Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 540

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

  (2)   The regulator must give a written notice to the person referred to in subregulation   (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 subregulation   (2) must be given:

  (a)   for an inquiry about a facility in relation to which a notification has been given under regulation   536 or   537--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 government department or agency with a regulatory role in relation to major hazard facilities; and

  (c)   decide whether or not to make a determination under regulation   541 or 542; and

  (d)   if it decides to make a determination under regulation   541 or 542--decide whether or not to make a determination in relation to the operator under regulation   543