South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 738

738—Existing use, handling or storing of prohibited or restricted carcinogens (regulations 380 and 381)

        (1)         This regulation applies if on the relevant day a person conducting a business or undertaking at a workplace is using, handling or storing—

            (a)         a prohibited carcinogen to which regulation 380 applies (the "relevant regulation"); or

            (b)         a restricted carcinogen to which regulation 381 applies (also the "relevant regulation").

        (2)         Subregulation (3) applies to the person if the person makes an application (a "transitional application") to the regulator under regulation 383 for an authorisation for use, handling or storage within 12 months after the relevant day.

        (3)         The relevant regulation does not apply to the person until—

            (a)         the transitional application is granted; or

            (b)         the transitional application is refused and any review or appeal in relation to the decision to refuse the application has ended.