Australian Capital Territory
Occupational Health and Safety (Fees) Determination 2004 
Disallowable Instrument DI2004–144
made under the 	
Occupational Health and Safety Act 1989, Part 8, Section 96A – Determination of fees

Explanatory Statement

The Occupational Health and Safety Act 1989 (the Act) regulates workplace health and safety in the ACT.

Section 96A of the Act provides the Minister for Industrial Relations with the power to determine fees for the purposes of the Act.  Section 58(1) of the Legislation Act 2001 provides that where an Act authorises fees to be determined for the Act and the Act authorises the making of regulations by the Executive, then the Minister for Industrial Relations also has the power to determine fees for the purposes of the Regulations.  Section 97(1) of the Act provides that the Executive may make regulations for the Act.

The instrument determines fees under the Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000.

This instrument revokes the previous determination of fees instrument DI2003-174, that set fees for the 2003-2004 financial year and determines the new fees for the 2004-2005 financial year.  The fees have been adjusted based on the Consumer Price Index (CPI) of 2.0%.  The CPI was derived by the Department of Treasury in its Economic conditions forecasts (see page 54 of 2004-2005 Budget 
Paper 3).

The fees take effect from 1 July 2004.

The determination under section 96A is a disallowable instrument.