Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 284

  (1)   The regulator, on application by the registration holder, may amend a registration, including by amending the registration to vary or delete a condition of the registration.

  (2)   If the regulator proposes to refuse to amend the registration, the regulator must give the registration holder a written notice:

  (a)   informing the registration holder of the proposed refusal to amend the registration and the reasons for the proposed refusal; and

  (b)   advising the registration holder that the registration holder may, by a specified date (being not less than 28 days after giving the notice) make a submission to the regulator in relation to the proposed refusal.

  (3)   After the date specified in a notice under subregulation   (2), the regulator must:

  (a)   if the registration holder has made a submission in relation to the proposed refusal--consider that submission; and

  (b)   whether or not the registration holder has made a submission--decide:

  (i)   to make the amendment applied for; or

  (ii)   not to make any amendment; or

  (iii)   to make a different amendment that results from consideration of any submission made by the registration holder; and

  (c)   within 14 days after making the decision--give the registration holder written notice in accordance with this regulation.

  (4)   If the regulator makes the amendment applied for, the notice under paragraph   (3)(c) must specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect.

  (5)   If the regulator refuses to make the amendment, or makes a different amendment, the notice under paragraph   (3)(c) must:

  (a)   if a submission was made in relation to the proposed refusal of the amendment applied for--set out the reasons for the decision; and

  (b)   if the regulator makes a different amendment:

  (i)   set out the amendment; and

  (ii)   specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect.

Note:   A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation   676).