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Work Health and Safety (Transitional and Consequential Provisions) Bill 2011

2010-2011

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

As passed by both Houses

 

 

 

 

 

 

 

 

 

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011

 

No.      , 2011

 

 

 

 

 

A Bill for an Act to deal with transitional and consequential matters in connection with the Work Health and Safety Act 2011 , and for related purposes

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

4............ Definitions.......................................................................................... 2

5............ Regulations......................................................................................... 4

Schedule 1—Repeal of the Occupational Health and Safety Act 1991 5

Occupational Health and Safety Act 1991                                                              5

Schedule 2—Transitional provisions                                                                           6

Part 1—Application generally                                                                                    6

Part 2—Application of duties imposed under WHS Act                            7

Part 3—Notifiable incidents etc.                                                                            12

Part 4—Work groups, health and safety representatives and committees               13

Part 5—Comcare and inspectors                                                                            16

Part 6—Enforcement measures                                                                               18

Part 7—Other matters                                                                                                  19

Schedule 3—Safety, Rehabilitation and Compensation Act 1988           21

Part 1—Consequential amendments                                                                     21

Safety, Rehabilitation and Compensation Act 1988                                           21

Part 2—Transitional provisions relating to regulatory contributions and licence fees       25

Schedule 4—Other consequential amendments                                                  27

Social Security Act 1991                                                                                           27

 



A Bill for an Act to deal with transitional and consequential matters in connection with the Work Health and Safety Act 2011 , and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Sections 4 and 5

At the same time as the Work Health and Safety Act 2011 commences.

1 January 2012

3.  Schedules 1 to 4

At the same time as the Work Health and Safety Act 2011 commences.

1 January 2012

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4   Definitions

                   In this Act:

Comcare means the body corporate established under section 68 of the SRC Act.

commencing day means 1 January 2012.

Commission means the Safety, Rehabilitation and Compensation Commission established by section 89A of the SRC Act.

modifications include additions, omissions and substitutions.

OHS Act means the Occupational Health and Safety Act 1991 and includes any instrument made under that Act.

plant :

                     (a)  in relation to duties imposed under the OHS Act that continue to apply because of a provision of this Act—has the same meaning as in the OHS Act; and

                     (b)  in relation to duties imposed under the WHS Act—has the same meaning as in the WHS Act.

residual operation of OHS Act has the meaning given by item 13 of Schedule 2.

SRC Act means the Safety, Rehabilitation and Compensation Act 1988 and includes any instrument made under that Act.

structure :

                     (a)  in relation to duties imposed under the OHS Act that continue to apply because of a provision of this Act—has the same meaning as in the OHS Act; and

                     (b)  in relation to duties imposed under the WHS Act—has the same meaning as in the WHS Act.

substance :

                     (a)  in relation to duties imposed under the OHS Act that continue to apply because of a provision of this Act—has the same meaning as in the OHS Act; and

                     (b)  in relation to duties imposed under the WHS Act—has the same meaning as in the WHS Act.

supply :

                     (a)  in relation to duties imposed under the OHS Act that continue to apply because of a provision of this Act—has the same meaning as in the OHS Act; and

                     (b)  in relation to duties imposed under the WHS Act—has the same meaning as in the WHS Act.

WHS Act means the Work Health and Safety Act 2011 and includes any instrument made under that Act .

5   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1):

                     (a)  the regulations may make provisions of a transitional, application or saving nature relating to the repeal of the OHS Act and the enactment of the WHS Act; and

                     (b)  regulations made for the purposes of paragraph (a) may make modifications of this Act, the WHS Act, the OHS Act and the SRC Act.