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Electrical Safety Act 2002
sec.254Replacement of chief executive by regulator
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### sec.254 Replacement of chief executive by regulator
This section applies to an amendment of this Act carried out by the Work Health and Safety Act 2011 , schedule 4 replacing in each amended provision a reference to the chief executive with a reference to the regulator.
A decision made or action taken by the chief executive made or taken before the amendment continues to have effect after the amendment.
For subsection (2) —
if the context permits; and
to give effect to the establishment of the office of regulator;
subsections (4) and (5) apply for the operation of the amended provision.
A reference to a decision or action made or taken under the provision by the regulator includes a reference to a decision or action made or taken by the chief executive before the amendment (the original chief executive decision or action ).
If—
any further decision or action must or may be taken in relation to the original chief executive decision or action; and
that decision or action would have been taken by the chief executive if the provision had not been amended;
the decision or action must or may be taken by the regulator.
Sections 179 , 180 , 181 and 184 , as they existed before being amended, continue to apply to the appointment, signature and certificate of the chief executive to which they applied before the amendment.
Without limiting subsection (6) , the regulator may issue a certificate under section 181 or 184 as amended, even though the matter certified arose before they were amended.
s 254 ins 2011 No. 18 s 389
(sec.254-ssec.1) This section applies to an amendment of this Act carried out by the Work Health and Safety Act 2011 , schedule 4 replacing in each amended provision a reference to the chief executive with a reference to the regulator.
(sec.254-ssec.2) A decision made or action taken by the chief executive made or taken before the amendment continues to have effect after the amendment.
(sec.254-ssec.3) For subsection (2) — if the context permits; and to give effect to the establishment of the office of regulator; subsections (4) and (5) apply for the operation of the amended provision.
(sec.254-ssec.4) A reference to a decision or action made or taken under the provision by the regulator includes a reference to a decision or action made or taken by the chief executive before the amendment (the original chief executive decision or action ).
(sec.254-ssec.5) If— any further decision or action must or may be taken in relation to the original chief executive decision or action; and that decision or action would have been taken by the chief executive if the provision had not been amended; the decision or action must or may be taken by the regulator.
(sec.254-ssec.6) Sections 179 , 180 , 181 and 184 , as they existed before being amended, continue to apply to the appointment, signature and certificate of the chief executive to which they applied before the amendment.
(sec.254-ssec.7) Without limiting subsection (6) , the regulator may issue a certificate under section 181 or 184 as amended, even though the matter certified arose before they were amended.
- (a) if the context permits; and
- (b) to give effect to the establishment of the office of regulator;
- (a) any further decision or action must or may be taken in relation to the original chief executive decision or action; and
- (b) that decision or action would have been taken by the chief executive if the provision had not been amended;