Note:
The Regulation was repealed by the Subordinate Legislation Act 1989 No
146, sec 10 (2) with effect from
1.9.2001.
Occupational Health and Safety Legislation (Short Descriptions of Offences) Regulation 1996
[1996-368]
Status Information
Currency of version
Provisions in force
Note:
Authorisation
Repealed version for 20 April 1998 to 31 August 2001 (accessed 25 May 2013 at 09:47).
Legislation on this site is usually updated within 3 working days after a change to the legislation.
The provisions displayed in this version of the legislation have all commenced. See Historical notes
The Regulation was repealed by the Subordinate Legislation Act 1989 No
146, sec 10 (2) with effect from
1.9.2001.
This version of the legislation is compiled and maintained in
a database of legislation by the Parliamentary Counsel's Office
and published on the NSW legislation website, and is certified
as the form of that legislation that is correct under section
45C of the Interpretation Act 1987.
Contents
1 Name of Regulation
2 Commencement
3 Notes
4 Short descriptions
5 Repeal
This Regulation is the Occupational Health and Safety Legislation (Short Descriptions of Offences) Regulation 1996.
This Regulation commences on 20 September 1996.
The explanatory note and table of contents do not form part of this Regulation.
(1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 1 is the expression specified opposite it in Column 2 of that Schedule.(2) (Repealed)(3) If a choice of words is indicated in column 2 of the Schedule, the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression.(4) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 1, the prescribed expression for the offence is taken to relate to the offence created by the provision as the provision was in force when the offence is alleged to have been committed.(5) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used and any such document continues to have effect as if that expression had not been amended or repealed.(6) Subclause (5) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
(1) The Occupational Health and Safety (Short Description of Offences) Regulation 1991 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Regulation referred to in subclause (1), had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Short descriptions of offences
(Clause 4)
Column 1 | Column 2 |
Offence | Prescribed expression |
Offence under Occupational Health and Safety Act 1983 | |
Section 15 (1) | not ensure health/safety/welfare of employees |
Section 16 (1) | employer allow risk to health/safety of non-employees |
Section 16 (2) | self-employer allow risk to health/safety of non-employees |
Section 18 (1) (a) | designer/manufacturer/supplier not ensure plant/substance safe/not health risk |
Section 18 (1) (b) | designer/manufacturer/supplier not provide/arrange information on use of plant/substance |
Section 19 (a) | employee not take care of health/safety of persons at work |
Section 19 (b) | employee not co-operate in health/safety/welfare requirements |
Section 20 | intentionally/recklessly interfere with/misuse thing provided for health/safety/welfare |
Section 27 (1) | not notify work-related accident/matter affecting health/safety |
Section 31R (5) | fail to comply with improvement notice |
Offence under Construction Safety Act 1912 | |
drive power crane/hoist for building/excavation work/moving people while uncertified | Section 17 (1) |
drive power crane/hoist beyond certificate | Section 17 (2) |
employ/direct/allow uncertified person to drive power crane/hoist | Section 17 (3) (a) |
Section 17 (3) (b) | employ/direct/allow person to drive power crane/hoist beyond certificate |
Section 17 (8) | not comply with exemption conditions under section 17 (1)/(2)/(3) |
Section 17A (1) | act as rigger/dogman/scaffolder/crane chaser/diver/powderman/explosive tool user while uncertified |
Section 17A (1A) | act beyond certificate as rigger/dogman/scaffolder/crane chaser/diver/powderman/explosive tool user |
Section 17A (1B) (a) | employ/direct/allow uncertified person to be rigger/dogman/scaffolder/crane chaser/diver/powderman/explosive tool user |
Section 17A (1B) (b) | employ/direct/allow rigger/dogman/scaffolder/crane chaser/diver/powderman/explosive tool user to act beyond certificate |
Section 17A (5A) | not comply with exemption conditions under section 17A (1)/(1A)/(1B) |
Offence under Occupational Health and Safety (Certificates of Competency) Regulation 1996 | |
Clause 8 (1) (a) | do scheduled work without qualification |
Clause 8 (1) (b) | do scheduled work not according to conditions |
Clause 8 (2) | non-employer employ/direct/allow unqualified person to do scheduled work |
Clause 27 (3) | person responsible not ensure record kept by trainee |
Clause 28 (1) | supervisor not directly supervise trainee |
Clause 28 (2) (a) | supervisor not ensure record kept by trainee |
Clause 28 (2) (b) | supervisor not check and sign/annotate record kept by trainee |
Clause 38 (2) | not produce qualification/exemption/record |
Clause 38 (2) | not produce sample signature |
Offence under Construction Safety Regulations 1950 | |
Regulation 73 (2) | not provide/maintain safe access to work place |
Regulation 73 (3) | not provide height safety barrier |
Regulation 73 (6) | not provide adequate overhead protection |
Regulation 73 (7) | not provide head protective helmet |
Regulation 99 | contravene Australian Standard for diving |
Regulation 122 (5) | subject/direct/allow/permit person to subject crane/lift/conveyor/hoist/scaffolding/plant/gear to overloading/incorrect loading |
Regulation 127 (108) | ride on load/platform/box/lifting medium of crane/hoist without authority |
Regulation 127 (108A) | permit unauthorised riding on load/platform/box/lifting medium of crane/hoist without authority |
Regulation 159D | not produce certificate/permit on demand by employer/inspector |
Offence under Dangerous Goods Act 1975 | |
Section 9 (1) (a) | Keep dangerous goods in/on unlicensed premises |
Offence under Dangerous Goods Regulation 1978 | |
not carry/produce dangerous goods driver registration card | Clause 15B (4) |
Clause 85 (2) | use/cause/permit/suffer use of unapproved appliance in explosive gas zone |
Clause 299 (1) | master handle dangerous goods/goods without approval/against conditions |
Clause 299 (1) | master permit/authorise/direct handling dangerous goods/goods without approval/against conditions |
Clause 300 (a) | person responsible not notify spillage/damage/deterioration |
Clause 300 (b) | person responsible not remove goods/container as directed |
Clause 302 (1) | master not display warning flag/light |
Clause 303 (1) | master not display warning notice |
Clause 311 (3) | master not ensure work accords with approval conditions/requirements |
Clause 314 (1) | store category A dangerous goods on wharf |
Clause 314 (2) | store category B/C dangerous goods on wharf without approval |
Clause 315 (1) | owner not remove category A/B/C dangerous goods within time |
Clause 329 (2) | person responsible exceed order limit in freight container |
Clause 367 | owner of pipe/hose construct/install/maintain without compliance/accordance with requirements |
Offence under Factories, Shops and Industries Act 1962 | |
Section 27 | not securely fence machinery |
Section 44A (1) | electrical installation/equipment/apparatus not designed/constructed/protected/maintained to avoid shock/fire risk |
Section 45 (3) | not maintain fire escape in good condition/free from obstruction |
Offence under Boiler and Pressure Vessel Regulations | |
use/cause/permit/allow the use of uncertified boiler/pressure vessel | Regulation 28 |
use/cause/permit/allow use of oxyacetylene/electric welding/brazing to repair boiler/pressure vessel | Regulation 41 |
work with/use/cause/permit/suffer person to work with/use unsafe boiler/pressure vessel | Regulation 80 (a) |
work with/use/cause/permit/suffer person to work with/use unsafe/wrongly adjusted boiler/pressure vessel | Regulation 80 (b) |
use/cause/permit/allow use of boiler without supervision | Regulation 80A (a) |
use/cause/permit/allow use of boiler without supervisor’s details displayed | Regulation 80A (b) |
cause excessive pressure/tamper with valve/fitting/conceal defects in boiler/pressure vessel | Regulation 82 |
Offence under Engine Drivers and Boiler Attendants Certification Regulations | |
employ uncertified engine driver/boiler attendant | Regulation 17 (2) |
The following abbreviations are used in the Historical notes:
Am |
amended |
LW |
legislation website |
Sch |
Schedule |
Cl |
clause |
No |
number |
Schs |
Schedules |
Cll |
clauses |
p |
page |
Sec |
section |
Div |
Division |
pp |
pages |
Secs |
sections |
Divs |
Divisions |
Reg |
Regulation |
Subdiv |
Subdivision |
GG |
Government Gazette |
Regs |
Regulations |
Subdivs |
Subdivisions |
Ins |
inserted |
Rep |
repealed |
Subst |
substituted |
Table of amending instruments
Occupational Health and Safety Legislation (Short Descriptions of Offences) Regulation 1996 published in Gazette No 95 of 16.8.1996, p 4626 and amended in Gazettes No 95 of 29.8.1997, p 7213, No 112 of 17.10.1997, p 8567 and No 69 of 17.4.1998, p 2773.
Table of amendments
Cl 4 | Am 17.4.1998. |
Sch 1 | Am 29.8.1997; 17.10.1997; 17.4.1998. |