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Work Health and Safety Bill 2011

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2010-2011

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

Work Health and Safety Bill 2011

 

 

(8)     Clause 104, page 81 (lines 11 to 13), omit subclause (2) (not including the note), substitute:

             (2)  Subsection (1) does not apply if the defendant proves that:

                     (a)  the conduct was reasonable in the circumstances; and

                     (b)  a substantial reason for the conduct was to comply with the requirements of this Act or a corresponding WHS law.

[prohibited reasons]

(9)     Clause 106, page 82 (line 15), before “Conduct”, insert “(1)”.

[prohibited reasons]

(10)   Clause 106, page 83 (after line 25), at the end of the clause, add:

             (2)  Conduct referred to in section 105 is engaged in for a prohibited reason if it is engaged in for reasons that include a reason set out in paragraphs (1)(a) to (j).

[prohibited reasons]

(11)   Clause 110, page 86 (lines 3 to 17), omit the clause, substitute:

110   Reason for conduct to be presumed unless proved otherwise

             (1)  In proceedings for an offence of contravening section 104 or 107, if a prohibited reason is alleged for discriminatory conduct, that reason is presumed to be the reason for that conduct unless the defendant proves, on the balance of probabilities, that the reason was not the reason for the conduct.

Note:          Conduct is engaged in for a prohibited reason if it is engaged in for reasons that include a prohibited reason—see subsection 106(2).

             (2)  To avoid doubt, the burden of proof on the accused under subsection (1) is a legal burden of proof.

[prohibited reasons]

(12)   Clause 112, page 87 (after line 13), after subclause (2), insert:

Note:          Conduct is engaged in for a prohibited reason if it is engaged in for reasons that include a prohibited reason—see subsection 106(2).

[prohibited reasons]

(13)   Clause 112, page 87 (lines 31 to 34), omit subclause (4).

[prohibited reasons]

(14)   Clause 113, page 88 (line 14), omit “a substantial”, substitute “the”.

[prohibited reasons]

(15)   Clause 113, page 88 (line 16), omit “a substantial”, substitute “the”.

[prohibited reasons]