Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 538

  (1)   A notification under regulation   536 must be made in the manner and form required by the regulator.

  (2)   The notification must include the following:

  (a)   information about the facility, including the nature of its operations;

  (b)   information about the operator, including the matters specified in subregulation   (3);

  (c)   information about the Schedule   15 chemicals present or likely to be present at the facility;

  (d)   the nomination of a contact person with whom the regulator can communicate for the purposes of:

  (i)   this Part; and

  (ii)   the licensing process;

  (e)   any additional information required by the regulator.

Note:   See section   268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

  (3)   The information given under paragraph   (2)(b) must include the following:

  (a)   the operator's name;

  (b)   whether or not the operator is a body corporate;

  (c)   any other evidence of the operator's identity required by the regulator;

  (d)   if the operator is an individual:

  (i)   a declaration as to whether or not the operator has ever been convicted or found guilty of any offence under the Act, these Regulations or any other current or former law of the Commonwealth or a State that deals with occupational health and safety matters; and

Note:   Division   3 of Part   VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.

  (ii)   details of any conviction or finding of guilt declared under subparagraph   (i); and

  (iii)   a declaration as to whether or not the operator has ever entered into an enforceable undertaking under the Act or any other current or former law of the Commonwealth or a State that deals with occupational health and safety matters; and

  (iv)   details of any enforceable undertaking declared under subparagraph   (iii); and

  (v)   if the operator has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal; and

  (vi)   if the operator has previously held an equivalent licence under a corresponding WHS law, a declaration:

  (A)   describing any condition imposed on that licence; and

  (B)   stating whether or not that licence had been suspended or cancelled and, if so, whether or not the operator had been disqualified from applying for an equivalent licence; and

  (C)   giving details of any suspension, cancellation or disqualification;

  (e)   if the operator is a body corporate, the information specified in paragraph   (d) in relation to:

  (i)   the operator; and

  (ii)   each officer of the operator.

  (4)   The notification must be accompanied by the relevant fee.

  (5)   If the information that is required to be included in a notification is national security information, the operator of the facility complies with the requirement by giving the regulator a summary, in a form approved by the regulator, of that information.

  (6)   In this regulation:

"national security information" means information the disclosure of which is likely to prejudice Australia's national security.