New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 359

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 .