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OHS and SRC Legislation Amendment Bill 2006

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The Parliament of the

Commonwealth of Australia






OHS and SRC Legislation Amendment Bill 2005



(1)     Schedule 1, page 5 (after line 20), after item 3, insert:

3A  Section 4

Repeal the section, substitute:

4   Act excludes some State and Territory laws

Exclusion of State and Territory laws

             (1)  Subject to subsection (2), this Act is intended to apply to the exclusion of any law of a State or Territory (other than a law prescribed under subsection (3)) to the extent that the law of the State or Territory relates to occupational health or safety and would otherwise apply in relation to employers, employees or the employment of employees.

Note:          For the meaning of employer and employee , see section 5.

State or Territory laws not excluded from applying to situations not covered by this Act

             (2)  If, because of section 14 or 15, provisions of this Act do not apply in relation to a particular situation, subsection (1) is not intended to affect the application of State or Territory laws to that situation.

Allowing certain State or Territory laws to apply

             (3)  If a State or Territory law deals with a matter relating to occupational health or safety that is not dealt with by or under this Act, the regulations may prescribe the law as not being intended to be excluded by this Act.


             (4)  In this section, a reference to laws of a State or Territory includes a reference to such laws as they have effect as applied provisions within the meaning of the Commonwealth Places (Application of Laws) Act 1970 .

             (5)  In this section:

law includes a provision of a law (including, for example, a formula or a component of a formula).

[State and Territory laws about OHS matters]