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Work Health and Safety Act 2011
276Regulation-making powers
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276 Regulation-making powers
(1) The Executive may make regulations for this Act in relation to any
matter relating to work health and safety.
Note 1 A regulation may be made in relation to any matter that is required or
permitted to be prescribed by the Act or is necessary or convenient to be
prescribed for carrying out or giving effect to the Act (see Legislation
Act, s 44).
Note 2 Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
(2) A regulation may make provision in relation to matters set out in
schedule 3.
(3) A regulation may—
(a) be of general or limited application; or
(b) differ according to differences in time, place or circumstance; or
Note Power to make a regulation includes power to make different
provision for different categories (see Legislation Act, s 48).
Division 14.3 Regulation-making power, forms and fees
(c) leave any matter or thing to be, from time to time, determined,
applied or approved by the regulator, an inspector or any other
prescribed person or body of persons; or
Note A regulation may authorise or require an entity to make provision
about a matter, whether or not from time to time. Provision
includes determining the matter, applying an instrument to the
matter, being satisfied or forming an opinion about anything
relating to the matter, or doing anything else in relation to the
matter (see Legislation Act, s 52)
(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 as in force or remade from
time to time; or
(e) prescribe exemptions from complying with a regulation on the
terms and conditions (if any) prescribed; or
(f) allow the regulator to provide exemptions from complying with
a regulation on the terms and conditions (if any) prescribed or,
if a regulation allows, on the terms and conditions (if any)
determined by the regulator; or
(g) prescribe the following penalties for an offence under a
regulation:
(i) a tier E monetary penalty;
(ii) a tier F monetary penalty;
(iii) a tier G monetary penalty;
(iv) a tier H monetary penalty;
(v) a tier I monetary penalty.
Regulation-making power, forms and fees Division 14.3