Australian Capital Territory
Occupational Health and Safety Regulations 1991     No 10
made under the
Occupational Health and Safety Act 1989
Republication No 4
Republication date: 12 September 2001
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Not all amendments are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication
The republished law
This is a republication of the Occupational Health and Safety Regulations 1991, made under the Occupational Health and Safety Act 1989 as in force on 12 September 2001.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendments made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Occupational Health and Safety Regulations 1991
made under the
Occupational Health and Safety Act 1989
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	2
	2	Definitions for regulations	2
	2AA	Meaning of explosives	3
Part 1A	Dangerous occurrences
	2A	Matters that are a dangerous occurrence	5
Part 2	Training programs
	3	Approval of training programs	6
	4	Payment of training fees and expenses	6
Part 3	Injury and dangerous occurrence reporting and recording requirements
	5	Prescribed period	7
	6	Method of reporting	7
	7	Necessity of reporting	7
	8	Retention of records etc	8
	9	Form of records	8
	10	Records of absence	8
Part 3A	Infringement notices
Part 4	Use of explosives
Division 4.1	Permit to use explosives
	11	Use of explosives at workplaces	1
	12	Use of explosives—obligations of employer and occupier	1
Division 4.2	Application for a permit
	13	Application for a permit to use explosives	2
	14	Requirements of a blast plan	3
	15	Eligibility for a permit	4
	16	Permit to use explosives	5
	17	Variation of a permit	6
	18	Statutory conditions of a permit	6
	19	Registrar may require further information etc	7
	20	Provision of false or misleading information to registrar	7
	21	Suspension or revocation of a permit	7
	22	Review of registrar’s decisions	9
Schedule 1	Offences and penalties
Endnotes
	1	About the endnotes	11
	2	Abbreviation key	11
	3	Legislation history	12
	4	Amendment history	12
	5	Earlier republications	14
	6	Uncommenced amendments	14

Amendments incorporated to
12 September 2001

Australian Capital Territory
Occupational Health and Safety Regulations 1991     

made under the
Occupational Health and Safety Act 1989

    

  

Part 1	Preliminary
    
1	Name of regulations
These regulations are the Occupational Health and Safety Regulations 1991.
2	Definitions for regulations
In these regulations:
Note:	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
Australian Standard 1885.1 means Australian Standard 1885, being that standard as approved 20 March 1990 and published 11 June 1990 entitled ‘Workplace injury and disease recording standard’.
blaster, in relation to an application for a permit, or to a permit, means the person who will supervise and control the use of the explosives described in the blast plan applicable to the application or the permit.
blast plan means a blast plan referred to in regulation 14.
boiler means a closed vessel in which steam can be generated or water or other liquid can be heated at a pressure greater than that of the atmosphere, and includes any plant, apparatus or appliance fitted to, or used in connection with the raising of pressure in, such a vessel.
dangerous goods—see the Dangerous Goods Act 1975, dictionary.
explosive—see regulation 2AA. 
firework—see the Dangerous Goods Regulations 1978, dictionary.
permit means a permit to use explosives under regulation 16 or the permit as varied under regulation 17.
pressure vessel means a closed vessel which is subjected to pressure (including a pressure due to a static head) by liquids, vapours, air or other gases, and includes any plant, apparatus or appliance fitted to, or used in connection with the raising of pressure in, such a vessel, but does not include—
	(a)	a boiler; or
	(b)	a vessel attached to or forming part of a domestic water supply which contains either only cold water under pressure or air the compression of which serves only as a cushion; or
	(c)	a vessel containing a liquid only at a temperature not exceeding 99°C where the pressure is due solely to the height of a column of liquid above the vessel.
training program means a training program approved under regulation 3.
use, in relation to explosives, means any of the following:
	(a)	the preparation of explosives for detonation, including the testing or test firing of fuses, primers, boosters, detonation circuits and other equipment used to detonate explosives;
	(b)	the placement of explosives for detonation; 
	(c)	the detonation of explosives. 
2AA	Meaning of explosives
	(1)	A thing or substance is an explosive if it is—
	(a)	designated as a class 1 dangerous good in the Dangerous Goods Regulations 1978, schedule 1; or
	(b)	a dangerous good that is assigned to class 1 within the meaning of the Road Transport Reform (Dangerous Goods) Regulations 1997 (Cwlth), regulation 2.3 (2).
	(2)	However, each of the following is not an explosive:
	(a)	a firework;
	(b)	ammunition, within the meaning of the Firearms Act 1996, for a firearm within the meaning of that Act;
	(c)	an explosive-powered tool or projectile within the meaning of the Scaffolding and Lifts Regulations 1950, part 9A.

Part 1A	Dangerous occurrences

2A	Matters that are a dangerous occurrence
For the purposes of the definition of dangerous occurrence in the Act, section 5 (1), each of the following is declared to be a dangerous occurrence:
	(a)	damage to any boiler, pressure vessel, plant, equipment or other thing which endangers or is likely to endanger the health or safety of persons at a workplace;
	(b)	damage to, or failure of, any load bearing member or control device of a crane, hoist, conveyor, lift, escalator, moving walk, plant, scaffolding, gear, amusement device or public stand;
	(c)	an uncontrolled fire, explosion or escape of gas, dangerous goods or steam;
	(d)	any other occurrence involving imminent risk of—
	(i)	fire, explosion or escape of gas, dangerous goods or steam; or
	(ii)	death or serious personal injury to any person; or
	(iii)	substantial damage to property.

Part 2	Training programs

3	Approval of training programs
	(1)	The council may approve a training program for the purposes of the Act, section 45 (1) (ea) or 50 (4).
	(2)	Where the council approves a training program under subregulation (1), it shall cause to be published in a daily newspaper published and circulating in the Territory a notice of its approval of the program that specifies the provision of the Act for the purposes of which the program has been approved.
4	Payment of training fees and expenses
Where—
	(a)	a health and safety representative undertakes a training program under the Act, section 45 (1) (ea); or
	(b)	a deputy health and safety representative undertakes a training program under the Act, section 50 (4);
the employer of that person shall—
	(c)	pay the fees for the person to undertake the program; and
	(d)	reimburse the person for the expenses reasonably incurred by him or her in undertaking the program.

Part 3	Injury and dangerous occurrence reporting and recording requirements

5	Prescribed period
For the purposes of the Act, section 85, the prescribed period is 7 days.
6	Method of reporting
	(1)	Notice under the Act, section 85 may be given in writing or by telephone, fax machine or other electronic means.
Note  	If a form is approved under the Act, s 96B (Approved forms) for the notice, the form must be used.
	(2)	An employer shall give notice under the Act, section 85 to the commissioner as soon as practicable and in any event within 7 days.
	(3)	Where the commissioner receives notice other than in writing he or she shall forward—
	(a)	a copy of the information received;  or
	(b)	an acknowledgment of receipt of the notice;
to the employer.
7	Necessity of reporting
Where an employer notifies the commissioner of an injury or dangerous occurrence pursuant to the Act, section 85, the employer is not required to report the same event under an associated law.
8	Retention of records etc
	(1)	Where an employer gives written notice of a death, an injury or a dangerous occurrence in accordance with section 85, the employer shall retain a copy of the notice for a period of 5 years after the notice is given.
	(2)	Where the employer gives notice of a death, an injury or a dangerous occurrence in a manner other than in writing and the commissioner provides the employer with—
	(a)	a copy of the information received; or
	(b)	an acknowledgment of receipt of the notice;
the employer shall keep the copy or the acknowledgment for a period of 5 years after the notice is given.
9	Form of records
	(1)	Records required under the Act, section 86 shall be kept in a form approved, in writing, by the commissioner.
	(2)	Records kept under subregulation (1) shall be retained for a period of 5 years after the date on which notice was given in accordance with the Act, section 85.
	(3)	An approval under subregulation (1) is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
10	Records of absence
	(1)	Where an employer is aware of the occurrence of an event which would have been reported pursuant to section 85 if the prescribed period under that section was 1 day the employer shall record details of the event.
	(2)	Records pursuant to subsection (1) shall be kept in accordance with Australian Standard 1885.1.
Maximum penalty:  10 penalty units.

 U 	Part 3A	Infringement notices

Part 4	Use of explosives
Division 4.1	Permit to use explosives
11	Use of explosives at workplaces
	(1)	A person must not use an explosive at a workplace without a permit to use the explosive.
Maximum penalty:	 10 penalty units.
	(2)	A person must not use an explosive at a workplace in contravention of the terms and conditions of a permit to use the explosive.
Maximum penalty:	 10 penalty units.
	(3)	This regulation does not apply to the use of an explosive under the supervision of the registrar under regulation 19 (4).
12	Use of explosives—obligations of employer and occupier
	(1)	An employer must not allow an employee to use an explosive at a workplace without a permit to use the explosive.
Maximum penalty:	 10 penalty units.
	(2)	An employer must not allow an employee to use an explosive at a workplace in contravention of the terms and conditions of a permit to use the explosive.
Maximum penalty:	 10 penalty units.
	(3)	An occupier of a workplace must not allow a person to use an explosive at the workplace without a permit to use the explosive.
Maximum penalty:	 10 penalty units.
	(4)	An occupier of a workplace must not allow a person to use an explosive at the workplace in contravention of the terms and conditions of a permit to use the explosive.
Maximum penalty:	 10 penalty units.
	(5)	This regulation does not apply to the use of an explosive under the supervision of the registrar under regulation 19 (4).
Division 4.2	Application for a permit
13	Application for a permit to use explosives
	(1)	An application for a permit to use explosives at a workplace must—
	(a)	be made in writing to the registrar; and
	(b)	state the applicant’s name and business address and telephone number; and
	(c)	state the name, business address and telephone number of the blaster.
Note  	A fee may be determined under the Act, s 96A (Determination of fees) for this regulation.
	(2)	The applicant must supply with the application—
	(a)	a blast plan substantially complying with regulation 14; and
	(b)	a copy of a document (including an engineering or similar report) obtained by the applicant or the blaster, or in the possession or control of the applicant or the blaster, about—
	(i)	the use of explosives at the workplace; and
	(ii)	if the proposed use of the explosives is in relation to the demolition of all or part of a building or structure—the demolition of that building or structure; and
	(c)	details of any other information the applicant or the blaster knows and that is material to the application; and
	(d)	a consent signed by the blaster for a police officer to make inquiries about any criminal record of the blaster.
	(3)	If a person fails to comply with subregulation (2) (b) or (c), the person commits an offence.
Maximum penalty (subregulation (3)):  10 penalty units.
14	Requirements of a blast plan
	(1)	The registrar may, from time to time, state the matters to be included in a blast plan.
	(2)	A blast plan must include each of the following:
	(a)	the purpose for which it is proposed to use explosives;
	(b)	the workplace where it is proposed to use the explosives;
	(c)	for the person it is proposed will supervise and control the use of the explosives—
	(i)	the person’s name and business address and telephone number; and
	(ii)	the person’s qualifications, knowledge and experience relevant to the purpose for which it is proposed the explosives be used;
	(d)	the arrangements for the control and supervision of the use of the explosives;
	(e)	the relationship of the blast point of the explosives to nearby premises (including public areas);
	(f)	the consultation conducted with persons that may be affected by the detonation of the explosives and the outcome of the consultation;
	(g)	the arrangements for the giving of notice of the detonation of the explosives to persons that may be affected by the detonation;
	(h)	if the purpose for which it is proposed to use the explosives is in relation to the demolition of all or part of a building or structure—
	(i)	its occupancy classification under the building code approved under the Building Act 1972, section 24; and
	(ii)	a brief description of its structural support system and the main materials of its construction; and
	(iii)	the method of demolition; and
	(iv)	the sequence of the demolition works;
	(i)	the type and quantity of explosives to be detonated;
	(j)	the occasion or occasions the explosives will be detonated (including test detonations);
	(k)	the procedure for the preparation and placement of the explosives and the detonation sequence of the explosive charges (as the case requires);
	(l)	the safety measures for the detonation of the explosives, including the security of persons and premises, the exclusion zone and the warning procedures;
	(m)	the procedure to be followed if explosives misfire;
	(n)	the method of disposal of any explosives unused at the completion of the proposed purpose;
	(o)	the storage facilities for the explosives at the workplace and the proposed procedures for the control and management of the facilities;
	(p)	the procedure for the conveyance of the explosives about the workplace.
15	Eligibility for a permit
The registrar may issue or vary a permit only if—
	(a)	the blaster holds a shotfirer’s permit under the Dangerous Goods Regulations 1978, regulation 52; and
	(b)	the registrar is satisfied that the blaster is competent to use the explosives described in the applicable blast plan for the purpose stated in the blast plan; and
	(c)	the registrar is satisfied that the use of the explosives in accordance with the applicable blast plan is safe.
16	Permit to use explosives
	(1)	The registrar may, in relation to an application for a permit to use explosives at a workplace—
	(a)	issue a permit; or
	(b)	issue a permit with conditions the registrar considers necessary or desirable for—
	(i)	the appropriate use of the explosives; or
	(ii)	the safety of persons or premises at or near the workplace; or
	(c)	refuse to issue a permit.
	(2)	The registrar may, on a ground mentioned in regulation 21 (1), refuse to issue a permit.
	(3)	The registrar must inform the applicant in writing of the decision on the application.
	(4)	A permit must be in writing and include each of the following:
	(a)	the name and address of the person to whom the permit is given;
	(b)	the purpose for which explosives may be used;
	(c)	the workplace where the explosives may be used;
	(d)	the  name and address of the blaster;
	(e)	a short description of the applicable blast plan;
	(f)	the conditions (including the conditions mentioned in regulation 18 (Statutory conditions of a permit)) to which the permit is subject);
	(g)	the period for which it is in force.
	(5)	The applicable blast plan is taken to be part of the permit.
17	Variation of a permit
	(1)	A person to whom a permit has been issued may apply to the registrar for the variation of the permit.
	(2)	The registrar may—
	(a)	vary the permit; or
	(b)	vary the permit with conditions the registrar considers necessary or desirable for—
	(i)	the appropriate use of the explosives; or
	(ii)	the safety of persons or premises at or near the workplace; or
	(c)	refuse to vary the permit.
	(3)	The registrar may, on a ground mentioned in regulation 21 (1), refuse to vary a permit.
	(4)	The registrar must inform the applicant in writing of the decision on the application.
18	Statutory conditions of a permit
Each of the following conditions applies to a permit:
	(a)	the explosives must only be used in accordance with the permit (including the applicable blast plan and any conditions included in the permit by the registrar);
	(b)	the blaster must—
	(i)	supervise and control the use of the explosives under the permit; and
	(ii)	make a written evaluation of the use of the explosives; and
	(iii)	if asked by the registrar, give a copy of the evaluation to the registrar.
19	Registrar may require further information etc
	(1)	The registrar may make any investigations or inquiries about an application for a permit or an application for the variation of a permit as the registrar reasonably believes are necessary to decide the application.
	(2)	The registrar may, by notice to the applicant, require the applicant to supply such additional documents or other information as the registrar reasonably needs to decide the application.
	(3)	The registrar may, by notice to the blaster, require the blaster to show by a practical or oral examination his or her competence to use explosives in accordance with the applicable blast plan.
	(4)	A practical examination must be conducted under the supervision of the registrar or a person nominated by the registrar.
Note  	A fee may be determined under the Act, s 96A (Determination of fees) for this regulation.
20	Provision of false or misleading information to registrar
A person must not, in connection with an application for a permit or an application for the variation of a permit, knowingly or recklessly give to the registrar any document or other information that is false or misleading in a material particular.
Maximum penalty:  10 penalty units.
21	Suspension or revocation of a permit
	(1)	The registrar may suspend or revoke a permit—
	(a)	if the blaster is convicted, or within 10 years before the application for a permit was made was convicted, in the Territory or elsewhere of an offence—
	(i)	involving actual or threatened violence; or
	(ii)	involving the possession or use of a firearm within the meaning of the Firearms Act 1996; or
	(iii)	involving the possession or use of explosives or fireworks; or
	(iv)	against the Act or the Dangerous Goods Act 1975; or
	(b)	if the blaster is subject to a firearms prohibition order within the meaning of the Firearms Act 1996 or an order under a law of a State or another Territory having substantially the same effect as a firearms prohibition order; or
	(c)	if the registrar believes, on reasonable grounds that—
	(i)	the applicant or the blaster has supplied false or misleading information in, or in connection with, an application for a permit or an application for the variation of a permit; or
	(ii)	the applicant or the blaster has contravened any condition of a permit.
Note 	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
	(2)	The registrar must give written notice of the suspension or revocation of the permit to the applicant and the blaster.
	(3)	The suspension or revocation of the permit takes effect—
	(a)	on the day the notice is given to the applicant and the blaster; or
	(b)	if a later day is stated in the notice—on the later day.
22	Review of registrar’s decisions
	(1)	Application may be made to the administrative appeals tribunal for the review of a decision of the registrar under—
	(a)	regulation 16 (1) (b) issuing a permit with conditions; or
	(b)	regulation 16 (1) (c) refusing to issue a permit; or
	(c)	regulation 17 (2) (b) varying a permit with conditions; or
	(d)	regulation 17 (2) (c) refusing to vary a permit; or
	(e)	regulation 21 (1) suspending or revoking a permit.
	(2)	A notice under subregulation (1) must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

 U 	Schedule 1	Offences and penalties

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	
3	Legislation history
Legislation	Year and number	Gazette
notification	Commencement	
Occupational Health and Safety Regulations	1991 No 10	6 May 1991	6 May 1991	
Occupational Health and Safety Regulations (Amendment)	1991 No 13	28 June 1991	1 July 1998	
Regulations Revision (Penalties) Regulations	1996 No 8	6 June 1996	6 June 1996	
Occupational Health and Safety Regulations Amendment	1999 No 21	30 Sept 1999	30 Sept 1999	
Occupational Health and Safety (Amendment) Act (No 2) 1999	Act 1999 No 82	23 Dec 1999	ss 1-3:  23 Dec 1999
remainder:  23 June 2000	
Statute Law Amendment Act 2001	Act 2001 No 11	29 Mar 2001	29 Mar 2001	
Occupational Health and Safety Amendment Act 2001	Act 2001 No 21	19 April 2001	ss 1 and 2: 19 April 2001 (IA s 10B) 
pt 3:  awaiting commencement (s 2) 	
Dangerous Goods Regulations Amendment	2001 No 14	23 May 2001	23 May 2001 (reg 1)	
Legislation (Consequential Amendments) Act 2001	2001 No 44 pt 265	26 July 2001	ss 1 and 2:  26 July 2001 (IA s 10B)
remainder: 12 September 2001 (s 2 and Gaz 2001 No S65)	
4	Amendment history
pt 1 hdg	ins 1991 No 13
reg 1	sub 1999 No 21 reg 3
reg 2	am 1991 No 13; 1999 No 21 reg 4; Act 2001 No 11 amdts 3.191-3.193; 2001 No 14 reg 33, reg 34; Act 2001 No 44 amdt 1.3036, amdt 1.3037
reg 2AA	ins 1999 No 21 reg 5
	am Act 2001 No 11 amdts 3.194-3.196
pt 1A hdg	ins 1999 No 21 reg 6 
reg 2A	ins 1991 No 13
pt 2 hdg	ins 1991 No 13
pt 3 hdg	ins 1991 No 13
reg 5	ins 1991 No 13
reg 6	ins 1991 No 13
	am Act 1999 No 82 s 16 sch pt 3; Act 2001 No 44 amdts 1.3038-1.3040
reg 7, reg 8	ins 1991 No 13
	am Act 1999 No 82 s 16 sch pt 3
reg 9	ins 1991 No 13
	am Act 1999 No 82 s 16 sch pt 3; Act 2001 No 44 amdt 1.3041
reg 10	ins 1991 No 13
	am 1996 No 8
pt 3A	ins Act 2001 No 21 s 12
regs 10A-10F	ins Act 2001 No 21 s 12
pt 4	(regs 11-22) ins 1999 No 21 reg 7
div 4.1 hdg	(prev pt 4 div 1 hdg) renum R4 LA
reg 11, reg 12	ins 1999 No 21 reg 7
div 4.2 hdg	(prev pt 4 div 2 hdg) renum R4 LA
reg 13	ins 1999 No 21 reg 7
	am Act 2001 No 44 amdt 1.3042
reg 14	ins 1999 No 21 reg 7
reg 15	ins 1999 No 21 reg 7
	am Act 2001 No 11 amdt 3.197
regs 16 18	ins 1999 No 21 reg 7
reg 19	ins 1999 No 21 reg 7
	am Act 2001 No 44 amdt 1.3043, amdt 1.3044
reg 20	ins 1999 No 21 reg 7
reg 21	ins 1999 No 21 reg 7
	am Act 2001 No 11 amdt 3.198; Act 2001 No 44 amdt 1.3045, amdt 1.3046
sch 1	ins Act 2001 No 21 s 13
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Republication No	Amendments to	Republication date	
1	SL 1991 No 13	1 July 1991	
2	SL 1996 No 8	30 November 1996	
3	Act 1999 No 82	23 October 2000	
6	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date:
	Occupational Health and Safety Amendment Act 2001 No 21 (ss 12, 13)
12 	Insertion—part 3A
After regulation 10, the following part is inserted:
Part 3A—Infringement notices
10A 	Infringement notice offences and penalties
	(1) 	An offence against the Act that is described in an item of schedule 1 and is a contravention of the provision of the Act mentioned in the item is an offence to which the Act, part 5A applies (an infringement notice offence).
	(2) 	The penalty payable by an individual under an infringement notice for an infringement notice offence is the amount mentioned in the item of the schedule applying to the offence.
	(3) 	The cost of serving a reminder notice for an infringement notice offence is $34.
10B 	Administering authority
The administering authority for every infringement notice offence is the commissioner.
10C 	Authorised persons for infringement notices
An authorised officer may serve an infringement notice for any infringement notice offence.
10D 	Authorised person for reminder notices
An authorised officer may serve a reminder notice for any infringement notice offence.
10E 	Persons authorised for infringement notices etc to have unique number
The administering authority for an infringement notice offence must give a unique number to each person who is authorised by the administering authority to serve infringement or reminder notices for the offence.
10F 	Identifying particulars—authorised persons
For the Act, section 75D (1) (g) (Contents of infringement notices) of the Act, an infringement notice must identify the authorised person using the number given to the person by the administering authority under regulation 10E.
13 	Insertion—schedule 1
After regulation 22, the following schedule is inserted:
Schedule 1
(see reg 10A)
Offences and penalties
column 1	column 2	column 3	
item	provision contravened	on-the-spot fine
$	
1	27	1 000	
2	28	1 000	
3	29	1 000	
4	30	1 000	
5	31	1 000	
6	32 (1)	1 000	
7	32 (2)	1 000	
8	33 (1)	1 000	
9	34	1 000	
10	37 (3)	100	
11	38 (7)	100	
12	40 (7) 	100	
13	41 (6)	100	
14	42 (2)	100	
15	45 (1)	200	
16	45 (2)	200	
17	45 (3)	100	
18	51 (8)	100	
19	52	100	
20	53	400	
21	59 (1)	100	
22	59 (4)	100	
23	71	100	
24	76 (5)	100	
25	77 (4)	100	
26	78 (5)	100	
27	79	400	
28	86	100	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2001