Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 276

Regulation - making powers

  (1)   The Governor - General may make regulations in relation to:

  (a)   any matter relating to work health and safety; and

  (b)   any matter or thing required or permitted by this Act to be prescribed or that is necessary or convenient to be prescribed to give effect to this Act.

  (2)   Without limiting subsection   (1), the regulations may make provision for or in relation to matters set out in Schedule   3.

  (3)   The regulations may:

  (a)   be of general or limited application; or

  (b)   differ according to differences in time, place or circumstance; or

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

  (d)   apply, adopt or incorporate any matter contained in any document formulated, issued or published by a person or body whether:

  (i)   with or without modification; or

  (ii)   as in force at a particular time or as in force or remade from time to time; or

  (e)   prescribe exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed; or

  (f)   allow the regulator to provide exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed or, if the regulations allow, on the terms and conditions (if any) determined by the regulator; or

  (g)   prescribe fees for doing any act or providing any service for the purposes of this Act and prescribe the circumstances and way in which fees can be refunded, waived or reduced; or

  (h)   prescribe any of the following as the penalty for an offence under the regulations:

  (i)   a tier E monetary penalty;

  (ii)   a tier F monetary penalty;

  (iii)   a tier G monetary penalty;

  (iv)   a tier H monetary penalty;

  (v)   a tier I monetary penalty; or

  (i)   prescribe an infringement penalty for each infringement offence which must not exceed 20 per cent of the penalty for the offence which is prescribed as the infringement offence.


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