Work Health and Safety Regulations 2011

Negotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that:

most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented; and

has regard to the need for a health and safety representative for the work group to be readily accessible to each worker in the work group.

Note: Under the Act, a work group may be determined for workers at more than one workplace (subsection 51(3)) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at one or more workplaces (Subdivision 3 of Division 3 of Part 5 of the Act).

For the purposes of subsections 52(6) and 56(4) of the Act, negotiations for and determination of work groups and variation of agreements concerning work groups must take into account all relevant matters including the following:

the number of workers;

the views of workers in relation to the determination and variation of work groups;

the nature of each type of work carried out by the workers;

the number and grouping of workers who carry out the same or similar types of work;

the areas or places where each type of work is carried out;

the extent to which any worker must move from place to place while at work;

the diversity of workers and their work;

the nature of any hazards at the workplace or workplaces;

the nature of any risks to health and safety at the workplace or workplaces;

the nature of the engagement of each worker, for example as an employee or as a contractor;

the pattern of work carried out by workers, for example whether the work is full-time, part-time, casual or short-term;

the times at which work is carried out;

any arrangements at the workplace or workplaces relating to overtime or shift work.

This regulation sets out minimum procedural requirements for the election of a health and safety representative for a work group for the purposes of subsection 61(2) of the Act.

The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with:

each person conducting a business or undertaking in which a worker in the work group works is informed of the date on which the election is to be held as soon as practicable after the date is determined;

all workers in the work group are given an opportunity to:

nominate for the position of health and safety representative; and

vote in the election;

all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election.

A person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

For paragraph 64(2)(d) of the Act, the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group.

A member of the work group nominated by the members who signed the declaration must, as soon as practicable:

inform the following persons of the removal of the health and safety representative:

the health and safety representative who has been removed;

each person conducting a business or undertaking in which a worker in the work group works; and

take all reasonable steps to inform all members of the work group of the removal.

The removal of the health and safety representative takes effect when the persons referred to in paragraph (2)(a) and the majority of members of the work group have been informed of the removal.

For subsection 72(1) of the Act, the table sets out courses of training in work health and safety which a health and safety representative is entitled to attend.

For subregulation (1), the regulator must approve a course of training in work health and safety as a bridging course.

Note: A bridging course is intended to be an alternative to a full initial course of training in work health and safety, and is suitable for certain health and safety representatives who have previously received training in work health and safety under the OHS Act.

In approving a course of training in work health and safety for subsection 72(1) of the Act, the regulator may have regard to any relevant matters including:

the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative; and

the qualifications, knowledge and experience of the person who is to provide the course.

Note 1: This regulation prescribes courses of training to which a health and safety representative is entitled. In addition to these courses, the health and safety representative and the person conducting the business or undertaking may agree that the representative will attend or receive further training.

Note 2: Under section 33 of the Acts Interpretation Act 1901, the power to approve a course of training includes a power to revoke or vary the approval.

This regulation applies for section 19 of the Act to a person conducting a business or undertaking.

The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to:

the nature of the work carried out by the worker; and

the nature of the risks associated with the work at the time the information, training or instruction is provided; and

the control measures implemented.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must ensure, so far as is reasonably practicable, that the information, training and instruction provided under this regulation is provided in a way that is readily understandable by any person to whom it is provided.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following:

the layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency;

work areas have space for work to be carried out without risk to health and safety;

floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety;

lighting enables:

each worker to carry out work without risk to health and safety; and

persons to move within the workplace without risk to health and safety; and

safe evacuation in an emergency;

ventilation enables workers to carry out work without risk to health and safety;

workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety;

work in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subregulation (1) are maintained so as to be:

in good working order; and

clean, safe and accessible.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

For the purposes of this regulation, a person conducting a business or undertaking must have regard to all relevant matters, including the following:

the nature of the work being carried out at the workplace;

the nature of the hazards at the workplace;

the size, location and nature of the workplace;

the number and composition of the workers at the workplace.

A person conducting a business or undertaking at a workplace must ensure:

the provision of first aid equipment for the workplace; and

that each worker at the workplace has access to the equipment; and

access to facilities for the administration of first aid.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must ensure that:

an adequate number of workers are trained to administer first aid at the workplace; or

workers have access to an adequate number of other persons who have been trained to administer first aid.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

For the purposes of this regulation, the person conducting the business or undertaking must have regard to all relevant matters, including the following:

the nature of the work being carried out at the workplace;

the nature of the hazards at the workplace;

the size and location of the workplace;

the number and composition of the workers and other persons at the workplace.

A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following:

emergency procedures, including:

an effective response to an emergency; and

evacuation procedures; and

notifying emergency service organisations at the earliest opportunity; and

medical treatment and assistance; and

effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace;

testing of the emergency procedures, including the frequency of testing;

information, training and instruction to relevant workers in relation to implementing the emergency procedures.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

For subregulations (1) and (2), the person conducting the business or undertaking must have regard to all relevant matters, including the following:

the nature of the work being carried out at the workplace;

the nature of the hazards at the workplace;

the size and location of the workplace;

the number and composition of the workers and other persons at the workplace.

A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This regulation applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace in accordance with regulation 36.

The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.

Example: Equipment that has been provided by a labour hire company.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subregulation (2) is:

selected to minimise risk to health and safety, including by ensuring that the equipment is:

suitable having regard to the nature of the work and any hazard associated with the work; and

a suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and

maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is:

clean and hygienic; and

in good working order; and

used or worn by the worker, so far as is reasonably practicable.

The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the:

proper use and wearing of personal protective equipment; and

the storage and maintenance of personal protective equipment.

Note 1: A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment (see section 273 of the Act).

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person conducting a business or undertaking who directs the carrying out of work must ensure, so far as is reasonably practicable, that:

personal protective equipment to be used or worn by any person other than a worker at the workplace is capable of minimising risk to the person’s health and safety; and

the person uses or wears the equipment.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This regulation applies if a person conducting a business or undertaking provides a worker with personal protective equipment.

The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The worker must not intentionally misuse or damage the equipment.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person other than a worker must wear personal protective equipment at a workplace in accordance with any information, training or reasonable instruction provided by the person conducting the business or undertaking at the workplace.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work, in accordance with Part 3.1.

Note: WHS Act—section 19 (see regulation 9).

In minimising risks to the health and safety of a worker associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

In this regulation:

assistance includes rescue, medical assistance and the attendance of emergency service workers.

remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.

A person conducting a business or undertaking at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the workplace to which an exposure standard applies if:

the person is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the workplace exceeds the relevant exposure standard; or

monitoring is necessary to determine whether there is a risk to health.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subregulation (1) are recorded, and kept for 30 years after the date the record is made.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subregulation (1) are readily accessible to persons at the workplace who may be exposed to the substance or mixture.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with a hazardous atmosphere at the workplace, in accordance with Part 3.1.

Note: WHS Act—section 19 (see regulation 9).

(2) An atmosphere is a hazardous atmosphere if:

the atmosphere does not have a safe oxygen level; or

the concentration of oxygen in the atmosphere increases the fire risk; or

the concentration of flammable gas, vapour, mist or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes; or

combustible dust is present in a quantity and form that would result in a hazardous area.

A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an ignition source in a hazardous atmosphere at the workplace, in accordance with Part 3.1.

Note: WHS Act—section 19 (see regulation 9).

This regulation does not apply if the ignition source is part of a deliberate process or activity at the workplace.

A person conducting a business or undertaking at a workplace must ensure that, if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

In this regulation, flammable or combustible substances include:

flammable and combustible liquids, including waste liquids, in containers, whether empty or full; and

gas cylinders, whether empty or full.

A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with an object falling on a person if the falling object is reasonably likely to injure the person.

Note: WHS Act—section 19 (see regulation 9).

This regulation applies if it is not reasonably practicable to eliminate the risk referred to in regulation 54.

The person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk in accordance with this regulation.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including:

preventing an object from falling freely, so far as is reasonably practicable; or

if it is not reasonably practicable to prevent an object from falling freely—providing, so far as is reasonably practicable, a system to arrest the fall of a falling object.

Examples:

1   Providing a secure barrier.

2   Providing a safe means of raising and lowering objects.

3   Providing an exclusion zone persons are prohibited from entering.

A psychosocial hazard is a hazard that:

arises from, or relates to:

the design or management of work; or

a work environment; or

plant at a workplace; or

workplace interactions or behaviours; and

may cause psychological harm (whether or not it may also cause physical harm).

A psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard.

A person conducting a business or undertaking must:

manage psychosocial risks in accordance with Part 3.1; and

implement the control measures required by regulation 55D.

Note: WHS Act—section 19 (see regulation 9).

This regulation applies to a person conducting a business or undertaking who implements control measures to manage psychosocial risks in accordance with Part 3.1.

In determining the control measures to implement, the person must have regard to all relevant matters, including:

the duration, frequency and severity of the exposure of workers and other persons to the psychosocial hazards; and

how the psychosocial hazards may interact or combine; and

the design of work, including job demands and tasks; and

the systems of work, including how work is managed, organised and supported; and

the design and layout, and environmental conditions, of the workplace, including the provision of:

safe means of entering and exiting the workplace; and

facilities for the welfare of workers; and

the design and layout, and environmental conditions, of workers’ accommodation; and

the plant, substances and structures at the workplace; and

workplace interactions or behaviours; and

the information, training, instruction and supervision provided to workers.

(3) For paragraph (2)(f), workers’ accommodation means premises to which subsection 19(4) of the Act applies.

This Part applies to confined spaces that:

are entered by any person; or

are intended or likely to be entered by any person; or

could be entered inadvertently by any person.

(2) In this Part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person’s management or control.

Regulations 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is:

rescuing a person from the space; or

providing first aid to a person in the space.

This regulation applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.

A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that:

the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or

if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space:

the need or risk is minimised so far as is reasonably practicable; and

the space is designed with a safe means of entry and exit; and

the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this Division has been complied with in relation to that space.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must manage, in accordance with Part 3.1, risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space).

Note: WHS Act—section 19 (see regulation 9).

A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

For subregulations (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including the following:

whether the work can be carried out without the need to enter the confined space;

the nature of the confined space;

if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—any change that may occur in that concentration;

the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working;

the type of emergency procedures, including rescue procedures, required.

The person conducting a business or undertaking must ensure that a risk assessment under this regulation is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under Part 3.1.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A confined space entry permit must:

be completed by a competent person; and

be in writing; and

specify the following:

the confined space to which the permit relates;

the names of persons permitted to enter the space;

the period of time during which the work in the space will be carried out;

measures to control risk associated with the proposed work in the space; and

contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space.

The control measures specified in a confined space permit must:

be based on a risk assessment conducted under regulation 66; and

include:

control measures to be implemented for safe entry; and

details of the system of work provided under regulation 69.

The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed:

all workers leave the confined space; and

the acknowledgement referred to in paragraph (2)(d) is completed by the competent person.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that signs that comply with subregulation (2) are erected:

immediately before work in a confined space commences and while the work is being carried out; and

while work is being carried out in preparation for, and in the completion of, work in a confined space.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The signs must:

identify the confined space; and

inform workers that they must not enter the space unless they have a confined space entry permit; and

be clear and prominently located next to each entry to the space.

A person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes:

continuous communication with the worker from outside the space; and

monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances:

the introduction of any substance or condition into the space from or by any plant or services connected to the space;

the activation or energising in any way of any plant or services connected to the space.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

If it is not reasonably practicable for the person to eliminate risk under subregulation (1), the person must minimise that risk so far as is reasonably practicable.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking must ensure, in relation to work in a confined space, that:

purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable; and

pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must ensure that, while work is being carried out in a confined space:

the atmosphere of the space has a safe oxygen level; or

if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume—any worker carrying out work in the space is provided with air supplied respiratory equipment.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

(3) In this regulation, purging means the method used to displace any contaminant from a confined space.

Note 1: Regulation 44 applies to the use of personal protective equipment, including the equipment provided under subregulation (2).

Note 2: Regulation 50 applies to airborne contaminants.

A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is:

equal to or greater than 5% but less than 10% of its LEL—the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous-monitoring flammable gas detector is used in the space; or

equal to or greater than 10% of its LEL—the person must ensure that any worker is immediately removed from the space.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the space.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must:

establish first aid procedures and rescue procedures to be followed in the event of an emergency in a confined space; and

ensure that the procedures are practised as necessary to ensure that they are efficient and effective.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must ensure that first aid and rescue procedures are initiated from outside the confined space as soon as practicable in an emergency.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must ensure, in relation to any confined space, that:

the entry and exit openings of the confined space are large enough to allow emergency access; and

the entry and exit openings of the space are not obstructed; and

plant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order.

Note 1: See Part 3.2 for general provisions relating to first aid, personal protective equipment and emergency plans.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This regulation applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency.

The person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which:

the atmosphere in the confined space does not have a safe oxygen level; or

the atmosphere in the space has a harmful concentration of an airborne contaminant; or

there is a serious risk of the atmosphere in the space becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the space.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which:

an engulfment has occurred inside the confined space; or

there is a serious risk of an engulfment occurring while the worker is in the space.

Note 1: Regulation 44 applies to the use of personal protective equipment, including the equipment provided under this regulation.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following:

the nature of all hazards relating to a confined space;

the need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards;

the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment;

the contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space;

emergency procedures.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must ensure that a record of all training provided to a worker under this regulation is kept for 2 years.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

(3) In subregulation (1), relevant worker means:

a worker who, in carrying out work for the business or undertaking, could:

enter or work in a confined space; or

carry out any function in relation to work in a confined space or the emergency procedures established under regulation 74, but who is not required to enter the space; or

any person supervising a worker referred to in paragraph (a).

This regulation applies if a person conducting a business or undertaking:

prepares a risk assessment under regulation 66; or

issues a confined space entry permit under regulation 67.

Subject to subregulation (3), the person must keep:

a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

a copy of the confined space entry permit at least until the work to which it relates is completed.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available for inspection under the Act.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available to any relevant worker on request.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

(1) In this Part, electrical equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that:

is used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra-low voltage; or

is operated by electricity at a voltage greater than extra-low voltage; or

is part of an electrical installation located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; or

is, or is part of, an active impressed current cathodic protection system within the meaning of AS 2832.1:2015 (Cathodic protection of metals—Pipes and cables).

(2) In this Part, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that is part of a vehicle that is a motor car or motorcycle if:

the equipment is part of a unit of the vehicle that provides propulsion for the vehicle; or

the electricity source for the equipment is a unit of the vehicle that provides propulsion for the vehicle.

(1) In this Part, electrical installation means a group of items of electrical equipment that:

are permanently electrically connected together; and

can be supplied with electricity from the works of an electricity supply authority or from a generating source.

An item of electrical equipment may be part of more than one electrical installation.

In paragraph (1)(a):

(a) an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and

(b) connection achieved through using works of an electricity supply authority is not a consideration in determining whether or not electrical equipment is electrically connected.

(1) In this Part, electrical work means:

connecting electricity supply wiring to electrical equipment or disconnecting electricity supply wiring from electrical equipment; or

installing, removing, adding, testing, replacing, repairing, altering or maintaining electrical equipment or an electrical installation.

(2) In this Part, electrical work does not include the following:

work that involves connecting electrical equipment to an electricity supply by means of a flexible cord plug and socket outlet;

work on a non-electrical component of electrical equipment, if the person carrying out the work is not exposed to an electrical risk;

Example: Painting electrical equipment covers and repairing hydraulic components of an electrical motor.

replacing electrical equipment or a component of electrical equipment if that task can be safely performed by a person who does not have expertise in carrying out electrical work;

Example: Replacing a fuse or a light bulb.

assembling, making, modifying or repairing electrical equipment as part of a manufacturing process;

building or repairing ducts, conduits or troughs, where electrical wiring is or will be installed if:

the ducts, conduits or troughs are not intended to be earthed; and

the wiring is not energised; and

the work is supervised by:

(A) a person who is licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; or

(B) a person who:

(I) is exempted from a requirement to be licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; and

(II) has acquired through training, qualification or experience the knowledge and skills to carry out the work;

locating or mounting electrical equipment, or fixing electrical equipment in place, if this task is not performed in relation to the connection of electrical equipment to an electricity supply;

assisting an electrical worker who is licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing if:

the assistant is directly supervised by the electrical worker; and

the assistance does not involve physical contact with any energised electrical equipment;

assisting a person to acquire through training, qualification or experience the knowledge and skills to carry out the work, whether or not the person is exempted from the requirement to be licensed or permitted to perform electrical work;

carrying out electrical work, other than work on energised electrical equipment, in order to meet eligibility requirements in relation to becoming:

an electrical worker who is licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; or

an electrical worker who:

(A) is exempted from a requirement to be licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; and

(B) has acquired through training, qualification or experience the knowledge and skills to carry out the work.

A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with electrical risks at the workplace, in accordance with Part 3.1.

Example: Electrical risks associated with the design, construction, installation, protection, maintenance and testing of electrical equipment and electrical installations at a workplace.

Note: WHS Act—section 19 (see regulation 9).

In this Division, a reference to electrical equipment or an electrical installation in relation to a person conducting a business or undertaking is a reference to electrical equipment or an electrical installation that is under the person’s management or control.

A person conducting a business or undertaking at a workplace must ensure that any unsafe electrical equipment at the workplace:

is disconnected (or isolated) from its electricity supply; and

once disconnected (or isolated):

is not reconnected until it is repaired or tested and found to be safe; or

is replaced or permanently removed from use.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

(2) For this regulation, electrical equipment or a component of electrical equipment is unsafe if there are reasonable grounds for believing it to be unsafe.

A person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is:

supplied with electricity through an electrical socket outlet; and

used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

In the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking:

is not required to comply with subregulation (1); and

must ensure that the equipment is inspected for obvious damage before being used.

Note 1: However, electrical equipment that is unsafe must not be used (see regulation 149).

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person must ensure that a record of any testing carried out under subregulation (1) is kept until the electrical equipment is:

next tested; or

permanently removed from the workplace or disposed of.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The record of testing:

must specify the following:

the name of the person who carried out the testing;

the date of the testing;

the outcome of the testing;

the date on which the next testing must be carried out; and

may be in the form of a tag attached to the electrical equipment tested.

A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that electrical equipment is not used if the equipment:

is required to be tested under regulation 150; and

has not been tested.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

This Division does not apply to work carried out by or on behalf of an electricity supply authority on the electrical equipment, including electric line-associated equipment, controlled or operated by the authority to transform, transmit or supply electricity.

In this Division (except regulations 156, 159 and 160), a reference to a person conducting a business or undertaking in relation to electrical work is a reference to the person conducting the business or undertaking who is carrying out the electrical work.

Subject to this Division, a person conducting a business or undertaking must ensure that electrical work is not carried out on electrical equipment while the equipment is energised.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that, before electrical work is carried out on electrical equipment, the equipment is tested by a competent person to determine whether or not it is energised.

Note 1: Regulation 157 allows electrical testing to be carried out on electrical equipment for the purposes of this regulation. Regulation 161 sets out how the testing is to be carried out.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person conducting a business or undertaking must ensure that:

each exposed part is treated as energised until it is isolated and determined not to be energised; and

each high-voltage exposed part is earthed after being de-energised.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that electrical equipment that has been de-energised to allow electrical work to be carried out on it is not inadvertently re-energised while the work is being carried out.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is not carried out unless:

it is necessary in the interests of health and safety that the electrical work is carried out on the equipment while the equipment is energised; or

Example: It may be necessary that life-saving equipment remain energised and operating while electrical work is carried out on the equipment.

it is necessary that the electrical equipment to be worked on is energised in order for the work to be carried out properly; or

it is necessary for the purposes of testing required under regulation 155; or

there is no reasonable alternative means of carrying out the work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The electrical work that may be carried out under paragraph (1)(a), (b) or (d) may include testing of the energised electrical equipment.

A person conducting a business or undertaking must ensure the following before electrical work on energised electrical equipment commences:

a risk assessment is conducted in relation to the proposed electrical work;

the area where the electrical work is to be carried out is clear of obstructions so as to allow for easy access and exit;

the point at which the electrical equipment can be disconnected or isolated from its electricity supply is:

clearly marked or labelled; and

clear of obstructions so as to allow for easy access and exit by the worker who is to carry out the electrical work or any other competent person; and

capable of being operated quickly;

the person authorises the electrical work after consulting with the person with management or control of the workplace.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

For paragraph (1)(a), the risk assessment must be:

conducted by a competent person; and

recorded.

Note: Regulation 12 permits risk assessments to be conducted, in certain circumstances, in relation to a class of hazards, tasks, things or circumstances.

Paragraph (1)(c) does not apply to electrical work on electrical equipment if:

the work is to be carried out on the supply side of the main switch on the main switchboard for the equipment; and

the point at which the equipment can be disconnected from its electricity supply is not reasonably accessible from the work location.

A person conducting a business or undertaking must ensure that only persons authorised by the person conducting the business or undertaking enter the immediate area in which electrical work on energised electrical equipment is being carried out.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that, while electrical work is being carried out on energised electrical equipment, all persons are prevented from creating an electrical risk by inadvertently making contact with an exposed energised component of the equipment.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is carried out:

by a competent person who has tools, testing equipment and personal protective equipment that:

are suitable for the work; and

have been properly tested; and

are maintained in good working order; and

in accordance with a safe work method statement prepared for the work; and

subject to subregulation (5), with a safety observer present who has the competence and qualifications specified in subregulation (4).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the person who carries out the electrical work uses the tools, testing equipment and personal protective equipment properly.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

For paragraph (1)(b), the safe work method statement must:

identify the electrical work; and

specify hazards associated with that electrical work and risks associated with those hazards; and

describe the measures to be implemented to control the risks; and

describe how the risk control measures are to be implemented, monitored and reviewed.

For paragraph (1)(c):

the safety observer must be competent:

to implement control measures in an emergency; and

to rescue and resuscitate the worker who is carrying out the work, if necessary; and

the safety observer must have been assessed in the previous 12 months as competent to rescue and resuscitate a person.

A safety observer is not required if:

the work consists only of testing; and

the person conducting the business or undertaking has conducted a risk assessment under regulation 158(1)(a) that shows that there is no serious risk associated with the proposed work.

This regulation applies if a person conducting a business or undertaking prepares:

a risk assessment under regulation 158; or

a safe work method statement under regulation 161.

Subject to subregulation (3), the person must keep:

a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

a copy of the safe work method statement until the work to which it relates is completed.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If a notifiable incident occurs in connection with the work to which the assessment or statement relates, the person must keep the assessment or statement (as applicable) for at least 2 years after the incident occurs.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out electrical work to which the assessment or statement relates.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is available for inspection under the Act.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking that includes the carrying out of construction work must comply with AS/NZS 3012:2019 (Electrical installations—Construction and demolition sites).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

For subregulation (1), AS/NZS 3012:2019 (Electrical installations—Construction and demolition sites) applies as if any term that is defined in that Standard and that is also defined in the Act or these Regulations has the same meaning as it has in the Act or these Regulations.

If any requirement in AS/NZS 3012:2019 (Electrical installations—Construction and demolition sites) deals with the same matter as a requirement under this Part, it is sufficient that the person conducting the business or undertaking complies with the requirement in AS/NZS 3012:2019 as modified by subregulation (2).

This regulation applies in the following circumstances:

electrical equipment is used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust;

electrical equipment is moved between different locations in circumstances where damage to the equipment or to a flexible electricity supply cord is reasonably likely;

electrical equipment is frequently moved during its normal use;

electrical equipment forms part of, or is used in connection with, an amusement device.

In a circumstance set out in subregulation (1), a person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that any electrical risk associated with the supply of electricity to the electrical equipment through a socket outlet is minimised by the use of an appropriate residual current device.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

Without limiting subregulation (2), the residual current device must have a tripping current that does not exceed 30 milliamps if electricity is supplied to the equipment through a socket outlet not exceeding 20 amps.

Subregulation (2) does not apply if the supply of electricity to the electrical equipment:

does not exceed 50 volts alternating current; or

is direct current; or

is provided through an isolating transformer that provides at least an equivalent level of protection; or

is provided from a non-earthed socket outlet supplied by an isolated winding portable generator that provides at least an equivalent level of protection.

Note: Relevant electricity safety legislation of the State will also apply to the person conducting the business or undertaking.

A person with management or control of a workplace must take all reasonable steps to ensure that residual current devices used at the workplace are tested regularly by a competent person to ensure that the devices are operating effectively.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person must keep a record of all testing of a residual current device (other than any testing conducted daily) until the earlier of the following occurs:

the device is next tested;

the device is permanently removed from use.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that:

a risk assessment is conducted in relation to the proposed work; and

control measures implemented are consistent with:

the risk assessment; and

if an electricity supply authority is responsible for the electric line, any requirements of the authority.

Note 1: Relevant electricity safety legislation will also apply to the person conducting the business or undertaking.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The purpose of this Part is to impose duties on a person conducting a business or undertaking at a workplace to ensure:

the fitness and competence of persons who carry out general diving work and high risk diving work; and

the health and safety of persons who carry out general diving work and high risk diving work; and

the health and safety of other persons at workplaces where general diving work or high risk diving work is carried out.

A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work or undergo training for general diving work unless the worker holds a current certificate of medical fitness.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must not direct or allow a worker to carry out general diving work or undergo training for diving work unless the work or training complies with any conditions on the current certificate of medical fitness of the worker.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A certificate of medical fitness must:

be issued by a registered medical practitioner with training in underwater medicine; and

state the following:

the name of the person to whom it is issued;

its date of issue and its expiry date;

whether or not the person to whom it is issued is, in accordance with the fitness criteria, medically fit to carry out diving work;

any conditions in relation to the type of diving work the person to whom it is issued is fit to carry out, or the circumstances in which the person is fit to carry out general diving work, including, in the case of a person who is under 18 years of age, any particular conditions applicable to the age of the person.

A person conducting a business or undertaking at a workplace must keep the certificate of medical fitness of a worker who carries out general diving work for 1 year after the work is carried out.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person must not carry out any type of general diving work unless the person holds a certificate for general diving work, issued by a training organisation, that demonstrates that the person has acquired the relevant competencies for that type of general diving work.

This regulation does not apply in relation to incidental diving work or limited scientific diving work.

(3) In subregulation (1), relevant competencies means the competencies specified in Australian/New Zealand Standard AS/NZS 4005.2:2000 (Training and certification of recreational divers) or Australian/New Zealand Standard AS/NZS 2815 (Training and certification of occupational divers) that are relevant to the type of general diving work to which subregulation (1) applies.

Note: See section 44 of the Act.

In addition to regulation 171, a person must not carry out general diving work unless the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following:

the application of diving physics;

the use, inspection and maintenance of diving equipment (including emergency equipment) and air supply of the type to be used in the proposed general diving work;

the use of decompression tables or dive computers;

dive planning;

ways of communicating with another diver and with persons at the surface during general diving work;

how to safely carry out general diving work of the type proposed to be carried out;

diving physiology, emergency procedures and first aid.

Note: See section 44 of the Act.

This regulation does not apply in relation to incidental diving work or limited scientific diving work.

A person must not carry out incidental diving work unless the person:

has the knowledge and skill referred to in regulation 171A; and

has relevant diving experience; and

is accompanied and supervised in the water by a person who has the competencies referred to in regulation 171.

Note: See section 44 of the Act.

(2) In this regulation, a person has relevant diving experience if the person has logged at least 15 hours of diving, of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the diving work is to be carried out.

A person who is not permanently resident in Australia must not carry out limited scientific diving work unless the person has:

the training, qualification or experience referred to in regulation 171A; and

relevant diving experience, including relevant diving experience obtained outside Australia.

Note: See section 44 of the Act.

(2) In this regulation, a person has relevant diving experience if the person has logged at least 60 hours diving of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the limited scientific diving work is to be carried out.

A person appointed under regulation 177 must not perform any function associated with that appointment unless the person has:

the qualification specified in regulation 171; and

experience in the type of diving work to be supervised.

Note: See section 44 of the Act.

A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking at a workplace must not direct or allow a person appointed under regulation 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under regulation 174.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking must keep the written evidence given to the person:

under subregulation (1)—for at least 1 year after the diving work is carried out;

under subregulation (2)—for at least 1 year after the last occasion on which the person performs a function associated with the appointment.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with general diving work, in accordance with Part 3.1.

Note: WHS Act—section 19 (see regulation 9).

A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for subregulation (1).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking at a workplace must appoint one or more competent persons to:

supervise general diving work carried out in the business or undertaking; and

perform other functions under this Division.

Note 1: See regulation 174 for the qualifications of the competent person.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must not direct or allow general diving work to be carried out unless a dive plan for the dive:

is prepared by a competent person appointed under regulation 177; or

has been prepared by a competent person appointed under regulation 177 on an earlier occasion for a similar dive.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A dive plan must state the following:

the method of carrying out the diving work to which it relates;

the tasks and duties of each person involved in the dive;

the diving equipment, breathing gases and procedures to be used in the dive;

as applicable, dive times, bottom times and decompression profiles;

hazards relating to the dive and measures to be implemented in the control of risks associated with those hazards;

emergency procedures.

A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that general diving work is carried out in accordance with the dive plan prepared for it.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that a competent person appointed by the person under regulation 177 gives workers instruction in relation to the dive plan before commencing the diving work to which the plan relates.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace where general diving work is carried out must keep a dive safety log that contains the following information about each dive carried out by a worker:

the name of the worker who carries out the dive;

the name of any other person with whom the dive is carried out;

the name of the competent person appointed under regulation 177 to supervise the diving work;

the date and location of the dive;

the time each diver enters and leaves the water;

the maximum depth of the dive;

any incident, difficulty, discomfort or injury that occurs or is experienced during the dive;

if the dive was carried out using a dive computer—the dive time;

if the dive was carried out using dive tables—the repetitive dive group, if available, and either the bottom time or the dive time;

if the repetitive group and surface interval result in a repetitive factor—the surface interval and the repetitive factor;

if the dive is carried out using EANx:

the oxygen content of the EANx; and

the maximum operating depth of the EANx;

if the dive is carried out using mixed gas:

the oxygen content and the nitrogen content (if any) of the gas; and

the maximum operating depth of the mixed gas; and

the minimum operating depth of the bottom mix.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

This regulation applies to a person conducting a business or undertaking at a workplace where general diving work is carried out.

The person conducting the business or undertaking must ensure that, after each dive carried out in connection with the general diving work is completed, the return of each diver is verified in the dive safety log, as soon as practicable after the return, by:

the diver; and

a competent person appointed under regulation 177 to supervise the diving work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If workers are carrying out general diving work from a vessel, the person conducting the business or undertaking must ensure that a competent person appointed under regulation 177 to supervise the diving work makes and verifies entries in the dive safety log of the number of workers and other persons on board the vessel:

before the diving work commences; and

before the vessel leaves the location after the diving work is completed.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person conducting the business or undertaking must ensure that the dive safety log is kept for at least 1 year after the last entry is made.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

(5) In this regulation, an event is verified in the dive safety log:

by signing; or

if the log is electronic, by entering the verifier’s unique identifier.

This regulation applies if a person conducting a business or undertaking prepares:

a risk assessment under regulation 176; or

a dive plan under regulation 178.

Subject to subregulation (3), the person must keep:

a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

a copy of the dive plan until the work to which it relates is completed.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If a notifiable incident occurs in connection with the work to which the assessment or dive plan relates, the person must keep the assessment or dive plan (as applicable) for at least 2 years after the incident occurs.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the work to which the assessment or dive plan relates.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is available for inspection under the Act.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking at a workplace where high risk diving work is carried out must ensure that the following are in accordance with AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice):

the fitness of persons carrying out the work;

the competence of persons carrying out the work;

Note: See section 44 of the Act.

the carrying out of the work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The Regulator may approve a standard for the carrying out of high risk diving work by a member of the Defence Force.

If a standard approved by the Regulator is in force:

subregulation (1) does not apply; and

a person conducting a business or undertaking at a workplace where high risk diving work is carried out by a member of the Defence Force must ensure that the following are in accordance with that standard:

the fitness of persons carrying out the work;

the competence of persons carrying out the work;

Note: See section 44 of the Act.

the carrying out of the work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person must not carry out high risk diving work unless the person has the qualifications, knowledge, skills and experience required by AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice) for work of the kind to be carried out by the person.

Note: See section 44 of the Act.

However, if a standard approved by the Regulator under subregulation 183(2) is in force:

subregulation (1) does not apply; and

a member of the Defence Force must not carry out high risk diving work unless the member has the qualifications, knowledge, skills and experience required by that standard for the high risk diving work.

Note: See section 44 of the Act.

Subject to this regulation, and unless the contrary intention appears, this Part applies to:

the design, manufacture, importation, supply, installation, construction and commissioning of plant; and

the use, repair or disposal of plant, whether manufactured before, on or after 1 January 2012; and

the hazard identification, risk assessment and control or risk in relation to plant, whether manufactured before, on or after 1 January 2012.

Subject to subregulation (3), this Part does not apply to plant that:

relies exclusively on manual power for its operation; and

is designed to be primarily supported by hand.

This Part applies to explosive power tools that are designed to be supported by hand.

This Part applies to structures as provided in this Part.

A designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with:

information to enable the plant to be manufactured in accordance with the design specifications; and

if applicable, information about:

the installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant; and

the hazards and risks associated with the use of the plant that the designer has identified; and

testing or inspections to be carried out on the plant; and

the systems of work and competency of operators that are necessary for the safe use of the plant; and

the emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant.

Note 1: A designer also has duties under section 22 of the Act.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

If a manufacturer of plant advises the designer of the plant that there is a hazard in the design of plant for which the designer has not provided a control measure, the designer must:

revise the information originally supplied to the manufacturer to ensure that:

the risk is eliminated so far as is reasonably practicable; or

if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable; or

notify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this Part.

Note 1: A designer also has duties under section 22 of the Act.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

This regulation applies if a designer of plant uses guarding as a measure to control risk.

The designer must ensure, so far as is reasonably practicable, that the guarding designed for that purpose will prevent access to the danger point or danger area of the plant.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The designer must ensure that:

if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant—the guarding is a permanently fixed physical barrier; or

if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant—the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or

if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b)—the guarding used is a physical barrier that can only be altered or removed by the use of tools; or

if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c)—the design includes a presence-sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The designer must ensure that the guarding is designed:

to be of solid construction and securely mounted so as to resist impact or shock; and

to make bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and

so as not to cause a risk in itself.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

If the plant to be guarded contains moving parts and those parts may break or cause workpieces to be ejected from the plant, the designer must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

Despite anything to the contrary in this regulation, the designer must ensure:

that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

if the guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A designer of plant must ensure that the design provides for any operator’s controls for the plant to be:

identified on the plant so as to indicate their nature and function and direction of operation; and

located so as to be readily and conveniently operated by each person using the plant; and

located or guarded to prevent unintentional activation; and

able to be locked into the ‘off’ position to enable the disconnection of all motive power.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the designer of the plant must ensure that the design provides for operator’s controls that:

permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and

while the plant is being maintained or cleaned, cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; and

will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning:

is eliminated so far as is reasonably practicable; or

if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

If plant is designed to be operated or attended by more than one person and more than one emergency stop control is fitted, the designer of the plant must ensure that the design provides for the multiple emergency stop controls to be of the ‘stop and lock-off’ type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

If the design of the plant includes an emergency stop control for the plant, the designer of the plant must ensure that the design provides:

for the stop control to be prominent, clearly and durably marked and immediately accessible to each operator of the plant; and

for any handle, bar or push button associated with the stop control to be coloured red; and

that the stop control cannot be adversely affected by electrical or electronic circuit malfunction.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.

The designer of the plant must ensure that the design provides for the device to be positioned on the plant to ensure the device will work to best effect.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A manufacturer of plant must ensure the following:

that the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and these Regulations;

if the information provided to the manufacturer by the designer of the plant under the Act and these Regulations requires the plant to be tested—that the plant is tested in accordance with that information;

if, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure:

that the hazard is not incorporated into the manufacture of the plant; and

that the designer of the plant is given written notice of the hazard as soon as practicable; and

that all reasonable steps are taken to consult with the designer of the plant in relation to the alteration of the design to rectify the hazard.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A manufacturer of plant must ensure that, if it is not possible to notify the designer of the hazard in accordance with subregulation (1):

the risk is eliminated, so far as is reasonably practicable; or

if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Note: WHS Act—section 23 (see regulation 9).

A manufacturer to whom paragraph (1)(c) applies must not manufacture the plant until:

the designer gives the manufacturer the revised information or written instruction under regulation 188; or

the manufacturer eliminates or minimises the risk under subregulation (2).

Note: WHS Act—section 23 (see regulation 9).

If the designer notifies a manufacturer of plant under regulation 188, the manufacturer may proceed in accordance with the designer’s original information.

A manufacturer of plant must ensure that guarding used as a control measure is of solid construction and securely mounted so as to resist impact or shock.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A manufacturer of plant must ensure:

that any guarding used as a control measure in relation to plant is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

if the guarding is removed—that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A manufacturer of plant must:

take all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under paragraphs 22(4)(a) and (c) of the Act and regulations 187 and 188; and

ensure that a person to whom the manufacturer supplies the plant is, at the time of supply, provided with the information provided to the manufacturer by the designer under paragraphs 22(4)(a) and (c) of the Act and regulation 187; and

if the manufacturer acts in accordance with regulation 193(1)(c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under sections 22(4)(a) and (c) of the Act and regulation 188.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

An importer of plant must:

take all reasonable steps to obtain:

the information that would be required to be provided by a manufacturer under paragraphs 23(4)(a) and (c) of the Act; and

the information that would be required to be provided by the designer of the plant to the manufacturer under regulations 187 and 188; and

give that information to any person to whom the importer supplies the plant.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

An importer of plant must:

ensure that the plant is inspected having regard to the information provided by the manufacturer; and

if the information provided by the manufacturer requires the plant to be tested—ensure that the plant is tested in accordance with that information; and

if any hazards are identified:

ensure that the plant is not supplied until the risks have been eliminated so far as is reasonably practicable; and

if it is not reasonably practicable to eliminate the risks, advise the person to whom the plant is supplied of the risks; and

take all reasonable steps to ensure that the designer and manufacturer of the plant are consulted in relation to any alteration made to the plant to control the risk.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A supplier of plant must:

take all reasonable steps to obtain the information required to be provided by the manufacturer under paragraphs 23(4)(a) and (c) of the Act and these Regulations; and

ensure that, when the plant is supplied, the person to whom the plant is supplied is given the information obtained by the supplier under paragraph (a).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A supplier of second-hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A supplier of second-hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice:

of the condition of the plant; and

of any faults identified under subregulation (1); and

if appropriate, that the plant should not be used until the faults are rectified.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This regulation does not apply to plant to be used for scrap or spare parts.

A supplier of plant to be used for scrap or spare parts must, before the plant is supplied, inform the person to whom the plant is supplied, either in writing or by marking the plant, that the plant is being supplied for scrap or spare parts and that the plant in its current form is not to be used as plant.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace.

The person must ensure that the plant is installed, constructed or commissioned having regard to:

the information provided by the designer, manufacturer, importer or supplier of the plant under the Act and these Regulations; or

the instructions provided by a competent person to the extent that those instructions relate to health and safety.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions a structure that is to be used, or could reasonably be expected to be used, as or at, a workplace.

The person must ensure that the structure is installed, constructed or commissioned having regard to:

the information provided by the designer, manufacturer, importer or supplier of the structure under the Act and these Regulations; or

the instructions provided by a competent person to the extent that those instructions relate to health and safety.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This Part applies to:

plant that is required to be registered under Part 5.3; or

plant the design of which is required to be registered under Part 5.3.

If the design of plant is required to be registered under Part 5.3, the designer of that plant must make a record that contains:

the method used to determine the control measures for the plant and the control measures that result from that determination; and

a copy of the information provided to a manufacturer under section 22 of the Act in relation to that plant; and

a copy of the information provided to a manufacturer under regulation 187 in relation to that plant; and

if applicable, a copy of the information provided to a manufacturer under regulation 188 in relation to that plant.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If the design of plant is required to be registered under Part 5.3, the designer of the plant must record any published technical standard, including any part of a published technical standard, that was used to design the plant.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If the designer of the plant has not used published technical standards to design the plant, the designer must record any engineering principles used to design the plant.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A designer of plant must ensure that the records made under regulations 228 and 229 are kept available for inspection under the Act.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A designer of plant must ensure that the records made under regulations 228 and 229 are made available for inspection by the design verifier of the plant design.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A designer of plant must keep the records made under regulations 228 and 229 for the design life of the plant.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A manufacturer must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Part 5.3.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

An importer must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Part 5.3.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A supplier must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Part 5.3.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This regulation applies to a person who conducts a business or undertaking that commissions plant.

The person must not commission an item of plant that is specified in Part 2 of Schedule 5 for use in a workplace unless that item of plant is registered under Part 5.3.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

Nothing in subregulation (2) prevents a person from performing any necessary adjustments, tests or inspections as part of the commissioning process before the plant is commissioned at a workplace.

If:

an item of plant is specified in Part 1 of Schedule 5; and

the designer started (or started and completed) designing the plant on or after 1 January 1996;

the design must be registered under this Part.

Note: See section 42 of the Act.

If the design of an item of plant specified in Part 1 of Schedule 5 that is registered under this Part is altered, the altered design must be registered under this Part.

Note: See section 42 of the Act.

In this regulation a reference to the alteration of a design is a reference to an alteration that may affect health or safety.

This regulation does not apply in relation to a tower crane or a gantry crane if:

the crane is relocated for use in a different workplace; and

the design of the supporting structure or foundations of the crane is altered in accordance with a site-specific design prepared for the purpose of the safe operation of the crane at the new location; and

the design of the crane is not altered in any other way.

A design of an item of plant is not required to be registered under this Part if the design is registered under a corresponding WHS law.

A design referred to in subregulation (1) that is altered is not required to be registered under this Part if the altered design is registered by the corresponding regulator that registered the original design.

An item of plant specified in Part 2 of Schedule 5 must be registered under this Part.

Note: See section 42 of the Act.

The purpose of registering an item of plant is to ensure that it is inspected by a competent person and is safe to operate.

An item of plant is not required to be registered under this Part if the plant is registered under a corresponding WHS law.

This Division applies to the registration of a design of an item of plant specified in Part 1 of Schedule 5.

A person conducting a business or undertaking that designs an item of plant may apply to the regulator for the registration of the design of that item of plant.

A person with management or control of an item of plant may apply to the regulator for the registration of the design of that item of plant.

An application for registration of the design of an item of plant must be made in the manner and form required by the regulator.

The application must include the following information:

the applicant’s name;

whether or not the applicant is a body corporate;

if the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name;

any other evidence of identity required by the regulator;

a statement signed by the designer of the item of plant:

stating that the designer has complied with the designer’s obligations under section 22 of the Act in relation to the design; and

specifying the published technical standards and engineering principles used in the design; and

a design verification statement that accords with regulation 251;

representational drawings of the design;

a declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.

Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

Any drawings or other documents provided with the application must be capable of being kept in an electronic form.

The application must be accompanied by the relevant fee.

The design verification statement must:

be written and signed by a person who is eligible to be a design verifier for the design; and

state that the design was produced in accordance with published technical standards or engineering principles specified in the statement; and

include:

the name, business address and qualifications (if applicable) of the design verifier; and

if applicable, the name and business address of the organisation for which the design verifier works.

A person is eligible to be a design verifier for the design of an item of plant if the person is a competent person.

Despite subregulation (1), a person is not eligible to be a design verifier for the design of an item of plant if the person was involved in the production of the design.

A design verifier of the design of an item of plant specified in Part 1 of Schedule 5 must document the design verification process carried out by that person and the results of that process.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person must not make a design verification statement for the design of an item of plant specified in Part 1 of Schedule 5 if the person:

is not eligible to be a design verifier for that design; or

has not carried out a verification of the design.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

If an application for registration of a design of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information.

A request for additional information must:

specify the date (not being less than 28 days after the request) by which the additional information is to be given; and

be confirmed in writing.

If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.

The regulator may make more than one request for additional information under this regulation.

Subject to subregulation (3), the regulator must grant the registration if satisfied about the matters referred to in subregulation (2).

The regulator must be satisfied about the following:

the application has been made in accordance with this Division;

the design is not registered under a corresponding WHS law;

either:

the applicant is the Commonwealth, a public authority or a non-Commonwealth licensee; or

the regulator is satisfied that circumstances exist that justify the grant of the registration;

the applicant is able to ensure compliance with any conditions that will apply to the registration.

The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has:

given information that is false or misleading in a material particular; or

failed to give any material information that should have been given.

If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.

If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 255, the regulator is taken to have refused to grant the registration applied for.

Note: A refusal to grant a registration (including under subregulation (5)) is a reviewable decision (see regulation 676).

If the regulator proposes to refuse to grant a registration, the regulator must give the applicant a written notice:

informing the applicant of the reasons for the proposed refusal; and

advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

After the date specified in a notice under subregulation (1), the regulator must:

if the applicant has made a submission in relation to the proposed refusal to grant the registration—consider that submission; and

whether or not the applicant has made a submission—decide whether to grant or refuse to grant the registration; and

within 14 days after making that decision—give the applicant written notice of the decision, including the reasons for the decision.

Note: A refusal to grant a registration is a reviewable decision (see regulation 676).

The regulator may impose any conditions it considers appropriate on the registration of a plant design.

Without limiting subregulation (1), the regulator may impose conditions in relation to one or more of the following matters:

the use and maintenance of plant manufactured to the design;

the recording or keeping of information;

the provision of information to the regulator.

Note 1: A person must comply with the conditions of registration (see section 45 of the Act).

Note 2: A decision to impose a condition on a registration is a reviewable decision (see regulation 676).

A registration of a plant design is granted for an unlimited duration.

This regulation applies if the regulator registers a design of an item of plant.

The regulator must issue a plant design registration number for the design to the applicant.

The person to whom the plant design registration number is issued must give the registration number to the manufacturer, importer or supplier of plant manufactured to that design.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The manufacturer, supplier or importer of plant to whom a plant design registration number is given under this regulation must give that number to the person with management or control of the plant:

manufactured to that design; or

supplied to that person by the manufacturer, supplier or importer.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person with management or control of plant at a workplace for which a plant design is registered must ensure that the design registration number is kept readily accessible in the vicinity of the plant at all times.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If the regulator registers a design of an item of plant, the regulator must issue to the applicant a registration document in the form determined by the regulator.

The registration document must include the following:

the name of the registration holder;

if the registration holder conducts the business or undertaking under a business name, that business name;

the registration number of the plant design;

any conditions imposed on the registration by the regulator;

the date on which the registration takes effect.

A registration holder must keep the registration document available for inspection under the Act.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

Subregulation (1) does not apply if the registration document is not in the registration holder’s possession because:

it has been returned to the regulator under regulation 287; or

the registration holder has applied for, but has not received, a replacement registration document under regulation 288.

Subject to this regulation, the regulator must not disclose to any person any confidential information provided by an applicant for registration of a design of an item of plant.

The regulator may disclose information about a plant design in either of the following circumstances:

to a corresponding regulator or an authorised officer of a corresponding regulator, at the request of the corresponding regulator;

to any person authorised by the applicant for the registration of the design.

The regulator may give a copy of the design verification statement to:

workers engaged by the person with management or control at a workplace of plant manufactured to the design; or

a health and safety representative of those workers.

The regulator may provide the person with management or control of plant with the minimum information about the plant design that is necessary for the safe operation of the plant if the registration holder for the design of the plant cannot be located or no longer exists.

This Division applies in relation to the registration of an item of plant specified in Part 2 of Schedule 5 as requiring registration.

A person with management or control of an item of plant may apply to the regulator for the registration of that item of plant.

An application for registration of an item of plant must be made in the manner and form required by the regulator.

The application must include the following information:

the applicant’s name;

whether or not the applicant is a body corporate;

if the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name;

any other evidence of the applicant’s identity required by the regulator;

sufficient information to clearly identify the item of plant;

if the design of the item of plant was also required to be registered under this Part, details of:

the plant design registration number; and

the regulator or corresponding regulator that registered the design;

a statement that the item of plant has been inspected by a competent person and assessed by that person as being safe to operate;

a declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.

Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

The application must be accompanied by the relevant fee.

A person is a competent person to inspect an item of plant for registration if the person has:

educational or vocational qualifications in an engineering discipline relevant to the plant to be inspected; or

knowledge of the technical standards relevant to the plant to be inspected.

If an application for registration of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information.

A request for additional information must:

specify the date (not being less than 28 days after the request) by which the additional information is to be given; and

be confirmed in writing.

If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.

The regulator may make more than one request for additional information under this regulation.

Subject to subregulation (3), the regulator must grant the registration if satisfied about the matters referred to in subregulation (2).

The regulator must be satisfied about the following:

the application has been made in accordance with this Division;

the plant is not registered under a corresponding WHS law;

the plant is located at a place where work is carried out, or is taken to be carried out, for a business or undertaking conducted by the Commonwealth, a public authority or a non-Commonwealth licensee;

if the applicant is an individual:

the applicant is a Commonwealth worker; or

the regulator is satisfied that circumstances exist that justify the grant of the registration;

if the applicant is not an individual:

the applicant is the Commonwealth, a public authority or a non-Commonwealth licensee; or

the regulator is satisfied that circumstances exist that justify the grant of the registration;

the applicant is able to ensure compliance with any conditions that will apply to the registration.

The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has:

given information that is false or misleading in a material particular; or

failed to give any material information that should have been given.

If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.

If the regulator does not make a decision within 120 days after receiving the application or additional information requested under regulation 268, the regulator is taken to have refused to grant the registration applied for.

Note: A refusal to grant a registration (including under subregulation (5)) is a reviewable decision (see regulation 676).

If the regulator proposes to refuse to grant a registration, the regulator must give the applicant:

informing the applicant of the reasons for the proposed refusal; and

advising the applicant that the applicant may, by a specified date, (being not less than 28 days after giving the notice) make a submission to the regulator in relation to the proposed refusal.

After the date specified in a notice under subregulation (1), the regulator must:

if the applicant has made a submission in relation to the proposed refusal to grant the registration—consider that submission; and

whether or not the applicant has made a submission—decide whether to grant or refuse to grant the registration; and

within 14 days after making that decision—give the applicant written notice of the decision, including the reasons for the decision.

Note: A refusal to grant a registration is a reviewable decision (see regulation 676).

The regulator may impose any conditions it considers appropriate on the registration of an item of plant.

Without limiting subregulation (1), the regulator may impose conditions in relation to one or more of the following:

the use and maintenance of the item of plant;

the recording or keeping of information;

the provision of information to the regulator.

Note 1: A person must comply with the conditions of registration (see section 45 of the Act).

Note 2: A decision to impose a condition on a registration is a reviewable decision (see regulation 676).

A registration of an item of plant takes effect on the day it is granted and expires 5 years after that day.

This regulation applies if the regulator registers an item of plant.

The regulator must issue a plant registration number for the plant to the registration holder within 14 days after that registration.

The registration holder must give the plant registration number to the person with management or control of the plant at a workplace as soon as practicable after being issued with the number under subregulation (2).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person with management or control of the plant at a workplace must ensure that the plant registration number is marked on the item of plant.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If the regulator registers an item of plant, the regulator must issue to the applicant within 14 days a registration document in the form determined by the regulator.

The registration document must include the following:

the name of the registration holder;

if the registration holder conducts the business or undertaking under a business name—that business name;

the registration number for the item of plant; and

any conditions imposed on the registration by the regulator;

the date that the plant was first commissioned or first registered, whichever occurred first; and

the date on which the registration was granted;

the expiry date of the registration.

The holder of the registration of an item of plant must keep the registration document available for inspection under the Act.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

Subregulation (1) does not apply if the registration document is not in the registration holder’s possession because:

it has been returned to the regulator under regulation 287; or

the registration holder has applied for but has not received, a replacement registration document under regulation 288.

The regulator may, on application, renew the registration of an item of plant.

An application for renewal of a registration of an item of plant must be made in the manner and form required by the regulator.

The application must include the following information:

the applicant’s name;

any evidence of identity required by the regulator;

if the applicant conducts the business or undertaking under a business name, that business name and a certificate or other written evidence of the registration of the business name;

the registration number of the item of plant;

a declaration that the item of plant has been maintained, inspected and tested in accordance with regulation 213.

Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

The application must be accompanied by the relevant fee.

The application must be made before the expiry of the registration.

If a registration holder applies under regulation 277 for the renewal of a registration, the registration is taken to continue in force from the day it would, apart from this regulation, have ended until the registration holder is given notice of the decision on the application.

The regulator must renew the registration of an item of plant if the regulator is satisfied that:

the application for renewal has been made in accordance with this Division; and

the plant has been maintained, inspected and tested in accordance with regulation 213.

For the purposes of this Division:

regulation 268 applies as if a reference in that regulation to an application for registration were a reference to an application to renew registration; and

regulations 269 (except subregulation (5)), 271 and 272 apply as if a reference in those regulations to the grant of a registration were a reference to the renewal of a registration; and

regulation 270 applies as if a reference in that regulation to a refusal to grant a registration were a reference to a refusal to renew a registration.

Note: A refusal to renew a registration is a reviewable decision (see regulation 676).

If the regulator gives the registration holder written notice of a decision to refuse to renew the registration, the registration continues to have effect in accordance with this regulation.

If the registration holder does not apply for internal review, the registration continues to have effect until the last of the following events:

the expiry of the registration;

the end of the period for applying for an internal review.

If the registration holder applies for an internal review, the registration continues to have effect until the earlier of the following events:

the registration holder withdraws the application for review;

the regulator makes a decision on the review.

If the registration holder does not apply for an external review, the registration continues to have effect until the end of the time for applying for an external review.

If the registration holder applies for an external review, the registration continues to have effect until the earlier of the following events:

the registration holder withdraws the application for review;

the Administrative Review Tribunal makes a decision on the review.

The registration continues to have effect under this regulation even if its expiry date passes.

This Division applies to:

the registration of a design of an item of plant; and

the registration of an item of plant.

A registration holder must give the regulator written notice of any change to:

the registration holder’s name; or

any of the information referred to in regulation 250, subregulation 255(1), regulation 266 or subregulation 268(1) within 14 days after the registration holder becomes aware of the change.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

Subregulation (1) applies whether the information was given in the application for grant of the registration or in any other circumstance.

Without limiting subregulation (1), a registration holder for an item of plant must give written notice to the regulator if:

the item of plant is altered to an extent or in a way that requires the plant to be subject to new control measures; or

the item of plant is usually fixed and is relocated; or

the registration holder no longer has management or control of the item of plant.

The regulator may, on its own initiative, amend a registration, including by amending the registration to:

vary or delete a condition of the registration; or

impose a new condition on the registration.

Before amending a registration, the regulator must give the registration holder written notice:

setting out the proposed amendment and the reasons for it; and

advising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed amendment within a specified period (being not less than 28 days from the date of the notice).

After the date specified in a notice under subregulation (2), the regulator must:

if the registration holder has made a submission in relation to the proposed amendment—consider that submission; and

whether or not the registration holder has made a submission—decide:

to make the proposed amendment; or

not to make any amendment; or

to make a different amendment that results from consideration of any submission made by the registration holder; and

within 14 days after making the decision—give the registration holder written notice that:

sets out the proposed amendment, if any, or states that no amendment is to be made; and

if a submission was made in relation to the proposed amendment—sets out the regulator’s reasons for making the amendment; and

specifies the date (being not less than 28 days after the registration holder is given the notice) on which the amendment, if any, takes effect.

Note: A decision to amend a registration is a reviewable decision (see regulation 676).

The regulator, on application by the registration holder, may amend a registration, including by amending the registration to vary or delete a condition of the registration.

If the regulator proposes to refuse to amend the registration, the regulator must give the registration holder a written notice:

informing the registration holder of the proposed refusal to amend the registration and the reasons for the proposed refusal; and

advising the registration holder that the registration holder may, by a specified date (being not less than 28 days after giving the notice) make a submission to the regulator in relation to the proposed refusal.

After the date specified in a notice under subregulation (2), the regulator must:

if the registration holder has made a submission in relation to the proposed refusal—consider that submission; and

whether or not the registration holder has made a submission—decide:

to make the amendment applied for; or

not to make any amendment; or

to make a different amendment that results from consideration of any submission made by the registration holder; and

within 14 days after making the decision—give the registration holder written notice in accordance with this regulation.

If the regulator makes the amendment applied for, the notice under paragraph (3)(c) must specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect.

If the regulator refuses to make the amendment, or makes a different amendment, the notice under paragraph (3)(c) must:

if a submission was made in relation to the proposed refusal of the amendment applied for—set out the reasons for the decision; and

if the regulator makes a different amendment:

set out the amendment; and

specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect.

Note: A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation 676).

The regulator may make minor amendments to a registration, including an amendment:

to correct an obvious error; or

to change an address; or

that does not impose a significant burden on the registration holder.

If the regulator amends a registration and considers that the registration document requires amendment, the regulator must give the registration holder an amended registration document within 14 days after making the decision to amend the registration.

A registration holder must return the registration document to the regulator for amendment at the written request of the regulator within the time specified in the request.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A registration holder must give written notice to the regulator as soon as practicable if the registration document is lost, stolen or destroyed.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If a registration document is lost, stolen or destroyed, the registration holder may apply to the regulator for a replacement document.

Note: A registration holder is required to keep a registration document available for inspection (see regulation 275).

An application for a replacement registration document must be made in the manner and form required by the regulator.

The application must:

include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

be accompanied by the relevant fee.

The regulator must issue a replacement registration document if satisfied that the original document was lost, stolen or destroyed.

If the regulator refuses to issue a replacement registration document, the regulator must give the registration holder written notice of this decision, including the reasons for the decision within 14 days of making the decision.

Note: A refusal to issue a replacement registration document is a reviewable decision (see regulation 676).

This Division applies to:

the registration of a design of an item of plant; and

the registration of an item of plant.

The regulator may cancel a registration if satisfied that:

the registration holder, in applying for the registration:

gave information that was false or misleading in a material particular; or

failed to give any material information that should have been given; or

the design of the item of plant, or the item of plant (as applicable), is unsafe.

Note: A decision to cancel a registration is a reviewable decision (see regulation 676).

Before cancelling a registration, the regulator must give the registration holder written notice:

setting out the proposal to cancel the registration and the reasons for it; and

advising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed cancellation within a specified period (being not less than 28 days from the date of the notice).

After the date specified in a notice under subregulation (1), the regulator must:

if the registration holder has made a submission in relation to the proposed cancellation—consider that submission; and

whether or not the registration holder has made a submission, decide:

to cancel the registration; or

not to cancel the registration; and

within 14 days after making that decision, give the registration holder written notice that:

states whether or not the registration is cancelled; and

if a submission was made in relation to the proposed cancellation—sets out the regulator’s reasons for cancelling the registration; and

specifies the date on which the cancellation, if any, takes effect.

Note: A decision to cancel a registration is a reviewable decision (see regulation 676).

A registration holder who receives a cancellation notice under regulation 288C must return the registration document to the regulator at the written request of the regulator within the time specified in the request.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking must manage risks associated with the carrying out of construction work in accordance with Part 3.1.

Note: WHS Act—section 19 (see regulation 9).

A person with management or control of a workplace at which construction work is carried out must ensure, so far as is reasonably practicable, that the workplace is secured from unauthorised access.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

In complying with subregulation (1), the person must have regard to all relevant matters, including:

risks to health and safety arising from unauthorised access to the workplace; and

the likelihood of unauthorised access occurring; and

Example: The proximity of the workplace to places frequented by children, including schools, parks and shopping precincts.

to the extent that unauthorised access to the workplace cannot be prevented—how to isolate hazards within the workplace.

A person conducting a business or undertaking that includes the carrying out of high risk construction work must, before high risk construction work commences, ensure that a safe work method statement for the proposed work:

is prepared; or

has already been prepared by another person.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A safe work method statement must:

identify the work that is high risk construction work; and

specify hazards relating to the high risk construction work and risks to health and safety associated with those hazards; and

describe the measures to be implemented to control the risks; and

describe how the control measures are to be implemented, monitored and reviewed.

A safe work method statement must:

be prepared taking into account all relevant matters, including:

circumstances at the workplace that may affect the way in which the high risk construction work is carried out; and

if the high risk construction work is carried out in connection with a construction project—the WHS management plan that has been prepared for the workplace; and

be set out and expressed in a way that is readily accessible and understandable to persons who use it.

A person conducting a business or undertaking that includes the carrying out of high risk construction work must put in place arrangements for ensuring that high risk construction work is carried out in accordance with the safe work method statement for the work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

If high risk construction work is not carried out in accordance with the safe work method statement for the work, the person must ensure that the work:

is stopped immediately or as soon as it is safe to do so; and

resumed only in accordance with the statement.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking that includes carrying out high risk construction work in connection with a construction project must, before the high risk construction work commences, ensure that a copy of the safe work method statement for the work is given to the principal contractor.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking must ensure that a safe work method statement is reviewed and, as necessary, revised if relevant control measures are revised under regulation 38.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

Subject to subregulation (2), a person conducting a business or undertaking must keep a copy of the safe work method statement until the high risk construction work to which it relates is completed.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If a notifiable incident occurs in connection with the high risk construction work to which the statement relates, the person must keep the statement for at least 2 years after the incident occurs.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must ensure that for the period for which the statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the high risk construction work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person must ensure that for the period for which the statement must be kept under this regulation, a copy is available for inspection under the Act.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

This regulation applies in relation to a part of a workplace where excavation work is being carried out and any adjacent areas.

A person with management or control of the workplace must take all reasonable steps to obtain current underground essential services information about the areas referred to in subregulation (1) before directing or allowing the excavation work to commence.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person with management or control of the workplace must provide the information obtained under subregulation (2) to any person engaged by the person to carry out the excavation work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person with management or control of the workplace and any person conducting a business or undertaking who is given information under subregulation (3) must have regard to the information referred to in subregulation (2) in carrying out or directing or allowing the carrying out of the excavation work.

Note 1: Legislation relating to the essential services may also impose duties on the person conducting the business or undertaking and the persons carrying out the work.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person with control or management of the workplace must ensure that the information referred to in subregulation (2) is available for inspection under the Act for the period specified in subregulation (6).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The information must be available:

if a notifiable incident occurs in connection with the excavation work to which the information relates—for at least 2 years after the incident occurs; and

in every other case—until the excavation work is completed.

In this regulation:

underground essential services means essential services that use pipes, cables or other associated plant located underground.

underground essential services information, in relation to proposed excavation work, means the following information about underground essential services that may be affected by the excavation:

the essential services that may be affected;

the location, including the depth, of any pipes, cables or other plant associated with the affected essential services;

any conditions on the proposed excavation work.

A person conducting a business or undertaking must manage risks to health and safety associated with excavation work, in accordance with Part 3.1.

Note: WHS Act—section 19 (see regulation 9).

The risks this regulation applies to include the following:

a person falling into an excavation;

a person being trapped by the collapse of an excavation;

a person working in an excavation being struck by a falling thing;

a person working in an excavation being exposed to an airborne contaminant.

In complying with subregulation (1), the person must have regard to all relevant matters, including the following:

the nature of the excavation;

the nature of the excavation work, including the range of possible methods of carrying out the work;

the means of entry into and exit from the excavation, if applicable.

A person conducting a business or undertaking, who proposes to excavate a trench at least 1·5 metres deep must ensure, so far as is reasonably practicable, that the work area is secured from unauthorised access (including inadvertent entry).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

In complying with subregulation (1), the person must have regard to all relevant matters, including:

risks to health and safety arising from unauthorised access to the work area; and

the likelihood of unauthorised access occurring.

In addition, the person must minimise the risk to any person arising from the collapse of the trench by ensuring that all sides of the trench are adequately supported by doing one or more of the following:

shoring by shielding or other comparable means;

benching;

battering.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

Subregulation (3) does not apply if the person receives written advice from a geotechnical engineer that all sides of the trench are safe from collapse.

An advice under subregulation (4):

may be subject to a condition that specified natural occurrences may create a risk of collapse; and

must state the period of time to which the advice applies.

A person conducting a business or undertaking must ensure that general construction induction training is provided to a worker engaged by the person who is to carry out construction work, if the worker:

has not successfully completed general construction induction training; or

successfully completed general construction induction training more than 2 years previously and has not carried out construction work in the preceding 2 years.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking must not direct or allow a worker to carry out construction work unless:

the worker has successfully completed general construction induction training; and

if the worker completed the training more than 2 years previously—the worker has carried out construction work in the preceding 2 years.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person conducting the business or undertaking must ensure that:

the worker holds a general construction induction training card; or

if the worker has applied for but not yet been issued with a general construction induction training card, the worker holds a general construction induction training certification, issued within the preceding 60 days.

In this Part (other than Division 2), a reference to a general construction induction training card includes a reference to a similar card issued under a corresponding WHS law.

Subregulation (1) does not apply to a card that is cancelled in the corresponding jurisdiction.

A person who has successfully completed general construction induction training may apply to the regulator for a general construction induction training card.

The application must be made in the manner and form required by the regulator.

The application must include the following information:

the applicant’s name and any other evidence of the applicant’s identity required by the regulator;

either:

a general construction induction training certification issued to the applicant; or

a written declaration by the person who provided the general construction induction training on behalf of the relevant RTO that the applicant has successfully completed general construction induction training.

The application must be accompanied by the relevant fee.

The application must be made:

within 60 days after the issue of the general construction induction training certification; or

if the application is accompanied by a declaration referred to in subparagraph (3)(b)(ii), at any time after completion of the general construction induction training.

The regulator must issue a general construction induction training card to the applicant if:

the application has been made in accordance with this regulation; and

the regulator is satisfied that the applicant has successfully completed general construction induction training.

The regulator must make a decision on the application as soon as practicable.

If the regulator has not decided on the application within 60 days, the applicant is taken to hold a general construction induction training card until a decision is made.

A general construction induction training card must:

state the following:

that the card holder has completed general construction induction training;

the name of the card holder;

the date on which the card was issued;

a unique identifying number;

that the card is issued in accordance with these Regulations; and

contain the card holder’s signature.

If a general construction induction training card issued by the regulator is lost, stolen or destroyed, the card holder may apply to the regulator for a replacement card.

Note: A card holder is required to keep the card available for inspection under regulation 326.

An application for a replacement general construction induction training card must be made in the manner and form required by the regulator.

The application must:

include a declaration about the circumstances in which the card was lost, stolen or destroyed; and

Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

be accompanied by the relevant fee.

The regulator may issue a replacement card if satisfied that the original general construction induction training card has been lost, stolen or destroyed.

The regulator may refuse to issue a general construction induction training card or a replacement general construction induction training card if satisfied that the applicant:

gave information that was false or misleading in a material particular; or

failed to give information that should have been given; or

produced a general construction induction training certification that had been obtained on the basis of the giving of false or misleading information by any person or body.

Note: A decision to refuse to issue or replace a general construction induction training card is a reviewable decision (see regulation 676).

The regulator may cancel a general construction induction training card issued by the regulator if satisfied that the card holder, when applying for the card:

gave information that was false or misleading in a material particular; or

failed to give information that should have been given; or

produced a general construction induction training certification that had been obtained on the basis of the giving of false or misleading information by any person or body.

Note: A decision to cancel a general construction induction training card is a reviewable decision (see regulation 676).

The regulator must, before cancelling a general construction induction training card, give the card holder:

written notice of the proposed cancellation that outlines all relevant allegations, facts and circumstances known to the regulator; and

a reasonable opportunity to make submissions to the regulator in relation to the proposed cancellation.

On cancelling a general induction card, the regulator must give the card holder a written notice of its decision, stating:

when the cancellation takes effect; and

the reasons for the cancellation; and

when the card must be returned to the regulator.

The regulator may enter into an agreement with an RTO that empowers the RTO to exercise the functions and powers of the regulator under regulations 319, 321 and 322, with any necessary alterations.

If an RTO with whom the regulator has entered an agreement under this regulation exercises functions and powers of the regulator in accordance with the agreement, the exercise of those functions and powers has the same effect as if they had been exercised by the regulator.

Without limiting subregulation (2):

a decision of an RTO in exercising a function or power of the regulator in accordance with the agreement is taken to be a decision of the regulator; and

a general construction induction training card issued by the RTO is taken to have been issued by the regulator.

Nothing in an agreement under this regulation prevents the regulator from exercising its functions and powers under this Division.

A worker carrying out construction work must keep available for inspection under the Act:

his or her general construction induction training card; or

in the circumstances set out in subregulation 319(5), a general induction training certification held by the worker, until a decision is made on the application for the general construction induction training card.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A card holder, on receiving a cancellation notice under subregulation 324(2), must return the card in accordance with the notice.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

(3) Paragraph (1)(a) does not apply if the card is not in the possession of the worker (the card holder) because:

it has been lost, stolen or destroyed; and

the card holder has applied for, but has not received, a replacement card under regulation 321.

A person who holds a general construction induction training card must not intentionally or recklessly alter the card.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

This Part applies to:

the use, handling and storage of hazardous chemicals at a workplace and the generation of hazardous substances at a workplace; and

a pipeline used to convey a hazardous chemical.

This Part does not apply to a pipeline if:

the pipeline is regulated under a relevant law of a State specified in a corresponding WHS law; or

if no relevant law of a State is specified in a corresponding WHS law—the pipeline is regulated under another law of the State.

This Part does not apply to hazardous chemicals and explosives being transported by road, rail, sea or air if the transport is regulated under a relevant law of a State specified in a corresponding WHS law.

This Part does not apply to the following hazardous chemicals in the circumstances described:

hazardous chemicals in batteries when incorporated in plant;

fuel, oils or coolants in a container fitted to a vehicle, vessel, aircraft, mobile plant, appliance or other device, if the fuel, oil or coolant is intended for use in the operation of the device;

fuel in the fuel container of a domestic or portable fuel burning appliance, if the quantity of fuel does not exceed 25 kilograms or 25 litres;

hazardous chemicals in portable firefighting or medical equipment for use in a workplace;

hazardous chemicals that form part of the integrated refrigeration system of refrigerated freight containers;

potable liquids that are consumer products at retail premises.

This Part, other than the following regulations and Schedule 7, does not apply to substances, mixtures or articles categorised only as explosives under the GHS:

regulation 329;

regulation 330;

regulation 339;

regulation 344;

regulation 345.

This Part does not apply to the following:

food and beverages within the meaning of the Food Standards Australia New Zealand Food Standards Code that are in a package and form intended for human consumption;

tobacco or products made of tobacco;

(c) therapeutic goods within the meaning of the Therapeutic Goods Act 1989 at the point of intentional intake by, or administration to, humans;

veterinary chemical products within the meaning of the Agvet Code at the point of intentional administration to animals.

A person conducting a business or undertaking at a workplace must ensure that an outer warning placard is prominently displayed at the workplace if the total quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals used, handled or stored at the workplace exceeds the placard quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

An outer warning placard must comply with Schedule 13.

This regulation does not apply to a workplace if:

the workplace is a retail outlet; and

the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is used to refuel a vehicle, and is either:

a flammable gas; or

a flammable liquid.

A person conducting a business or undertaking at a workplace must ensure that a placard is prominently displayed at the workplace if the total quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals stored at the workplace exceeds the placard quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A placard must comply with Schedule 13.

This regulation does not apply to a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals if:

the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is in bulk in a container, including an IBC, that is intended for transport and a placard is displayed on the container in accordance with the ADG Code; or

the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is a flammable liquid stored in an underground tank at a retail outlet and used to refuel a vehicle.

A person conducting a business or undertaking must ensure that health monitoring is provided to a worker carrying out work for the business or undertaking if:

the worker is carrying out ongoing work at a workplace using, handling, generating or storing hazardous chemicals and there is a significant risk to the worker’s health because of exposure to a hazardous chemical referred to in Schedule 14, table 14.1, column 2; or

the person identifies that because of ongoing work carried out by a worker using, handling, generating or storing hazardous chemicals there is a significant risk that the worker will be exposed to a hazardous chemical (other than a hazardous chemical referred to in Schedule 14, table 14.1) and either:

valid techniques are available to detect the effect on the worker’s health; or

a valid way of determining biological exposure to the hazardous chemical is available and it is uncertain, on reasonable grounds, whether the exposure to the hazardous chemical has resulted in the biological exposure standard being exceeded.

Note 1: The biological exposure standard is published by Safe Work Australia.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking who is required to provide health monitoring to a worker must give information about the health monitoring requirements to:

a person who is likely to be engaged to carry out work using, handling, generating or storing a hazardous chemical; and

a worker for the business or undertaking, before the worker commences work using, handling, generating or storing a hazardous chemical.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking must ensure that health monitoring of a worker referred to in regulation 368 includes health monitoring of a type referred to in an item in Schedule 14, table 14.1, column 3 in relation to a hazardous chemical referred to in column 2 for the item, unless:

an equal or better type of health monitoring is available; and

the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 368 is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must consult the worker in relation to the selection of the registered medical practitioner.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in regulation 368.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.

A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:

the name and address of the person conducting the business or undertaking;

the name and date of birth of the worker;

the work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring;

if the worker has started that work—how long the worker has been carrying out that work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking who commissions health monitoring referred to in regulation 368 must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The health monitoring report must include the following:

the name and date of birth of the worker;

the name and registration number of the registered medical practitioner;

the name and address of the person conducting the business or undertaking who commissioned the health monitoring;

the date of the health monitoring;

any test results that indicate whether or not the worker has been exposed to a hazardous chemical;

any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring;

any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring;

whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.

The person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking for whom a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains:

any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring; or

any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person who commissioned health monitoring for a worker under regulation 368 must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:

identified as a record in relation to the worker; and

for at least 30 years after the record is made.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker’s written consent.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

Subregulation (2) does not apply if the record is disclosed under regulation 376 or 377 or to a person who must keep the record confidential under a duty of professional confidentiality.

A person conducting a business or undertaking at a workplace must provide any supervision to a worker that is necessary to protect the worker from risks to the worker’s health and safety arising from the work if, at the workplace, the worker:

uses, handles, generates or stores a hazardous chemical; or

operates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical; or

is likely to be exposed to a hazardous chemical.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must ensure that the supervision of the worker is suitable and adequate having regard to:

the nature of the risks associated with the hazardous chemical; and

the information, training and instruction required under regulation 39.

Note: In addition, paragraph 19(3)(f) of the Act requires the provision of information, training, instruction and supervision.

A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a prohibited carcinogen referred to in Schedule 10, table 10.1, column 2 unless:

the prohibited carcinogen is used, handled or stored for genuine research or analysis; and

the regulator has authorised the use, handling or storage of the prohibited carcinogen under regulation 384.

Note: See section 43 of the Act.

A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a restricted carcinogen referred to in an item in Schedule 10, table 10.2, column 2 for a purpose referred to in column 3 for the item unless the regulator has authorised the use, handling or storage of the restricted carcinogen under regulation 384.

Note: See section 43 of the Act.

A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a restricted hazardous chemical referred to in an item in Schedule 10, table 10.3, column 2 for a purpose referred to in column 3 for the item.

A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, polychlorinated biphenyls (PCBs) unless the use, handling or storage is:

in relation to existing electrical equipment or construction material; or

for disposal purposes; or

for genuine research and analysis.

Note: See section 43 of the Act.

A person conducting a business or undertaking at a workplace may apply in writing to the regulator for authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen referred to in Schedule 10 at the workplace.

The application must include the following information:

the applicant’s name and business address;

if the applicant conducts the business or undertaking under a business name, that business name;

the name and address of the supplier of the carcinogen;

the address where the carcinogen will be used, handled or stored;

the name of the carcinogen;

the quantity of the carcinogen to be used, handled or stored at the workplace each year;

the purpose and activity for which the carcinogen will be used, handled or stored;

the number of workers that may be exposed to the carcinogen;

information about how the person will manage risks to health and safety, including a summary of the steps taken, or to be taken, by the person in relation to the following:

hazard identification;

control measures;

if elimination or substitution of the carcinogen is not reasonably practicable—why the elimination or substitution is not reasonably practicable;

any other information requested by the regulator.

If a person applies under regulation 383, the regulator may grant an authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen under this regulation.

The regulator may authorise the person to use, handle or store a prohibited carcinogen referred to in an item in Schedule 10, table 10.1 at the workplace only if the carcinogen will be used, handled or stored only for genuine research or analysis.

The regulator may authorise the person to use, handle or store a restricted carcinogen referred to in an item in Schedule 10, table 10.2 at the workplace only if the carcinogen will be used, handled or stored only for a use referred to in column 3 for the item.

The regulator may impose any conditions on the authorisation that the regulator considers necessary to achieve the objectives of the Act or these Regulations.

The regulator must refuse to authorise the use, handling or storage of the carcinogen for a use not referred to in this regulation.

Note: A decision to refuse an authorisation is a reviewable decision (see regulation 676).

A person who applies under regulation 383 for authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen must give the regulator written notice of any change in the information given in the application before the change or as soon as practicable after the person becomes aware of the change.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The regulator may cancel an authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen given under regulation 384 if satisfied that:

the person granted the authorisation has not complied with a condition on the authorisation; or

the risk to the health or safety of a worker that may be affected by using, handling or storing the carcinogen has changed since the authorisation was granted.

Note: A decision to cancel an authorisation is a reviewable decision (see regulation 676).

This regulation applies if:

a person conducting a business or undertaking at a workplace is authorised under regulation 384 to use, handle or store a prohibited carcinogen or restricted carcinogen at the workplace; and

a worker uses, handles or stores the prohibited carcinogen or restricted carcinogen at the workplace.

This regulation applies whether or not the person conducting the business or undertaking is required to be authorised by the regulator to use handle or store the prohibited or restricted carcinogen.

Note: Under regulation 749, the duty to be authorised does not apply until 1 January 2013.

The person must give to the worker, at the end of the worker’s engagement by the person, a written statement of the following:

the name of the prohibited or restricted carcinogen to which the worker may have been exposed during the engagement;

the time the worker may have been exposed;

how and where the worker may obtain records of the possible exposure;

whether the worker should undertake regular health assessments, and the relevant tests to undertake.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

This regulation applies if a person conducting a business or undertaking at a workplace is authorised under regulation 384 to use, handle or store a prohibited carcinogen or restricted carcinogen at the workplace.

The person must:

record the full name, date of birth and address of each worker likely to be exposed to the prohibited carcinogen or restricted carcinogen during the period of authorisation; and

keep a copy of each authorisation given to the person including any conditions imposed on the authorisation.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The person must keep the records for 30 years after the authorisation ends.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The owner of a pipeline used to transfer hazardous chemicals must manage risks associated with the transfer of the hazardous chemicals through that pipeline.

Example: Risks associated with the testing, installation, commissioning, operation, maintenance and decommissioning of the pipeline.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The owner of a pipeline used to transfer hazardous chemicals must ensure, so far as is reasonably practicable, that an activity, structure, equipment or substance that is not part of the pipeline does not affect the hazardous chemicals or the pipeline in a way that increases risk.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This regulation applies to a person who intends to build a pipeline that will:

cross into a public place; and

be used to transfer a Schedule 11 hazardous chemical.

The person must ensure that, before the building of the pipeline commences, the regulator is given the following information:

the name of the pipeline’s intended owner and operator;

the pipeline’s specifications;

the intended procedures for the operation, maintenance, renewal and relaying of the pipeline;

any public place that the pipeline will cross;

the intended emergency response procedures.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must ensure that the regulator is given the information in the following circumstances:

before the pipeline is commissioned;

before the pipeline is likely to contain a hazardous chemical;

if there is any change in the information given under subregulation (2)—when the information changes;

if part of the pipeline is to be repaired—before the pipeline is repaired;

if part of the pipeline is removed, decommissioned, closed or abandoned—when the removal, decommissioning, closure or abandonment occurs.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

(1) A person conducting a business or undertaking at a workplace who is the operator of a pipeline (the operator) used to transfer hazardous chemicals must manage, in accordance with Part 3.1, risks to health and safety associated with the transfer of the hazardous chemicals through the pipeline.

Note: WHS Act—section 19 (see regulation 9).

The operator of a pipeline used to transfer a hazardous chemical must ensure, so far as is reasonably practicable, that the hazardous chemical transferred is identified by a label, sign or another way on or near the pipeline.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The operator of a pipeline that transfers a Schedule 11 hazardous chemical into a public place must ensure that the regulator is notified of:

the supplier of the hazardous chemical; and

the receiver of the hazardous chemical; and

the correct classification of the hazardous chemical.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

In this Part, a lead process consists of any of the following carried out at a workplace:

work that exposes a person to lead dust or lead fumes arising from the manufacture or handling of dry lead compounds;

work in connection with the manufacture, assembly, handling or repair of, or parts of, batteries containing lead that involves the manipulation of dry lead compounds, or pasting or casting lead;

breaking up or dismantling batteries containing lead, or sorting, packing and handling plates or other parts containing lead that are removed or recovered from the batteries;

spraying molten lead metal or alloys containing more than 5% by weight of lead metal;

melting or casting lead alloys containing more than 5% by weight of lead metal in which the temperature of the molten material exceeds 450° C;

recovering lead from its ores, oxides or other compounds by thermal reduction process;

dry machine grinding, discing, buffing or cutting by power tools alloys containing more than 5% by weight of lead metal;

machine sanding or buffing surfaces coated with paint containing more than 1% by dry weight of lead;

a process by which electric arc, oxyacetylene, oxy gas, plasma arc or a flame is applied for welding, cutting or cleaning, to the surface of metal coated with lead or paint containing more than 1% by dry weight of lead metal;

radiator repairs that may cause exposure to lead dust or lead fumes;

fire assays if lead, lead compounds or lead alloys are used;

hand grinding and finishing lead or alloys containing more than 50% by dry weight of lead;

spray painting with lead paint containing more than 1% by dry weight of lead;

melting lead metal or alloys containing more than 50% by weight of lead metal if the exposed surface area of the molten material exceeds 0.1 square metre and the temperature of the molten material does not exceed 450° C;

using a power tool, including abrasive blasting and high pressure water jets, to remove a surface coated with paint containing more than 1% by dry weight of lead and handling waste containing lead resulting from the removal;

a process that exposes a person to lead dust or lead fumes arising from manufacturing or testing detonators or other explosives that contain lead;

a process that exposes a person to lead dust or lead fumes arising from firing weapons at an indoor firing range;

foundry processes involving:

melting or casting lead alloys containing more than 1% by weight of lead metal in which the temperature of the molten material exceeds 450° C; or

dry machine grinding, discing, buffing or cutting by power tools lead alloys containing more than 1% by weight of lead metal;

a process decided by the regulator to be a lead process under regulation 393.

The regulator may decide that a process to be carried out at a workplace is a lead process.

The regulator must not decide that the process is a lead process unless the regulator is satisfied on reasonable grounds that the process creates a risk to the health of a worker at the workplace having regard to blood lead levels of workers, or airborne lead levels, at the workplace.

Note: A decision that a process is a lead process is a reviewable decision (see regulation 676).

The regulator must, within 14 days after a decision is made under subregulation (1), give written notice of the decision to the person conducting a business or undertaking at the workplace.

In this Part, lead risk work means work carried out in a lead process that is likely to cause the blood lead level of a worker carrying out the work to exceed:

for a female of reproductive capacity—5μg/dL (0.24µmol/L); or

in any other case—20µg/dL (0.97µmol/L).

A person conducting a business or undertaking that carries out a lead process must give information about the lead process to:

a person who is likely to be engaged to carry out the lead process—before the person is engaged; and

a worker for the business or undertaking—before the worker commences the lead process.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

If work is identified as lead risk work after a worker commences the work, the person conducting a business or undertaking must give information about the lead process to the worker as soon as practicable after it is identified as lead risk work and before health monitoring of the worker is provided under Division 4 of this Part.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The information that must be given is:

information about the health risks and toxic effects associated with exposure to lead; and

if the lead process involves lead risk work—the need for, and details of, health monitoring under Division 4 of this Part.

A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that contamination by lead is confined to a lead process area at the workplace.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a lead process area at the workplace is kept clean.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must ensure that the methods used to clean a lead process area:

do not create a risk to the health of persons in the immediate vicinity of the area; and

do not have the potential to spread the contamination of lead.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must take all reasonable steps to ensure that a person does not eat, drink, chew gum, smoke or carry materials used for smoking in a lead process area at the workplace.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must provide workers with an eating and drinking area that, so far as is reasonably practicable, cannot be contaminated with lead from a lead process.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking at a workplace must provide and maintain in good working order changing rooms and washing, showering and toilet facilities at the workplace so as to:

minimise secondary lead exposure from contaminated clothing; and

minimise ingestion of lead; and

avoid the spread of lead contamination.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must ensure, so far as is reasonably practicable, that workers at the workplace remove clothing and equipment that is or is likely to be contaminated with lead, and wash their hands and faces, before entering an eating or drinking area at the workplace.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must ensure that personal protective equipment that is likely to be contaminated with lead dust:

is sealed in a container before being removed from the lead process area; and

so far as is reasonably practicable, is disposed of on the completion of the lead process work at a site equipped to accept lead-contaminated equipment; and

if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:

is laundered at a laundry, whether on-site or off-site, equipped to launder lead-contaminated clothing; or

if it is not practicable to launder the clothing—is kept in the sealed container until it is re-used for lead process work; and

if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:

is decontaminated before it is removed from the lead process area; or

if it is not practicable to decontaminate the equipment in the lead process area—is kept in the sealed container until it is re-used for lead process work.

Example: Work boots.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must ensure that a sealed container referred to in subregulation (1) is decontaminated before being removed from the lead process area.

Note 1: Regulation 335 also requires the container to be labelled to indicate the presence of lead.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must take all reasonable steps to ensure that clothing contaminated with lead-dust is not removed from the workplace unless it is to be:

laundered in accordance with this regulation; or

disposed of.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must ensure that any measures implemented to control health risks from exposure to lead at the workplace are reviewed and, as necessary, revised in the following circumstances:

a worker is removed from carrying out lead risk work at the workplace under regulation 415;

the person obtains a health monitoring report for a worker under Division 4 that contains:

test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under regulation 415; and

any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring; and

any recommendation that the person conducting the business or undertaking take remedial measures, including a recommendation that the worker be removed from carrying out lead risk work at the workplace;

the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

Examples:

1   Results of any monitoring.

2   A notifiable incident occurs because of the risk.

before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control;

a new relevant hazard or risk is identified;

the results of consultation by the person under the Act or these Regulations indicate that a review is necessary;

a health and safety representative requests a review under subregulation (3);

the regulator requires the review;

at least once every 5 years.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

Without limiting paragraph (1)(d), a change at the workplace includes:

a change to the workplace itself or any aspect of the work environment; or

a change to a system of work, a process or a procedure.

A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that:

a circumstance referred to in paragraph (1)(a), (b), (c), (d), (e) or (f) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

the duty holder has not adequately reviewed the control measure in response to the circumstance.

A person conducting a business or undertaking at a workplace must assess each lead process carried out by the business or undertaking at the workplace to determine if lead risk work is carried out in the process.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

In assessing a lead process, the person must have regard to the following:

past biological monitoring results of workers;

airborne lead levels;

the form of lead used;

the tasks and processes required to be undertaken with lead;

the likely duration and frequency of exposure to lead;

possible routes of exposure to lead;

any information about incidents, illnesses or diseases in relation to the use of lead at the workplace.

In assessing a lead process, the person must not have regard to the effect of using personal protective equipment on the health and safety of workers at the workplace.

If a person conducting a business or undertaking at a workplace is unable to determine whether lead risk work is carried out in a lead process at the workplace, the process is taken to include lead risk work until the person determines that lead risk work is not carried out in the process.

Subject to subregulation (5), if a person conducting a business or undertaking at a workplace determines that work at the workplace is lead risk work, the person must give the regulator written notice within 7 days that the work is lead risk work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A notice under this regulation must state the kind of lead process being carried out that includes the lead risk work.

The person must:

keep a copy of the notice given to the regulator while the lead risk work is carried out at the workplace; and

ensure that a copy of the notice is readily accessible to a worker who is likely to be exposed to lead, and the worker’s health and safety representative.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

Subregulation (5) applies to an emergency service organisation in relation to work carried out by an emergency service worker who, at the direction of the emergency service organisation, is:

rescuing a person; or

providing first aid to a person.

The emergency service organisation must give notice under subregulation (1) as soon as practicable after determining that the work is lead risk work.

A person conducting a business or undertaking at a workplace must give the regulator written notice of any change in the information given in a notice under regulation 403 before the change or as soon as practicable after the person becomes aware of the change.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must:

keep a copy of the notice given to the regulator while the lead risk work is carried out at the workplace; and

ensure that a copy of the notice is readily accessible to a worker who is likely to be exposed to lead, and the worker’s health and safety representative.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking at a workplace must ensure that health monitoring is provided to a worker:

before the worker first commences lead risk work for the person; and

1 month after the worker first commences lead risk work for the person.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

If work is identified as lead risk work after a worker commences the work, the person conducting the business or undertaking must ensure that health monitoring of the worker is provided:

as soon as practicable after the lead risk work is identified; and

1 month after the first monitoring of the worker under paragraph (a).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

Subject to regulation 407, a person conducting a business or undertaking must ensure that health monitoring of a worker referred to in regulation 405 includes health monitoring of a type referred to in an item in Schedule 14, table 14.2 unless:

an equal or better type of health monitoring is available; and

the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking at a workplace must arrange for biological monitoring of each worker who carries out lead risk work for the person to be carried out at the following times:

for females not of reproductive capacity and males:

if the last monitoring shows a blood lead level of less than 10µg/dL (0.48µmol/L)—6 months after the last biological monitoring of the worker; or

if the last monitoring shows a blood lead level of 10µg/dL (0.48µmol/L) or more but less than 20µg/dL (0.97µmol/L)—3 months after the last biological monitoring of the worker; or

if the last monitoring shows a blood lead level of 20µg/dL (0.97µmol/L) or more—6 weeks after the last biological monitoring of the worker;

for females of reproductive capacity:

if the last monitoring shows a blood lead level of less than 5µg/dL (0.24µmol/L)—3 months after the last biological monitoring of the worker; or

if the last monitoring shows a blood lead level of 5µg/dL (0.24µmol/L) or more but less than 10µg/dL (0.48µmol/L)—6 weeks after the last biological monitoring of the worker.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must increase the frequency of biological monitoring of a worker who carries out lead risk work if the worker carries out an activity that is likely to significantly change the nature or increase the duration or frequency of the worker’s lead exposure.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The regulator may determine a different frequency for biological monitoring of workers at a workplace, or a class of workers, carrying out lead risk work having regard to:

the nature of the work and the likely duration and frequency of the workers’ lead exposure; and

the likelihood that the blood lead level of the workers will significantly increase.

The regulator must give a person conducting a business or undertaking written notice of a determination under subregulation (3) within 14 days after making the determination.

The person conducting a business or undertaking at the workplace must arrange for biological monitoring to be carried out at the frequency stated in a determination notified to the person under subregulation (4).

Note 1: A determination of a different frequency for biological monitoring is a reviewable decision (see regulation 676).

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in this Division is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must consult the worker in relation to the selection of the registered medical practitioner.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in this Division.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.

A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:

the name and address of the person conducting the business or undertaking;

the name and date of birth of the worker;

the lead risk work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring;

if the worker has started that work, how long the worker has been carrying out that work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking who commissioned health monitoring referred to in this Division must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The health monitoring report must include the following:

the name and date of birth of the worker;

the name and registration number of the registered medical practitioner;

the name and address of the person conducting the business or undertaking who commissioned the health monitoring;

the date of health monitoring;

if a blood sample is taken—the date the blood sample is taken;

the results of biological monitoring that indicate blood lead levels in the worker’s body;

the name of the pathology service used to carry out tests;

any test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under regulation 415;

any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring;

any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring;

Note: The duty under regulation 415 to remove a worker from carrying out lead risk work applies even if there is no recommendation of a registered medical practitioner to do so.

whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.

A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to the worker to the regulator as soon as practicable after obtaining the report if the report contains:

test results that indicate that the worker has reached or exceeded the relevant blood lead level for that person under regulation 415;

any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring;

any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work that triggered the requirement for health monitoring.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking who commissioned health monitoring for a worker under this Division must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking for which a worker is carrying out work must immediately remove the worker from carrying out lead risk work if following health monitoring:

biological monitoring of the worker shows that the worker’s blood lead level is, or is more than:

for females not of reproductive capacity and males—30µg/dL (1.45µmol/L); or

for females of reproductive capacity—10µg/dL (0.48µmol/L); or

the registered medical practitioner who supervised the health monitoring recommends that the worker be removed from carrying out the lead risk work; or

there is an indication that a risk control measure has failed and, as a result, the worker’s blood lead level is likely to reach the relevant level for the worker referred to in paragraph (a).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must notify the regulator as soon as practicable if a worker is removed from carrying out lead risk work under subregulation (1).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

This regulation applies if a worker is removed from carrying out lead risk work under regulation 415.

The person conducting the business or undertaking who removes the worker from carrying out lead risk work must arrange for the worker to be medically examined by a registered medical practitioner with experience in health monitoring within 7 days after the day the worker is removed.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must consult the worker in the selection of the registered medical practitioner.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This regulation applies if:

a worker is removed from carrying out lead risk work under regulation 415; and

the person conducting a business or undertaking at the workplace who removed the worker expects the worker to return to carrying out lead risk work at the workplace.

The person conducting the business or undertaking must arrange for health monitoring under the supervision of a registered medical practitioner with experience in health monitoring at a frequency decided by the practitioner to determine whether the worker’s blood lead level is low enough for the worker to return to carrying out lead risk work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person conducting the business or undertaking must ensure that the worker does not return to carrying out lead risk work until:

the worker’s blood lead level is less than:

for females not of reproductive capacity and males—20µg/dL (0.97µmol/L); or

for females of reproductive capacity—5µg/dL (0.24µmol/L); and

a registered medical practitioner with experience in health monitoring is satisfied that the worker is fit to return to carrying out lead risk work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:

identified as a record in relation to the worker; and

for at least 30 years after the record is made.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker’s written consent.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

Subregulation (2) does not apply if the record is disclosed under regulation 412, 413 or 414 or to a person who must keep the record confidential under a duty of professional confidentiality.

A person conducting a business or undertaking must ensure that health monitoring is provided, in accordance with regulation 436, to a worker carrying out work for the business or undertaking if the worker is:

carrying out licensed asbestos removal work at a workplace and is at risk of exposure to asbestos when carrying out the work; or

is carrying out other ongoing asbestos removal work or asbestos-related work and is at risk of exposure to asbestos when carrying out the work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

For paragraph (1)(a), the person must ensure that the health monitoring of the worker commences before the worker carries out licensed asbestos removal work.

The person must ensure that the worker is informed of any health monitoring requirements before the worker carries out any work that may expose the worker to asbestos.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 435 includes:

consideration of:

the worker’s demographic, medical and occupational history; and

records of the worker’s personal exposure; and

a physical examination of the worker, unless another type of health monitoring is recommended by a registered medical practitioner.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 435 is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The person must consult the worker in relation to the selection of the registered medical practitioner.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in regulation 435.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:

the name and address of the person conducting the business or undertaking;

the name and date of birth of the worker;

the work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring;

if the worker has started that work, how long the worker has been carrying out that work.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A person conducting a business or undertaking who commissioned health monitoring referred to in regulation 435 must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The health monitoring report must include the following:

the name and date of birth of the worker;

the name and registration number of the registered medical practitioner;

the name and address of the person conducting the business or undertaking who commissioned the health monitoring;

the date of health monitoring;

any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring;

any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring;

whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.

A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains:

any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; or

any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work referred to in regulation 435.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:

identified as a record in relation to the worker; and

for at least 40 years after the record is made.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker’s written consent.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

Subregulation (2) does not apply if the record is disclosed under regulation 442 or 443 or to a person who must keep the record confidential under a duty of professional confidentiality.

In addition to the training required by Division 1 of Part 3.2, a person conducting a business or undertaking must ensure that workers engaged by the person, whom the person reasonably believes may be involved in asbestos removal work or in the carrying out of asbestos-related work, are trained in the identification and safe handling of, and suitable control measures for, asbestos and ACM.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

This regulation does not apply in relation to a worker referred to in regulation 460.

The person must ensure that a record is kept of the training undertaken by the worker:

while the worker is carrying out the work; and

for 5 years after the day the worker ceases working for the person.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The person must keep the record available for inspection under the Act.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A person conducting a business or undertaking must not use, or direct or allow a worker to use, either of the following on asbestos or ACM:

high-pressure water spray;

compressed air.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

Paragraph (1)(a) does not apply to the use of a high pressure water spray for fire fighting or fire protection purposes.

A person conducting a business or undertaking must not use, or direct or allow a worker to use, any of the following equipment on asbestos or ACM unless the use of the equipment is controlled:

power tools;

brooms;

any other implements that cause the release of airborne asbestos into the atmosphere.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

(4) In subregulation (3), the use of equipment is controlled if:

the equipment is enclosed during its use; or

the equipment is designed to capture or suppress airborne asbestos and is used in accordance with its design; or

the equipment is used in a way that is designed to capture or suppress airborne asbestos safely; or

any combination of paragraphs (a), (b) and (c) applies.

A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class A asbestos removal licence:

friable asbestos;

except as provided in regulation 486, ACD.

Note: See subsection 43(1) of the Act.

A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class A asbestos removal licence:

friable asbestos;

except as provided in regulation 486, ACD.

Note: See subsection 43(2) of the Act.

A Class A asbestos removal licence is not required for the removal of ACD that:

is associated with the removal of non-friable asbestos; or

is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class B asbestos removal licence or a Class A asbestos removal licence:

more than 10 square metres of non-friable asbestos or ACM;

ACD associated with the removal of more than 10 square metres of non-friable asbestos or ACM.

Note: See subsection 43(1) of the Act.

A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class B asbestos removal licence or a Class A asbestos removal licence:

more than 10 square metres of non-friable asbestos or ACM;

ACD associated with the removal of more than 10 square metres of non-friable asbestos or ACM.

Note: See subsection 43(2) of the Act.

In this Division, a reference to an asbestos removal licence includes a reference to an equivalent licence:

granted under a corresponding WHS law; and

that is being used in accordance with the terms and conditions under which it was granted.

Subregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

A person must not carry out the following at a workplace unless the person holds an asbestos assessor licence:

air monitoring during Class A asbestos removal work;

clearance inspections for Class A asbestos removal work;

issuing clearance certificates in relation to Class A asbestos removal work.

Note: See subsection 43(1) of the Act.

In this Division:

asbestos assessor licence means a licence that is:

granted under a corresponding WHS law; and

being used in accordance with the terms and conditions under which it was granted.

Subregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

Only a person who conducts, or proposes to conduct, a business or undertaking may apply for an asbestos removal licence.

An application for an asbestos removal licence must be made in the manner and form required by the regulator.

The application must include the following information:

the name and address of the applicant;

if required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator;

any other evidence of the applicant’s identity required by the regulator;

the class of licence to which the application relates;

if the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name;

a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law;

if the applicant is an individual:

a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these Regulations or under any corresponding WHS law; and

details of any conviction or finding of guilt declared under subparagraph (i); and

a declaration as to whether or not the applicant has been convicted or found guilty of any offence in relation to the unlawful disposal of hazardous waste under a law of the Commonwealth, a State or a Territory dealing with environmental protection; and

details of any conviction or finding of guilt declared under subparagraph (iii); and

a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; and

details of any enforceable undertaking declared under subparagraph (v); and

if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal; and

if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration:

(A) describing any condition imposed on that licence; and

(B) stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence; and

(C) giving details of any suspension, cancellation or disqualification;

if the applicant is a body corporate, the information referred to in paragraph (f) in relation to:

the body corporate; and

each officer of the body corporate;

the additional information referred to in regulation 493 or 494, as applicable.

Note 1: See Criminal Code for offences relating to the giving of false or misleading information under the Act or these Regulations.Part 7.4 of the

Note 2: Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.Division 3 of Part VIIC of the

The application must be accompanied by the relevant fee (if any).

For the purposes of paragraph 492(2)(h), an application for a Class A asbestos removal licence must include the following:

the names of one or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence;

evidence, as required by the regulator, that each named supervisor is at least 18 years of age;

a copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work;

evidence that each named supervisor has at least 3 years of relevant industry experience;

evidence that the applicant has a certified safety management system in place.

If the applicant is an individual who proposes to supervise the carrying out of the Class A asbestos removal work, the statement and information referred to in paragraphs (1)(b), (c) and (d) must relate to the applicant.

For the purposes of paragraph 492(2)(h), an application for a Class B asbestos removal licence must include the following:

the name of one or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence;

evidence, as required by the regulator, that each named supervisor is at least 18 years of age;

a copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work;

evidence that each named supervisor has at least one year of relevant industry experience.

If the applicant is an individual who proposes to supervise the carrying out of the Class B asbestos removal work, the statement and information referred to in paragraphs (1)(b), (c) and (d) must relate to the applicant.

If an application for a licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.

A request for additional information must:

specify the date (not being less than 28 days after the request) by which the additional information is to be given; and

be confirmed in writing.

If an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.

The regulator may make more than one request for additional information.

Subject to subregulation (3), the regulator must grant an asbestos removal licence if satisfied about:

the matters referred to in subregulation (2); and

the additional matters referred to in regulation 498 or 499, as applicable.

The regulator must be satisfied about the following:

the application has been made in accordance with these Regulations;

the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal;

either:

the applicant is the Commonwealth, a public authority or a non-Commonwealth licensee; or

the regulator is satisfied that circumstances exist that justify the grant of the licence;

the applicant is able to ensure that the work or other activities to which the licence relates are carried out safely and competently;

the applicant is able to ensure compliance with any conditions that will apply to the licence.

The regulator must refuse to grant a licence if satisfied that:

the applicant is disqualified under a corresponding WHS law from holding an equivalent licence; or

the applicant, in making the application, has:

given information that is false or misleading in a material particular; or

failed to give any material information that should have been given.

If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.

If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 496, the regulator is taken to have refused to grant the licence applied for.

Note: A refusal to grant a licence (including under subregulation (5)) is a reviewable decision (see regulation 676).

For the purposes of paragraph 497(1)(b), in relation to a Class A asbestos removal licence, the regulator must be satisfied that:

each supervisor named by the applicant:

is at least 18 years of age; and

holds a certification for:

(A) the specified VET course for the supervision of asbestos removal work; and

(B) the specified VET course for the Class A asbestos removal work; and

has at least 3 years of relevant industry experience; and

the applicant has a certified safety management system in place.

For the purposes of paragraph 497(1)(b), in relation to a Class B asbestos removal licence the regulator must be satisfied that each supervisor named by the applicant:

is at least 18 years of age; and

holds a certification for:

the specified VET course for the supervision of asbestos removal work; and

the specified VET course for the Class B asbestos removal work; and

has at least one year of relevant industry experience.

For the purposes of paragraphs 497(2)(e) and (f), the regulator must have regard to all relevant matters, including the following:

any offence under the Act or these Regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty;

any offence in relation to the unlawful disposal of hazardous waste under a law of the Commonwealth, a State or a Territory dealing with environmental protection of which the applicant has been convicted or found guilty;

any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;

in relation to any equivalent licence applied for or held by the applicant under the Act or these Regulations or under a corresponding WHS law:

any refusal to grant the licence; and

any condition imposed on the licence, if granted; and

any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

the record of the applicant in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.

Note: Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.Division 3 of Part VIIC of the

For the purposes of paragraphs 497(2)(e) and (f), if the applicant is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (1), in relation to:

the body corporate; and

each officer of the body corporate.

If the regulator proposes to refuse to grant a licence, the regulator must give the applicant a written notice:

informing the applicant of the reasons for the proposed refusal; and

advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

After the date specified in a notice under subregulation (1), the regulator must:

if the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission; and

whether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence; and

within 14 days after making the decision, give the applicant written notice of the decision, including the reasons for the decision.

Note: A refusal to grant a licence is a reviewable decision (see regulation 676).

The regulator may impose any conditions it considers appropriate on an asbestos removal licence.

Without limiting subregulation (1), the regulator may impose conditions in relation to one or more of the following:

control measures which must be implemented in relation to the carrying out of work or activities under the licence;

the recording or keeping of information;

requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence;

the provision of information to the regulator;

the nature of work or activities authorised by the licence;

the circumstances in which work or activities authorised by the licence may be carried out.

Note 1: A person must comply with the conditions of a licence (see section 45 of the Act).

Note 2: A decision to impose a condition on a licence is a reviewable decision (see regulation 676).

Subject to this Part, an asbestos removal licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.

If the regulator grants an asbestos removal licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.

The licence document must include the following:

the name of the licence holder;

if the licence holder conducts the business or undertaking under a business name—that business name;

the class of asbestos removal licence and a description of the work within the scope of the licence;

any conditions imposed on the licence by the regulator;

the date on which the licence was granted;

the expiry date of the licence.

A licence holder must keep the licence document available for inspection under the Act.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

Subregulation (1) does not apply if the licence document is not in the licence holder’s possession because:

it has been returned to the regulator under regulation 512; and

the licence holder has applied for, but has not received, a replacement licence document under regulation 513.

The licence holder of an asbestos removal licence must give the regulator written notice of any change to any material particular in any information given at any time by the licence holder to the regulator in relation to the licence within 14 days after the licence holder becomes aware of the change.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

Subregulation (1) applies whether the information was given in the application for grant or renewal of the licence or in any other circumstance.

If there is a change in relation to a supervisor named to the regulator by the holder of an asbestos removal licence (other than a licence holder who is an individual), the licence holder must:

if the change is to remove a supervisor—within 14 days after the change, ask the regulator to amend the licence under regulation 509 to make that change; and

if the change is to add a supervisor—give the regulator the information about the supervisor referred to in regulation 498 or 499.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If the change referred to in subregulation (1) is to add a supervisor, that supervisor is not a nominated supervisor for the purposes of these Regulations until the regulator has approved the nomination.

The regulator may, on its own initiative, amend an asbestos removal licence, including by amending the licence to:

vary or delete a condition of the licence; or

impose a new condition on the licence.

If the regulator proposes to amend a licence, the regulator must give the licence holder written notice:

setting out the proposed amendment and the reasons for it; and

advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment.

After the date specified in a notice under subregulation (2), the regulator must:

if the licence holder has made a submission in relation to the proposed amendment—consider that submission; and

whether or not the licence holder has made a submission—decide:

to make the proposed amendment; or

not to make any amendment; or

to make a different amendment that results from consideration of any submission made by the licence holder; and

within 14 days after making that decision, give the licence holder written notice that:

sets out the amendment, if any, or states that no amendment is to be made; and

if a submission was made in relation to the proposed amendment—sets out the regulator’s reasons for making the amendment; and

specifies the date (being not less than the 28 days after the licence holder is given the notice) on which the amendment, if any, takes effect.

Note: A decision to amend a licence is a reviewable decision (see regulation 676).

The regulator, on application by the licence holder, may amend an asbestos removal licence, including by amending the licence to vary or delete a condition of the licence.

If the regulator proposes to refuse to amend the licence, the regulator must give the licence holder a written notice:

informing the licence holder of the proposed refusal to amend the licence and the reasons for the proposed refusal; and

advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

After the date specified in a notice under subregulation (2), the regulator must:

if the licence holder has made a submission in relation to the proposed refusal—consider that submission; and

whether or not the licence holder has made a submission—decide:

to make the amendment applied for; or

not to make any amendment; or

to make a different amendment that results from consideration of any submission made by the licence holder; and

within 14 days after making that decision, give the licence holder written notice of the decision in accordance with this regulation.

If the regulator makes the amendment applied for, the notice under paragraph (3)(c) must specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.

If the regulator refuses to make the amendment applied for or makes a different amendment, the notice under paragraph (3)(c) must:

if a submission was made in relation to the proposed refusal of the amendment applied for—set out the reasons for the regulator’s decision; and

if the regulator makes a different amendment:

set out the amendment; and

specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.

Note: A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation 676).

The regulator may make minor amendments to a licence, including an amendment:

to correct an obvious error; or

to change an address; or

that does not impose a significant burden on the licence holder.

If the regulator amends an asbestos removal licence and considers that the licence document requires amendment, the regulator must give the licence holder an amended licence document within 14 days after making the decision to amend the licence.

The holder of an asbestos removal licence that has been amended must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

A licence holder of an asbestos removal licence must notify the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.

Note: A licence holder is required to keep the licence document available for inspection (see regulation 505).

An application for a replacement licence document must be made in the manner and form required by the regulator.

The application must:

include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

be accompanied by the relevant fee (if any).

Note: For paragraph (a), see Criminal Code for offences relating to the giving of false or misleading information under the Act or these Regulations.Part 7.4 of the

The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.

If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note: A refusal to issue a replacement licence document is a reviewable decision (see regulation 676).

A licence holder may voluntarily surrender the licence document to the regulator.

The licence expires on the surrender of the licence document.

The regulator may renew an asbestos removal licence on application by the licence holder.

An application for renewal of an asbestos removal licence must be made in the manner and form required by the regulator.

The application must include the following information:

the name and address of the applicant;

if required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator;

any other evidence of the applicant’s identity required by the regulator;

written evidence that the applicant has obtained any retraining or reassessment or taken any other action required under regulation 502;

a declaration by the applicant that the applicant or a supervisor named by the applicant, as applicable, has maintained the competency required to carry out the work covered by the licence.

Note: See Criminal Code for offences relating to the giving of false or misleading information under the Act or these Regulations.Part 7.4 of the

The application must be accompanied by the relevant fee (if any).

The application must be made before the expiry of the licence.

For the purposes of this Division:

regulation 496 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and

regulations 497 (except subregulation (5)), 500, 502 and 503 apply as if a reference in those regulations to the grant of a licence were a reference to the renewal of a licence; and

regulation 501 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence.

The regulator must not renew an asbestos removal licence unless the regulator is satisfied about the matters referred to in regulation 518.

The regulator must not renew an asbestos removal licence granted to a person under a corresponding WHS law if that licence is renewed under that law.

If a licence holder applies under regulation 516 for the renewal of an asbestos removal licence, the licence is taken to continue in force from the day it would, apart from this subregulation, have expired until the licence holder is given notice of the decision on the application.

Note: A refusal to renew a licence is a reviewable decision (see regulation 676).

For the purposes of regulation 517, the regulator must not renew an asbestos removal licence unless satisfied that:

each supervisor named by the applicant:

holds a certification for the specified VET course for supervision of the asbestos removal work to be authorised by the licence; and

has appropriate experience in the asbestos removal work to be authorised by the licence; and

asbestos removal work of the type authorised by the licence has been carried out on behalf of the applicant during the term of the licence.

This regulation applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.

If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:

the expiry of the licence;

the end of the time for applying for an internal review.

If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:

the licence holder withdraws the application for review;

the regulator makes a decision on the review.

If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.

If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:

the licence holder withdraws the application for review;

the Administrative Review Tribunal makes a decision on the review.

The licence continues to have effect under this regulation even if its expiry date passes.

The regulator may suspend or cancel an asbestos removal licence if satisfied about one or more of the following:

the licence holder has failed to ensure that the work or other activities authorised by the licence are carried out safely and competently;

the licence holder has failed to ensure compliance with a condition of the licence, including a condition requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence;

the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information:

gave information that was false or misleading in a material particular; or

failed to give any material information that should have been given in that application or on that request;

the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body;

in relation to a Class A asbestos removal licence—the licence holder has failed to have a certified safety management system in place.

It is a ground for the suspension or cancellation of an asbestos removal licence if the licence holder does not have a qualified nominated asbestos removal supervisor.

Note: Regulation 507 provides for a licence holder to notify the regulator of any change in a nominated supervisor.

For the purposes of paragraph (1)(b), a licence holder complies with a condition on the licence that requires the licence holder or a nominated supervisor of the licence holder to undergo retraining or reassessment during the term of the licence if the licence holder provides a certification in relation to that retraining or reassessment.

If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for:

a further licence of the same type; or

another licence under these Regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.

Note: A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676).

In making a decision under regulation 520, the regulator must have regard to:

any submissions made by the licence holder under regulation 522; and

any advice received from a corresponding regulator.

For the purposes of paragraphs 520(1)(a) and (b), if the licence holder is an individual, the regulator must have regard to all relevant matters, including the following:

any offence under the Act or these Regulations or under a corresponding WHS law, of which the licence holder has been convicted or found guilty;

any enforceable undertaking the licence holder has entered into under this Act or a corresponding WHS law;

in relation to any equivalent licence applied for or held by the licence holder under the Act or these Regulations or under a corresponding WHS law:

any refusal to grant the licence; and

any condition imposed on the licence, if granted; and

any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

the record of the licence holder in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.

Note: Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.Division 3 of Part VIIC of the

For the purposes of paragraphs 520(1)(a) and (b), if the licence holder is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (2), in relation to:

the body corporate; and

each officer of the body corporate.

Before suspending or cancelling an asbestos removal licence, the regulator must give the licence holder a written notice of the proposed suspension or cancellation and any proposed disqualification:

outlining all relevant allegations, facts and circumstances known to the regulator; and

advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation and any proposed disqualification.

The regulator must give the licence holder written notice of a decision under regulation 520 to suspend or cancel an asbestos removal licence within 14 days after making the decision.

The notice must:

state that the licence is to be suspended or cancelled; and

if the licence is to be suspended, state:

when the suspension begins and ends; and

the reasons for the suspension; and

whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends; and

whether or not the licence holder is disqualified from applying for a further licence during the suspension; and

if the licence is to be cancelled, state:

when the cancellation takes effect; and

the reasons for the cancellation; and

whether or not the licence holder is disqualified from applying for a further licence; and

if the licence holder is disqualified from applying for a further licence, state:

when the disqualification begins and ends; and

the reasons for the disqualification; and

whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends; and

any other class of licence under these Regulations that the licence holder is disqualified from applying for; and

state when the licence document must be returned to the regulator.

The regulator may suspend an asbestos removal licence on a ground referred to in regulation 520 without giving notice under regulation 522, if satisfied that:

work carried out under the licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or

a corresponding regulator has suspended an equivalent licence held by the licence holder under this regulation as applying in the corresponding jurisdiction.

If the regulator decides to suspend a licence under this regulation:

the regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and

the suspension of the licence takes effect on the giving of the notice.

The regulator must then:

give notice under regulation 522 within 14 days after giving the notice under subregulation (2); and

make its decision under regulation 520.

If the regulator does not give notice under subregulation (3), the suspension ends at the end of the 14 day period.

If the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 520.

A licence holder, on receiving a notice under regulation 523, must return the licence document to the regulator in accordance with the notice.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.

The regulator must keep a register of:

each person holding an asbestos removal licence; and

each supervisor named to the regulator in relation to an asbestos removal licence.

A person who holds an asbestos removal licence must ensure that asbestos removal work authorised by the licence is supervised by a supervisor named to the regulator by the licence holder.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

Note: Section 12A of the Act provides that the Act does not apply in relation to a facility to which Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies.

(1) In this Chapter, a major incident at a major hazard facility is an occurrence that:

results from an uncontrolled event at the major hazard facility involving, or potentially involving, Schedule 15 chemicals; and

exposes a person to a serious risk to health or safety emanating from an immediate or imminent exposure to the occurrence.

(2) Without limiting subregulation (1), an occurrence includes any of the following:

escape, spillage or leakage;

implosion, explosion or fire.

(1) A reference in these Regulations to hazardous chemicals, including Schedule 15 chemicals, being present or likely to be present at a facility is a reference to the quantity of hazardous chemicals that would, if present, meet the maximum capacity of the facility, including:

the maximum capacity of process vessels and interconnecting pipe systems that contain the hazardous chemicals; and

the maximum capacity of storage tanks and vessels used for the hazardous chemicals; and

the maximum capacity of other storage areas at the facility that could contain the hazardous chemicals; and

the maximum capacity of pipe work outside process areas to contain the hazardous chemicals; and

the maximum quantity of hazardous chemicals that would, in the event of failure, escape into the facility from pipe work that is situated off the premises but is connected to the facility; and

the maximum quantity of hazardous chemicals loaded into or onto, or unloaded from, vehicles, trailers, rolling stock and ships that are from time to time present at the facility in the course of the facility’s operations.

(2) Subregulation (1) applies with any necessary changes to hazardous chemicals that are likely to be present at a proposed facility.

Schedule 15 chemicals present or likely to be present in the tailings dam of a mine are not to be considered in determining whether a mine is a facility or a major hazard facility.

(1) In this Chapter, the operator of a facility is the person conducting the business or undertaking of operating the facility who has:

management or control of the facility; and

the power to direct that the whole facility be shut down.

(2) In this Chapter, operator of a proposed facility means:

the operator of a proposed facility that is an existing workplace; or

the person who is to be the operator of a proposed facility that is being designed or constructed.

If more than one person is an operator of the facility within the meaning of subregulation (1):

one of those persons must be selected as the operator of the facility for the purposes of this Chapter; and

that person’s details must be given to the regulator.

The person selected:

must inform the regulator of the nomination; and

may do so by including it in a notification under regulation 536.

The person selected under subregulation (3) is the operator of the facility for the purposes of this Chapter.

(6) If a selection is not made, each of the following persons is taken to be an operator of the facility for this Chapter:

each operator within the meaning of subregulation (1) who is an individual;

for each operator within the meaning of subregulation (1) that is a body corporate—each officer of the body corporate.

(1) In these Regulations, a reference to a modification of a major hazard facility is a reference to a change or proposed change at the major hazard facility that has or would have the effect of:

creating a major incident hazard that has not previously been identified; or

significantly increasing the likelihood of a major incident occurring; or

in relation to a major incident that may occur—significantly increasing:

its magnitude; or

the severity of its health and safety consequences.

(2) For subregulation (1), a change or proposed change at a major hazard facility means a change or proposed change of any kind, including any of the following:

a change to any plant, structure, process or chemical or other substance used in a process, including the introduction of new plant, a new structure, a new process or a new chemical;

a change to the quantity of Schedule 15 chemicals present or likely to be present at the major hazard facility;

a change to the operation, or the nature of the operation, of the major hazard facility;

a change in the workers’ safety role;

a change to the major hazard facility’s safety management system;

an organisational change at the major hazard facility, including a change in its senior management.

A facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity must be licensed under Part 9.7.

Note: See section 41 of the Act.

A facility that is determined to be a major hazard facility under regulation 541 must be licensed under Part 9.7.

Note: See section 41 of the Act.

Despite subregulation (1) or (2), a determined major hazard facility is exempt from the requirement to be licensed during the exemption period if the operator of the major hazard facility is taken to be a suitable person to operate the facility for the purposes of Part 9.2.

The operator of a licensed major hazard facility must hold the licence for the major hazard facility.

(5) In this regulation, exemption period, in relation to a determined major hazard facility, means the period beginning on the determination of the facility and ending on the first of the following to occur:

the revocation of the determination of the facility under regulation 546;

the end of the period for applying for a licence given under regulation 549, unless an application for a licence for the facility is made within that period;

the grant of a licence for the facility under Part 9.7;

if the regulator decides to refuse to grant a licence for the facility:

the end of the period for applying for an external review of that decision, unless an application for external review is made within that period; or

the making of the decision on the external review.

Note 1: The licensing process is provided for in Part 9.7.

Note 2: Under Part 9.2, an operator of a determined major hazard facility is taken to be a suitable operator if no determination is made under regulation 543.

Note 3: Under Part 9.3 the operator of a determined major hazard facility is given a limited time to prepare the major hazard facility to be licensed, including by preparing a safety case.

Note 4: Part 9.2 provides for the notification and determination of facilities and operators of facilities. The purpose of notification is to enable the regulator to determine whether:

a facility or proposed facility is a major hazard facility; and

the operator of a determined major hazard facility is a suitable person to:

operate the facility while the determination under paragraph (a) is in force; and

apply for a licence for the facility.

This Part ceases to apply to a determined major hazard facility at the end of the exemption period applying to that facility under regulation 535.

The operator of a determined major hazard facility must provide the regulator with a safety case outline for the major hazard facility within 3 months after the facility is determined to be a major hazard facility.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

A safety case outline provided under regulation 551 must include the following:

a written plan for the preparation of the safety case, including key steps and timelines, with reference being made to each element of the safety case;

a description of the methods to be used in preparing the safety case, including methods for ensuring that all the information contained in the safety case is accurate and up to date when the safety case is provided to the regulator;

details of the resources that will be applied to the preparation of the safety case, including the number of persons involved, their relevant knowledge and experience and sources of technical information;

a description of the consultation with workers that:

occurred in the preparation of the safety case outline; and

will occur in the preparation of the safety case;

a draft of the emergency plan prepared or to be prepared under regulation 557;

a summary of any arrangements that are to be made in relation to the security of the major hazard facility.

Example: Arrangements for preventing unauthorised access to the major hazard facility.

If the regulator is not satisfied that a safety case outline provided by the operator of a determined major hazard facility will lead to the development of a safety case that complies with regulation 561, the regulator may require the operator to alter the outline.

If the regulator proposes to require an operator to alter a safety case outline, the regulator must give the operator a written notice:

informing the operator of the proposed requirement and the reasons for it; and

advising the operator that the operator may make a submission to the regulator in relation to the proposed requirement; and

specifying the date (being not less than 28 days) by which the submission must be made.

The regulator must:

if the operator has made a submission in relation to the proposed requirement to alter a safety case outline—consider that submission; and

whether or not the operator has made a submission—decide whether or not to require the operator to alter the outline; and

within 14 days after deciding, give the operator written notice of the decision, including details of the alteration required and the reasons why it is required.

The operator must alter the outline as required.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The operator must give the regulator a copy of a safety case outline that has been altered:

under this regulation; or

by the operator on the operator’s initiative.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The safety case outline as altered becomes the safety case outline for the major hazard facility.

The operator of a determined major hazard facility must identify:

all major incidents that could occur in the course of the operation of the major hazard facility; and

all major incident hazards for the major hazard facility, including major incident hazards relating to the security of the major hazard facility.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

In complying with subregulation (1), the operator must have regard to any advice and recommendations given by:

the emergency service organisations with responsibility for the area in which the major hazard facility is located; and

any government department or agency with a regulatory role in relation to major hazard facilities.

The operator must document:

all identified major incidents and major incident hazards; and

the criteria and methods used in identifying the major incidents and major incident hazards; and

any external conditions under which the major incident hazards, including those relating to the security of the major hazard facility, might give rise to the major incidents.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The operator of a determined major hazard facility must conduct a safety assessment in relation to the operation of the major hazard facility.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

In order to provide the operator with a detailed understanding of all aspects of risks to health and safety associated with major incidents, a safety assessment must involve a comprehensive and systematic investigation and analysis of all aspects of risks to health and safety associated with all major incidents that could occur in the course of the operation of the major hazard facility, including the following:

the nature of each major incident and major incident hazard;

the likelihood of each major incident hazard causing a major incident;

in the event of a major incident occurring, its potential magnitude and the severity of its potential health and safety consequences;

the range of control measures considered;

the control measures the operator decides to implement.

In conducting a safety assessment, the operator must:

consider major incidents and major incident hazards cumulatively as well as individually; and

use assessment methods (whether quantitative or qualitative, or both), that are suitable for the major incidents and major incident hazards being considered.

The operator must document all aspects of the safety assessment, including:

the methods used in the investigation and analysis; and

the reasons for deciding which control measures to implement.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The operator must keep a copy of the safety assessment at the major hazard facility.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The operator of a determined major hazard facility must implement control measures that:

eliminate, so far as is reasonably practicable, the risk of a major incident occurring; or

if it is not reasonably practicable to eliminate that risk—minimise that risk so far as is reasonably practicable.

Note: WHS Act—section 20 (see regulation 9).

The operator of a determined major hazard facility must implement risk control measures designed to minimise, in the event of a major incident occurring, its magnitude and the severity of its consequences to persons both on-site and off-site.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The operator of a determined major hazard facility must prepare an emergency plan for the major hazard facility that:

addresses all health and safety consequences of a major incident occurring; and

includes all matters specified in Schedule 16; and

provides for testing of emergency procedures, including the frequency of testing.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

In preparing an emergency plan, the operator must consult with:

the emergency service organisations with responsibility for the area in which the major hazard facility is located; and

in relation to the off-site health and safety consequences of a major incident occurring—the organisation identified as the local authority in accordance with regulations made under a law of a State that deals with occupational health and safety matters.

The operator must ensure that the emergency plan addresses any recommendation made by the emergency service organisations consulted under subregulation (2) in relation to:

the testing of the emergency plan, including the manner in which it will be tested, the frequency of testing and whether or not the emergency service organisations will participate in the testing; and

what incidents or events at the major hazard facility should be notified to the emergency service organisations.

The operator must have regard to any other recommendation or advice given by a person consulted under subregulation (2).

The operator must:

keep a copy of the plan at the major hazard facility; and

give a copy of the plan to:

the emergency service organisations consulted under subregulation (2); and

any other relevant emergency service organisations.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations consulted under subregulation (2) before applying for a licence for the major hazard facility.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The operator must immediately implement the emergency plan if:

a major incident occurs in the course of the operation of the major hazard facility; or

an event occurs that could reasonably be expected to lead to a major incident.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The operator must notify the emergency service organisations consulted under subregulation (2) of the occurrence of an incident or event referred to in paragraph (3)(b).

Note 1: This regulation applies in addition to regulation 43.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The operator of a determined major hazard facility must establish a safety management system for the operation of the major hazard facility, in accordance with this regulation.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The operator of a determined major hazard facility must implement the safety management system for the major hazard facility, so far as is reasonably practicable.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

The safety management system must:

provide a comprehensive and integrated system for the management of all aspects of risk control in relation to the occurrence and potential occurrence of major incidents at the major hazard facility; and

be designed to be used by the operator as the primary means of ensuring the safe operation of the major hazard facility.

The safety management system must:

be documented; and

state the operator’s safety policy, including the operator’s broad aims in relation to the safe operation of the major hazard facility; and

state the operator’s specific safety objectives and describe the systems and procedures that will be used to achieve those objectives; and

include the matters specified in Schedule 17; and

be readily accessible to persons who use it.

The operator of a determined major hazard facility must review and as necessary revise the following, in accordance with this regulation:

the safety assessment conducted under regulation 555 in order to ensure the adequacy of the control measures to be implemented by the operator;

the major hazard facility’s emergency plan;

the major hazard facility’s safety management system.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier E monetary penalty.

Without limiting subregulation (1), the operator must conduct a review and revision in the following circumstances:

a modification to the major hazard facility is proposed;

a control measure implemented under regulation 556 does not minimise the relevant risk so far as is reasonably practicable;

Example: An effectiveness test indicates a deficiency in the control measure.

a new major hazard risk is identified;

the results of consultation by the operator under Part 9.5 indicate that a review is necessary;

a health and safety representative requests a review under subregulation (4);

the regulator requires the review.

In reviewing and revising the emergency plan, the operator must consult with the emergency service organisations referred to in subregulation 557(2).

A health and safety representative for workers at a major hazard facility may request a review if the representative reasonably believes that:

a circumstance referred to in paragraph (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

the operator has not adequately conducted a review in response to the circumstance.

The operator of a determined major hazard facility must provide the regulator with a completed safety case for the major hazard facility, that has been prepared in accordance with regulation 561, within 24 months after the facility was determined to be a major hazard facility.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

The operator must prepare the safety case in accordance with the safety case outline prepared or altered under this Division.

A safety case must contain the following:

a summary of the identification conducted under regulation 554, including a list of all major incidents identified;

a summary of the safety assessment conducted under regulation 555;

a summary of the major hazard facility’s emergency plan;

a summary of the major hazard facility’s safety management system;

a description of any arrangements made in relation to the security of the major hazard facility;

a description of the consultation with workers that took place under regulation 575 in the preparation of the safety case;

the additional matters specified in Schedule 18.

The safety case must include any further information that is necessary to ensure that all information contained in the safety case is accurate and up to date.

A safety case must demonstrate:

that the major hazard facility’s safety management system will, once implemented, control risks arising from major incidents and major incident hazards; and

the adequacy of the measures to be implemented by the operator to control risks associated with the occurrence and potential occurrence of major incidents.

The operator must include in the safety case a signed statement that:

the information provided under subregulations (1) and (2) is accurate and up to date; and

as a consequence of conducting the safety assessment, the operator has a detailed understanding of all aspects of risk to health and safety associated with major incidents that may occur; and

the control measures to be implemented by the operator:

will eliminate the risk of a major incident occurring, so far as is reasonably practicable; and

if it is not reasonably practicable to eliminate the risk of a major incident occurring—will minimise the risk so far as is reasonably practicable; and

in the event of a major incident occurring—will minimise its magnitude and the severity of its health and safety consequences so far as is reasonably practicable; and

all persons to be involved in the implementation of the safety management system have the knowledge and skills necessary to enable them to carry out their role safely and competently.

If the operator is a body corporate, the safety case must be signed by the most senior executive officer of the body corporate who resides in the jurisdiction in which the facility is located.

The regulator may require the operators of 2 or more major hazard facilities to co-ordinate the preparation of the safety cases for their major hazard facilities if the regulator is satisfied on reasonable grounds that such co-ordination is necessary in the interests of the safe operation and effective safety management of any or all of those major hazard facilities.

If the regulator requires the co-ordinated preparation of safety cases, each operator must provide the other operators with information concerning any circumstances at the operator’s facility that could constitute a major incident hazard in relation to any of the other major hazard facilities.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

In complying with this regulation, the operator is not required to disclose information that may expose the major hazard facility to a major incident hazard in relation to the security of the major hazard facility.

The operator of a determined major hazard facility must review and as necessary revise the major hazard facility’s safety case after any review is conducted under regulation 559.

Note 1: The operator of a licensed major hazard facility is required to tell the regulator about any change in relation to certain information about the licence (see regulation 588).

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

Only an operator of a determined major hazard facility who is taken to be a suitable operator under regulation 543 may apply for a major hazard facility licence for that facility.

An application for a major hazard facility licence must be made in the manner and form required by the regulator.

The application must include the following information:

the operator’s name;

whether or not the operator is a body corporate;

if the operator conducts the business or undertaking under a business name, that business name and a certificate or other written evidence of the registration of the business name;

any other evidence of the operator’s identity required by the regulator;

the safety case prepared under Division 4 of Part 9.3;

if the operator is an individual:

a declaration as to whether or not the operator has ever been convicted or found guilty of any offence under:

(A) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

(B) any corresponding WHS law;

Note: Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.Division 3 of Part VIIC of the

details of any conviction or finding of guilt declared under subparagraph (i); and

a declaration as to whether or not the operator has ever entered into an enforceable undertaking under:

(A) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

(B) any corresponding WHS law;

details of any enforceable undertaking declared under subparagraph (iii); and

if the operator has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal; and

if the operator has previously held an equivalent licence under a corresponding WHS law, a declaration:

(A) describing any condition imposed on that licence; and

(B) stating whether or not that licence had been suspended or cancelled and, if so, whether or not the operator had been disqualified from applying for any licence; and

(C) giving details of any suspension, cancellation or disqualification;

if the operator is a body corporate, the information referred to in paragraph (f) in relation to:

the operator; and

each officer of the operator.

Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

The application must be accompanied by the relevant fee.

If an application for a major hazard facility licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the operator to provide additional information.

A request for additional information must:

specify the date (not being less than 28 days after the request) by which the additional information is to be given; and

be confirmed in writing.

If an operator does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.

If the information that is required to be included in a notification is national security information, the operator of the facility complies with the requirement by giving the regulator a summary, in a form approved by the regulator, of that information.

The regulator may make more than one request for additional information under this regulation.

Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

In this regulation:

national security information means information the disclosure of which is likely to prejudice Australia’s national security.

Subject to this regulation, the regulator must grant a major hazard facility licence if satisfied about the matters referred to in subregulation (2).

The regulator must be satisfied about the following:

the application has been made in accordance with these Regulations;

the safety case for the facility has been prepared in accordance with Division 4 of Part 9.3;

the operator is able to operate the major hazard facility safely and competently;

the operator is able to comply with any conditions that will apply to the licence.

The regulator may refuse to grant a major hazard facility licence if it becomes aware of circumstances that satisfy it that the following persons are not suitable persons to exercise management or control over the major hazard facility:

if the operator is an individual—the operator;

if the operator is a body corporate—any officer of the body corporate.

The regulator must refuse to grant a major hazard facility licence if satisfied that the operator, in making the application, has:

given information that is false or misleading in a material particular; or

failed to give any material information that should have been given.

If the regulator decides to grant the licence, it must notify the operator within 14 days after making the decision.

If the regulator does not make a decision within 6 months after receiving the application or the additional information requested under regulation 579, the regulator is taken to have refused to grant the licence applied for.

Note: A refusal to grant a major hazard facility licence (including under subregulation (6)) is a reviewable decision (see regulation 676).

For subregulation 580(3), if the operator is an individual, the regulator must have regard to all relevant matters, including the following:

any offence under:

the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

any corresponding WHS law;

of which the operator has been convicted or found guilty;

Note: Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.Division 3 of Part VIIC of the

any enforceable undertaking the operator has entered into under:

the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

any corresponding WHS law;

in relation to any equivalent licence applied for or held by the operator under a corresponding WHS law:

any refusal to grant the licence; and

any condition imposed on the licence, if granted, and the reason the condition was imposed; and

any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

the operator’s record in relation to any matters arising under:

the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

any corresponding WHS law;

any advice or recommendations received from any agency of the Commonwealth with responsibility in relation to national security.

For subregulation 580(3), if the operator is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (1), in relation to:

the body corporate; and

each officer of the body corporate.

The regulator must make a decision in relation to an application for a major hazard facility licence within 6 months after receiving the application or the additional information requested under regulation 579.

If the regulator proposes to refuse to grant a major hazard facility licence, the regulator must give a written notice to the operator:

informing the operator of the reasons for the proposed refusal; and

advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

After the date specified in a notice under subregulation (1), the regulator must:

if the operator has made a submission in relation to the proposed refusal to grant the licence—consider that submission; and

whether or not the operator has made a submission—decide whether to grant or refuse to grant the licence; and

within 14 days after making the decision, give the operator written notice of the decision, including the reasons for the decision.

The regulator may impose any conditions it considers appropriate on a major hazard facility licence.

Without limiting subregulation (1), the regulator may impose conditions in relation to one or more of the following:

additional control measures which must be implemented in relation to the carrying out of work or activities under the licence;

the recording or keeping of additional information;

the provision of additional information, training and instruction or the giving of specified information, training and instruction to additional persons or classes of persons;

the provision of additional information to the regulator;

if the operator is a person conducting a business or undertaking, the additional class of persons who may carry out work or activities on the operator’s behalf.

Note 1: A person must comply with the conditions of a licence (see section 45 of the Act).

Note 2: A decision to impose a condition on a licence is a reviewable decision (see regulation 676).

Subject to this Part, a major hazard facility licence takes effect on the day it is granted and, unless cancelled earlier, expires on the day determined by the regulator, which must be not more than 5 years after the day the licence was granted.

If the regulator grants a major hazard facility licence, the regulator must issue to the operator a licence document in the form determined by the regulator.

The licence document must include the following:

the name of the operator;

if the operator conducts the business or undertaking under a business name—that business name;

the location of the major hazard facility;

any conditions imposed on the licence by the regulator;

the date on which the licence was granted; and

the expiry date of the licence.

The operator of the major hazard facility must keep the licence document available for inspection under the Act.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

Subregulation (1) does not apply if the licence document is not in the operator’s possession because:

it has been returned to the regulator under regulation 593; and

the operator has applied for, but has not received, a replacement licence under regulation 594.

The operator of a licensed major hazard facility must give the regulator written notice of any change to any material particular in any information given at any time by the operator to the regulator in relation to the licence within 14 days after the operator becomes aware of the change.

Example: A change to the quantity of the hazardous chemicals present or likely to be present at the facility.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

Subregulation (1) applies whether the information was given in the application for grant or renewal of the licence or in any other circumstance.

The regulator may, on its own initiative, amend a major hazard facility licence, including by amending the licence to:

vary or delete a condition of the licence; or

impose a new condition on the licence.

If the regulator proposes to amend a licence, the regulator must give a written notice:

setting out the proposed amendment and the reasons for it; and

advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment.

After the date specified in a notice under subregulation (2), the regulator must:

if the operator has made a submission in relation to the proposed amendment—consider that submission; and

whether or not the operator has made a submission—decide:

to make the proposed amendment; or

not to make any amendment; or

to make a different amendment that results from consideration of any submission made by the operator; and

within 14 days after making that decision, give the operator written notice that:

sets out the amendment, if any; and

if a submission was made in relation to the proposed amendment—sets out the regulator’s reasons for making the amendment; and

specifies the date (being not less than 28 days after the operator is given the notice) on which the amendment, if any, takes effect.

Note: A decision to amend a licence is a reviewable decision (see regulation 676).

The regulator, on application by the operator of a licensed major hazard facility, may amend the major hazard facility licence, including by amending the licence to vary or delete a condition of the licence.

If the regulator proposes to refuse to amend the licence, the regulator must provide a written notice to the operator:

informing the operator of the proposed refusal and the reasons for the proposed refusal; and

advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

After the date specified in a notice under subregulation (2), the regulator must:

if the operator has made a submission in relation to the proposed refusal—consider that submission; and

whether or not the operator has made a submission—decide:

to make the amendment applied for; or

not to make any amendment; or

to make a different amendment that results from consideration of any submission made by the operator; and

within 14 days after making that decision, give the operator written notice of the decision in accordance with this regulation.

If the regulator makes the amendment applied for, the notice under paragraph (3)(c) must specify the date (not being less than 28 days after the operator is given the decision notice) on which the amendment takes effect.

If the regulator refuses to make the amendment applied for, or makes a different amendment, the notice under paragraph (3)(c) must:

if a submission was made in relation to the proposed refusal of the amendment applied for—set out the reasons for the regulator’s decision; and

if the regulator makes a different amendment:

set out the amendment; and

specify the date (being not less than 28 days after the operator is given the decision notice) on which the amendment takes effect.

Note: A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation 676).

The regulator may make minor amendments to a major hazard facility licence, including an amendment:

to correct an obvious error; or

to change an address; or

that does not impose a significant burden on the operator.

If the regulator amends a major hazard facility licence and considers that the licence document requires amendment, the regulator must give the operator an amended licence document within 14 days after making the decision to amend the licence.

If a major hazard facility licence is amended, the operator of the licensed major hazard facility must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

The operator of a licensed major hazard facility must give written notice to the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier I monetary penalty.

If a licence document for a licensed major hazard facility is lost, stolen or destroyed, the operator may apply to the regulator for a replacement document.

Note: An operator is required to keep the licence document available for inspection (see regulation 587).

An application for a replacement licence document must be made in the manner and form required by the regulator.

The application must:

include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

be accompanied by the relevant fee.

The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.

If the regulator refuses to issue a replacement licence document, it must give the operator written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note: A refusal to issue a replacement licence document is a reviewable decision (see regulation 676).

The regulator may renew a major hazard facility licence on application by the operator.

An application for renewal of a major hazard facility licence must be made in the manner and form required by the regulator.

The application must include a copy of the safety case for the major hazard facility as revised under regulation 570.

Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

The application must be accompanied by the relevant fee.

The application must be made not less than 6 months before the licence to be renewed expires.

If the operator of a licensed major hazard facility applies under regulation 596 for the renewal of a major hazard facility licence, the licence is taken to continue in force from the day it would, apart from this regulation, have expired until the operator is given notice of the decision on the application.

For this Division:

regulation 579 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and

regulations 580 (except subregulation (6)), 581, 584 and 585 apply as if a reference in regulation 580 to the grant of a licence were a reference to the renewal of a licence; and

regulation 583 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence.

Note: A refusal to renew a licence is a reviewable decision (see regulation 676).

This regulation applies if the regulator gives the operator written notice of its decision to refuse to renew the licence.

If the operator does not apply for an external review, the licence continues to have effect until the last of the following events:

the expiry of the licence;

the end of the period for applying for an external review.

If the operator applies for an external review, the licence continues to have effect until the earlier of the following events:

the operator withdraws the application for review;

the Administrative Review Tribunal makes a decision on the review.

The licence continues to have effect under this regulation even if its expiry date passes.

The regulator, on the application of the operator of a major hazard facility, may transfer a major hazard facility licence to another person who is to become the operator of the major hazard facility, if satisfied that the proposed operator will achieve a standard of health and safety in the operation of the facility that is at least equivalent to the standard that the current operator has achieved.

An application must be:

made in the manner and form required by the regulator; and

accompanied by the relevant fee.

The regulator may transfer the licence subject to any conditions that the regulator considers necessary and appropriate to ensure that the new operator will be able to achieve a standard of health and safety in the operation of the facility that is at least equivalent to the standard achieved by the existing operator.

On the completion of the transfer, the person to whom the licence is transferred becomes the operator of the major hazard facility for the purposes of this Chapter.

Note 1: A decision to refuse to transfer a major hazard facility licence is a reviewable decision (see regulation 676).

Note 2: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

The operator of a licensed major hazard facility may apply to the regulator to cancel the licence.

An application must be:

made in the manner and form required by the regulator; and

accompanied by the relevant fee.

The regulator must conduct an inquiry into the inventory and operations of the facility before deciding on an application to cancel a licence.

The regulator must cancel a major hazard facility licence if: