Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 553

  (1)   If the regulator is not satisfied that a safety case outline provided by the operator of a determined major hazard facility will lead to the development of a safety case that complies with regulation   561, the regulator may require the operator to alter the outline.

  (2)   If the regulator proposes to require an operator to alter a safety case outline, the regulator must give the operator a written notice:

  (a)   informing the operator of the proposed requirement and the reasons for it; and

  (b)   advising the operator that the operator may make a submission to the regulator in relation to the proposed requirement; and

  (c)   specifying the date (being not less than 28 days) by which the submission must be made.

  (3)   The regulator must:

  (a)   if the operator has made a submission in relation to the proposed requirement to alter a safety case outline--consider that submission; and

  (b)   whether or not the operator has made a submission--decide whether or not to require the operator to alter the outline; and

  (c)   within 14 days after deciding, give the operator written notice of the decision, including details of the alteration required and the reasons why it is required.

  (4)   The operator must alter the outline as required.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (5)   The operator must give the regulator a copy of a safety case outline that has been altered:

  (a)   under this regulation; or

  (b)   by the operator on the operator's initiative.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (6)   The safety case outline as altered becomes the safety case outline for the major hazard facility.