South Australian Current Acts

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WORK HEALTH AND SAFETY ACT 2012 - SECT 276

276—Regulation-making powers

        (1)         The Governor may make regulations in relation to—

            (a)         any matter relating to work health and safety; and

            (b)         any matter or thing required or permitted by this Act to be prescribed or that is necessary or convenient to be prescribed to give effect to this Act.

        (2)         Without limiting subsection (1), the regulations may make provision in relation to matters set out in Schedule 3.

        (3)         The regulations may—

            (a)         be of general or limited application; or

            (b)         differ according to differences in time, place or circumstance; or

            (c)         leave any matter or thing to be, from time to time, determined, applied or approved by the regulator, an inspector or any other prescribed person or body of persons; or

            (d)         apply, adopt or incorporate any matter contained in any document formulated, issued or published by a person or body whether—

                  (i)         with or without modification; or

                  (ii)         as in force at a particular time or as in force or remade from time to time; or

            (e)         prescribe exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed; or

            (f)         allow the regulator to provide exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed or, if the regulations allow, on the terms and conditions (if any) determined by the regulator; or

            (g)         prescribe fees for doing any act or providing any service for the purposes of this Act and prescribe the circumstances and way in which fees can be refunded, waived or reduced; or

            (h)         prescribe a penalty for any contravention of the regulations not exceeding $30 000; or

                  (i)         prescribe—

                  (i)         offences against this Act or the regulations that are to be taken to be infringement offences for the purposes of this Act; and

                  (ii)         an expiation fee for each offence which is declared or prescribed by this Act or the regulations to be an infringement offence, which fee must not exceed 20% of the penalty for the offence which is declared or prescribed as the infringement offence.



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