Content of notification
538 Content of notification
This section applies to a notification under section 536 (Operators of certain facilities must notify regulator).
The notification must include the following:
information about the facility, including the nature of its operations;
information about the operator, including the matters specified in subsection (3);
information about the Schedule 15 chemicals present or likely to be present at the facility;
the nomination of a contact person with whom the regulator can communicate for the purposes of—
this part; and
the licensing process;
any additional information required by the regulator.
Note 1 If a form is approved under the Act, s 277 for this provision, the form must be used.
Note 2 A fee may be determined under the Act, s 278 for this provision.
Note 3 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
The information given under subsection (2) (b) must include the following:
the operator’s name;
whether or not the operator is a body corporate;
any other evidence of the operator’s identity required by the regulator;
if the operator is an individual—
a declaration as to whether or not the operator has ever been convicted or found guilty of any offence under the Act or this regulation or under any corresponding WHS law; and
Note 1 Found guilty—see the Legislation Act, dictionary, pt 1.
Note 2 A conviction does not include a spent conviction (see Spent Convictions Act 2000, s 16 (c) (i)).
details of any conviction or finding of guilt declared under subparagraph (i); and
a declaration as to whether or not the operator has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; and
Note Corresponding WHS law—see s 9A.
details of any enforceable undertaking declared under subparagraph (iii); and
if the operator has previously been refused a major hazard facility licence under a corresponding WHS law, a declaration giving details of that refusal; and
if the operator has previously held a major hazard facility licence under a corresponding WHS law, a declaration—
describing any condition imposed on that licence; and
stating whether or not that licence had been suspended or cancelled and, if so, whether or not the operator had been disqualified from applying for a major hazard facility licence; and
giving details of any suspension, cancellation or disqualification;
if the operator is a body corporate, the information specified in paragraph (d) in relation to—
the operator; and
each officer of the operator.
Note A fee may be determined under the Act, s 278 for this provision.
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