in relation to the group.
(6) All the employees in the designated work group are
entitled to vote in the election.
(7) If there is only one candidate for the election, that
person is taken to have been elected.
(8) If a person is selected as the health and safety
representative for a designated work group:
(a) if the person is selected by agreement in accordance with
paragraph (3)(a) - the person; and
(b) if the person is selected by election in accordance with
paragraph (3)(b) - the involved union or other person authorised
under subclause (4) to conduct the election;
must, as soon as practicable after the person has been so
selected, inform the employer of the name of the person so
selected.
(9) As soon as practicable after being so informed, the
employer must cause a notice of the selection to be displayed in
a prominent place at such workplaces, under the employer's
control, as will allow all the employees in the group to be
notified of the selection.
(10) An employer must prepare and keep up to date a list of
all the health and safety representatives of designated work
groups comprising employees of the employer, and must ensure
that the list is at all reasonable times available for
inspection by:
(a) the employees; and
(b) involved unions in relation to the designated work groups;
and
(c) investigators.
Term of office
14. Subject to this Part, a health and safety representative
for a designated work group holds office:
(a) if, in consultations that took place under clause 12, the
parties to the consultations agreed to the period for which the
health and safety representative for the group was to hold
office - for such a period; or
(b) if paragraph (a) does not apply - for 2 years;
beginning at the first moment of the day on which he or she was
selected, but is eligible to be selected for further terms of
office.
Training of health and safety representatives
15.(1) A health and safety representative for a designated
work group must undertake a course of training relating to
occupational health and safety that is accredited by the

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Designated Authority for the purposes of this clause.
(2) The employer must permit the representative to take such
time off work, without loss of remuneration or other
entitlements, as is necessary to undertake the training.
Powers of health and safety representatives
16.(1) A health and safety representative for a designated
work group may, for the purposes of promoting or ensuring the
health and safety at work of the employees in the group:
(a) in respect of a workplace at which work is performed, for
the employer of all of the employees in the group, by some or
all of those employees, do all or any of the following:
(i) inspect the whole or any part of the workplace if:
(A) there has, in the immediate past, been an accident or
a dangerous occurrence at the workplace, or there is an
immediate threat of such an accident or dangerous occurrence; or
(B) the health and safety representative has given the
employer reasonable notice of the inspection;
(ii) make a request to an investigator or to the Designated
Authority that an investigation be conducted at the workplace;
(iii) accompany an investigator during any investigation at
the workplace by the investigator (whether or not the
investigation is being conducted as a result of a request made
by the health and safety representative);
(iv) if there is no health and safety committee in respect
of the employer's employees at the workplace - represent the
employees in the group in consultations with the employer about
the development, implementation and review of measures to ensure
the health and safety at work of the employees in the group;
(v) where a health and safety committee has been established
in respect of the employer's employees at the workplace -
examine any of the records of that committee; and
(b) investigate complaints made by any of the employees in the
group to the health and safety representative about the health
and safety of any of the employees at work; and
(c) with the consent of the employee concerned, be present at
any interview, about health and safety at work, between an
employee in the group and:
(i) an investigator; or
(ii) the employer or a person representing the employer; and
(d) obtain access to:
(i) any information under the employer's control relating
to risks to health and safety of any employees:
(A) at any workplace under the employer's control; or
(B) arising from the conduct by the employer of an
undertaking or from plant or substances used for the purposes of
the undertaking; and
(ii) subject to subclause (6), any information under the
employer's control relating to the health and safety of any of
the employees; and
(e) issue provisional improvement notices in accordance with
clause 17.
(2) A health and safety representative for a designated work
group is entitled, in the exercise of his or her powers, to be
assisted by a consultant.
(3) A health and safety representative for a designated work
group must not:
(a) be assisted by a consultant at a workplace at which work
is performed for an employer of the employees in the group; or
(b) provide to a consultant information which has been
provided to the health and safety representative by an employer
under paragraph (1)(d);
unless the employer or the Designated Authority has, in writing,
agreed to the provision of that assistance at that workplace or
the provision of that information, as the case may be.
(4) An employer does not, because of the agreement under
subclause (3) to the provision of assistance by a consultant,
become liable for any remuneration or other expenses incurred in
connection with the consultant's activities.
(5) If a health and safety representative for a designated
work group is being assisted by a consultant, the consultant is
entitled to be present with the representative at any interview,
about health and safety at work, between an employee in the
group and:
(a) an investigator; or
(b) the employer or a person representing the employer;
if, and only if, the employee consents to the presence of the
consultant.
(6) The health and safety representative is not entitled, or,
where the health and safety representative is assisted by a
consultant, the health and safety representative and the

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consultant are not entitled, under subparagraph (1)(d)(ii), to
have access:
(a) to information in respect of which the employer is
entitled to claim, and does claim, legal professional privilege;
or
(b) to information of a confidential medical nature relating
to a person who is or was an employee unless:
(i) the person has delivered to the employer a written
authority permitting the health and safety representative, or
the health and safety representative and the consultant, as the
case requires, to have access to the information; or
(ii) the information is in a form that does not identify the
person or enable the identity of the person to be discovered.
(7) This Schedule does not:
(a) impose an obligation on a person to exercise any power
conferred on the person because the person is a health and
safety representative; or
(b) render a person liable in civil proceedings because of:
(i) a failure to exercise such a power; or
(ii) the way such a power was exercised.
Provisional improvement notices
17.(1) If a health and safety representative for a designated
work group believes, on reasonable grounds, that a person:
(a) is contravening a provision of this Schedule or the
regulations; or
(b) has contravened a provision of this Schedule or the
regulations and is likely to contravene that provision again;
being a contravention that affects or that may affect one or
more employees included in the group, the representative must
consult with the person supervising the work performed by the
employee or employees in an attempt to reach agreement on
rectifying the contravention or preventing the likely
contravention.
(2) If, in the health and safety representative's opinion,
agreement is not reached within a reasonable time, the health
and safety representative may issue a provisional improvement
notice to the person (in this clause called the "responsible
person") responsible for the contravention.
(3) If the responsible person is an employer but it is not
practicable to issue the notice to the employer by giving it to
the employer, the notice may be issued to the employer by giving
it to the person who is, or may reasonably be presumed to be,
for the time being, in charge of the activity in connection with
which, in the health and safety representative's opinion, the
employer is contravening, or is likely to contravene, this
Schedule or the regulations and, if the notice is so issued, a
copy of the notice must be given to the employer as soon as
practicable afterwards.
(4) The notice must:

(a) specify the contravention that, in the health and safety
representative's opinion, is occurring or is likely to occur,
and set out the reasons for that opinion; and
(b) specify a period of not less than 7 days beginning on the
day after the notice is issued, being a period that is, in the
representative's opinion, reasonable, within which the
responsible person is to take action necessary to prevent any
further contravention or to prevent the likely contravention, as
the case may be.
(5) The notice may specify action that the responsible person
is to take during the period specified in the notice.
(6) If, in the health and safety representative's opinion, it
is appropriate to do so, the representative may, in writing and
before the end of the period, extend the period specified in the
notice.
(7) Upon issuing the notice, the health and safety
representative must give a copy of the notice to:
(a) if the notice is issued to an employee in connection with
work performed by the employee for an employer - that employer;
and
(b) if the notice relates to any workplace, plant, substance
or thing that is owned by a person, not being the responsible
person or a person who is an employer referred to in paragraph
(a) - that owner; and
(c) if the notice is issued to a person (not being an
employer) who owns any workplace, plant, substance or thing
because of which a contravention of this Schedule or the
regulations has occurred or is likely to occur - the employer of
the employees who work in that workplace or who use that plant,
substance or thing.
Effect of provisional improvement notice

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18.(1) Within 7 days after a notice is issued under clause 17,
the responsible person, or any other person, to whom a copy of
the notice has been given under subclause 17(7) may make a
request to the Designated Authority or to an investigator that
an investigation of the matter be conducted.
(2) Upon the request being made, the operation of the notice
is suspended pending the determination of the matter by an
investigator.
(3) As soon as possible after a request is made, an
investigation must be conducted of the work that is the subject
of the disagreement, and the investigator conducting the
investigation must:
(a) confirm, vary or cancel the notice and notify the
responsible person and any person to whom a copy of the notice
has been given under subclause 17(2) accordingly; and
(b) make such decisions, and exercise such powers, under Part
4, as the investigator considers necessary in relation to the
work.
(4) Where the investigator varies the notice, the notice as so
varied has effect, and, except in so far as it imposes
additional obligations on the responsible person, is taken to
have always had effect, accordingly.
(5) If the notice is issued to an employer, the employer must:
(a) notify each employee who is affected by the notice of the
fact of the issue of the notice; and
(b) until the notice ceases to have effect, cause a copy of
the notice to be displayed at or near each workplace at which
the work that is the subject of the notice is being performed.
(6) The notice ceases to have effect if:
(a) it is cancelled by an investigator or by the health and
safety representative; or
(b) the responsible person:
(i) takes such action, if any, as is specified in the
notice; or
(ii) if no action is so specified - takes the action
necessary to prevent the further contravention, or likely
contravention, concerned.
(7) The responsible person:
(a) must ensure that, to the extent that the notice relates to
any matter over which the person has control, the notice is
complied with; and
(b) must take reasonable steps to inform the health and safety
representative who issued the notice of the action taken to
comply with the notice.
(8) For the purposes of clause 37, if the investigator
confirms or varies the notice, the investigator is taken to have
decided, under clause 36, to issue an improvement notice in
those terms.
Duties of employers in relation to health and safety
representatives
19.(1) The employer of all the employees included in a
designated work group for which there is a health and safety
representative must:
(a) upon being requested to do so by the representative,
consult with the representative on the implementation of changes
at any workplace at which some or all of the employees in the
group perform work for the employer, being changes that may
affect the health and safety at work of the employees; and
(b) in respect of a workplace at which some or all of the
employees perform work for the employer:
(i) permit the representative to make such inspection of the
workplace as the representative is entitled to make in
accordance with subparagraph 16(1)(a)(i), and to accompany an
investigator during any investigation at the workplace by the
investigator; and
(ii) if there is no health and safety committee in respect
of the employees at the workplace - upon being requested to do
so by the representative, consult with the representative about
the development, implementation and review of measures to ensure
the health and safety at work of those employees; and
(c) permit the representative to be present at any interview
at which the representative is entitled to be present under
paragraph 16(1)(c); and
(d) subject to subclauses (2) and (3), provide to the
representative access to any information to which the
representative is entitled to obtain access under subparagraph
16(1)(d)(i) or (ii) and to which access has been requested; and
(e) permit the representative to take such time off work,
without loss of remuneration or other entitlements, as is
necessary to exercise the powers of a health and safety

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representative; and
(f) provide the representative with access to such facilities
as are:
(i) prescribed for the purposes of this paragraph; or
(ii) necessary for the purposes of exercising the powers of
a health and safety representative.
(2) An employer must not permit a health and safety
representative to have access to information of a confidential
medical nature under the control of the employer, being
information relating to a person who is or was an employee,
unless:
(a) the person has delivered to the employer a written
authority permitting the representative to have access to the
information; or
(b) the information is in a form that does not identify the
person or enable the identity of the person to be discovered.
(3) An employer is not required to give a health and safety
representative access to any information in respect of which the
employer is entitled to claim, and does claim, legal
professional privilege.
Resignation etc. of health and safety representatives
20.(1) A person must cease to be the health and safety
representative for the designated work group if:
(a) the person resigns as the health and safety
representative; or
(b) the person ceases to be an employee included in the
designated work group; or
(c) the person's term of office expires without the person
having been selected, under clause 13, to be the health and
safety representative for the designated work group for a
further term; or
(d) the person is disqualified under clause 21.
(2) A person may resign as the health and safety
representative for a designated work group:
(a) if the person was last selected as the health and safety
representative in an election conducted by an involved union in
relation to the group - by notice in writing delivered to the
involved union that nominated the person as a candidate in the
election; or
(b) in any other case - by notice in writing delivered to the
employer of all the employees included in the group.
(3) If a person has resigned as the health and safety
representative for a designated work group:
(a) if paragraph (2)(a) applies - the involved union to which
the notice of resignation was delivered; or
(b) in any other case - the person;
must notify the employees included in the group, and, in a case
to which paragraph (2)(a) applies, the employer of all those
employees, of the resignation.
(4) If a person has ceased to be the health and safety
representative for a designated work group because of paragraph
(1)(b), the person must notify in writing:
(a) the employees included in the group; and
(b) the employer of all those employees; and
(c) if the person was last selected as the health and safety
representative in an election conducted by an involved union in
relation to the group - the involved union, in relation to the
group, that nominated the person as a candidate in the election;
that the person has ceased to be the health and safety
representative for that designated work group.
Disqualification of health and safety representatives
21.(1) An application for the disqualification of a health and
safety representative for a designated work group may be made to
the Designated Authority by the employer of all the employees
included in the designated work group, or by an involved union
in relation to the designated work group, on one or both of the
following grounds:
(a) that action taken by the representative in the exercise or
purported exercise of a power under subclause 16(1) or any other
provision of this Schedule was taken:
(i) with the intention of causing harm to the employer or to
an undertaking of the employer; or
(ii) unreasonably, capriciously or not for the purpose for
which the power was conferred on the representative;
(b) that the representative has intentionally used, or
disclosed to another person, for a purpose that is not connected
with the exercise of a power of a health and safety
representative, information acquired from the employer.
(2) If, upon an application by an employer under subclause
(1), the Designated Authority is satisfied that the health and

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safety representative has acted in a manner referred to in
paragraph (1)(a) or (b), the Designated Authority may, after
having regard to:
(a) the harm (if any) that was caused to the employer or to an
undertaking of the employer as a result of the action of the
representative; and
(b) the past record of the representative in exercising the
powers of a health and safety representative; and

(c) the effect (if any) on the public interest of the action
of the representative; and
(d) such other matters as the Authority thinks relevant;
disqualify the representative, for a specified period not
exceeding 5 years, from being a health and safety representative
for any designated work group.
Deputy health and safety representatives
22.(1) One deputy health and safety representative may be
selected for each designated work group for which a health and
safety representative has been selected.
(2) A deputy health and safety representative is to be
selected in the same way as a health and safety representative
under clause 13.
(3) If the health and safety representative for a designated
work group ceases to be the health and safety representative or
is unable (because of absence or for any other reason) to
exercise the powers of a health and safety representative:
(a) the powers may be exercised by the deputy health and
safety representative (if any) for the group; and
(b) this Schedule (other than this clause) applies in relation
to the deputy health and safety representative accordingly.

Division 2 - Health and safety committees
Health and safety committees
23.(1) A health and safety committee must be established in
respect of employees at a particular workplace if:
(a) the number of employees who work at the workplace is
normally not less than 50 (whether or not the employees are all
at work at the workplace at the same time); and
(b) the employees are included in one or more designated work
groups in respect of the employer; and
(c) the employer is requested to establish the committee by:
(i) a health and safety representative for the designated
work group or for one of the designated work groups; or
(ii) an involved union in relation to such a group.
(2) The health and safety committee consists of:
(a) the number of members specified in an agreement reached
between the employer and:
(i) the involved unions in relation to the designated work
group that includes, or the designated work groups that include,
all of the employees; or
(ii) if there are no such involved unions - the employees;
or
(b) if there is no such agreement - an equal number of
members, chosen by employees, to represent the interests of the
employees and members, chosen by the employer, to represent the
interests of management.
(3) The agreement referred to in paragraph (2)(a) may:
(a) specify the persons who are to be members to represent the
interests of management; and
(b) provide for the way in which persons who are to be members
to represent the interests of employees are to be chosen.
(4) If regulations made for the purposes of this clause
specify procedures for the selection of persons as members of
health and safety committees, to represent the interests of
employees, an agreement referred to in paragraph (2)(a) must not
provide for such members to be chosen in a way inconsistent with
the regulations.
(5) A health and safety committee must hold meetings at least
once every 3 months.
(6) The procedure at meetings of a health and safety committee
must, except to the extent provided for by the regulations, be
the procedure agreed upon by the committee.
(7) A health and safety committee must cause minutes of its
meetings to be kept, and must retain those minutes for a period
of not less than 3 years.
(8) This clause does not prevent an employer from
establishing, in consultation with registered unions or any
other persons, committees concerned with occupational health and
safety in relation to undertakings carried on by the employer.
Functions of health and safety committees
24.(1) A health and safety committee has the following
functions:

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(a) to assist the employer:
(i) to develop and implement measures designed to protect;
and
(ii) to review and update measures used to protect;
the health and safety at work of employees;
(b) to facilitate co-operation between the employer and
employees in relation to occupational health and safety matters;
(c) to assist the employer to disseminate among employees, in
appropriate languages, information relating to health and safety
at work;
(d) such functions as are prescribed;
(e) such other functions as are agreed upon between the
employer and the health and safety committee.
(2) A health and safety committee has power to do all things
necessary or convenient to be done for, or in connection with,
the performance of its functions.
(3) This Schedule does not:
(a) impose an obligation on a person to do any act, because
the person is a member of a health and safety committee, in
connection with the performance of a function conferred on the
committee; or
(b) render such a person liable in civil proceedings because
of:
(i) a failure to do such an act; or
(ii) the manner in which such an act was done.
Duties of employers in relation to health and safety committees
25.(1) If there is a health and safety committee, the employer
must:
(a) subject to subclauses (2) and (3), make available to the
committee any information possessed by the employer relating to
risks to the health and safety of employees:
(i) at any workplace under the employer's control; or
(ii) arising from the conduct by the employer of an
undertaking, or from plant or substances used for the purposes
of the undertaking; and
(b) permit any member of the committee who is an employee to
take such time off work, without loss of remuneration or other
entitlements, as is necessary for the member adequately to
participate in the performance by the committee of its
functions.
(2) An employer must not make available to a health and safety
committee information of a confidential medical nature relating
to a person who is or was an employee, unless:
(a) the person has delivered to the employer an authority
permitting the information to be made available to the
committee; or
(b) the information is in a form that does not identify the
person or enable the identity of the person to be discovered.
(3) An employer is not required to make available to a health
and safety committee any information in respect of which the
employer is entitled to claim, and does claim, legal
professional privilege.

Division 3 - Emergency procedures
Action by health and safety representatives
26.(1) If a health and safety representative for a designated
work group has reasonable cause to believe that there is an
immediate threat to the health or safety of one or more of the
employees included in the group unless the employee ceases to
perform particular work, the representative must:
(a) inform a person (in this clause called a "supervisor")
supervising the employee or employees in the performance of the
work of the threat to health or safety; or
(b) if no supervisor can be contacted immediately - direct the
employee or employees to cease, in a safe manner, to perform the
work, and as soon as practicable inform a supervisor that the
direction has been given.
(2) If a supervisor is informed under paragraph (1)(a) of a
threat to the health and safety of one or more of the employees,
the supervisor must take such action as he or she considers
appropriate to remove that threat, and any such action may
include directing the employee or employees to cease, in a safe
manner, to perform the work.
(3) If a health and safety representative:
(a) is unable to agree with a supervisor whom the
representative has informed under paragraph (1)(a) of a threat
to the health or safety of persons performing work, and who has
taken such action as the supervisor considers appropriate to
remove that threat, that the action taken was sufficient to
remove that threat; or
(b) is unable to agree with a supervisor whom the

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representative has informed under paragraph (1)(b) that there is
a need for a direction under that paragraph;
the representative or the supervisor may make a request to the
Designated Authority or to an investigator that an investigation
be conducted of the work that is the subject of the
disagreement.
(4) As soon as possible after a request is made, an
investigation must be conducted of the work that is the subject
of the disagreement, and the investigator conducting the
investigation must make such decisions, and exercise such
powers, under Part 4 as the investigator considers necessary in
relation to the work.
Directions to perform other work
27. If an employee has ceased to perform work, in accordance
with a direction by a health and safety representative under
paragraph 26(1)(b), not being a cessation of work that continues
after:
(a) the health and safety representative has agreed with a
person supervising work at the workplace where the work was
being performed, that the cessation of work was not, or is no
longer, necessary; or
(b) an investigator has, under subclause 26(4), made a
decision that has the effect that the employee should perform
the work;
the employer may direct the employee to perform suitable
alternative work, and the employee is to be taken, for all
purposes, to be required to perform that other work under the
terms and conditions of the employee's employment.

PART 4 - ADVICE AND INVESTIGATIONS
Division 1 - Advice
Designated Authority may refer persons seeking advice to experts
28. If the Designated Authority has been requested to advise
an employer, employee or contractor about an occupational health
and safety matter, it may, in the exercise of its function to
provide that advice, refer the employer, employee or contractor
to a person who has special knowledge or experience relevant to
the request.
Division 2 - Investigations
Investigators
29.(1) A person who, under section 125, holds an appointment
as an inspector in relation to an adjacent area has the powers,
functions and duties of an investigator under this Schedule.
(2) The Designated Authority may, in writing, give directions
specifying the manner in which, and any conditions subject to

which, powers conferred on investigators under this Schedule are
to be exercised. If it does so, the powers of investigators
must be exercised in accordance with those directions.
(3) The Designated Authority may, by notice in writing, impose
restrictions, not inconsistent with any direction in force under
subclause (2), on the powers that are conferred on a particular
investigator under this Schedule. If it does so, the powers of
the investigator are taken to have been restricted accordingly.
Investigations
30.(1) An investigator may, at any time, conduct an
investigation:
(a) to ascertain whether the requirements of, or any
requirements properly made under, this Schedule or the
regulations are being complied with; or
(b) concerning a contravention or possible contravention of
this Schedule or the regulations; or
(c) concerning an accident or dangerous occurrence that has
happened in the performing of work.
(2) The Designated Authority may direct an investigator to
conduct an investigation:
(a) to ascertain whether the requirements of, or any
requirements properly made under, this Schedule or the
regulations are being complied with; or
(b) concerning a contravention or possible contravention of
this Schedule or the regulations; or
(c) concerning an accident or dangerous occurrence that has
happened in the performing of work;
and the investigator must, unless the Authority revokes the
direction, conduct an investigation accordingly.
(3) An involved union may make a request to an investigator or
to the Designated Authority that an investigation be conducted
at a workplace at which an employee, who is a member of the
union, performs work for an employer.
Power of entry
31.(1) In conducting an investigation, an investigator may, to
the extent that it is reasonably necessary to do so in

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connection with the investigation, enter a workplace at any
reasonable time during the day or night and:
(a) search the workplace; or
(b) inspect, examine, take measurements of or conduct tests
concerning the workplace or any plant, substance or thing at the
workplace; or
(c) take photographs, or make sketches, of the workplace or
any plant, substance or thing at the workplace.
(2) Immediately upon entering the workplace, an investigator
must take reasonable steps to notify the purpose of the entry
to:
(a) the person who is for the time being in charge of
operations at the workplace; and
(b) if there is a health and safety representative for a
designated work group that includes an employee performing, at
the workplace, work to which the investigation may relate - that
representative;
and must, upon being requested to do so by the person referred
to in paragraph (a), produce for inspection by that person:
(c) the investigator's certificate issued under section 125;
and
(d) a copy of the Designated Authority's written direction (if
any) to conduct the investigation; and
(e) a copy of the restrictions (if any) imposed on the powers
of the investigator under subclause 29(3).
(3) If an investigator who has entered a workplace fails to
produce those documents for inspection upon being so requested,
the investigator cannot remain at the workplace.
Power to require assistance and information
32.(1) An investigator may, to the extent that it is
reasonably necessary to do so in connection with the conduct of
an investigation, require:
(a) any employer; or
(b) any person representing an employer; or
(c) any owner or occupier of a workplace at which the
investigation is being conducted; or
(d) any employee or contractor;
to give to the investigator reasonable assistance, to answer any
questions put by the investigator, and to produce any documents
requested by the investigator, reasonably connected with the
conduct of the investigation.
(2) A person must not, without reasonable excuse, fail to
comply with a requirement under this clause.
Penalty: Imprisonment for 6 months.
(3) A person must not, in purported compliance with a
requirement made under this clause, knowingly or recklessly give
information that is false or misleading in a material
particular.
Penalty: Imprisonment for 6 months.
Power to take possession of plant, take samples of substances
etc.
33.(1) In conducting an investigation, an investigator may, to
the extent that it is reasonably necessary for the purposes of
inspecting, examining, taking measurements of or conducting
tests concerning, any plant, substance or thing at a workplace
in connection with the investigation:
(a) take possession of the plant, substance or thing and
remove it from the workplace; or
(b) take a sample of the substance or thing and remove that
sample from the workplace.
(2) Upon taking possession of plant, a substance or a thing,
or taking a sample of a substance or thing, the investigator
must, by notice in writing, inform:
(a) the employer for which work is performed using the plant,
substance or thing; and
(b) if the plant, substance or thing is owned by a person
other than an employer - that person; and
(c) if there is a health and safety representative for a
designated work group that includes an employee performing, at
the workplace, work to which the investigation relates - that
representative;
of the taking of possession or the taking of the sample, as the
case may be, and the reasons for it.
(3) If the investigator gives the notice to an employer, the
employer must cause a copy of the notice to be displayed in a
prominent place at the workplace from which the plant, substance
or thing was removed.
(4) If the investigator takes possession of plant, a substance
or a thing at a workplace for the purpose of inspecting,
examining, taking measurements of or conducting tests

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concerning, the plant, substance or thing, the investigator
must:
(a) ensure that the inspection, examination, measuring or
testing is conducted as soon as practicable; and
(b) return it to the workplace as soon as practicable
afterwards.
(5) As soon as practicable after completing any such
inspection, examination, measurement or testing, the
investigator must give a written statement setting out the
results to each person whom the investigator is required to
notify under subclause (2).
Power to direct that workplace etc. not be disturbed
34.(1) In conducting an investigation, an investigator may, if
he or she is satisfied that it is reasonably necessary to give a
direction in order to:
(a) remove an immediate threat to the health or safety of any
person; or
(b) allow the inspection, examination or taking of
measurements of, or conducting of tests concerning, a workplace
or any plant, substance or thing at a workplace;
direct, by written notice given to the person who is for the
time being in charge of operations at the workplace, that the
person ensure that:
(c) a particular workplace, or a specified part of a
particular workplace; or
(d) particular plant, or a particular substance or thing;
not be disturbed for the period, specified in the direction,
that is, in the investigator's opinion, necessary in order to
remove the threat or to allow the inspection, examination,
measuring or testing to take place.
(2) The direction may be renewed by another direction in the
same terms.
(3) If an investigator gives a notice to a person under
subclause (1), that person must cause the notice to be displayed
in a prominent place at the workplace:
(a) that is, or a specified part of which is, to be left
undisturbed; or
(b) where the plant, substance or thing that is to be left
undisturbed is located.
(4) As soon as practicable after giving the direction, the
investigator must take reasonable steps to notify:
(a) if the workplace, plant, substance or thing to which the
direction relates is owned by a person other than an employer -
that person; and
(b) if there is a health and safety representative for a
designated work group that includes an employee performing work:
(i) at a workplace or a part of a workplace; or
(ii) involving the plant, substance or thing;
to which the direction relates - that representative;
of the direction and the reasons for giving it.
(5) An employer who has control over the workplace, plant,
substance or thing to which the direction relates, and whose
employees use the workplace, plant, substance or thing in the
performance of work for the employer, must ensure that the
direction is complied with.
Penalty: $25,000.
(6) The direction must include the reasons for the direction.
Power to issue prohibition notices
35.(1) If, having conducted an investigation, an investigator
forms the opinion that it is reasonably necessary to issue a
prohibition notice to an employer in order to remove an
immediate threat to the health or safety of any person, the
investigator may issue such a notice, in writing, to the
employer.
(2) The notice must be issued to the employer by giving it to
the person who is, or may reasonably be presumed to be, for the
time being in charge of the activity, undertaken by the
employer, in respect of which, in the investigator's opinion,
the threat to health or safety has arisen.
(3) The notice must:
(a) specify the activity in respect of which, in the
investigator's opinion, the threat to health or safety has
arisen, and set out the reasons for that opinion; and
(b) either:
(i) direct the employer to ensure that the activity is not
engaged in; or
(ii) direct the employer to ensure that the activity is not
engaged in in a specified manner, being a manner that may relate
to any one or more of the following:
(A) any workplace, or part of a workplace, at which the

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activity is not to be engaged in;
(B) any plant or substance that is not to be used in
connection with the activity;

(C) any procedure that is not to be followed in connection
with the activity.
(4) The employer must ensure that the notice is complied with
to the extent that it relates to any matter over which the
employer has control.
Penalty: $25,000.
(5) If an investigator is satisfied that action taken by an
employer to remove the threat to health and safety is not
adequate, the investigator must inform the employer accordingly.
(6) The notice ceases to have effect when an investigator
notifies the employer that the investigator is satisfied that
the employer has taken adequate action to remove the threat to
health or safety.
(7) In making a decision under subclause (5), an investigator
may exercise such of the powers of an investigator conducting an
investigation as the investigator considers necessary for the
purposes of making the decision.
(8) The notice may specify action that may be taken to satisfy
an investigator that adequate action has been taken to remove
the threat to health and safety.
(9) The employer must:
(a) give a copy of the notice to each health and safety
representative (if any) for a group of the employer's employees
performing work that is affected by the notice; and
(b) cause a copy of the notice to be displayed in a prominent
place at or near each workplace at which that work is being
performed.
(10) If the notice relates to any workplace, plant, substance
or thing that is owned by a person other than an employer, the
investigator must, upon issuing the notice, give a copy of the
notice to that person.
Power to issue improvement notices
36.(1) If, having conducted an investigation, an investigator
forms the opinion that a person:
(a) is contravening a provision of this Schedule or the
regulations; or
(b) has contravened a provision of this Schedule or the
regulations and is likely to contravene that provision again;
the investigator may issue an improvement notice, in writing, to
the person (in this clause called the "responsible person").
(2) If the responsible person is an employer but it is not
practicable to give the notice to the employer, the improvement
notice may be issued to the employer by giving it to the person
who is, or may reasonably be presumed to be, for the time being
in charge of the activity in connection with which, in the
investigator's opinion, the employer is contravening, or is
likely to contravene, this Schedule or the regulations and, if
the notice is so issued, a copy of the notice must be given to
the employer as soon as practicable afterwards.
(3) The notice must:
(a) specify the contravention that, in the investigator's
opinion, is occurring or is likely to occur, and set out the
reasons for that opinion; and
(b) specify a period, being a period that is, in the
investigator's opinion, reasonable, within which the responsible
person is to take the action necessary to prevent any further
contravention or to prevent the likely contravention, as the
case may be.
(4) The notice may specify action that the responsible person
is to take during the period specified in the notice.
(5) If, in the investigator's opinion, it is appropriate to do
so, the investigator may, in writing and before the end of the
period, extend the period specified in the notice.
(6) The responsible person must ensure that the notice is
complied with to the extent that it relates to any matter over
which the person has control.
Penalty: $10,000.
(7) If the notice is issued to an employer, the employer must:
(a) give a copy of the notice to each health and safety
representative for a designated work group of the employees
performing work that is affected by the notice; and
(b) cause a copy of the notice to be displayed in a prominent
place at or near each workplace at which that work is being
performed.
(8) Upon issuing the notice, the investigator must give a copy
of the notice to:
(a) if the notice is issued to an employee in connection with

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work performed by the employee - the employer; and
(b) if the notice relates to any workplace, plant, substance
or thing that is owned by a person, not being the responsible
person or a person who is an employer referred to in paragraph
(a) - that owner; and
(c) where the notice is issued to a person (not being an
employer) who owns any workplace, plant, substance or thing
because of which a contravention of this Schedule or the
regulations has occurred or is likely to occur - the employer of
the employees who work in that workplace or who use that plant,
substance or thing.
Appeals
37.(1) If an investigator, in conducting an investigation or
having conducted an investigation:
(a) decides, under clause 17, to confirm or vary a provisional
improvement notice; or
(b) decides, under clause 33, to take possession of plant, a
substance or a thing at a workplace; or
(c) decides, under clause 34, to direct that a workplace, a
part of a workplace, plant, a substance or a thing not be
disturbed; or
(d) decides, under clause 35, to issue a prohibition notice;
or
(e) decides, under clause 35, that an employer to whom a
prohibition notice has been issued has not taken adequate action
to remove the threat to health and safety that caused the notice
to be issued; or
(f) decides, under clause 36, to issue an improvement notice;
an appeal against the decision may be made, by notice in
writing, to the reviewing authority by:
(g) an employer affected by the decision; or
(h) a person to whom a notice has been issued under subclause
17(2) or 36(1); or
(j) the health and safety representative for a designated work
group that includes an employee affected by the decision; or
(k) an involved union in relation to such a designated work
group; or
(m) if there is no such designated work group - an involved
union in relation to an employee who is affected by the
decision; or
(n) a person who owns any workplace, plant, substance or thing
to which the decision referred to in paragraph (a), (b), (c) or
(f) relates.
(2) If an investigator, having conducted an investigation:
(a) decides under clause 17 to cancel a provisional
improvement notice; or
(b) decides under clause 35 that an employer to whom a
prohibition notice has been issued has taken adequate action to
remove the threat to health and safety that caused the notice to
be issued;
an appeal against a decision may be made, by notice in writing,
to the reviewing authority by:
(c) the health and safety representative for a designated work
group that includes an employee affected by the decision; or
(d) an involved union in relation to such a designated work
group; or
(e) if there is no such designated work group - an involved
union in relation to an employee who is affected by the
decision.
(3) Subject to this clause, the making of an appeal against a
decision referred to in subclause (1) or (2) does not affect the
operation of the decision or prevent the taking of action to
implement the decision, except to the extent that the reviewing
authority makes an order to the contrary.
(4) If the decision appealed against is a decision, under
clause 36, to issue an improvement notice, the operation of the
decision is suspended pending determination of the appeal,
except to the extent that the reviewing authority makes an order
to the contrary.
(5) If the decision appealed against is a decision of an
investigator, under clause 17, to confirm or vary a provisional
improvement notice whose operation has been suspended pending
the investigation of the matter to which the notice relates, the
operation of the notice is further suspended pending
determination of the appeal, except to the extent that the
reviewing authority makes an order to the contrary.
(6) The reviewing authority may affirm or revoke the decision
appealed against under subclause (1) or (2) and may, if it
revokes the decision, substitute such other decision of the kind
appealed against as it thinks appropriate.

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(7) If the decision is varied, revoked, or revoked with the
substitution of another decision, the decision is taken to have
effect, and always to have had effect, accordingly.
(8) If the decision appealed against is a decision, under
clause 33, to take possession of plant, substance or a thing at
a workplace, and the decision is not affirmed, the investigator
who made the decision must ensure that, to the extent that the
decision is not affirmed, the plant, substance or thing is
returned to the workplace as soon as practicable.
Liability of investigators
38. An investigator is not subject to any civil liability in
respect of any act done, in good faith, in connection with:
(a) the conduct of an investigation by the investigator; or
(b) the exercise of any of his or her powers under this Part
in relation to the investigation.
Notices not to be tampered with or removed
39. A person must not, without reasonable excuse:
(a) tamper with any notice that has been displayed under
subclause 33(3), 34(3), 35(9) or 36(7) while that notice is so
displayed; or
(b) remove any notice that has been so displayed:
(i) in the case of a notice displayed under subclause 33(3)
- until the plant or thing to which the notice relates is
returned to the workplace from which it was removed; or
(ii) in the case of a notice displayed under subclause
34(3), 35(9) or 36(7) - before the notice has ceased to have
effect.
Penalty: Imprisonment for 6 months.

Division 3 - Reports on investigations
Reports on investigations
40.(1) If an investigator has conducted an investigation, the
investigator must, as soon as practicable, prepare a written
report relating to the investigation and give the report to the
Designated Authority.
(2) The report must include:
(a) the investigator's conclusions from conducting the
investigation and the reasons for those conclusions; and
(b) any recommendations that the investigator wishes to make
arising from the investigation of those conclusions; and
(c) such other matters, if any, as are prescribed.
(3) As soon as practicable after receiving the report, the

Designated Authority must give the employer a copy of the
report, together with any written comments that it wishes to
make.
(4) The Designated Authority may, in writing, request the
employer to provide to the Authority, within a reasonable period
specified in the request, particulars of:
(a) any action proposed to be taken as a result of the
conclusions or recommendations contained in the report; and
(b) if a notice has been issued under clause 35 or 36 in
relation to work being performed for the employer - any action
taken, or proposed to be taken, in respect of that notice;
and the employer must comply with the request.
(5) As soon as practicable after receiving a report, the
employer must give a copy of the report, together with any
written comment made by the Designated Authority on the report:
(a) if there is at least one health and safety committee in
respect of some or all of the employees concerned - to each such
committee; and
(b) if there is no such committee in respect of some or all of
the employees concerned but some or all of those employees (in
respect of which there is no such committee) are in at least one
designated work group for which there is a health and safety
representative - to each such health and safety representative.
PART 5 - MISCELLANEOUS
Notifying and reporting accidents and dangerous occurrences
41.(1) If, at or near a workplace at which an undertaking is
being conducted by an employer, there is, arising out of the
conduct of the undertaking:
(a) an accident that causes the death of, or serious personal
injury to, any person; or
(b) an accident that causes an employee who performs work in
connection with the undertaking to be incapacitated from
performing work for a period prescribed for the purposes of this
paragraph; or
(c) a dangerous occurrence;
the employer must, in accordance with the regulations, give to
the Designated Authority notice of, and a report about, the
accident or dangerous occurrence.
(2) Without limiting the provision that may be made by

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regulations for the purposes of this clause, the regulations
(not being regulations made for the purpose of paragraph (1)(b))
may prescribe:
(a) the time within which, and the manner in which, notice of
an accident or dangerous occurrence is to be given, and the form
of such a notice; and
(b) the time within which, and the manner in which, a report
of an accident or dangerous occurrence is to be given, and the
form of such a report.
Records of accidents and dangerous occurrences to be kept
42.(1) An employer must maintain, in accordance with the
regulations, a record of each accident or dangerous occurrence
in respect of which the employer is required by clause 41 to
notify the Designated Authority.
(2) Without limiting the provision that may be made by
regulations for the purposes of this clause, the regulations may
prescribe:
(a) the nature of the contents of a record maintained under
this clause; and
(b) the period for which such a record must be retained.
Codes of practice
43.(1) The regulations may prescribe codes of practice for the
purpose of providing practical guidance to employers.
(2) A person is not liable to any civil or criminal
proceedings for contravening a code of practice.
Use of codes of practice in proceedings
44. If, in any proceedings for an offence against this
Schedule or the regulations, it is alleged that a person
contravened a provision of this Schedule or the regulations in
relation to which a code of practice was in effect at the time
of the alleged contravention:
(a) the code of practice is admissible in evidence in those
proceedings; and
(b) if the court is satisfied, in relation to any matter which
it is necessary for the prosecution to prove in order to
establish the alleged contravention, that:
(i) any provision of the code of practice is relevant to
that matter; and
(ii) the person failed at any material time to comply with
that provision of the code of practice;
that matter is treated as proved unless the court is satisfied
that in respect of that matter the person complied with that
provision of this Schedule or the regulations otherwise than by
complying with the code of practice.
Interference etc. with equipment etc.
45. A person must not, without reasonable excuse, wilfully or
recklessly:
(a) interfere with or render ineffective; or
(b) require or otherwise cause another person to interfere
with or render ineffective;
any protective equipment or safety device provided for the
health, safety or welfare of employees or contractors at work
which the person knew or ought reasonably to have known was
protective equipment or a safety device.
Penalty: Imprisonment for 6 months.
Employer not to levy employees etc.
46. An employer must not levy, or permit to be levied, on any
employees any charge in respect of anything done or provided, in
accordance with this Schedule or the regulations, in order to
ensure the health, safety or welfare of the employees at work.
Penalty: $25,000.
Annual occupational health and safety report
47.(1) As soon as practicable after each 30 June, the
Designated Authority must cause to be prepared a report on the
operation of this Schedule and the regulations during the year
ending on that date.
(2) The report must include, in relation to the year:
(a) statistics, with appropriate details, of all accidents and
dangerous occurrences notified to the Designated Authority under
clause 41; and
(b) details of all prosecutions instituted under this Schedule
and the regulations; and
(c) statistics, with appropriate details, of all:
(i) investigations conducted; and
(ii) instances of the taking of possession of plant,
substances or things, or of the taking of samples of substances
or things, under clause 33; and
(iii) directions given under clause 34; and
(iv) notices issued under clauses 35 and 36; and
(v) appeals instituted under clause 37 against

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investigators' decisions; and
(vi) requests made under subclause 40(4); and
(d) such other matters as are prescribed.
(3) The Designated Authority must cause a copy of the report
to be transmitted to the Joint Authority.
(4) If this clause commences within 3 months before 30 June,
the first report may be prepared after the second 30 June
following that commencement. In that event it must cover the
whole period from that commencement to that second 30 June.
Employer not to dismiss etc. employees on certain grounds
48.(1) An employer must not:
(a) dismiss an employee; or
(b) injure an employee in his or her employment; or
(c) prejudicially alter the employee's position (whether by
deducting or withholding remuneration or by any other means); or
(d) threaten to do any of those things;
because the employee:
(e) has complained or proposes to complain about a matter
concerning the health, safety or welfare of employees at work;
or
(f) has assisted or proposes to assist, by giving information
or otherwise, the conduct of an investigation; or
(g) has ceased, or proposes to cease, to perform work, in
accordance with a direction by a health and safety
representative under paragraph 26(1)(b), not being a cessation
or proposed cessation that continues after:
(i) the health and safety representative has agreed with a
person supervising the work that the cessation or proposed
cessation was not, or is no longer, necessary; or
(ii) an investigator has, under subclause 26(4), made a
decision that has the effect that the employee should perform
the work.
Penalty: $25,000.
(2) In proceedings for an offence against subclause (1), if
all the relevant facts and circumstances, other than the reason
for an action alleged in the charge, are proved, it lies upon
the defendant to establish that the action was not taken for
that reason.
Institution of prosecutions
49.(1) Proceedings for an offence against this Schedule or the
regulations may be instituted by the Designated Authority or by
an investigator.
(2) If proceedings for an offence against this Schedule or the
regulations have not been instituted within 6 months after the
occurrence of an act or omission which, in the opinion of a
health and safety representative for a designated work group or
an involved union in relation to such a designated work group,
constitutes an offence against this Schedule or the regulations,
that health and safety representative or that involved union
may, in writing, request the Designated Authority to institute
such proceedings.
(3) The Authority must, within 3 months after receiving the
request, advise the health and safety representative or the
involved union, as the case may be, whether proceedings under
subclause (1) have been or will be instituted, and, if not, give
reasons why not.
Conduct of directors, servants and agents
50.(1) If it is necessary to establish the state of mind of a
body corporate in relation to particular conduct, it is
sufficient to show:
(a) that the conduct was engaged in by a director, servant or
agent of the body corporate within the scope of actual or
apparent authority; and
(b) that the director, servant or agent had the state of mind.
(2) Any conduct engaged in on behalf of a body corporate by a
director, servant or agent of the body corporate within the
scope of actual or apparent authority is taken to have been
engaged in also by the body corporate unless it establishes that
it took reasonable precautions and exercised due diligence to
avoid the conduct.
(3) If it is necessary to establish the state of mind of an
individual in relation to particular conduct, it is sufficient
to show:
(a) that the conduct was engaged in by a servant or agent of
the individual within the scope of actual or apparent authority;
and
(b) that the servant or agent had the state of mind.
(4) Any conduct engaged in on behalf of an individual by a
servant or agent of the individual within the scope of actual or
apparent authority is taken to have been engaged in also by the

individual unless the individual establishes that he or she took
reasonable precautions and exercised due diligence to avoid the
conduct.
(5) If:
(a) an individual is convicted of an offence; and
(b) he or she would not have been convicted of the offence if
subclauses (3) and (4) had not been enacted;
he or she is not liable to be punished by imprisonment for that
offence.
(6) A reference in subclause (1) or (3) to the state of mind
of a person includes a reference to:
(a) the person's knowledge, intention, opinion, belief or
purpose; and
(b) the person's reasons for the intention, opinion, belief or
purpose.
(7) This clause has effect for the purposes of any proceeding
for an offence against this Schedule or the regulations.
Act not to give rise to other liabilities etc.
51. This Schedule does not:
(a) confer a right of action in any civil proceeding in
respect of any contravention of a provision of this Schedule or
the regulations; or
(b) confer a defence to an action in any civil proceeding or
otherwise affect a right of action in any civil proceeding.
Circumstances preventing compliance with Schedule may be defence
to prosecution
52. It is a defence to a prosecution for refusing or failing
to do anything required by this Act or the regulations if the
defendant proves that it was not practicable to do it because of
an emergency prevailing at the relevant time.
Regulations - general
53.(1) Without limiting the generality of the power to make
regulations for the purposes of this Schedule, the regulations
may prescribe:
(a) procedures for the election of persons, under clause 13,
as health and safety representatives; and
(b) procedures for the selection of persons, under clause 23,
as members of health and safety committees, to represent the
interests of employees; and
(c) procedures to be followed at meetings of health and safety
committees; and
(d) the manner in which notices are to be served under this
Schedule or the regulations; and
(e) forms for the purposes of this Schedule or the
regulations.
(2) If the Governor-General is satisfied that:
(a) a power, function or duty is conferred or imposed on a
person under a law of the Commonwealth or of a State or
Territory; and
(b) the proper exercise of the power or performance of the
function or duty is or would be prevented by this Schedule or a
provision of this Schedule;
regulations made for the purposes of this subclause may declare
that this Schedule, or the provision, as the case may be, does
not apply to that person, or does not apply to that person in
the circumstances specified in the regulations.
(3) Regulations made for the purposes of subclause (2) do not
remain in force for longer than 5 years after they commence, but
this subclause does not prevent the making of further
regulations of the same substance.
(4) In subclause (2), "this Schedule" includes regulations
made for the purposes of this Schedule.