Document ID: chunk:federal_register_of_legislation:C2008A00157:clause:3_2
Version: federal_register_of_legislation:C2008A00157
Segment Type: clause
Provision Reference: sch 3 cl 2
Character Range: 5050–6321

2  Function and power to declare national standards and codes of practice

(1) It is a function of Safe Work Australia to declare national standards and codes of practice relating to occupational health and safety matters.

(2) Safe Work Australia may, by written instrument, declare a national standard or code of practice in relation to an occupational health and safety matter.

(3) Before declaring a national standard or code of practice, Safe Work Australia must consult in accordance with item 3 of this Schedule.

(4) As soon as practicable after Safe Work Australia declares a national standard or code of practice, it must publish in the Gazette:
 (a) the title and objective of the standard or code; and
 (b) information as to how people may obtain a copy of the standard or code.

(5) Safe Work Australia must, as soon as practicable after declaring a national standard or code of practice, give a copy of the standard or code to the Minister.

(6) A national standard or code of practice is an instrument of an advisory character and is not a legislative instrument.

Note: Even though national standards and codes of practice are advisory in character, they may be adopted and given legal effect to by a law, or by an award or instrument made under a law.