Occupational Health and Safety (General Amendment) Regulations 1998

i Occupational Health and Safety (General Amendment) Regulations 1998 S.R. No. 5/1998 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provision 1 PART 2—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY (ASBESTOS) REGULATIONS 1992 2 3. Principal Regulations 2 4. Amendment of definitions 2 5. Amendment of references to Chief Executive 2 6. Amendment of references to the Occupational Health and Safety Authority 3 7. Amendment of references to Minister 3 8. Statute Law Revision 3 PART 3—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY (CERTIFICATION OF PLANT USERS AND OPERATORS) REGULATIONS 1994 4 9. Principal Regulations 4 10. Amendment of definitions 4 11. Amendment of references to Minister 4 PART 4—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY(LEAD CONTROL) REGULATIONS 1988 6 12. Principal Regulations 6 13. Amendment of definitions 6 14. Amendment of Principal Regulations 7 -- 1 of 13 -- Regulation Page ii PART 5—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY (NOISE) REGULATIONS 1992 8 15. Principal Regulations 8 16. Amendment of definition 8 17. Amendment of Principal Regulations 8 PART 6—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY (PLANT) REGULATIONS 1995 9 18. Principal Regulations 9 19. Amendment of definitions 9 20. Amendment of Principal Regulations 9 ═══════════════ NOTES 11 -- 2 of 13 -- 1 STATUTORY RULES 1998 S.R. No. 5/1998 Occupational Health and Safety Act 1985 Occupational Health and Safety (General Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 20 January 1998 Responsible Minister: ROGER M. HALLAM Minister for Finance SHARNE BRYAN Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to amend certain regulations made under the Occupational Health and Safety Act 1985— (a) to alter certain references as a result of amendments made under the Accident Compensation (Occupational Health and Safety) Act 1996; and (b) to make other minor administrative changes. 2. Authorising provision These Regulations are made under section 59 of the Occupational Health and Safety Act 1985. _______________ -- 3 of 13 -- S.R. No. 5/1998 Occupational Health and Safety (General Amendment) Regulations 1998 2 PART 2—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY (ASBESTOS) REGULATIONS 1992 3. Principal Regulations In this Part, the Occupational Health and Safety (Asbestos) Regulations 1992 1 are called the Principal Regulations. 4. Amendment of definitions In regulation 6(1) of the Principal Regulations— (a) in the definition of "approved analyst", for "Chief Executive" substitute "Authority"; and (b) in the definition of "approved medical practitioner"— (i) for "Occupational Health and Safety Authority" substitute "Authority"; and (ii) for "Chief Executive" substitute "Authority"; and (c) in the definition of "approved removalist", for "Chief Executive" substitute "Authority"; and (d) after the definition of "approved removalist" insert— ' " Authority" means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;'; and (e) the definition of "Chief Executive" is revoked. 5. Amendment of references to Chief Executive r. 3 r. 5 -- 4 of 13 -- S.R. No. 5/1998 Occupational Health and Safety (General Amendment) Regulations 1998 3 In regulations 11, 24, 35, 36 and 37 of the Principal Regulations for "Chief Executive" (wherever occurring) substitute "Authority". 6. Amendment of references to the Occupational Health and Safety Authority In regulations 20, 24, 32 and 35 of the Principal Regulations for "Occupational Health and Safety Authority" (wherever occurring) substitute "Authority". 7. Amendment of references to Minister In regulation 36(4) of the Principal Regulations, for "Minister" substitute "Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1984". 8. Statute Law Revision In regulation 11 of the Principal Regulations, sub- regulation (5) is revoked. _______________ -- 5 of 13 -- S.R. No. 5/1998 Occupational Health and Safety (General Amendment) Regulations 1998 4 PART 3—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY (CERTIFICATION OF PLANT USERS AND OPERATORS) REGULATIONS 1994 9. Principal Regulations In this Part, the Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 2 are called the Principal Regulations. 10. Amendment of definitions In regulation 6 of the Principal Regulations— (a) before the definition of "boiler" insert— ' "Authority" means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;'; and (b) in the definition of "certificate assessor", for "Minister" substitute "Authority"; and (c) in the definition of "certificate of competency", for "Minister" substitute "Authority". 11. Amendment of references to Minister In the Principal Regulations— (a) in regulations 8, 10, 11, 12, 15, 16, 19, 20, 21, 23, 24, 25, 27, 28, 29, 31, 32, 35 and 36 for "Minister" (wherever occurring) substitute "Authority"; (b) in regulation 9— (i) for "Minister" (wherever occurring) substitute "Authority"; and r. 9 -- 6 of 13 -- S.R. No. 5/1998 Occupational Health and Safety (General Amendment) Regulations 1998 5 (ii) in sub-regulations (3), (6) and (7), for "he or she" (wherever occurring) substitute "the Authority"; and (c) in regulation 18— (i) for "Minister" (wherever occurring) substitute "Authority"; and (ii) in sub-regulation (2)(a), for "the Minister's" substitute "the Authority's"; and (iii) in sub-regulation (2)(b), for "him or her" substitute "the Authority"; and (d) in regulation 22— (i) for "Minister" (wherever occurring) substitute "Authority"; and (ii) in sub-regulation (2)(a), for "the Minister's" substitute "the Authority's"; and (iii) in sub-regulation (2)(b), for "him or her" substitute "the Authority"; and (e) in regulation 26— (i) for "Minister" (wherever occurring) substitute "Authority"; and (ii) in sub-regulation (1), for "he or she" substitute "it"; and (iii) in sub-regulation (2)(a), for "the Minister's" substitute "the Authority's"; and (iv) in sub-regulation (2)(b), for "him or her" substitute "the Authority". _______________ r. 11 -- 7 of 13 -- S.R. No. 5/1998 Occupational Health and Safety (General Amendment) Regulations 1998 6 PART 4—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY(LEAD CONTROL) REGULATIONS 1988 12. Principal Regulations In this Part, the Occupational Health and Safety (Lead Control) Regulations 19883 are called the Principal Regulations. 13. Amendment of definitions In regulation 5 of the Principal Regulations— (a) in the definition of "Authorised Medical Practitioner"— (i) for "Department of Labour" substitute "Authority"; and (ii) for "Director-General" substitute "Authority"; and (iii) for "our" substitute "out"; and (b) after the definition of "Authorised Medical Practitioner" insert— ' "Authority" means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985.'; and (c) in the definition of "Biological Monitoring", for "Director-General" substitute "Authority"; and (d) the definition of "Director-General" is revoked; and (e) in the definition of "Lead processes", for "Director-General" substitute "Authority". r. 12 -- 8 of 13 -- S.R. No. 5/1998 Occupational Health and Safety (General Amendment) Regulations 1998 7 14. Amendment of Principal Regulations In the Principal Regulations— (a) in regulations 16, 17, 19 and 20 for "Director-General" (wherever occurring) substitute "Authority"; (b) in regulation 21, for "Minister" substitute "Authority". _______________ r. 14 -- 9 of 13 -- S.R. No. 5/1998 Occupational Health and Safety (General Amendment) Regulations 1998 8 PART 5—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY (NOISE) REGULATIONS 1992 15. Principal Regulations In this Part, the Occupational Health and Safety (Noise) Regulations 19924 are called the Principal Regulations. 16. Amendment of definition In regulation 6 of the Principal Regulations after the definition of "administrative controls" insert— ' "Authority" means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985.'. 17. Amendment of Principal Regulations In the Principal Regulations— (a) in regulations 15(3), 15(10) and 16(1) for "Chief Executive Officer of the Occupational Health and Safety Authority" substitute "Authority"; and (b) in regulation 16— (i) in sub-regulations (2), (3), (4) and (5) for "Chief Executive" (wherever occurring) substitute "Authority"; and (ii) in sub-regulation (4), for "Minister" substitute "Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1984". _______________ r. 15 -- 10 of 13 -- S.R. No. 5/1998 Occupational Health and Safety (General Amendment) Regulations 1998 9 PART 6—AMENDMENTS TO OCCUPATIONAL HEALTH AND SAFETY (PLANT) REGULATIONS 1995 18. Principal Regulations In this Part, the Occupational Health and Safety (Plant) Regulations 19955 are called the Principal Regulations. 19. Amendment of definitions In regulation 105(1) of the Principal Regulations— (a) after the definition of "administrative controls" insert— ' "agency" means a person or body that has the power under the law of the Commonwealth of Australia or the law of an Australian State or Territory to require design notification or registration of plant in a manner which is reasonably equivalent to the requirements under Part 10 of these Regulations;'; and (b) for the definition of "Authority", substitute— ' "Authority" means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;'; and (c) in the definition of "published technical standard", for "Authority" substitute "agency". 20. Amendment of Principal Regulations In the Principal Regulations— r. 18 -- 11 of 13 -- S.R. No. 5/1998 Occupational Health and Safety (General Amendment) Regulations 1998 10 (a) in regulation 107(5) for "Minister's" substitute "Authority's"; and (b) in regulations 107, 307, 404, 1001, 1002, 1006(2), 1007, 1008(1), 1008(3), 1008(4), 1008(6) and 1010 for "Minister" (wherever occurring) substitute "Authority"; and (c) in regulations 1004, 1005, 1006(2) and 1011 for "Authority" substitute "agency"; and (d) in regulation 1006(1) and 1008(2) for "Minister or the Authority" (wherever occurring) substitute "Authority or the agency". ═══════════════ r. 20 -- 12 of 13 -- S.R. No. 5/1998 Occupational Health and Safety (General Amendment) Regulations 1998 11 NOTES 1 S.R. No. 195/1992. Reprinted to S.R. No. 184/1995. 2 S.R. No. 108/1994. Reprinted to S.R. No. 83/1995. 3 S.R. No. 268/1988. 4 S.R. No. 196/1992. Reprinted to S.R. No. 185/1995. 5 S.R. No. 81/1995. Notes -- 13 of 13 --