South Australian Current Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 533

533—Meaning of " "operator of a facility or proposed facility

        (1)         In this Chapter—

"operator", of a facility, is the person conducting the business or undertaking of operating the facility who has—

            (a)         management or control of the facility; and

            (b)         the power to direct that the whole facility be shut down.

        (2)         In this Chapter—

"operator of a proposed facility" means—

            (a)         the operator of a proposed facility that is an existing workplace; or

            (b)         the person who is to be the operator of a proposed facility that is being designed or constructed.

        (3)         If more than 1 person is an operator of the facility within the meaning of subregulation (1)—

            (a)         1 of those persons must be selected as the operator of the facility for the purposes of this Chapter; and

            (b)         that person's details must be given to the regulator.

        (4)         The person selected—

            (a)         must notify the regulator of the nomination; and

            (b)         may do so by including it in a notification under regulation 536.

        (5)         The person selected under subregulation (3) is the operator of the facility for the purposes of this Chapter.

        (6)         If a selection is not made, each of the following persons is taken to be an operator of the facility for the purposes of this Chapter:

            (a)         each operator within the meaning of subregulation (1) who is an individual;

            (b)         for each operator within the meaning of subregulation (1) that is a body corporate—each officer of the body corporate.



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