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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 533

Meaning of operator of a facility or proposed facility

    (1)     In this Chapter, the operator of a facility is the person conducting the business or undertaking of operating the facility who has:

(a)     management or control of the facility; and

(b)     the power to direct that the whole facility be shut down.

    (2)     In this Chapter:

"operator of a proposed facility" means:

(a)     the operator of a proposed facility that is an existing workplace; or

(b)     the person who is to be the operator of a proposed facility that is being designed or constructed.

    (3)     If more than 1 person is an operator of the facility within the meaning of subregulation (1):

(a)     1 of those persons must be selected as the operator of the facility for the purposes of this Chapter; and

(b)     that person's details must be given to the regulator.

    (4)     The person selected:

(a)     must notify the regulator of the nomination; and

(b)     may do so by including it in a notification under regulation 536.

    (5)     The person selected under subregulation (3) is the operator of the facility for the purposes of this Chapter.

    (6)     If a selection is not made, each of the following persons is taken to be an operator of the facility for the purposes of this Chapter:

(a)     each operator within the meaning of subregulation (1) who is an individual;

(b)     for each operator within the meaning of subregulation (1) that is a body corporate – each officer of the body corporate.



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