Commonwealth Numbered Acts

NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985 - SECT 38

38. (1) The Commission may, by writing, declare national standards and codes
of practice relating to occupational health and safety matters.

(2) Except as otherwise provided by a law other than this Act or by an award
or instrument made under such a law, a national standard or code of practice
is an instrument of an advisory character.

(3) A national standard or code of practice shall be published in the
prescribed manner.

(4) Before declaring a national standard or code of practice, the Commission
shall, by notice published in accordance with the regulations -

   (a)  set out the standard or code of practice the Commission proposes to
declare;

   (b)  invite interested persons to make representations in connection with
the proposed standard or code of practice by such date as is specified in
the notice; and

   (c)  specify an address or addresses to which representations in connection
with the proposed standard or code of practice may be forwarded.

(5) A person may, not later than the date specified in the notice, make
representations to the Commission in connection with the proposed standard or
code of practice, and the Commission shall give due consideration to any
representations so made and, if the Commission thinks fit, alter the proposed
standard or code of practice.

(6) The Commission shall, as soon as practicable after declaring a national
standard or code of practice, give a copy of the national standard or code of
practice to the Minister.