Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 578

  (1)   An application for a major hazard facility licence must be made in the manner and form required by the regulator.

  (2)   The application must include the following information:

  (a)   the operator's name;

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

  (c)   if the operator conducts the business or undertaking under a business name, that business name and a certificate or other written evidence of the registration of the business name;

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

  (e)   the safety case prepared under Division   4 of Part   9.3;

  (f)   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:

  (A)   the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

  (B)   any corresponding WHS law;

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:

  (A)   the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

  (B)   any corresponding WHS law;

  (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 any licence; and

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

  (g)   if the operator is a body corporate, the information referred to in paragraph   (f) in relation to:

  (i)   the operator; and

  (ii)   each officer of the operator.

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 application must be accompanied by the relevant fee.