Western Australian Consolidated Regulations

OCCUPATIONAL SAFETY AND HEALTH REGULATIONS 1996 - REG 2.13

2.13 .         Exemption where compliance unnecessary or impracticable

        (1)         A person may apply to the Commissioner for a person or a workplace to be exempted from complying with a requirement of these regulations and the application is to be in an approved form.

        (2)         If, on an application under subregulation (1), the Commissioner is satisfied that compliance with any requirement of these regulations would be unnecessary or impracticable then the Commissioner may exempt the person or workplace from the requirement and the exemption is to be in writing and may be made subject to such conditions as are specified by the Commissioner.

        (3)         If the Commissioner imposes a condition in relation to an exemption granted under subregulation (2), a person having the benefit of the exemption must comply with the condition.

        Penalty for a person who commits the offence as an employee: the regulation 1.15 penalty.

        Penalty in any other case: the regulation 1.16 penalty.

        (4)         The Commissioner may, at any time, revoke an exemption granted under subregulation (2) and the revocation takes effect on the day on which notice of the revocation posted to the person’s last known address would have been delivered in the ordinary course of post.

        [Regulation 2.13 amended in Gazette 14 Dec 2004 p. 6017.]