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WORK HEALTH AND SAFETY ACT 2011 - SECT 274

Approved codes of practice

  (1)   The Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice.

  (2)   The Minister may only approve, vary or revoke a code of practice under subsection   (1) if that code of practice, variation or revocation was developed by a process that involved consultation between:

  (a)   the Governments of the Commonwealth and each State and Territory; and

  (b)   unions; and

  (c)   employer organisations.

  (3)   A code of practice may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether:

  (a)   with or without modification; or

  (b)   as in force at a particular time or from time to time.

Note:   Subsection   (4) is included in some jurisdictions to deal with publication and commencement of an approved code of practice. Under this Act, an approved code of practice is a legislative instrument (see section   273B(1)) and so will be registered on the Federal Register of Legislation and commence in accordance with section   12 of the Legislation Act 2003 .

  (5)   As soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Minister must ensure that notice of the approval, variation or revocation is published in a newspaper circulating generally throughout the Commonwealth.

  (6)   The regulator must ensure that a copy of:

  (a)   each code of practice that is currently approved; and

  (b)   each document applied, adopted or incorporated (to any extent) by an approved code of practice;

is available for inspection by members of the public without charge at the office of the regulator during normal business hours.



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