Victorian Consolidated Legislation

Equipment (Public Safety) Act 1994 - SECT 36

Regulations3

36. Regulations3



(1) The Governor in Council may make regulations declaring any equipment to be
prescribed equipment for the purposes of this Act and the regulations made
under this Act.

(2) The Governor in Council may make regulations for or with respect to the
health and safety of persons in relation to prescribed equipment and at
equipment sites.



(3) Without in any way limiting the generality of subsection (2), regulations
may be made for the purposes of that subsection for or with respect to any of
the matters specified in the Schedule.

(4) Any regulations made under this section may-

   (a)  be general or may be restricted in operation as to time, place,
        persons or circumstances whether that time, place, person or
        circumstance is determined or ascertainable before, at or after the
        making of the regulations;

   (b)  apply, adopt, incorporate or refer to, with or without modification,
        any document formulated or published by any body or authority as in
        force at the time the regulation is made or as amended, formulated or
        published from time to time;

   (c)  make different prescriptions or impose different requirements in
        respect of different classes, sub-classes or kinds of equipment,
        equipment sites, activities, persons or circumstances;

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

   (e)  provide that the Authority may grant exemptions in respect of any
        requirement of or prohibition in the regulations upon such terms and
        conditions as are prescribed;

   (f)  confer powers or impose duties in connection with the regulations on
        the Authority, an inspector, any government department, any public
        authority, the council of any municipal district or any other
        prescribed person or body of persons.

(5) Where any regulations are made pursuant to clause 9 of the Schedule, those
regulations must provide that any person who may be affected by a decision of
any other person or body of persons in relation to-

   (a)  the refusal to grant, renew or transfer the registration of or a
        licence in respect of any prescribed equipment or equipment site; or

   (b)  the variation of the terms and conditions upon which the registration
        of or a licence in respect of any prescribed equipment or equipment
        site were granted; or

   (c)  the cancellation or suspension of the registration of or a licence in
        respect of any prescribed equipment or equipment site-

is entitled-

   (d)  to be heard by that other person or body of persons in relation to
        that decision and to be given reasons for that decision; and

   (e)  to appeal against that decision to the court, tribunal, person or body
        of persons that is prescribed.

(6) Any regulations made under clause 9 of the Schedule must also provide that
where a person has appealed against a decision the operation of that decision
is stayed pending the determination of that appeal.



* * * * *