Health and Safety at Work Act 2015

221 Status and publication of exemptions granted by regulator

(1)

An exemption granted under section 220 that is a class exemption is a legislative instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(2)

An exemption granted under section 220 that is not a class exemption is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

(3)

As soon as practicable after an exemption granted under section 220 is made, it must be—

(a)

notified in the Gazette; and

(b)

published on an Internet site maintained by or on behalf of the regulator.

(4)

The regulator’s reasons for granting the exemption (including why the exemption is appropriate) must be published in accordance with subsection (3)(b) together with the exemption.

(5)

A notification in the Gazette for the purpose of subsection (3)(a) does not have to incorporate the exemption.

(6)

In this section, class exemption means an exemption granted under section 220 that is of general application and that applies to classes of persons.