Workplace Health and Safety Amendment (Fees) Regulations 2007

Workplace Health and Safety Amendment (Fees) Regulations 2007

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Workplace Health and Safety Act 1995 .

7 May 2007

W. J. E. COX

Governor

By His Excellency's Command,

STEVEN KONS

Minister for Justice and Workplace Relations

1.   Short title

These regulations may be cited as the Workplace Health and Safety Amendment (Fees) Regulations 2007 .

2.   Commencement

These regulations take effect on the seventh day after the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Workplace Health and Safety Regulations 1998 are referred to as the Principal Regulations.

4.    Regulation 39 amended (Requirement to hold certificate of competency)

Regulation 39 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulations:

(4)  In addition, subregulations (1) and (2) do not apply if the person performing the work holds a notice of satisfactory assessment issued by a registered assessor indicating that the person is competent to perform the specified task.

(5)  A notice of satisfactory assessment remains in force until whichever of the following occurs first:

(a) the expiration of the period of 60 days after the date of issue of the notice;

(b) the person receives notice that his or her application for a certificate of competency has been refused;

(c) the person is issued with a certificate of competency.

5.    Regulation 40 substituted

Regulation 40 of the Principal Regulations is rescinded and the following regulation is substituted:

40.   Application for certificate of competency

(1)  An application for a certificate of competency in relation to a specified task may be made by –

(a) if the specified task is work or a task set out in Schedule 5 , a person who a registered assessor is satisfied meets the eligibility requirements for that specified task; or

(b) if the specified task is work or a task determined by the Director to be a specified task, a person who meets the requirements determined by the Director for that specified task.

(2)  For the purpose of subregulation (1)(a) , the eligibility requirements are –

(a) any conditions of eligibility for that task specified in the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment issued by Worksafe Australia; and

(b) any other requirements determined by the Director.

(3)  An application under subregulation (1)(a) is to be –

(a) in a form approved by the Director; and

(b) accompanied by –

(i) verification by the registered assessor that the assessor has sighted proof of the applicant's identity and age; and

(ii) any information required by the Director or by the national standard referred to in subregulation (2)(a) for an application for that specified task; and

(iii) the application fee prescribed in Part 1 of Schedule 12 .

(4)  An application under subregulation (1)(b) is to be –

(a) in a form approved by the Director; and

(b) accompanied by –

(i) any information required by the Director; and

(ii) the application fee prescribed in Part 1 of Schedule 12 ; and

(iii) the assessment fee, if any, prescribed in Part 2 of Schedule 12 for the specified task to which the application relates.

6.    Regulation 41 amended (Issue of certificate of competency)

Regulation 41 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (6) "Director" and substituting "Director, on payment of the fee prescribed in Part 2 of Schedule 12 ,";

(b) by inserting the following subregulations after subregulation (6) :

(7)  The Director, on payment of the fee prescribed in Part 2 of Schedule 12 , may issue a replacement certificate if satisfied that a certificate has been lost, damaged or destroyed or that it is otherwise appropriate to do so.

(8)  A certificate of competency is to –

(a) be in a form approved by the Director; and

(b) show all specified tasks that the person to whom the certificate relates is competent to perform.

7.    Regulation 45 amended (Application for registration)

Regulation 45 of the Principal Regulations is amended as follows:

(a) by inserting the following subregulation after subregulation (1) :

(1A)  An application for registration may relate to –

(a) in the case of an application for registration as an assessor, one or more specified tasks; and

(b) in the case of an application for registration as a plant inspector, one or more items of registered plant.

(b) by omitting from subregulation (2)(b) "Director." and substituting "Director; and";

(c) by inserting the following paragraph after paragraph (b) in subregulation (2) :

(c) accompanied by –

(i) the application fee prescribed in Part 1 of Schedule 12 ; and

(ii) the registration fee prescribed in Part 3 of Schedule 12 .

8.    Regulation 46 amended (Issue of registration)

Regulation 46 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulations:

(2A)  A registration is to –

(a) be in a form approved by the Director; and

(b) in the case of registration as an assessor, show all specified tasks that the person is competent to assess; and

(c) in the case of registration as a plant inspector, show all items of registered plant that the person is competent to inspect.

(3)  If the Director refuses an application, the Director is to –

(a) give the applicant written notice of the refusal and the reason for it; and

(b) refund the registration fee to the applicant.

9.    Regulation 51 amended (Expiry and renewal of registration)

Regulation 51 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (3) and substituting the following subregulation:

(3)  An application for renewal is to be –

(a) in a manner and form determined by the Director; and

(b) accompanied by the renewal fee prescribed in Part 4 of Schedule 12 .

(b) by inserting the following subregulation after subregulation (4) :

(4A)  If the Director refuses to grant an application for renewal, the Director is to refund the renewal fee to the applicant.

10.    Regulation 97 amended (Application for registration of plant design)

Regulation 97(2)(b) of the Principal Regulations is amended as follows:

(a) by omitting from subparagraph (iv) "plant." and substituting "plant; and";

(b) by inserting the following subparagraph after subparagraph (iv) :

(v) the application fee prescribed in Part 1 of Schedule 12 .

11.    Regulation 103 amended (Application for registration of item of plant)

Regulation 103(2)(b) of the Principal Regulations is amended as follows:

(a) by omitting from subparagraph (iii) "operate." and substituting "operate; and";

(b) by inserting the following subparagraph after subparagraph (iii) :

(iv) the application fee prescribed in Part 1 of Schedule 12 .

12.    Regulation 105 amended (Invalidation of registration of item of plant or plant design)

Regulation 105 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1) "or plant design" after "registered plant";

(b) by inserting in subregulation (1)(a) "or plant design" after "plant";

(c) by inserting in subregulation (2) "or plant design" after "the plant";

(d) by inserting in subregulation (2) "or plant design" after "of plant".

13.    Regulation 121 amended (Asbestos removal licence)

Regulation 121 of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulations:

(2)  An application is to be –

(a) in a manner and form approved by the Director; and

(b) accompanied by –

(i) the application fee prescribed in Part 1 of Schedule 12 ; and

(ii) the licence fee prescribed in Part 3 of Schedule 12 .

(2A)  The Director may –

(a) subject to subregulation (3), grant the application; or

(b) refuse to grant the application.

(2B)  If the Director refuses to grant the application, the Director is to refund the licence fee to the applicant.

14.    Regulation 121A amended (Renewal of asbestos removal licence)

Regulation 121A of the Principal Regulations is amended as follows:

(a) by omitting subregulation (2) and substituting the following subregulation:

(2)  An application for renewal is to be –

(a) in a manner and form determined by the Director; and

(b) accompanied by the renewal fee prescribed in Part 4 of Schedule 12 .

(b) by inserting the following subregulation after subregulation (3) :

(3A)  If the Director refuses to grant the application, the Director is to refund the renewal fee to the applicant.

15.    Regulation 128B inserted

After regulation 128A of the Principal Regulations , the following regulation is inserted in Part 5:

128B.   Fees

(1)  The fees specified in Parts 1 , 2 , 3 and 4 of Schedule 12 are prescribed as the fees that are payable for the various matters to which they respectively relate.

(2)  The fees specified in Parts 1 , 2 , 3 and 4 of Schedule 12 are GST exclusive.

16.    Schedule 1 amended (Definitions)

Clause 1 of Schedule 1 to the Principal Regulations is amended by inserting after the definition of glove bag the following definition:

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

17.    Schedule 11 amended (Infringement notice offences)

Schedule 11 to the Principal Regulations is amended by inserting in column 3 of item 56 in Part 2 "or plant design" after "plant".

18.    Schedule 12 inserted

After Schedule 11 to the Principal Regulations , the following Schedule is inserted:

SCHEDULE 12 - Fees

Regulation 128B

PART 1 - Application fees

Item	Provision of regulations	Matter	Amount (Fee units)
1.	Regulation 40(3) and (4)	Certificate of competency	29
2.	Regulation 45(2)	Registration as an assessor	61.98
3.	Regulation 45(2)	Registration as a plant inspector	165.29
4.	Regulation 97(2)	Registration of plant design	53.72
5.	Regulation 103(2)	Registration of item of plant	53.72
6.	Regulation 121(2)	Asbestos removal licence	165.29

PART 2 - Other fees

Item	Provision of regulations	Matter	Amount (Fee units)
1.	Regulation 41(6)	Fee for issue of a certificate of competency where equivalent certificate held	18
2.	Regulation 41(7)	Fee for issue of a replacement certificate of competency	18
3.	Regulation 40(4)	Assessment fee for a certificate of competency gas fitting (natural gas) –
		(a) Type A appliance	61.98
		(b) Type B appliance	90.91
		(c) Type B appliance (restricted)	90.91

PART 3 - Licence and registration fees

Item	Provision of regulations	Matter	Amount (Fee units)
1.	Regulation 45(2)	Registration as an assessor for –
		(a) one specified task	413.22
		(b) more than one specified task	619.83
2.	Regulation 45(2)	Registration as a plant inspector for –
		(a) one item of registered plant	413.22
		(b) more than one item of registered plant	619.83
3.	Regulation 121(2)	Asbestos removal licence –
		(a) Class A	619.83
		(b) Class B	413.22

PART 4 - Renewal fees for licences and registrations

Item	Provision of regulations	Matter	Amount (Fee units)
1.	Regulation 51(3)	Renewal of registration as an assessor for –
		(a) one specified task	330.58
		(b) more than one specified task	537.19
2.	Regulation 51(3)	Renewal of registration as a plant inspector for –
		(a) one item of registered plant	330.58
		(b) more than one item of registered plant	537.19
3.	Regulation 121A(2)	Renewal of asbestos removal licence –
		(a) Class A	537.19
		(b) Class B	330.58

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 16 May 2007

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Workplace Health and Safety Regulations 1998 by –

(a) prescribing the fees payable for a range of matters under the Workplace Health and Safety Act 1995 ; and

(b) making further provision in relation to applications for a certificate of competency; and

(c) introducing an interim certificate of competency known as a notice of satisfactory assessment; and

(d) making further provision in relation to applications for registration as an assessor or plant inspector; and

(e) making minor consequential and miscellaneous amendments.