Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 - SECT 8

People to whom regulation 7 does not apply

8. People to whom regulation 7 does not apply



(1) Regulation 7(1) does not apply to a person-

   (a)  who is undertaking training in accordance with Part 3 for the purpose
        of gaining a certificate of competency; or

   (b)  who is a person who is authorised to work under regulation 14; or

   (c)  who was exempted from holding a certificate of competency under an
        exemption that was in force immediately before the day these
        Regulations came into operation, but only for so long as the terms (if
        any) of that exemption continue to be complied with and-

   (i)  only for so long as was provided for in that exemption; or

   (ii) only until the exemption is revoked by the Authority-

(whichever occurs sooner); or

   (d)  who is performing work that is the subject of a notice of exemption
        under regulation 9(3)(a).

(2) Regulation 7(2) does not apply to an employer in respect of the
performance of work by an employee to whom regulation 7(1) does not apply in
respect of that work.

(3) A reference to an exemption in sub-regulation (1)(c) does not include a
reference to an exemption prescribed under the Lifts and Cranes (Certification
of Operators) (Exemption) Regulations 1992.

(4) Regulation 7 also does not apply to a person operating or employing
another person to operate-

   (a)  a fork-lift truck; or

   (b)  an order-picking fork-lift truck-

in connection with the normal work of primary production or
forestry operations while the person is operating or employing another person
to operate that equipment.

(5) Regulation 7 also does not apply to any person operating or employing
another person to operate any of the classes of pressure equipment listed in
Schedule 2 while the person is operating or employing another person to
operate that equipment and the conditions (if any) set out in Schedule 2 in
relation to that equipment have been, or are being, (as the case may be)
complied with.