Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 594

    (1)     The operator of a licensed major hazard facility must give written notice to the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Maximum penalty: tier I monetary penalty.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (2)     If a licence document for a licensed major hazard facility is lost, stolen or destroyed, the operator may apply to the regulator for a replacement document.

Note 1     An operator is required to keep the licence document available for inspection (see  s 587).

Note 2     A fee may be determined under the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act

,  s 278 for this provision.

Note 3     If a form is approved under the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act

,  s 277 for this provision, the form must be used.

    (3)     The application must include a declaration describing the circumstances in which the original document was lost, stolen or destroyed.

Note     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see

, pt 3.4).

    (4)     The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.

    (5)     If the regulator refuses to issue a replacement licence document, the regulator must give the operator written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note     A refusal to issue a replacement licence document is a reviewable decision (see  s 676).