{"id":"F2025L00045","name":"Work Health and Safety (Re-installation of existing engineered stone benchtops, panels or slabs) Exemption 2024","slug":"work-health-and-safety-re-installation-of-existing-engineered-stone-benchtops-panels-or-slabs-exempt","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105820,"registerId":"commonwealth-F2025L00045-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Work Health and Safety (Re-installation of existing engineered stone benchtops, panels or slabs) Exemption 2024","content":"![Australian Government Comcare Logo](image.001.png)\n\nWork Health and Safety Regulations 2011\n\nRegulation 684\n\nWork Health and Safety (Re-installation of existing engineered stone benchtops, panels or slabs) Exemption 2024\n\nComcare, acting under regulation 684 of the Work Health and Safety Regulations 2011 (WHS Regulations), having taken into account all relevant matters, grants an exemption from compliance with regulation 529D of the WHS Regulations on the terms prescribed in the attached class exemption.\n\nDated this 30th day of October 2024\n\nSigned\n\n……………………………………………………………\n\nJustin Napier  \nGeneral Manager, Regulatory Operations Group, Comcare  \n![Australian Government Comcare logo](image.002.png)\n\nCLASS EXEMPTION\n\n    Name\n\nThis document may be cited as the Work Health and Safety (Re-installation of existing engineered stone benchtops, panels or slabs) Exemption 2024.\n\n    Applicant\n\nThis exemption is a class exemption granted by Comcare on its own initiative.\n\n    Persons to whom the exemption applies\n\nThis exemption applies to persons conducting a business or undertaking (PCBU) who carry out, direct or allows a worker to carry out, work to remove and reinstall an existing engineered stone benchtop, panel or slab in order to undertake repair or minor modifications to installed engineered stone.\n\n    The work or thing to which the exemption relates\n\nThis exemption applies to specific situations where it is necessary to remove an engineered stone benchtop, panel or slab from the underlying cabinetry in order to facilitate the repair or modification of cabinetry, or to give access to repair or modify some other underlying component, and then re-install the engineered stone benchtop, panel or slab when the work is completed.\n\n    The circumstances in which the exemption applies\n\nThis exemption will operate to exclude from the prohibition in regulation 529D a class of persons being any PCBU who carries out, directs or allows a worker to carry out the re-installation of an engineered stone benchtop, panel or slab that was removed in order for other work to be carried out on the premises.\n\n    The provisions to which the exemption applies\n\nThis exemption applies to regulation 529D.\n\n    Conditions on the exemption\n\nIn accordance with the provisions of regulation 685(b) of the WHS Regulations, an exemption has been granted from regulation 529D on the following conditions:\n\n    the exemption only applies to the re-installation of an engineered stone benchtop, panel or slab:\n\n    associated with repair or modification of underlying cabinetry or supporting structure, or to give access to repair or modify some other underlying component\n    in the same location from which it was removed; and\n    at the same address from which it was removed.\n\n    The exemption does not allow the installation of a replacement engineered stone benchtop, panel or slab if for any reason the original engineered stone benchtop, panel or slab cannot be re-installed.\n    The PCBU must:\n\n    provide notification to the regulator in accordance with regulation 529G\n    ensure that any processing of the engineered stone benchtop, panel or slab necessary to complete the re-installation is for the purpose of removal, repair or to make minor modification only, in accordance with regulation 529F, and\n    any processing is controlled.\n\n    Date of effect\n\nThis exemption takes effect on the day after it is registered on the Federal Register of Legislation.\n\n    Duration\n\nThis exemption applies until amendments are made to the WHS Regulations to enable the re-installation of an existing engineered stone benchtop, panel or slab or this exemption is revoked.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This exemption maintains its original narrow purpose. It was clearly designed from inception to address the specific practical gap of re-installing existing engineered stone during repair work, and it does exactly that without expanding into broader exceptions."},"complexity_factors":["Short, single-purpose instrument (approximately 1.5 pages)","Only 1 defined term used (PCBU — Person Conducting a Business or Undertaking, defined by reference to the parent Regulations)","Clear conditional structure with 3 specific conditions and 3 explicit prohibitions/limitations","No cross-references to other legislation beyond the parent WHS Regulations (specifically regs 529D, 529F, 529G, 684, 685)","Simple temporal scope (effective immediately upon registration, expires upon revocation or regulatory amendment)","Narrow factual scope limited to a specific physical scenario (removal and re-installation at same location)"],"plain_english_summary":"This exemption lets businesses temporarily lift and then re‑fit the same engineered‑stone benchtop at the same address to carry out repairs or minor work beneath, without breaching the general ban on working with engineered stone. It affects tradespeople, their employers and homeowners, and requires regulator notice and strict dust‑control measures—preserving the installation ban while avoiding a practical obstacle to legitimate repairs."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument narrows the application of the prohibition in regulation 529D by creating a class exemption permitting re-installation in specific repair or modification scenarios. It limits re-installation to the same location and address, prohibits installing replacements if the original cannot be re-used, and conditions the exemption on notification (reg 529G) and controlled, minor processing (reg 529F). The exemption is time-limited by regulatory amendment or revocation."},"complexity_factors":["Interdependence with multiple other WHS provisions (references to reg 529D, reg 529F, reg 529G, and the exemption power at reg 684/685(b))","Narrow, conditional scope (same location/address, limited to repairs/modifications) requiring factual assessments by PCBUs","Operational compliance requirements: regulator notification and demonstrating processing is limited and controlled","Ambiguous terms that require interpretation (eg ‘controlled’, ‘minor modification’, and what counts as ‘re-installation’ versus ‘replacement’)","Temporal uncertainty: exemption lasts until WHS Regulations are amended or the exemption is revoked","Class exemption granted on regulator’s initiative rather than individual applications, affecting many PCBUs simultaneously"],"plain_english_summary":"This exemption allows a PCBU to re-install an existing engineered stone benchtop, panel or slab that was removed to repair or modify underlying cabinetry or other components, provided it is put back in the same location at the same address and only undergoes controlled, minor processing. It affects PCBUs and workers by creating a narrow exception to regulation 529D and imposing regulator notification and processing controls (see regs 529D, 529F, 529G)."}},"importantCases":[],"_links":{"self":"/api/acts/work-health-and-safety-re-installation-of-existing-engineered-stone-benchtops-panels-or-slabs-exempt","history":"/api/acts/work-health-and-safety-re-installation-of-existing-engineered-stone-benchtops-panels-or-slabs-exempt/history","analysis":"/api/acts/work-health-and-safety-re-installation-of-existing-engineered-stone-benchtops-panels-or-slabs-exempt/analysis","conflicts":"/api/acts/work-health-and-safety-re-installation-of-existing-engineered-stone-benchtops-panels-or-slabs-exempt/conflicts","importantCases":"/api/acts/work-health-and-safety-re-installation-of-existing-engineered-stone-benchtops-panels-or-slabs-exempt/important-cases","documents":"/api/acts/work-health-and-safety-re-installation-of-existing-engineered-stone-benchtops-panels-or-slabs-exempt/documents"}}