Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 540

Inquiry procedure

    (1)     This section sets out the procedure for an inquiry.

    (2)     The regulator must give a written notice to the person referred to in subsection (3)—

        (a)     informing the person of the reasons for the inquiry; and

        (b)     advising the person that the person may, by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the inquiry.

    (3)     Notice under subsection (2) must be given—

        (a)     for an inquiry about a facility in relation to which a notification has been given under section 536 (Operators of certain facilities must notify regulator) or section 537 (Notification—proposed facilities)—to the contact person identified in the notification; and

        (b)     in any other case—to the operator of the facility.

    (4)     The regulator must—

        (a)     if the recipient of the notice has made a submission in relation to the inquiry—consider that submission; and

        (b)     consult with interested persons including—

              (i)     health and safety representatives at the facility; and

              (ii)     the emergency service organisations that have responsibility for the area in which the facility is located; and

              (iii)     any Commonwealth government department or agency, or territory authority or administrative unit, with a regulatory role in relation to major hazard facilities; and

        (c)     decide whether or not to make a determination under section 541 or section 542 (Determination in relation to over-threshold facility); and

        (d)     if it decides to make a determination under section 541 or section 542—decide whether or not to make a determination in relation to the operator under section 543 (Suitability of facility operator).



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