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WORK HEALTH AND SAFETY ACT 2011 - SECT 276 Regulation-making powers

WORK HEALTH AND SAFETY ACT 2011 - SECT 276

Regulation-making powers

    (1)     The Executive may make regulations for this Act in relation to any matter relating to work health and safety.

Note 1     A regulation may be made in relation to any matter that is required or permitted to be prescribed by the Act or is necessary or convenient to be prescribed for carrying out or giving effect to the Act (see Legislation Act

, s 44).

Note 2     Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

    (2)     A regulation may make provision in relation to matters set out in schedule 3.

    (3)     A regulation may—

        (a)     be of general or limited application; or

        (b)     differ according to differences in time, place or circumstance; or

Note     Power to make a regulation includes power to make different provision for different categories (see Legislation Act

, s 48).

        (c)     leave any matter or thing to be, from time to time, determined, applied or approved by the regulator, an inspector or any other prescribed person or body of persons; or

Note     A regulation may authorise or require an entity to make provision about a matter, whether or not from time to time. "Provision" includes determining the matter, applying an instrument to the matter, being satisfied or forming an opinion about anything relating to the matter, or doing anything else in relation to the matter (see Legislation Act

, s 52)

        (d)     apply, adopt or incorporate any matter contained in any document formulated, issued or published by a person or body whether—

              (i)     with or without modification; or

              (ii)     as in force at a particular time or as in force or remade from time to time; or

        (e)     prescribe exemptions from complying with a regulation on the terms and conditions (if any) prescribed; or

        (f)     allow the regulator to provide exemptions from complying with a regulation on the terms and conditions (if any) prescribed or, if a regulation allows, on the terms and conditions (if any) determined by the regulator; or

        (g)     prescribe a penalty for any contravention of a regulation not exceeding $30 000.