Commonwealth Consolidated Regulations

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OCCUPATIONAL HEALTH AND SAFETY (SAFETY ARRANGEMENTS) REGULATIONS 1991 - REG 39

Review of decisions by returning officers

         (1)   Subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for review of a decision of a returning officer under subregulation 28 (1) ('irregularities at election') by a person whose interests are affected by the decision.

         (2)   A returning officer must take such steps as are reasonable in the circumstances to give a person whose interests are affected by the decision written notice of:

                (a)    the making of the decision; and

               (b)    the right to have the decision reviewed by the Administrative Appeals Tribunal; and

                (c)    except where subsection 28 (4) of the Administrative Appeals Tribunal Act 1975 applies, the right to be given a statement under section 28 of that Act.

         (3)   Failure to comply with subregulation (2) in relation to a decision does not affect the validity of the decision.

38A          Modifications of the Act in relation to officers under the Export Control Act 1982 , the Imported Food Control Act 1992 , the Meat Inspection Act 1983 and the Quarantine Act 1908

         (1)   This regulation applies to an employee who:

                (a)    is appointed as:

                          (i)    an authorised officer under section 20 of the Export Control Act 1982 ; or

                         (ii)    an authorised officer under section 40 of the Imported Food Control Act 1992 ; or

                        (iii)    an authorised officer under section 32 of the Meat Inspection Act 1983 ; or

                        (iv)    a person appointed as a quarantine officer (no matter how described) under subsection 9AA (3) of the Quarantine Act 1908 ; or

                         (v)    a person appointed, or authorised to act, as a temporary quarantine officer under section 9A of that Act; and

               (b)    ordinarily performs his or her work as an authorised officer at a place that is not Commonwealth premises.

         (2)   For the purposes of section 15 of the Act, the Act, other than Parts 1 and 2 and section 82, applies in relation to the employee and to the employee's place of work, subject to the modifications and adaptations set out in Schedule 5.



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