Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 - SECT 7

Requirement to hold a certificate of competency

7. Requirement to hold a certificate of competency



(1) A person must not do any of the work encompassed by a
certificate of competency unless he or she holds an appropriate
certificate of competency in relation to that work.

Penalty: 100 penalty units.

(2) An employer must not allow an employee to do any such work unless the
employee holds an appropriate certificate of competency with respect to that
work.

Penalty: 100 penalty units.

(3) A person who holds a certificate of competency for rigging work is not
required to also hold a certificate of competency for crane or hoist operation
for the purpose of setting up or dismantling a crane or hoist if the operation
of the crane or hoist is integral to the setting up or dismantling.

(4) A reference to a certificate of competency in this regulation includes a
reference-

   (a)  to an equivalent certificate that was issued by a statutory authority
        outside Victoria; or

   (b)  to a certificate of competency that was issued under the Lifts and
        Cranes Act 1967, the Boilers and Pressure Vessels Act 1970 or the
        Scaffolding Act 1971 or regulations made under those Acts, and that
        was in force immediately before the day these Regulations came into
        operation; or

   (c)  to a certificate that is equivalent to a certificate of competency
        that was issued under the Lifts and Cranes Act 1967, the Boilers and
        Pressure Vessels Act 1970 or the Scaffolding Act 1971 or regulations
        made under those Acts, and that was in force immediately before the
        day these Regulations came into operation.

(5) A reference to a certificate of competency in this regulation does not
include a reference to a certificate that is presently suspended (either
wholly or in relation to the work being performed) in Victoria or another
Australian jurisdiction.

(6) Sub-regulation (4) only applies to a certificate that is being used in
accordance with the terms and conditions under which it was granted.