Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 157

    (1)     If a person conducting a business or undertaking at a workplace applies for an exemption, the chief executive must—

        (a)     grant the exemption; or

        (b)     refuse to grant the exemption.

    (2)     The chief executive must not grant an exemption unless satisfied that—

        (a)     the reasons for the exemption are reasonable; and

        (b)     the person nominated to carry out the high risk work is competent; and

        (c)     the applicant will take the steps stated in the application to ensure the high risk work is carried out safely; and

        (d)     the high risk work will be carried out safely.

    (3)     If the chief executive refuses to grant an exemption, the chief executive must give the applicant written reasons for the refusal.

Note     Power to make a statutory instrument includes power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).