Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
33. (1) Where the Authority has reasonable grounds for believing that the level of noise to which a person is exposed in the course of his or her employment exceeds 85 decibels, the Authority may, by notice in writing given to the person's employer, direct the employer to ascertain, within a specified period, the noise levels or the daily noise doses, or both, to which persons employed by the employer are exposed.
(2) A notice under subsection (1)—
(a) may state the day or days on which, or the periods during which, the noise levels or daily noise doses are to be measured; and
(b) may relate to all or part of the premises.
(3) An employer shall, within 21 days after measuring the noise levels or daily noise doses, or both, in accordance with a notice under subsection (1), inform the Authority of the noise levels or daily noise doses, or both, so ascertained.
(4) An employer who fails, without reasonable excuse, to comply with a direction given to the employer under subsection (1) or to comply with subsection (3) is guilty of an offence punishable, upon conviction, by a fine not exceeding—
(a) in the case of a body corporate—$5,000; or
(b) in the case of a natural person—$1,000.
34. (1) Where—
(a) the level of noise to which a person is exposed in the course of his or her employment exceeds 115 decibels; or
(b) the daily noise dose to which a person is exposed in the course of his or her employment exceeds 0.33;
the Authority may, by notice in writing given on the person's employer, direct the employer, within a specified period, being a period of not less than 28 days after the date of the notice—
(c) to take specified action—
(i) to ensure the noise level does not exceed 115 decibels; or
(ii) to ensure the daily noise does not exceed 0.33;
or both; and
(d) in the case of indoor premises—to erect specified signs in specified places and in a specified manner.
(2) A notice—
(a) shall state the date on which it was issued; and
(b) may include a direction that the employer provide hearing protectors for use by persons employed by the employer.
(3) An employer who fails, without reasonable excuse, to comply with a direction given to the employer under paragraph (1) (c) is guilty of an offence punishable, on conviction, by a fine not exceeding—
(a) in the case of a body corporate—$50,000; or
(b) in the case of a natural person—$10,000.
(4) An employer who fails, without reasonable excuse, to comply with a direction given to the employer under paragraph (1) (d) is guilty of an offence punishable, on conviction, by a fine not exceeding—
(a) in the case of a body corporate—$5,000; or
(b) in the case of a natural person—$1,000.
35. (1) An employer shall ensure that all noise control equipment installed on premises, or provided by the employer, is maintained properly and operated efficiently.
(2) A person who contravenes subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding—
(a) in the case of a body corporate—$5,000; or
(b) in the case of a natural person—$1,000.
36. (1) Where any employer provides an employee with a hearing protector—
(a) the hearing protector shall comply with the prescribed requirements; and
(b) the employer shall comply with any prescribed requirements with respect to hearing protectors and, in particular, with respect to—
(i) the storage and maintenance of hearing protectors; and
(ii) the safety of persons using hearing protectors.
(2) An employer who, without reasonable excuse, fails to comply with, or provides an employee with a hearing protector that does not comply with, a requirement prescribed for the purposes of this section is guilty of an offence punishable, on conviction, by a fine not exceeding—
(a) in the case of a body corporate—$5,000; or
(b) in the case of a natural person—$1,000.
37. (1) Where the Authority has reasonable grounds for believing that the level of noise to which a person is exposed in the course of his or her employment exceeds 85 decibels, the Authority may, by notice in writing given to the person's employer, require the employer to arrange, within a specified reasonable period, an audiometric test for all or some of the employer's employees.
(2) An employer who, without reasonable excuse, fails to comply with a requirement under subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding—
(a) in the case of a body corporate—$5,000; or
(b) in the case of a natural person—$1,000.
(3) For the purposes of subsection (2), the arranging of an audiometric test in respect of an employee—
(a) to take place during a period during which, or on a day on which, the employee would not be working;
(b) for which, or for expenses in connection with which, the employee is required to pay; or
(c) in such circumstances that the employee is required to suffer loss of remuneration in order to undergo the test;
shall be deemed not to be sufficient compliance with a requirement made under subsection (1).
38. (1) Where an employer becomes aware that an employee of that employer—
(a) has suffered loss of or damage to hearing that is, or is reasonably believed to be, a result of his or her employment; or
(b) has made a claim under the Compensation (Commonwealth Government Employees) Act 1971 or the Workmen's Compensation Act 1951 in respect of loss of, or damage to, hearing;
the employer shall, within 14 days of becoming so aware, notify the Authority of the fact.
(2) An employer who contravenes subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding—
(a) in the case of a body corporate—$5,000; or
(b) in the case of a natural person—$1,000.
39. (1) Where—
(a) the level of noise on non-domestic premises exceeds 115 decibels; or
(b) the daily noise dose which a person, in the course of his or her employment on non-domestic premises, receives, or would, but for the use of hearing protectors by the person, receive, exceeds 0.33;
the employer of persons on those premises shall—
(c) cause each person employed on the premises to be given prescribed information; and
(d) erect prescribed signs in prescribed places and in a prescribed manner.
(2) A person who, without reasonable excuse, refuses or fails to comply with paragraph (1) (c) or (d) is guilty of an offence punishable, on conviction, by a fine not exceeding—
(a) in the case of a body corporate—$5,000; or
(b) in the case of a natural person—$1,000.
40. (1) Subject to subsection (2), an employer may apply to the Authority for exemption from the requirements of section 39.
(2) An employer is not entitled to make an application under this section unless the employer notifies employees, by notice in writing displayed in a prominent place on the premises at which the employees are employed, that the employer proposed to make the application.
(3) Where, upon an application made in accordance with this section, the Authority is satisfied that it is not reasonably practicable for an employer to comply with section 39, the Authority may, by instrument in writing, exempt the employer from some or all of the requirements of that section.
(4) Where the Authority is satisfied that, by reason of changed circumstances, an employer to whom an exemption under this section has been granted is no longer unable to comply with some or all of the requirements of section 39, the Authority may, by notice in writing given to the employer, revoke or vary the exemption.
41. (1) An employer shall—
(a) keep prescribed records relating to noise levels, daily noise doses and audiometric tests;
(b) retain the records for prescribed periods;
(c) upon request by an employee, furnish to the employee such of the records as relate to the employee; and
(d) where the employer ceases to occupy the premises to which the records relate—deliver the records to the Authority as soon as practicable after ceasing to occupy the premises.
(2) An employer who fails to comply with subsection (1) is guilty of an offence punishable, upon conviction, by a fine not exceeding—
(a) in the case of a body corporate—$5,000; or
(b) in the case of a natural person—$1,000.
42. (1) The Authority may, by notice in writing given to an employer, require the employer to furnish to the Authority, within a specified period—
(a) the records required by section 41 to be kept by the employer; and
(b) other specified information relating to the noise to which persons employed by the employer are exposed in the course of their employment.
(2) A person who, without reasonable excuse, refuses or fails to comply with a requirement under subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding—
(a) in the case of a body corporate—$5,000; or
(b) in the case of a natural person—$1,000.
(3) Any information furnished by an employer pursuant to subsection (1) is not admissible in proceedings other than proceedings for an offence related to the giving of false information.