Federal Register of Legislation - Australian Government

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SR 1996 No. 288 Regulations as made
These Regulations amend the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations.
Administered by: DEWR
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR04-Feb-1997
Tabled Senate05-Feb-1997
Gazetted 18 Dec 1996
Date of repeal 01 Jan 2012
Repealed by Other
Repealing Comments Enabling legislation repealed by Work Health and Safety (Transitional and Consequential Provisions) Act 2011 (Act No. 146 of 2011)

Statutory Rules 1996   No. 2881

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Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Dated 11 December 1996.

 

                                                                                 WILLIAM DEANE

                                                                                   Governor-General

By His Excellency’s Command,

 

 

PETER REITH

Minister for Industrial Relations

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1.   Amendment

1.1   The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 4.40 (Licence to operate certain plant)

2.1   Subregulation 4.40 (1):

Omit “operate the plant.”, substitute “operate the plant, or the employer has been exempted under paragraph 4.40A (4) (a).”.

3.   New regulations 4.40A, 4.40B and 4.40C

3.1   After regulation 4.40, insert:

Exemption from licensing

4.40A.     (1)    Regulation 4.40 does not apply to an employer if the Commission exempts the employer from the application of the regulation.

  “(2)          The Commission may only exempt an employer in accordance with this regulation and regulations 4.40B and 4.40C.

  “(3)          An employer that wants an exemption must:

                  (a)      apply to the Commission in writing, using the application form (if any) approved by the Commission; and

                  (b)      include with the application evidence that:

                              (i)     the employer is required, by a law of a State or Territory, to be licensed to operate the plant; and

                             (ii)     the employer holds the appropriate licence under the law.


  (4)          On receipt of an application, the Commission may, in writing:

                  (a)      give the employer the exemption; or

                  (b)      refuse to give the exemption; or

                  (c)      ask the employer to give it, through the relevant employing authority, further information relating to the application.

  “(5)          Before giving an employer an exemption, the Commission must be satisfied that:

                  (a)      the employer is required, by a law of a State or Territory, to be licensed to operate the plant; and

                  (b)      the law imposes requirements that are substantially the same as those in this Part; and

                  (c)      the employer holds the appropriate licence under the law; and

                  (d)      there are no circumstances suggesting that granting the exemption would be inconsistent with the objects of this Part.

  “(6)          If the Commission refuses to give an exemption, it must give the employer a written notice setting out the reasons for the refusal.

Conditions of an exemption

4.40B.     (1)    An exemption given under paragraph 4.40A (4) (a) is subject to the conditions (if any) that the Commission states in the exemption.

  “(2)          The Commission may only impose conditions to promote the objects of this Part.

  “(3)          The Commission may:

                  (a)      add a condition to an exemption, or vary a condition, to promote the objects of this Part; or

                  (b)      revoke a condition.

  “(4)          If the Commission adds, varies or revokes a condition, it must give the employer that holds the exemption a written notice setting out:

                  (a)      the terms of the decision; and

                  (b)      the time when it commences.

Operation of an exemption

4.40C.     (1)    An exemption given under paragraph 4.40A (4) (a) commences on:

                  (a)      the day on which it is granted; or

                  (b)      a later date stated in the exemption.

  “(2)          The Commission must cancel an exemption if:

                  (a)      it is satisfied that the employer is no longer required, by a law of a State or Territory, to be licensed to operate the plant; or

                  (b)      it is satisfied that the law no longer imposes requirements that are substantially the same as those in this Part; or

                  (c)      it is satisfied that the employer no longer holds the appropriate licence under the law; or

                  (d)      it is satisfied that continuing the exemption would be inconsistent with the objects of this Part; or

                  (e)      the employer that holds the exemption asks the Commission to cancel it.

  “(3)          The Commission is not required to consult the employer that holds an exemption before cancelling it.

  “(4)          If the Commission cancels an exemption under paragraph (2) (a), (b), (c) or (d), it must give the employer a written notice setting out:

                  (a)      the reasons for cancelling it; and

                  (b)      the time from which it is cancelled.

  “(5)          An exemption ceases on the earlier of:

                  (a)      the end of the day (if any) stated in the exemption as the day when it ceases; and

                  (b)      the time (if any) when it is cancelled.”.

4.   Regulation 4.43 (Grant and renewal of a licence)

4.1   Subregulation 4.43 (2):

Omit “subregulation 4.42 (1)”, substitute “regulation 4.42”.

5.   Regulation 4.63 (Review of decisions)

5.1   Paragraph 4.63 (a):

Omit the paragraph, substitute:

                “(a)      a decision under paragraph 4.43 (1) (b) to refuse to grant a licence;

                (aa)      a decision under paragraph 4.43 (2) (b) to refuse to renew a licence;”.

5.2   Add at the end of the regulation:

              “;  (f)      a decision under paragraph 4.40A (4) (a) not to give an exemption to an employer;

                  (g)      a decision under paragraph 4.40C (2) (a), (b), (c) or (d) to cancel an exemption.”.

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NOTES

1.   Notified in the Commonwealth of Australia Gazette on 18 December 1996.

2.   Statutory Rules 1994 No. 414 as amended by 1995 Nos. 53, 98 and 337; 1996 No. 129.