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MAGISTRATES COURT (OCCUPATIONAL HEALTH AND SAFETY INFRINGEMENT NOTICES) REGULATIONS 2004 (NO 32 OF 2004)
MAGISTRATES COURT (OCCUPATIONAL HEALTH AND SAFETY INFRINGEMENT
NOTICES) REGULATIONS 2004
SUBORDINATE LAW SL2004-32
EXPLANATORY STATEMENT
Mr Jon Stanhope MLA
2.
MAGISTRATES COURT (OCCUPATIONAL HEALTH AND SAFETY
INFRINGEMENT NOTICES) REGULATIONS 2004
SUBORDINATE
LAW SL2004- 32
Part 8 of the Magistrates Court Act 1930 provides for
the issue of infringement notices for offences listed in regulations. The
Magistrates Court (Occupational Health and Safety Infringement Notices)
Regulations 2004 (the regulations) enable infringement notices to be issued
for certain offences in the Occupational Health and Safety Act 1989 (the
OHS Act) and associated Regulations.
The OHS Act provides a
legislative framework to secure the health, safety and welfare of employees at
work, and to foster a cooperative consultative relationship between employers
and employees on the health, safety and welfare of employees at work. The
regulatory framework established by the OHS Act is supported by regulations
including manual handing regulations and certification of plant users and
operators regulations.
The ability to issue infringement notices for
offences against the OHS Act will encourage compliance with the legislation and
will allow for immediate action to be taken against people who are breaching the
legislation. This should provide greater protection for workplace safety in the
ACT.
Regulation 1 – Name of regulations – provides that the
regulations are the Magistrates Court (Occupational Health and Safety
Infringement Notices) Regulations 2004
Regulation 2 –
Commencement – provides that the regulations commence on the
commencement of the Occupational Health and Safety Amendment Act 2004,
schedule 2, which is 5 August 2004.
Regulation 3 – Purpose of
regulations – provides that the purpose of the regulations is to
create a system of infringement notices under the Magistrates Court
Act 1930, part 8 for certain offences against the occupational health
and safety legislation. Regulation 5 explains what is occupational health and
safety legislation.
Regulation 4 – Notes – provides
that the notes included in the regulations are explanatory and do not form part
of the regulations.
Regulation 5 – Meaning of occupational
health and safety legislation – defines ‘occupational health
and safety legislation’ to be the Occupational Health and Safety Act
1989, the Occupational Health and Safety Regulations 1991; and the
Occupational Health and Safety (Certification of Plant
Users and Operators)
Regulations 2000.
Regulation 6 – Administering authority
– provides that the administering authority for infringement notices
against the occupational health and safety legislation is the Occupational
Health and Safety (OH&S) Commissioner. The OH&S commissioner is
appointed under the Occupational Health and Safety Act, section
26.
Regulation 7 – Infringement notice offences –
provides that infringement notices can be issued for offences listed in
schedule 1, column 2.
Regulation 8 – Infringement
notice penalties – provides that the penalties for the offences in
schedule 1 are listed in column 4 of the schedule. The penalties for
corporations are five times the amount listed in column 4 of the schedule.
This regulation also provides that a charge of $34 will be imposed for
serving a reminder notice on a person who has not paid their infringement
notice.
Regulation 9 – Contents of infringement notice –
other information – specifies that infringement notices served on a
company must include the company’s ACN. For the purposes of these
regulations a company is considered to be a company registered under the
Corporations Act.
Regulation 10 – Contents of infringement
notices – identifying authorised person – provides that the
infringement notice must identify the authorised person who served the notice by
their full name, or surname and initials, or any unique number given to the
person by the administering authority.
Regulation 11 – Contents
of reminder notices – identifying authorised person – provides
that the reminder notice for the infringement notice must identify the
authorised person who served the notice by their full name, or surname and
initials, or any unique number given to the person by the administering
authority.
Regulation 12 – Authorised people for infringement
notice offences – provides that an inspector under section 201 of
the Occupational Health and Safety Act may serve an infringement notice or a
reminder notice under these regulations.
Regulation 13 –
Magistrates Court (Dangerous Substances Infringement Notices) Regulations
2004, regulations 10 (a) and 11 (a) – amends regulations 10 (a) and 11
(a) of the Magistrates Court (Dangerous Substances Infringement Notices)
Regulations 2004. Currently these regulations provide that an infringement
notice or a reminder notice must identify the authorised person who served the
notice by their full name, or surname and initials, and any unique number given
to the person by the administering authority. This regulation amends those
provisions to identify the authorised person by their full name, or surname and
initials, or any unique number given to the person by the administering
authority.
Schedule 1 – Occupational health and safety
legislation infringement notice offences and penalties – lists the
infringement notice offences and penalties under regulations 7 and 8.