Commonwealth Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY (SAFETY STANDARDS) REGULATIONS 1994 - REG 9.72

         (1)   If:

                (a)    a licence issued under regulation 9.20, a bridging licence or a certificate of compliance is in force in relation to an employer (the first operator ) and a major hazard facility; and

               (b)    another person (the second operator ) proposes to take control of the major hazard facility from the first employer;

the first operator must notify the Commission of this fact.

         (2)   The Commission may, by written notice, ask the first or second operator to give the Commission information about the proposal.

         (3)   If the Commission asks the first or second operator to give it information under subregulation (2), the information must be given to the Commission within the period specified in the notice.

Note 1    Providing advice and information to the Commission under this regulation will allow Comcare to advise operators on the application of this Part to the transfer of control.

Note 2    If a licence issued under regulation 9.20 , a bridging licence or a certificate of compliance is in force in relation to the first employer, and that licence or certificate will be in force for less than 12 months, the licence or certificate cannot be transferred to the second operator -- see regulation 9.34.