Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 269

Decision on application

    (1)     Subject to subsection (3), the regulator must grant the registration if satisfied about the matters mentioned in subsection (2).

    (2)     The regulator must be satisfied about the following:

        (a)     the application has been made in accordance with this division;

        (b)     the item of plant is not registered under a corresponding WHS law;

        (c)     the item of plant is—

              (i)     located in the ACT; or

              (ii)     located outside the ACT and circumstances exist that justify the grant of the registration;

        (d)     if the applicant is an individual, the applicant—

              (i)     resides in the ACT; or

              (ii)     resides outside the ACT and circumstances exist that justify the grant of the registration;

        (e)     if the applicant is a body corporate, the applicant's registered office—

              (i)     is located in the ACT; or

              (ii)     is located outside the ACT and circumstances exist that justify the grant of the registration;

        (f)     the applicant is able to ensure compliance with any conditions that will apply to the registration.

    (3)     The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has—

        (a)     given information that is false or misleading in a material particular; or

        (b)     failed to give any material information that should have been given.

    (4)     If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.

    (5)     If the regulator does not make a decision within 120 days after receiving the application or additional information requested under section 268, the regulator is taken to have refused to grant the registration applied for.

Note     A refusal to grant a registration (including under s (5)) is a reviewable decision (see  s 676).



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