inspections before the plant starts or re-starts operations; s. 5 compliance code means a compliance code approved by the Minister under Part 12; S. 5(1) def. of contribution inserted by No. 28/2005 s. 28. contribution means a contribution the amount of which is determined in accordance with section 151A(2); S. 5(1) def of correspond-ing Authority amended by No. 66/2008 s. 32(1). corresponding Authority means a Government department or a statutory authority of the Commonwealth Government, or of the Government of another State or of a Territory, that is responsible for administering a law corresponding to this Act, the Dangerous Goods Act 1985 or the Equipment (Public Safety) Act 1994; designated work group means a group of employees established under Division 1 or 2 of Part 7; disclose in relation to information includes divulge or communicate to any person or publish; s. 5 eligible person in relation to a reviewable decision has the meaning given by section 127;
substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour; supply includes supply and resupply by way of sale, exchange, lease, hire or hire-purchase, whether as principal or agent; Tribunal the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses); workplace a place, whether or not in a building or structure, where employees or selfemployed persons work. (2) For the purposes of this Act and the regulations— S. 5(2)(a) substituted by No. 37/2014 s. 10(Sch. item 117(a)). following persons are taken to be employed by the Crown under a contract of service— police officer within the meaning of the Victoria Police Act 2013; (ii) a police reservist within the meaning of the Victoria Police Act 2013; (iii) a protective services officer within the meaning of the Victoria Police Act 2013; and S. 5(2)(b) amended by No. 37/2014 s. 10(Sch. item 117(b)).
likely contravention, to which the notice relates and may, in particular, include— direction that if the person has not remedied the contravention, likely contravention, matters or activities (as the case may be) by the date and time (if any) specified in the notice, an activity to which the notice relates is to cease until an inspector has certified in writing that the contravention, likely contravention, matters or activities have been remedied; and directions, or interim conditions on the carrying on of any activities to which the notice relates, that the inspector considers necessary to minimise risks to the health or safety of a person. (4) A person to whom an improvement notice is issued must comply with the notice. 500 penalty for a natural person; 2500 penalty units for a body corporate. (5) An offence against subsection (4) is an indictable offence. Note to s. 111(5) amended by No. 68/2009 s. 97(Sch. item 90.22). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).
is the occupier for the time being of the workplace. (2) A person to whom a non-disturbance notice, improvement notice or prohibition notice is issued must as soon as possible— the person is an employee, give a copy of the notice to his or her employer; or the person is not an employee or is an employer who is a copy of the notice in accordance with paragraph (a)— the notice to the attention of each other person whose work is affected by the notice; and (ii) give a copy of the notice to each health and safety representative who represents employees whose work is affected by the notice; and (iii) display a copy of the notice in a prominent at or near the workplace, or part of the workplace, at which work is being performed that is affected by the notice. 5 penalty units for a natural person; 25 penalty units for a body corporate. 116 Formal irregularities or defects in notices s. 116
person complies with the regulations or compliance code to the extent that it makes that provision— the person is, for the purposes of this Act and the regulations, taken to have complied with this Act or the regulations in relation to that duty or obligation. 153 Offence to give false or misleading information (1) A person must not give information in complying or purportedly complying with this Act or the regulations that the person knows to be false or misleading in a material particular. 240 penalty for a natural person; 1200 penalty units for a body corporate. (2) A person must not produce a document in complying or purportedly complying with this Act or the regulations that the person knows to be false or misleading in a material particular without— the respect in which it is false or misleading; and practicable, providing correct information. 240 penalty for a natural person; 1200 penalty units for a body corporate. 154 Protection against self-incrimination s. 154
s. 171 (1) Despite section 5 of the Subordinate Legislation Act 1994, the regulations made under the old Act that are listed in the table, as in force immediately before the commencement of this Part, continue on and after that commencement as though they had been made under this Act until the earlier of— they are revoked; or second anniversary of that commencement. Item Title Statutory rule number 1. Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 108/1994 2. Occupational Health and Safety (Confined Spaces) Regulations 1996 148/1996 3. Occupational Health and Safety (Hazardous Substances) Regulations 1999 143/1999 4. Occupational Health and Safety Resolution) Regulations 1999 94/1999 5. Occupational Health and Safety (Lead) Regulations 2000 62/2000 6. Occupational Health and Safety (Manual Handling) Regulations 1999 84/1999 7. Occupational Health and Safety Regulations 2002 104/2002 8. Occupational Health and Safety Regulations 2004 10/2004