New South Wales Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 276

Regulation-making powers

276 Regulation-making powers

(1) The Governor may make regulations in relation to--
(a) any matter relating to work health and safety, and
(b) any matter or thing required or permitted by this Act to be prescribed or that is necessary or convenient to be prescribed to give effect to this Act.
(2) Without limiting subsection (1), the regulations may make provision for or in relation to matters set out in Schedule 3.
(3) The regulations may--
(a) be of general or limited application, or
(b) differ according to differences in time, place or circumstance, or
(c) leave any matter or thing to be, from time to time, determined, applied or approved by the regulator, an inspector or any other prescribed person or body of persons, or
(d) apply, adopt or incorporate any matter contained in any document formulated, issued or published by a person or body whether--
(i) with or without modification, or
(ii) as in force at a particular time or as in force or remade from time to time, or
(e) prescribe exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed, or
(f) allow the regulator to provide exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed or, if the regulations allow, on the terms and conditions (if any) determined by the regulator, or
(g) prescribe fees for doing any act or providing any service for the purposes of this Act, or
(g1) the waiver, reduction, postponement or refund by the regulator of fees payable or paid under this Act or the regulations, or
(h) prescribe a penalty for any contravention of the regulations not exceeding an amount equal to the monetary value of 345 penalty units.
(4) The Minister is not to recommend the making of a regulation containing provisions that confer jurisdiction of the Civil and Administrative Tribunal to exercise functions unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.



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