158Regulations

158 Regulations (1) The Governor in Council may make regulations for or with respect to the following— (a) the way in which duties or obligations imposed by this Act or the regulations are performed; (b) regulating or prohibiting specified activities or a specified class of activities— (i) at workplaces or a specified class of workplaces; or (ii) by a specified class of persons on whom duties or obligations are imposed by this Act— to eliminate or reduce risks to health or safety; S. 158(1)(c) amended by No. 41/2016 s. 6. (c) prescribing any matters with respect to licensing, registration, qualifications, permits or certificates of competency referred to in Part 6 (including providing for exemptions, the authorisation of persons as trainers and assessors and the examination of applicants for licences, permits or certificates of competency); (d) prescribing (whether or not by reference to Part 10) the circumstances and way in which a decision made under the regulations with respect to a licence, registration, qualifications, permit or certificate of competency referred to in Part 6 may be reviewed; (e) regulating or requiring the taking of any action to avoid an incident at a workplace or in the course of conducting an undertaking of an employer or self-employed person; (f) regulating, requiring or prohibiting the taking of any action in the event of an incident at a workplace or in the course of conducting an undertaking of an employer or self-employed person; (g) regulating or requiring— (i) the examination, testing, maintenance or repair of plant; or (ii) the examination, testing, analysis or labelling of any substance; (h) regulating or requiring the provision and use of protective clothing or equipment, or rescue equipment, in prescribed circumstances; (i) prescribing standards relating to the use of or exposure to any physical, biological, chemical or psychological hazard; (j) regulating or requiring the provision by employers of prescribed facilities for the welfare of persons at the workplace; (k) requiring records of prescribed activities, matters or things to be kept by prescribed persons; (l) requiring notice of prescribed activities, matters or things to be given to the Authority, an inspector or other prescribed person; (m) prescribing exemptions of specified persons or specified classes of persons from complying with any of the regulations on the terms and conditions (if any) prescribed; (n) allowing the Authority to provide exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed or, if the regulations allow, on the terms and conditions (if any) determined by the Authority; (o) prescribing fees for doing any act or providing any service for the purposes of this Act or the regulations and prescribing the circumstances and way in which fees are to be refunded; (p) prescribing a penalty for any contravention of the regulations not exceeding— (i) 100 penalty units for a natural person; and (ii) 500 penalty units for a body corporate, or 5 times the penalty prescribed for such a contravention by a natural person, whichever is the lesser; (q) any other matter or thing required or permitted by this Act to be prescribed or that is necessary to be prescribed to give effect to this Act. (2) The regulations may— (a) be of general or limited application; or (b) differ according to differences in time, place or circumstance; or (c) leave any matter or thing to be, from time to time, determined, applied or approved by the Authority, an inspector or any other prescribed person or body of persons; or (d) apply, adopt or incorporate any matter contained in any document formulated, issued or published by a person or body whether— (i) with or without modification; or (ii) as in force at a particular time or from time to time. Part 14—Repeal of old Act and transitional provisions Division 1—Repeal of Occupational Health and Safety Act 1985 159 Repeal The **Occupational Health and Safety Act 1985** is **repealed**. Division 2—Transitional provisions