Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL OCCUPATIONAL HEALTH AND SAFETY REGULATIONS (AMENDMENT) 1993 NO. 42

Statutory Rules 1993 No. 42

(Issued by the Authority of the Minister for Industrial Relations)

National Occupational Health and Safety Commission Act 1985

National Occupational Health and Safety Regulations (Amendment)

Section 67 of the National Occupational Health and Safety Commission Act 1985 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 38(3) of the Act was amended by the Industrial Relations Legislation Amendment Act (No.2) 1992 to provide that the National Occupational Health and Safety Commission (the Commission) is to publish, in accordance with the National Occupational Health and Safety Commission Regulations (the Regulations), details on the title, objective and availability of national standards and codes of practice. Subsection 38(3) had previously required that national standards and codes were to be published in the prescribed manner.

Regulation 3 of the Regulations had previously provided that for the purposes of subsection 38(3) of the Act a standard or code was to be published in the Gazette.

Following the amendment to subsection 38(3) of the Act, regulation 3 was no longer consistent with that subsection. It has been amended to make it clear that it is the details required by subsection 38(3) of the Act, and not the full text of a standard or code, which is to be published in the Gazette.