Occupational Health and Safety (Safety Standards) Amendment Regulations 2011 (No. 1)1
Select Legislative Instrument 2011 No. 25
I, QUENTIN BRYCE, 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 Act 1991.
Dated 10 March 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS EVANS
Minister for Tertiary Education, Skills, Jobs and Workplace Relations
1 Name of Regulations
These Regulations are the Occupational Health and Safety (Safety Standards) Amendment Regulations 2011 (No. 1).
2 Commencement
These Regulations commence on the day after they are registered.
3 Amendment of Occupational Health and Safety (Safety Standards) Regulations 1994
Schedule 1 amends the Occupational Health and Safety (Safety Standards) Regulations 1994.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 4.18, note
omit
[2] Subregulation 4.22A (5)
substitute
(5) In this regulation:
AS 1636 means the standard comprising:
(a) AS 1636.1-1996 ‘Tractors — Roll-over protective structures — Criteria and tests — Part 1: Conventional tractors’; and
(b) AS 1636.2-1996 ‘Tractors — Roll-over protective structures — Criteria and tests — Part 2: Rear‑mounted for narrow‑track tractors’; and
(c) AS 1636.3-1996 ‘Tractors — Roll-over protective structures — Criteria and tests — Part 3: Mid‑mounted for narrow‑track tractors’.
AS 2294 means the standard AS 2294.1-1997 ‘Earth‑moving machinery — Protective structures — Part 1: General’.
[3] Paragraph 6.02 (2) (a)
omit
Environment Protection (Nuclear Codes) Act 1978;
insert
Atomic Energy Act 1953;
[4] Regulation 6.03, definition of hazardous substance, paragraph (a), including the note
substitute
(a) that is mentioned in the Hazardous Substances Information System, as in force on 23 November 2010; or
Note The Hazardous Substances Information System is available through http://www.safeworkaustralia.gov.au.
[5] Regulation 6.03, definition of substance name, paragraph (b)
omit
National Health and Medical Research Council
insert
National Drugs and Poisons Schedule Committee
[6] Paragraph 6.04 (1) (a), including the note
substitute
(a) whether the substance is a substance mentioned in the Hazardous Substances Information System, as in force on 23 November 2010; and
Note The Hazardous Substances Information System is available through http://www.safeworkaustralia.gov.au.
[7] Paragraph 6.04 (1) (b)
omit
included in that List
insert
mentioned in the Hazardous Substances Information System
[8] Subregulation 6.04 (1A)
substitute
(1A) Strict liability applies to the physical element in paragraph (1) (a) that the substance is mentioned in the Hazardous Substances Information System, as in force on 23 November 2010.
[9] Subparagraph 8.02A (3) (d) (i)
substitute
(i) the AE Code; or
[10] Subregulation 8.04 (1), definition of Class label
omit
Chapter 7
insert
Chapter 5.2
[11] Subregulation 8.04 (1), definition of Competent Authority
substitute
Competent Authority means:
(a) for New South Wales — a Competent Authority within the meaning of subsection 16 (1) of the Dangerous Goods (Road and Rail Transport) Act 2008 (NSW) as in force on 1 January 2011; or
(b) for Victoria:
(i) the Authority within the meaning of subsection 3 (1) of the Dangerous Goods Act 1985 (Vic) as in force on 1 January 2011; or
(ii) the Governor in Council of Victoria mentioned in section 9B of the Dangerous Goods Act 1985 (Vic) as in force on 1 January 2011; or
(c) for Queensland — the chief executive mentioned in section 152 of the Transport Operations (Road Use Management) Act 1995 (Qld) as in force on 1 January 2011; or
(d) for Western Australia — the Chief Officer within the meaning of subsection 3 (1) of the Dangerous Goods Safety Act 2004 (WA) as in force on 1 January 2011; or
(e) for South Australia — a Competent Authority within the meaning of subsection 2 (1) of the Dangerous Substances Act 1979 (SA) as in force on 1 January 2011; or
(f) for Tasmania — a Competent Authority within the meaning of subsection 4 (1) of the Dangerous Goods (Road and Rail Transport) Act 2010 (Tas) as in force on 1 January 2011; or
(g) for the Australian Capital Territory — a competent authority within the meaning of the Dictionary to the Dangerous Goods (Road Transport) Act 2009 (ACT) as in force on 1 January 2011; or
(h) for the Northern Territory — a Competent Authority within the meaning of section 6 of the Dangerous Goods (Road and Rail Transport) Act (NT) as in force on 1 January 2011.
[12] Subregulation 8.04 (1), definition of explosive
substitute
explosive means a substance or mixture of substances that:
(a) meet the criteria for Class 1 dangerous goods in Part 2 of the ADG Code; or
(b) are listed in Appendix 1 to the AE Code.
[13] Subregulation 8.04 (1), definition of goods too dangerous to be transported, paragraph (a)
omit
Appendix 5
insert
Appendix A
[14] Subregulation 8.04 (1), definition of Hazchem code, including the note
substitute
Hazchem code has the meaning given by clause 1.2.1.1 of the ADG Code.
Note In 2011, Hazchem code was defined in clause 1.2.1.1 of the ADG Code, in relation to dangerous goods in placardable units, tanks or bulk containers, as the Hazchem code prescribed for those goods in Appendix C to the Code.
[15] Subregulation 8.04 (1), definitions of product name and proper shipping name, including the note
substitute
product name, in relation to dangerous goods, means the brand name, trade name, code name or code number given to the dangerous goods by the supplier of the dangerous goods.
proper shipping name has the same meaning as in section 2.0.2 of the ADG Code.
[16] Subregulation 8.04 (1), definition of relevant Competent Authority
substitute
relevant Competent Authority, for an employer, means a Competent Authority in the State or Territory in which the employer operates.
[17] Subregulation 8.04 (1), definition of Subsidiary Risk label
omit
Chapter 7
insert
Part 5
[18] Subregulation 8.04 (1), definition of UN number, paragraph (a)
omit
Appendix 1 to
insert
the Dangerous Goods List in section 3.2.3 of
[19] Paragraph 8.04 (3) (a)
omit
Appendix 2 to
insert
the Dangerous Goods List in section 3.2.3 of
[20] Paragraph 8.04 (3) (b)
omit
Chapter 2
insert
Part 2
[21] Subregulation 8.04 (3), note
omit
[22] Paragraphs 8.04 (7) (a) and (c)
omit
Appendix 2 to
insert
the Dangerous Goods List in section 3.2.3 of
[23] Paragraphs 8.04 (8) (a) and (c)
omit
in Appendix 2 to
insert
of the Dangerous Goods List in section 3.2.3 of
[24] Subregulation 8.04 (8), note
omit
Part 10
insert
Part 20
[25] Regulation 8.05, note
omit
Chapter 2
insert
Part 2
[26] Regulation 8.07
omit
[27] Paragraph 8.09 (2) (a)
omit
Chapter 2
insert
Part 2
[28] Paragraph 8.09 (6) (a)
omit
Appendix 2
insert
section 3.2.3
[29] Paragraph 8.09 (6) (b)
omit
Chapter 2
insert
Part 2
[30] Subregulation 8.11 (1), note
omit
Chapter 3 of the ADG Code deals
insert
Parts 4 and 5 of the ADG Code deal
[31] Paragraph 8.11 (5) (a)
omit
cylinder, disposable container or aerosol container;
insert
cylinder or container;
[32] Subregulation 8.11 (5), note
omit
[33] Subregulation 8.39 (4), note
omit
Chapter 11
insert
Part 11
[34] Subparagraph 8.44A (2) (b) (iii)
omit
subclass
insert
Division
[35] Subregulation 8.44A (3)
substitute
(3) For subparagraph (2) (b) (iii):
Division has the meaning given by section 1.2 of the AE Code.
[36] Subregulation 8.45 (2), note
omit
Chapter 7
insert
Part 5
[37] Subregulation 8.48 (2), note
omit
Chapter 7
insert
Part 5
[38] Paragraph 8.54 (1) (a)
omit
25, 26 or 27
insert
24, 25 or 26
[39] Subregulation 8.59 (2), note
omit
Chapter 7
insert
Part 5
[40] Subregulation 20.01 (1), definition of ADG Code, including the note
substitute
ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, published by the National Transport Commission in 2007.
Note Further information about the ADG Code is available at http://www.ntc.gov.au.
AE Code means the Australian Code for the Transport of Explosives by Road and Rail, 3rd edition, endorsed by the Workplace Relations Ministers’ Council in April 2009.
[41] Schedule 5, after item 3
insert
3A | AS 1636 |
|
| AS 1636.1-1996 | ‘Tractors — Roll-over protective structures — Criteria and tests — Part 1: Conventional tractors’ |
| AS 1636.2-1996 | ‘Tractors — Roll-over protective structures — Criteria and tests — Part 2: Rear‑mounted for narrow‑track tractors’ |
| AS 1636.3-1996 | ‘Tractors — Roll-over protective structures — Criteria and tests — Part 3: Mid‑mounted for narrow‑track tractors’ |
[42] Schedule 5, after item 4
insert
4A | AS 2294.1-1997 | ‘Earth‑moving machinery — Protective structures — Part 1: General’ |
[43] Schedule 8, paragraph 1 (4) (a)
omit
Chapter 7
insert
Part 5
[44] Schedule 8, paragraph 1 (5) (a)
omit
Chapter 7
insert
Part 5
[45] Schedule 8, paragraph 3 (1) (b)
omit
Chapter 7
insert
Part 5
[46] Schedule 9, Part 2, items 60 and 62, column 2
omit
Appendix 5
insert
Appendix A
[47] Schedule 9A, clause 212
omit
subregulation 9.429.43 (2)
insert
subregulation 9.46 (2)
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.