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Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting Safer Workplaces) Bill 2004
Schedule 1 Amendment of the Occupational Health and Safety (Commonwealth Employment) Act 1991

   

1  After section 11

Insert:

11A   Application of certain State and Territory laws that impose a criminal liability

             (1)  This section applies to a law of a State or of a Territory that:

                     (a)  imposes a criminal liability in respect of a person’s death that occurs during, or in relation to, the person’s employment or provision of services to another person; and

                     (b)  is prescribed by the regulations.

             (2)  This section also applies to Part 2A of the Crimes Act 1900 of the Australian Capital Territory in relation to each criminal liability imposed by that Part that is in respect of a person’s death that occurs during, or in relation to, the person’s employment or provision of services to another person.

Note:          The reference to Part 2A of the Crimes Act 1900 of the Australian Capital Territory is to be construed as a reference to that Part as originally enacted or made and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 .

             (3)  A law to which this section applies under subsection (1) or (2) has no effect to the extent to which it purports to impose a criminal liability mentioned in that subsection on an employer, employing authority or employee in respect of conduct (including an omission) occurring on or after the introduction day.

             (4)  In subsection (3):

employer , employing authority and employee have the meanings given by this Act.

introduction day means the day on which the Bill for the Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting Safer Workplaces) Act 2004 was introduced into the Parliament.

             (5)  To avoid doubt, subsection (2) does not limit the generality of subsection (1).

             (6)  This section has effect despite sections 4 and 11.