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Contents (2001 - 648)
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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 21 June 2019 at 01:04)
Chapter 12 Part 12.7
Part 12.7 Other miscellaneous provisions
356   False or misleading information in applications
(1)  A person must not, in or in connection with a relevant application under this Regulation, make any statement that the person knows to be false or misleading in a material particular.
Maximum penalty: Level 3.
(2)  For the purposes of this clause, the following are relevant applications:
(a)  an application under Chapter 5, 8, 9, 10 or 11,
(b)  a notification under clause 117 or 174ZR,
(b1)  a notification under clause 175F or 175FA,
(b2)  an application under Chapter 6B,
(c)  an application for an exemption under this Chapter.
357   Additional officers authorised to consent to the institution of proceedings for offences
For the purposes of section 106 (1) (b) of the Act, the Department Head (Mining) is a prescribed officer in relation to proceedings for an offence against the Act concerning a place of work that is a mining workplace or coal workplace.
358   Application of Act to mining workplaces and coal workplaces: references to WorkCover
(1)  In accordance with section 133 of the Act, a reference in any of the following provisions of the Act to WorkCover, in connection with the application of the provision to a mining workplace or coal workplace, is taken to be a reference to the Department of Industry and Investment:
(a1)  section 32B (3) (Reasons for non-prosecution of offence),
(a)  Part 4 (Industry codes of practice),
(b)  section 114 (Orders regarding costs and expenses of investigation).
(2)  In accordance with section 133 of the Act, a reference in section 109 of the Act to the General Manager of WorkCover, in connection with the application of the provision to a mining workplace or coal workplace, is taken to be a reference to the Department Head (Mining).
(3)  In accordance with section 133 of the Act, a reference in any of the following provisions of the Act to WorkCover, in connection with the application of the provision to a mining workplace or coal workplace, is taken to be a reference to the Department Head (Mining):
(a)  Division 2 (Duty to consult) of Part 2,
(b)  Division 2 (Powers of inspectors) of Part 5,
(c)  Division 4 (General provisions relating to notices) of Part 6.
(4)  In accordance with section 133 of the Act, a reference in section 104A of the Act to WorkCover, in connection with the application of the provision to proceedings under the Act (rather than the Coal Mine Health and Safety Act 2002 or the Mine Health and Safety Act 2004) in connection with a mining workplace or a coal workplace, is taken to be a reference to the Department Head (Mining).
(5)  In accordance with section 133 of the Act, a reference in section 107 or 107A (1) or (2) of the Act to WorkCover, in connection with the application of the provision to a mining workplace or a coal workplace, is taken to be a reference to a person taken to have been appointed as an inspector by virtue of section 47A (Appointment of inspectors in connection with mining workplaces) or 47B (Appointment of inspectors in connection with coal workplaces) of the Act.
(6)  In accordance with section 133 of the Act, a reference in section 107A of the Act to the Chief Executive Officer of WorkCover, in connection with the application of the provision to a mining workplace or a coal workplace, is taken to be a reference to the Department Head (Mining).
358A   Sharing of information between WorkCover and Department of Industry and Investment
(1)  WorkCover may, in connection with the administration or execution of the Act, provide any information concerning this Regulation to the Department of Industry and Investment.
(2)  The Department of Industry and Investment may, in connection with the administration or execution of the Act, provide any information concerning this Regulation to WorkCover.
359   Continuation of former OHS shop provisions
(1)  In this clause,
former OHS shop provisions means, subject to subclause (4):
(a)  the provisions of Part 3 of the Factories, Shops and Industries Act 1962 that, immediately before 1 September 2001, applied to shops, and
(b)  the provisions of the Factories (Health and Safety) General Regulations 1913 that, immediately before 1 September 2001, applied to shops.
(2)  The former OHS shop provisions continue to have effect as provisions of this Regulation. Those provisions have effect in addition to the provisions of this Regulation.
(3)  A person who contravenes any of the former OHS shop provisions with which the person is, under those provisions, required to comply is guilty of an offence.
Maximum penalty: Level 4.
Note.
 Immediately before 1 September 2001, certain provisions applied to shops by virtue of section 61 of the Factories, Shops and Industries Act 1962.
(4)  For the purpose of the definition of former OHS shop provisions in subclause (1), the following provisions are taken to have applied to shops immediately before 1 September 2001:
(a)  sections 19, 20, 21, 23, 24, 33, 34, 38, 40, 45, 50, 57, 58, 59, 60 and 61 of the Factories, Shops and Industries Act 1962,
(b)  Regulations 3, 4, 6, 8, 9, 10, 11, 12, 16A, 17, 17A and 25 of the Factories (Health and Safety) General Regulations 1913.
360   Notes
The explanatory note, table of contents and notes in the text of this Regulation (other than in Schedule 8 to this Regulation) do not form part of this Regulation.
361   Transitional application of sentencing guideline provisions
(1)  This clause applies to guideline proceedings under Division 4 of Part 7 of the Act relating to offences under the Act.
(2)  Nothing in this clause limits any jurisdiction or discretion of the Full Bench under Division 4 of Part 7 of the Act.
(3)  In exercising its powers and jurisdiction to give a guideline judgment relating to an offence under the Act, the Full Bench may, if the provision creating the offence substantially re-enacts a provision of the former Act creating an offence (the corresponding offence), consider matters relating to the corresponding offence.
362   Savings and transitional provisions
Schedule 3 has effect.