Queensland Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 748

Existing provisions about certificate process continue to apply for a transitional class A asbestos removal licence

748 Existing provisions about certificate process continue to apply for a transitional class A asbestos removal licence

(1) Part 8, division 2 of the repealed WHS regulation (Applications for certificates, licences and variations of licences), despite its repeal, continues to apply to an application for the grant of a friable asbestos certificate made before the commencement but not decided by the chief executive before the commencement.
Note—
A refusal to grant a certificate is a reviewable decision, see section 676.
(2) Part 8, division 4 (Replacement and surrender of certificates and licences) and division 5 (Suspension and cancellation of certificates and licences) of the repealed WHS regulation, despite their repeal, continue to apply in relation to a friable asbestos certificate granted before the commencement or under subsection (1).
Note—
A refusal to grant a replacement certificate on a decision to suspend or cancel a certificate or to impose a condition on the grant of a certificate, is a reviewable decision, see section 676.
(3) The repealed provisions applied under subsection (1) or (2) apply as if—
(a) a reference to the chief executive were a reference to the regulator for the purposes of anything that may or must be done after the commencement; and
(b) a reference to a contravention in the repealed WHS regulation, section 116(2)(a)(i) included a reference to a contravention of the Act (the Work Health and Safety Act 2011) or this regulation; and
(c) if the context permits, a reference to a certificate to perform prescribed activity that is work to remove friable asbestos containing material includes a reference to a transitional class A asbestos removal licence.
(4) For the purpose of the regulator performing a function as provided under subsection (1) or (2) in relation to a particular matter, anything done in relation to the particular matter by or in relation to the chief executive before the commencement is taken to have been done by or in relation to the regulator.
(5) Unless otherwise provided, part 8.10, divisions 3 to 6 does not apply to a transitional class A asbestos removal licence.



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