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Work Health and Safety Act 2011
274Approved codes of practice
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274 Approved codes of practice
(1) The Minister may approve a code of practice for the purposes of this
Act.
Note The power to approve a code of practice includes the power to amend or
repeal the approval of the code of practice. The power to amend or repeal
the approval is exercisable in the same way, and subject to the same
conditions, as the power to make it (see Legislation Act, s 46).
(2) The Minister may only approve a code of practice (other than a code
of practice in relation to the management, control or removal of
asbestos or asbestos containing material) if the code of practice was
developed by a process that involved consultation between—
(a) the Governments of the Commonwealth and each State and
Territory; and
(b) unions; and
(c) employer organisations.
(3) An approved code of practice may apply, adopt or incorporate an
instrument, as in force from time to time.
Note 1 The text of an applied, adopted or incorporated instrument, whether
applied as in force from time to time or as at a particular time, is taken to
be a notifiable instrument if the operation of the Legislation Act, s 47 (5)
or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the Legislation Act.
Note 3 A reference to an instrument includes a reference to a provision of an
instrument (see Legislation Act, s 14 (2)).
(4) An approval of a code of practice is a notifiable instrument.
Note 1 A notifiable instrument must be notified under the Legislation Act.
Note 2 An amendment or repeal of an approval of a code of practice is also a
notifiable instrument (see Legislation Act, s 46 (2)).
(5) The Minister must, as soon as practicable after approving a code of
practice, give additional public notice of the approval.
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The
requirement in s (5) is in addition to the requirement for notification on
the legislation register as a notifiable instrument.
(6) The regulator must ensure that a copy of—
(a) each code of practice that is currently approved; and
(b) each document applied, adopted or incorporated (to any extent)
by an approved code of practice;
is available for inspection by members of the public without charge
at the office of the regulator during normal business hours.