Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 719

719 Pending applications—plant and plant design

(1) This section applies if—

(a) before the commencement, an application has been made to register an item of plant or the design of an item of plant under part 8, division 2 of the repealed WHS regulation; and

(b) immediately before the commencement, the application has not been decided; and

(c) on the commencement, the item of plant or design of the item of plant is required to be registered under part 5.3.

(2) On the commencement, the chief executive must deal or continue to deal with the application under part 8, division 2 of the repealed WHS regulation.

Note—

A refusal to grant an application, and the imposition of a condition on the grant of the application, is a reviewable decision. See section 676.

(3) If the chief executive decides to grant the application and issues a certificate—

(a) for an application to register an item of plant—

(i) the item of plant is taken to be registered by the regulator as an item of plant under part 5.3; and

(ii) any conditions of the registration granted by the chief executive continue to apply to the item of plant; or

(b) for an application to register the design of an item of plant—

(i) the design of the item of plant is taken to be registered by the regulator as the design of an item of plant under part 5.3; and

(ii) any conditions of the registration granted by the chief executive continue to apply to the design of the item of plant; and

(iii) section 13 of the repealed WHS regulation continues to apply to the design of the item of plant as if a reference in that section to a certificate of registration of registrable plant design was a reference to the registration of the design of an item of plant under part 5.3.

(4) Section 718(3) to (5) applies to the item of plant or design of the item of plant.