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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
540Inquiry procedure
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540 Inquiry procedure
(1) This regulation sets out the procedure for an inquiry.
(2) The regulator must give a written notice to the person referred to in
subregulation (3):
(a) informing the person of the reasons for the inquiry; and
(b) advising the person that the person may, by a specified date
(being not less than 28 days after the notice is given), make a
submission to the regulator in relation to the inquiry.
(3) Notice under subregulation (2) must be given:
(a) for an inquiry about a facility in relation to which a notification
has been given under regulation 536 or 537 – to the contact
person identified in the notification; and
(b) in any other case – to the operator of the facility.
(4) The regulator must:
(a) if the recipient of the notice has made a submission in relation
to the inquiry – consider that submission; and
(b) consult with interested persons including:
(i) health and safety representatives at the facility; and
(ii) the emergency service organisations that have
responsibility for the area in which the facility is located;
and
(iii) any government department or agency with a regulatory
role in relation to major hazard facilities; and
(c) decide whether or not to make a determination under
regulation 541 or 542; and
(d) if it decides to make a determination under regulation 541
or 542 – decide whether or not to make a determination in
relation to the operator under regulation 543.