Australian Capital Territory Numbered Regulations

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OCCUPATIONAL HEALTH AND SAFETY (CERTIFICATION OF PLANT USERS AND OPERATORS) REGULATIONS 2000 (2000 NO 48) - REG 30

Review of decisions

(1)         A person may apply to the administrative appeals tribunal for a review of a decision mentioned in regulation 29.

(3)         An application for review must be made within 14 days after the notice of the decision is given to the person affected by the decision.

(4)         The decision of the administrative appeals tribunal on an application under this regulation has effect as if it were a decision by the commissioner, or the assessor.

31.           Further information—applications

    The commissioner or an assessor may, by written notice, require a person who made an application under these regulations to give the commissioner or the assessor further information, either orally or in writing, relating to the application.

33.           Exemptions

(1)         The commissioner may, whether on application by a person or otherwise, by written notice, exempt a person or class of persons from the operation of any of the provisions of these regulations.

(3)         The commissioner may—

    a     issue an exemption; or

    b     refuse to issue an exemption.

(4)         An exemption is subject to any conditions stated in the notice of exemption.

(6)         An exemption, variation or revocation of an exemption, takes effect—

    b     if the exemption, variation or revocation is given on application—

    i     on the day when notice of the exemption, variation or revocation is received by the applicant or holder of the exemption; or

    ii     if the notice states a later day of effect—that day; or

    a     in any other case—

    i     on the day notice of the exemption, variation or revocation is given by the commissioner to the person; or

    ii     if the notice states a later day of effect—that day.

34.           Production of certificates etc on request

    A person doing scheduled work must, when requested by the commissioner or an inspector, produce—

    a     a certificate of competency, or exemption, for the work; and

    b     if the person is a trainee—the trainee's record of training under regulation 18 (Trainees' obligations); and

    c     a sample of the person's usual signature.

Maximum penalty: 5 penalty units.

18.           Lost, stolen etc certificates

(1)         If the commissioner is satisfied that a certificate of competency or certificate of accreditation is lost, stolen, damaged or destroyed the commissioner must issue a replacement certificate.

(3)         On receiving an application for a replacement certificate, the commissioner may—

    a     issue a replacement certificate; or

    b     by written notice given to the holder, refuse to issue a replacement certificate.

(4)         If a certificate is replaced because it is lost or damaged, the holder of the certificate must—

    a     surrender the original certificate if it is found; or

    b     surrender the damaged certificate.

Maximum penalty (subregulation (3)): 5 penalty units.

35.           Applications—false or misleading information

    A person must not give information that is false or misleading in a material particular in, or in support of, an application made by a person under these regulations.

Maximum penalty: 10 penalty units.

30.           Approved forms

(1)      The commissioner may approve forms for these regulations.

(2)      If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose.

36.           Existing certificates

(1)      This regulation applies to—

    a     a certificate of competency issued under regulation 159 of the regulations under the Scaffolding and Lifts Act 1912 (NSW); or

    b     a boiler attendant's certificate issued under Part 4 of the Boilers and Pressure Vessels Regulations .

(2)      A person who holds a certificate to which this regulation applies that was in force immediately before the commencement of these regulations is, after that commencement, taken to have been issued a certificate under regulation 12 (Issue of certificates of competency).



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