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Work Health and Safety (Transitional and Consequential Provisions) Act 2012
An Act to provide for savings and transitional matters and to amend, repeal, rescind and revoke certain legislation consequent on the enactment of the Work Health and Safety Act 2012
[Royal Assent 4 May 2012]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Work Health and Safety (Transitional and Consequential Provisions) Act 2012 .
This Act commences on the day on which the Work Health and Safety Act 2012 commences.
In this Act –commencement day means the day on which the new Act commences;former Act means the Workplace Health and Safety Act 1995 as in force immediately before the commencement day;former regulations means the Workplace Health and Safety Regulations 1998 as in force immediately before the commencement day;new Act means the Work Health and Safety Act 2012 ;new legislative scheme means the new Act and the regulations made under that Act;old legislative scheme means –(a) the former Act and former regulations; and(b) the Dangerous Substances (Safe Handling) Act 2005 and the Dangerous Substances (Safe Handling) Regulations 2009 .
PART 2 - Savings and Transitional Provisions
(1) Subject to subsections (3) and (4) , the duties imposed on a designer under section 22 of the new Act do not apply to or in relation to the designing by the designer of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the designer commenced, or commenced and completed, designing the plant, substance or structure before the commencement day.(2) If –(a) subsection (1) applies in relation to the designing of plant, a substance or a structure by a designer; and(b) section 14 of the former Act would apply to the designing if that section were still in operation –then –(c) the designer must, in relation to the designing of the plant, substance or structure, comply with the relevant requirements of section 14 of the former Act as if the former Act were still in operation; and(d) if the designer fails to comply with paragraph (c) , the designer may be prosecuted under the former Act, in relation to the designing of that plant, substance or structure, as if the former Act were still in operation.(3) If a designer commenced designing any plant, substance or structure before the commencement day but has not completed the design by thesecond anniversaryof the commencement day, subsection (1) ceases to apply in relation to the design of the plant, substance or structure and the designer must comply with the requirements under section 22 of the new Act in relation to the duties of a designer.(4) If –then the designer must comply with the requirement as if that section applied in relation to the plant, substance or structure.(a) a designer, on or after the commencement day, carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the former Act; and(b) the designer would, if the calculations, analysis, testing or examination were carried out under the new Act, be subject to a requirement set out in section 22(4)(b) or (5) of the new Act –
(1) Subject to subsections (3) and (4) , the duties imposed on a manufacturer under section 23 of the new Act do not apply to or in relation to the manufacture by the manufacturer of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the manufacturer commenced, or commenced and completed, any process associated with the manufacturing of the plant, substance or structure before the commencement day.(2) If –(a) subsection (1) applies in relation to the manufacture of a plant, substance or structure by a manufacturer; and(b) section 14 of the former Act would apply to the manufacture if that section were still in operation –then –(c) the manufacturer must, in relation to the manufacture of the plant, substance or structure, comply with the relevant requirements of section 14 of the former Act as if the former Act were still in operation; and(d) if the manufacturer fails to comply with paragraph (c) , the manufacturer may be prosecuted under the former Act, in relation to the manufacture of that plant, substance or structure, as if the former Act were still in operation.(3) If a manufacturer commenced any process associated with the manufacturing of any plant, substance or structure before the commencement day but has not completed the manufacturing by the first anniversary of the commencement day, subsection (1) ceases to apply in relation to the manufacture of the plant, substance or structure and the manufacturer must comply with the requirements under section 23 of the new Act in relation to the duties of a manufacturer.(4) If –the manufacturer must comply with those requirements as if that section applied in relation to the plant, substance or structure.(a) a manufacturer, on or after the commencement day, carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the former Act; and(b) the manufacturer would, if the calculations, analysis, testing or examination were carried out under the new Act, be subject to a requirement set out in section 23(4)(b) or (5) of the new Act –
(1) Subject to subsections (3) and (4) , the duties imposed on an importer under section 24 of the new Act do not apply to or in relation to the importing by the importer of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the importer commenced, or commenced and completed, any steps constituting the importation of the plant, substance or structure before the commencement day.(2) If –(a) subsection (1) applies in relation the importing of a plant, substance or structure; and(b) section 14 of the former Act would apply to the importation if that section were still in operation –then –(c) the importer must, in relation to the importation of the plant, substance or structure, comply with the relevant requirements of section 14 of the former Act as if the former Act were still in operation; and(d) if the importer fails to comply with paragraph (c) , the importer may be prosecuted under the former Act, in relation to the importation of that plant, substance or structure, as if the former Act were still in operation.(3) If an importer commenced any process associated with the importing of any plant, substance or structure before the commencement day but has not completed the importing by the first anniversary of the commencement day, then the importer will, in relation to the importing of the plant, substance or structure, cease to have the benefit of subsection (1) and the importer must comply with the requirements under section 24 of the new Act in relation to the duties of an importer.(4) If –the importer must comply with those requirements as if that section applied in relation to the plant, substance or structure.(a) an importer, on or after the commencement day,carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the former Act; and(b) the importer would, if the calculations, analysis, testing or examination were carried out under the new Act, be subject to a requirement set out in section 24(4)(b) or (5) of the new Act –
(1) Subject to subsections (3) and (4) , the duties imposed on a supplier under section 25 of the new Act do not apply to or in relation to the supply by the supplier of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the supplier commenced, or commenced and completed, any process associated with the supply of the plant, substance or structure before the commencement day.(2) If –(a) subsection (1) applies in relation to the supply of a plant, substance or structure by a supplier; and(b) section 14 of the former Act would apply to the supply if that section were still in operation –then –(c) the supplier must, in relation to the supply of the plant, substance or structure, comply with the relevant requirements of section 14 of the former Act as if the former Act were still in operation; and(d) if the supplier fails to comply with paragraph (c) , then the supplier may be prosecuted under the former Act, in relation to the supply of that plant, substance or structure as if the former Act were still in operation.(3) If a supplier commenced any process associated with the supply of any plant, substance or structure before the commencement day but has not completed the supplying by the first anniversary of the commencement day, then subsection (1) ceases to apply in relation to the supply of the plant, substance or structure and the supplier must comply with the requirements under section 25 of the new Act in relation to the duties of a supplier.(4) If –the supplier must comply with those requirements as if that section applied in relation to the plant, substance or structure.(a) a supplier, on or after the commencement day, carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the former Act; and(b) the supplier would, if the calculations, analysis, testing or examination were carried out under the new Act, be subject to a requirement set out in section 25(4)(b) or (5) of the new Act –
8. Duties of persons who install, construct or commission plant or structures
(1) In this section –designated person means a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure.(2) Subject to subsection (3) , the duties imposed on a designated person under section 26 of the new Act do not apply to or in relation to the installation, construction or commissioning of any plant or structure if the designated person commenced, or commenced and completed, any process associated with the installation, construction or commissioning of the plant or structure before the commencement day.(3) If a designated person commenced any process associated with the installation, construction or commissioning of any plant or structure before the commencement day but has not completed the installation, construction or commissioning by the second anniversary of the commencement day, then subsection (2) ceases to apply in relation to the installation, construction or commissioning of the plant or structure and the designated person must comply with the requirements under section 26 of the new Act in relation to the duties of a designated person.
If a person was appointed as an inspector under the former Act and, immediately before the commencement day, holds that office –(a) that person is taken to have been appointed as an inspector under section 156 of the new Act in respect of the remainder of the term for which he or she was appointed under the former Act; and(b) an identity card issued to the inspector under the former Act is taken to have been issued under section 157 of the new Act.
10. Employees' safety representative
(1) A person who was elected as an employees' safety representative under the former Act and, immediately before the commencement day, holds that office –(a) is taken to have been elected as a health and safety representative under Part 5 of the new Act; and(b) is to hold that office for a period of 3 years from the date of that person's election as an employees' safety representative under the former Act, unless that person ceases to hold office under section 64(2) of the new Act.(2) If, immediately before the commencement day, an election process to appoint an employees' safety representative has been commenced but not completed in accordance with the former regulations –(a) subject to subsection (3) , that election process may continue after the commencement day in accordance with the procedures under the former regulations; and(b) the person elected under that process is to be taken to have been elected as a health and safety representative under the new Act.(3) If an election process under subsection (2) has not been completed within 3 months after the commencement day, that process must be discontinued and a new election process commenced under the new Act.(4) Section 85(6) of the new Act does not apply to an employees' safety representative referred to in subsection (1) for a period of 12 months from the commencement day.(5) If an employees' safety representative referred to in subsection (1) was, immediately before the commencement day, eligible to issue a written direction under regulation 36(2) of the former regulations, section 90(4) of the new Act does not apply to that representative for a period of 12 months from the commencement day.(6) If a person has been prohibited under regulation 38(4)(b) of the former regulations from being appointed as an employees' safety representative, that person is not, for the term determined by the Director under that regulation, eligible for election under section 60 of the new Act.
(1) If a person is –the work group for that person is taken to be the workers at that person's workplace.(a) taken to have been elected as a health and safety representative under the new Act pursuant to section 10(1) of this Act; or(b) taken to have been elected as a health and safety representative under the new Act pursuant to section 10(2) of this Act –(2) When a health and safety representative referred to in subsection (1) ceases to hold that office, the work group for that health and safety representative ceases to exist.(3) For the avoidance of doubt, after a work group ceases to exist pursuant to subsection (2) , a new work group may be determined under Part 5 of the new Act if a request for the election of a health and safety representative is made under section 50 of the new Act.
12. Health and safety committees
(1) A health and safety committee that is –is taken to be a health and safety committee for the purposes of the new Act.(a) established under section 26 of the former Act; and(b) in existence immediately before the commencement day –(2) If the composition of the health and safety committee referred to in subsection (1) is inconsistent with the requirements for a health and safety committee under section 76 of the new Act, the membership of that committee must be changed, within 12 months of the commencement day, so that the composition of the committee complies with section 76 of the new Act.(3) If the membership referred to in subsection (2) is not changed within 12 months of the commencement day to comply with section 76 of the new Act, the person conducting the business or undertaking or the workers at the workplace may ask the regulator to appoint an inspector to decide the appropriate composition of the committee.
(1) If a person, immediately before the commencement day, holds an OHS access card under the former Act, the card is taken to be a WHS entry permit, issued under the new Act, until whichever of the following events occurs first:(a) the expiry of the day on which the OHS access card would have ceased to remain in force under the former Act had that Act not been repealed;(b) the permit expires under section 137 of the new Act;(c) the permit is revoked under section 140(1)(c) of the new Act.(2) If, on the commencement day, an application for an OHS access card had been made under section 22C of the former Act and the Director has not made a decision under section 22E of that Act in relation to that application –(a) the regulator may make a decision under section 22E in relation to that application as if he or she were the Director and that section had not repealed; and(b) the requirements of the new Act for the issue of a WHS entry permit to the person are taken to be satisfied; and(c) instead of issuing an OHS access card, the regulator is to issue the applicant with a WHS entry permit under section 134 of the new Act.
14. Investigative powers and related matters
(1) An inspector may, on or after the commencement day, perform or exercise a function or power of an inspector under the new Act for the purposes of –(a) an investigation or legal proceeding in respect of an act, or omission, which occurred before the commencement day and that may constitute, before the commencement day, an offence under the former Act or former regulations; or(b) any other matter under the former Act or former regulations that continues to have force or effect.(2) For the purposes of subsection (1) –(a) a reference in the new Act to a contravention of that Act is to be taken to include a contravention of the former Act; and(b) a reference in the new Act to an offence against that Act is to be taken to include an offence against the former Act.
(1) A code of practice approved by the Minister under section 22 of the former Act is taken to be an approved code of practice for the purposes of section 274 of the new Act if that code of practice is prescribed.(2) Section 274(2) of the new Act does not apply to a variation or revocation, under section 274(1) of that Act, of an approved code of practice to which subsection (1) applies.
(1) If, immediately before the commencement day, a notice given or served under section 14A, 38, 39 or 40 of the former Act is in force and effect –until the notice has been complied with, has expired or has been revoked under the former Act.(a) the notice continues in force and effect; and(b) the provisions of the former Act continue to apply in relation to that notice as if the former Act had not been repealed –(2) The regulator may, after the commencement day, revoke a notice issued under section 14A, 38, 39 or 40 of the former Act as if he or she were the Director and those sections had not been repealed.
An appeal or review relating to a decision made under the former Act may be lodged or continued under section 41 of that Act after the commencement day, as if that Act had not been repealed.
(1) If a written direction was issued by an employees' safety representative under regulation 36 of the former regulations and before the commencement day –regulation 36 of the former regulations continues in force in relation to the written direction as if the regulation had not been rescinded.(a) the action specified in the direction to be taken had not been taken; or(b) the direction had not been cancelled –(2) If a direction or advice was issued by an employees' safety representative under regulation 37 of the former regulations and before the commencement day –regulation 37 of the former regulations continues in force in relation to the direction or advice as if the regulation had not been rescinded.(a) the action specified in the direction or advice as being taken had not been taken; or(b) the direction or advice had not been cancelled –(3) For the purposes of regulations 36 and 37 of the former regulations, as continued in force under this section in relation to a direction or advice, a reference to an inspector in those regulations is taken to be a reference to an inspector appointed under the new Act.
If an undertaking is given to the Secretary under section 55A of the former Act and that undertaking is still in effect immediately before the commencement day –(a) that undertaking continues in force until it is fulfilled, withdrawn or it expires; and(b) that section applies to that undertaking as if the former Act had not been repealed.
An exemption that was, immediately before the commencement day, in force under the former Act, is to be taken to be, on and after the commencement day, an exemption issued under the new Act until whichever of the following occurs first:(a) the exemption expires;(b) the end of a period of one year after the commencement day.
21. Preservation of relevant decisions, &c., of Director
A decision, determination, direction, appointment or delegation made by the Director under a provision of the Security-sensitive Dangerous Substances Act 2005 and having force and effect immediately before the commencement day, is taken to be a decision, determination, direction, appointment or delegation of the regulator under that provision.
(1) The Governor may make regulations of a savings and transitional nature consequent on the enactment of the Work Health and Safety Act 2012 to effect, and facilitate, the transition from the old legislative scheme to the new legislative scheme.(2) Without limiting the generality of subsection (1) , regulations made under that subsection may –(a) provide for the preservation, continuation, variation or revocation of decisions or actions taken under the old legislative scheme; and(b) provide for the preservation, continuation, variation or revocation of notices or other instruments given or issued under the old legislative scheme; and(c) deal with any incidental or ancillary matters.(3) Regulations made under subsection (1) may –(a) take effect on the commencement day or a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and(c) authorise any matter to be from time to time determined, applied or regulated by any person or body specified in the regulations.(4) To the extent to which a regulation takes effect from a date earlier than the date of publication of the regulation in the Gazette, the regulation does not operate to the disadvantage of a person, other than the State or a State authority, by –(a) decreasing the person’s rights; or(b) imposing liabilities on the person.
PART 3 - Miscellaneous
23. Consequential amendments of regulations, &c., do not prevent their subsequent amendment
The amendment by this Act of a provision of any regulations or notice does not prevent that or any other provision of those regulations or notice from being amended or rescinded by a subsequent regulation or notice.
24. Application of Acts Interpretation Act 1931
Nothing in this Act is to be taken as restricting the application of section 16 of the Acts Interpretation Act 1931 to an Act or regulation that is repealed or rescinded, or amended by this Act.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Workplace Relations; and(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.
PART 4 - Approvals (Deadlines) Act 1993 Amended
In this Part, the Approvals (Deadlines) Act 1993 is referred to as the Principal Act.
27. Schedule 1 amended (Approval Time Limits)
Schedule 1 to the Principal Act is amended by omitting
Workplace Health and Safety Act 1995
An approval of design, specifications and construction of dams and reservoirs at mines
42 days from the day on which the relevant application under regulations made under the Workplace Health and Safety Act 1995 is received by the Chief Inspector of Mines.
PART 5 - Building and Construction Industry Security of Payment Act 2009 Amended
In this Part, the Building and Construction Industry Security of Payment Act 2009 is referred to as the Principal Act.
29. Section 19 amended (Consequences of failing to provide payment schedule within relevant period)
Section 19(1) of the Principal Act is amended by omitting "certificate of competency under the Workplace Health and Safety Regulations 1998 " from paragraph (d) of the definition of building practitioner and substituting "high risk work licence under the regulations under the Work Health and Safety Act 2012 ".
PART 6 - Dangerous Goods (Road and Rail Transport) Act 2010 Amended
In this Part, the Dangerous Goods (Road and Rail Transport) Act 2010 is referred to as the Principal Act.
31. Section 12 amended (Appointment of authorised officers)
Section 12(5)(a) of the Principal Act is amended as follows:(a) by omitting " Workplace Health and Safety Act 1995 " and substituting " Work Health and Safety Act 2012 ";(b) by omitting " section 34(2)(b) " and substituting "section 157".
PART 7 - Electricity Supply Industry Act 1995 Amended
In this Part, the Electricity Supply Industry Act 1995 is referred to as the Principal Act.
33. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by omitting " Workplace Health and Safety Act 1995 " from the definition of workplace health and safety Secretary and substituting " Work Health and Safety Act 2012 ".
PART 8 - Fire Service Act 1979 Amended
In this Part, the Fire Service Act 1979 is referred to as the Principal Act.
35. Section 133 amended (General Fire Regulations)
Section 133(3)(f) of the Principal Act is amended by omitting " Workplace Health and Safety Act 1995 " and substituting " Work Health and Safety Act 2012 ".
PART 9 - Gas (Safety) Regulations 2002 Amended
In this Part, the Gas (Safety) Regulations 2002 are referred to as the Principal Regulations.
37. Regulation 3 amended (Interpretation)
Regulation 3(1) of the Principal Regulations is amended as follows:(a) by omitting paragraph (b) from the definition of gas fitter ;(b) by omitting paragraph (b) from the definition of reference number .
38. Regulation 65A amended (Interpretation)
Regulation 65A of the Principal Regulations is amended by omitting the definition of automotive gas fitting qualification and substituting the following definition:automotive gas fitting qualification means an authority to undertake automotive gas fitting work under the Occupational Licensing Act 2005 ;
PART 10 - Gas Act 2000 Amended
In this Part, the Gas Act 2000 is referred to as the Principal Act.
40. Section 6 amended (Act does not derogate from certain Acts)
Section 6 of the Principal Act is amended by omitting " Workplace Health and Safety Act 1995 " and substituting " Work Health and Safety Act 2012 ".
PART 11 - Gas Pipelines Act 2000 Amended
In this Part, the Gas Pipelines Act 2000 is referred to as the Principal Act.
42. Section 6 amended (Workplace safety and other statutory requirements not affected)
Section 6 of the Principal Act is amended by omitting " Workplace Health and Safety Act 1995 " and substituting " Work Health and Safety Act 2012 ".
PART 12 - Occupational Licensing (Electrical Work) Regulations 2008 Amended
In this Part, the Occupational Licensing (Electrical Work) Regulations 2008 are referred to as the Principal Regulations.
44. Regulation 9 amended (Eligibility for electrical contractor's licence)
Regulation 9(c) of the Principal Regulations is amended by inserting "the Work Health and Safety Act 2012 ," after " Workplace Health and Safety Act 1995 ,".
PART 13 - Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 2008 Amended
In this Part, the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 2008 are referred to as the Principal Regulations.
46. Regulation 37 amended (Laws or parts of laws that do not apply)
Regulation 37(e) of the Principal Regulations is amended by omitting " Workplace Health and Safety Act 1995 " and substituting " Work Health and Safety Act 2012 ".
PART 14 - Petroleum (Submerged Lands) Act 1982 Amended
In this Part, the Petroleum (Submerged Lands) Act 1982 is referred to as the Principal Act.
48. Section 125 amended (Inspectors)
Section 125(2) of the Principal Act is amended by omitting " Workplace Health and Safety Act 1995 " and substituting " Work Health and Safety Act 2012 ".
PART 15 - Public Interest Disclosures Regulations 2003 Amended
In this Part, the Public Interest Disclosures Regulations 2003 are referred to as the Principal Regulations.
50. Regulation 10 amended (Prescribed offices for purpose of section 41 of Act)
Regulation 10(a) of the Principal Regulations is amended by omitting "Director of Industry Safety referred to in section 33 of the Workplace Health and Safety Act 1995 " and substituting "regulator referred to in Part 1 of Schedule 2 to the Work Health and Safety Act 2012 ".
PART 16 - Rail Safety Act 2009 Amended
In this Part, the Rail Safety Act 2009 is referred to as the Principal Act.
52. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended by omitting " Workplace Health and Safety Act 1995 " from the definition of occupational health and safety legislation and substituting " Work Health and Safety Act 2012 ".
PART 17 - Security-sensitive Dangerous Substances Act 2005 Amended
In this Part, the Security-sensitive Dangerous Substances Act 2005 is referred to as the Principal Act.
54. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting "Director" from the definition of approved form and substituting "regulator";(b) by omitting the definition of Director ;(c) by omitting "Director" from the definition of powers and substituting "regulator";(d) by inserting the following definition after the definition of regulations :regulator means the regulator appointed under Part 1 of Schedule 2 to the Work Health and Safety Act 2012 ;
55. Section 5 amended (Application requirements)
Section 5 of the Principal Act is amended as follows:(a) by omitting "Director" first occurring and substituting "regulator";(b) by omitting from paragraph (b) "Director" and substituting "regulator".
56. Section 9 amended (Applications for permits)
Section 9 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (3) "Director" and substituting "regulator";(c) by omitting from subsection (4) "Director" and substituting "regulator".
57. Section 10 amended (Consideration of applications)
Section 10 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" first occurring and substituting "regulator";(b) by omitting from subsection (1)(a) "Director" and substituting "regulator";(c) by omitting from subsection (2) "Director" and substituting "regulator".
58. Section 11 amended (Applications not to be approved without police clearance)
Section 11 of the Principal Act is amended as follows:(a) by omitting "Director" first occurring and substituting "regulator";(b) by omitting from paragraph (b) "Director" and substituting "regulator".
59. Section 12 amended (Applications not to be approved unless certain general requirements are met)
Section 12 of the Principal Act is amended by omitting "Director" and substituting "regulator".
60. Section 13 amended (Applications not to be approved unless applicants are fit and proper persons)
Section 13 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" and substituting "regulator";(c) by omitting from subsection (3) "Director" and substituting "regulator".
61. Section 14 amended (Applications not to be approved unless responsible workers are fit and proper persons)
Section 14 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" and substituting "regulator".
62. Section 15 amended (What is a close associate?)
Section 15(1)(b) of the Principal Act is amended by omitting "Director" and substituting "regulator".
63. Section 16 amended (Regard may be had to other checks)
Section 16 of the Principal Act is amended as follows:(a) by omitting "Director" first occurring and substituting "regulator";(b) by omitting "Director" second occurring and substituting "regulator";(c) by omitting from paragraph (c) "Director" and substituting "regulator".
64. Section 17 amended (Amendment of applications)
Section 17 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" twice occurring and substituting "regulator";(b) by omitting from subsection (2) "Director's" and substituting "regulator's".
65. Section 18 amended (Actions to be taken following approval or refusal of applications)
Section 18 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" and substituting "regulator".
66. Section 19 amended (Types of permit)
Section 19 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (3) "Director's" and substituting "regulator's";(c) by omitting from subsection (3)(a) "Director" and substituting "regulator".
67. Section 20 amended (Form of permits)
Section 20(2) of the Principal Act is amended by omitting "Director's" and substituting "regulator's".
68. Section 21 amended (Permit conditions)
Section 21 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director's" and substituting "regulator's".
69. Section 23 amended (Mutual recognition)
Section 23 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" twice occurring and substituting "regulator";(b) by omitting from subsection (2) "Director's" and substituting "regulator's".
70. Section 25 amended (Renewal of permits)
Section 25 of the Principal Act is amended as follows:(a) by omitting from subsection (3)(a) "Director" and substituting "regulator";(b) by omitting from subsection (4) "Director" and substituting "regulator";(c) by omitting from subsection (10) "Director" and substituting "regulator".
71. Section 26 amended (Surrender of permits)
Section 26 of the Principal Act is amended as follows:(a) by omitting from subsection (2) "Director" and substituting "regulator";(b) by omitting from subsection (3) "Director" and substituting "regulator".
72. Section 28 amended (Register of permits)
Section 28 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" and substituting "regulator";(c) by omitting from subsection (3) "Director" and substituting "regulator";(d) by omitting from subsection (4) "Director" twice occurring and substituting "regulator";(e) by omitting from subsection (5) "Director" first occurring and substituting "regulator";(f) by omitting from subsection (5)(b) "Director" and substituting "regulator";(g) by omitting from subsection (6) "Director" and substituting "regulator";(h) by omitting from subsection (7) "Director" and substituting "regulator".
73. Section 29 amended (Variation of permit conditions)
Section 29 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (3)(b) "Director's" and substituting "regulator's";(c) by omitting from subsection (4) "Director" and substituting "regulator";(d) by omitting from subsection (5) "Director" and substituting "regulator";(e) by omitting from subsection (6) "Director" and substituting "regulator";(f) by omitting from subsection (7) "Director" and substituting "regulator";(g) by omitting from subsection (8) "Director" twice occurring and substituting "regulator";(h) by omitting from subsection (8) "Director's" and substituting "regulator's";(i) by omitting from subsection (9) "Director" and substituting "regulator".
74. Section 30 amended (Amendment of permit particulars)
Section 30 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" first occurring and substituting "regulator";(c) by omitting from subsection (2)(b) "Director" and substituting "regulator".
75. Section 31 amended (Cancellation and suspension of permits by regulator)
Section 31 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" first occurring and substituting "regulator";(c) by omitting from subsection (2) "Director" second occurring and substituting "regulator";(d) by omitting from subsection (2)(d) "Director" and substituting "regulator";(e) by omitting from subsection (3) "Director" and substituting "regulator";(f) by omitting from subsection (5)(b) "Director" and substituting "regulator";(g) by omitting from subsection (5)(d) "Director" and substituting "regulator";(h) by omitting from subsection (6) "Director" and substituting "regulator";(i) by omitting from subsection (7) "Director" twice occurring and substituting "regulator".
76. Section 33 amended (Loss and replacement of permits, &c.)
Section 33 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" twice occurring and substituting "regulator";(c) by omitting from subsection (3) "Director" twice occurring and substituting "regulator".
77. Section 34 amended (Permits to be returned if certain events occur)
Section 34 of the Principal Act is amended by omitting "Director" and substituting "regulator".
78. Section 37 amended (Identification of responsible workers)
Section 37 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (3)(c) "Director" and substituting "regulator".
79. Section 38 amended (Loss and replacement of identity cards, &c.)
Section 38 of the Principal Act is amended as follows:(a) by omitting from subsection (2) "Director" and substituting "regulator";(b) by omitting from subsection (3) "Director" and substituting "regulator".
80. Section 39 amended (Responsible workers – new nominations)
Section 39 of the Principal Act is amended as follows:(a) by omitting from subsection (4) "Director" and substituting "regulator";(b) by omitting from subsection (5) "Director" first occurring and substituting "regulator";(c) by omitting from subsection (5)(a) "Director" and substituting "regulator";(d) by omitting from subsection (6) "Director" and substituting "regulator";(e) by omitting from subsection (7) "Director" first occurring and substituting "regulator";(f) by omitting from subsection (7)(b) "Director" and substituting "regulator";(g) by omitting from subsection (7)(c) "Director" and substituting "regulator";(h) by omitting from subsection (7)(d) "Director" and substituting "regulator";(i) by omitting from subsection (9)(b) "Director" and substituting "regulator";(j) by omitting from subsection (10) "Director" and substituting "regulator".
81. Section 40 amended (Responsible workers – cessation and changes of name)
Section 40 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" and substituting "regulator".
82. Section 41 amended (Responsible workers – revocation of status)
Section 41 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" first occurring and substituting "regulator";(b) by omitting from subsection (1) "Director" second occurring and substituting "regulator";(c) by omitting from subsection (1)(e) "Director" and substituting "regulator";(d) by omitting from subsection (1)(f) "Director" and substituting "regulator";(e) by omitting from subsection (2) "Director" and substituting "regulator";(f) by omitting from subsection (4) "Director" and substituting "regulator".
83. Section 43 amended (Directions to furnish reports)
Section 43(1) of the Principal Act is amended by omitting "Director" twice occurring and substituting "regulator".
84. Section 44 amended (Directions to furnish medical reports)
Section 44 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" first occurring and substituting "regulator";(c) by omitting from subsection (2)(b) "Director" and substituting "regulator";(d) by omitting from subsection (4) "Director" and substituting "regulator".
85. Section 45 amended (Directions to respond to security threats)
Section 45(1) of the Principal Act is amended by omitting "Director" and substituting "regulator".
86. Section 46 amended (Directions to take corrective actions)
Section 46 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" twice occurring and substituting "regulator";(b) by omitting from subsection (2)(g) "Director" and substituting "regulator";(c) by omitting from subsection (2)(j) "Director" and substituting "regulator";(d) by omitting from subsection (3) "Director" and substituting "regulator".
87. Section 47 amended (Procedure for giving directions)
Section 47(3) of the Principal Act is amended by omitting "Director" and substituting "regulator".
88. Section 49 amended (Taking action to forestall security threats if directions not complied with)
Section 49 of the Principal Act is amended as follows:(a) by omitting from subsection (1)(b) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" first occurring and substituting "regulator";(c) by omitting from subsection (2) "Director" second occurring and substituting "regulator";(d) by omitting from subsection (2)(e) "Director" and substituting "regulator";(e) by omitting from subsection (3) "Director" and substituting "regulator".
89. Section 50 amended (Loss or theft of SSDS, &c., to be reported)
Section 50 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (3) "Director" three times occurring and substituting "regulator";(c) by omitting from subsection (4) "Director" twice occurring and substituting "regulator".
90. Section 51 amended (Powers of regulator)
Section 51 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" first occurring and substituting "regulator";(b) by omitting from subsection (1)(a) "Director" and substituting "regulator";(c) by omitting from subsection (2) "Director" and substituting "regulator".
91. Section 52 amended (Appointment of authorised officers)
Section 52 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" twice occurring and substituting "regulator";(b) by omitting from subsection (6) "Director" twice occurring and substituting "regulator".
92. Section 53 amended (Powers of authorised officers)
Section 53(3) of the Principal Act is amended by omitting "Director" and substituting "regulator".
93. Section 54 amended (Identification of authorised officers)
Section 54 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (3) "Director" and substituting "regulator".
94. Section 55 amended (Delegation of regulator's powers to authorised officers)
Section 55 of the Principal Act is amended as follows:(a) by omitting "Director" and substituting "regulator";(b) by omitting "Director's" and substituting "regulator's".
95. Section 59 amended (Authorised officers to restore premises, &c., to original condition after inspections)
Section 59(2) of the Principal Act is amended by omitting "Director" and substituting "regulator".
96. Section 65 amended (Analysts)
Section 65(1) of the Principal Act is amended by omitting "Director" and substituting "regulator".
97. Section 66 amended (Evidentiary matters)
Section 66 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (3)(a) "Director" and substituting "regulator";(c) by omitting from subsection (4)(a) "Director" and substituting "regulator";(d) by omitting from subsection (4)(b) "Director" and substituting "regulator".
98. Section 72 amended (Forfeiture)
Section 72(2) of the Principal Act is amended by omitting "Director" and substituting "regulator".
99. Section 73 amended (Protection of security-sensitive information)
Section 73(1) of the Principal Act is amended as follows:(a) by omitting "Director" first occurring and substituting "regulator";(b) by omitting from paragraph (a) "Director" and substituting "regulator".
100. Section 74 amended (Applications for review of decisions)
Section 74(1) of the Principal Act is amended by omitting "Director" and substituting "regulator".
101. Section 77 amended (Protection from liability)
Section 77 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" and substituting "regulator".
102. Section 78 amended (Exemptions)
Section 78 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" and substituting "regulator";(b) by omitting from subsection (2) "Director" twice occurring and substituting "regulator";(c) by omitting from subsection (3) "Director" twice occurring and substituting "regulator";(d) by omitting from subsection (4)(b) "Director" and substituting "regulator";(e) by omitting from subsection (6) "Director" and substituting "regulator";(f) by omitting from subsection (7) "Director" and substituting "regulator".
103. Section 79 amended (Disposal, &c., of unclaimed SSDS)
Section 79 of the Principal Act is amended as follows:(a) by omitting from subsection (3) "Director" and substituting "regulator";(b) by omitting from subsection (4) "Director" first occurring and substituting "regulator";(c) by omitting from subsection (4)(b) "Director" and substituting "regulator".
104. Section 81 amended (Refund of application and other fees)
Section 81 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Director" twice occurring and substituting "regulator";(b) by omitting from subsection (2) "Director" twice occurring and substituting "regulator".
105. Section 83 amended (Regulations)
Section 83(4) of the Principal Act is amended by omitting "Director" and substituting "regulator".
PART 18 - Vehicle and Traffic (Vehicle Operations) Notice 2010 Amended
In this Part, the Vehicle and Traffic (Vehicle Operations) Notice 2010 is referred to as the Principal Notice.
107. Clause 3 amended (Interpretation)
Clause 3(1) of the Principal Notice is amended by omitting " section 22 of the Workplace Health and Safety Act 1995 " from paragraph (b) of the definition of Forestry Safety Code and substituting "section 274 of the Work Health and Safety Act 2012 ".
PART 19 - Workers Rehabilitation and Compensation Act 1988 Amended
In this Part, the Workers Rehabilitation and Compensation Act 1988 is referred to as the Principal Act.
109. Section 10 amended (Functions of Board)
Section 10 of the Principal Act is amended as follows:(a) by omitting from paragraph (a)(i) "and workplace health and safety";(b) by omitting from paragraph (c) "and the Workplace Health and Safety Act 1995 ";(c) by omitting paragraph (e) ;(d) by omitting from paragraph (j) "and the Workplace Health and Safety Act 1995 ".
110. Section 145 amended (Establishment of Workers Rehabilitation and Compensation Fund)
Section 145(3)(a) of the Principal Act is amended by inserting "specified under this Act or any other Act" after "powers".
111. Section 148AA repealed
Section 148AA of the Principal Act is repealed.
PART 20 - Legislation repealed, rescinded and revoked
The legislation specified in Schedule 1 is repealed.
The legislation specified in Schedule 2 is rescinded.
The legislation specified in Schedule 3 is revoked.
SCHEDULE 1 - Legislation repealed
Workplace Health and Safety Act 1995 (No. 13 of 1995) |
SCHEDULE 2 - Legislation rescinded
Workplace Health and Safety Regulations 1998 (No. 152 of 1998) |
Workplace Health and Safety Amendment Regulations 2003 (No. 183 of 2003) |
Workplace Health and Safety Amendment Regulations 2004 (No. 152 of 2004) |
Workplace Health and Safety Amendment (Infringement Notices) Regulations 2006 (No. 100 of 2006) |
Workplace Health and Safety Amendment (Fees) Regulations 2007 (No. 29 of 2007) |
Workplace Health and Safety Amendment Regulations 2007 (No. 53 of 2007) |
Workplace Health and Safety Amendment (High Risk Work) Regulations 2007 (No. 93 of 2007) |
Workplace Health and Safety Amendment (Mine Safety) Regulations 2011 (No. 10 of 2011) |
Workplace Health and Safety Amendment (Asbestos Removal) Regulations 2011 (No. 33 of 2011) |
SCHEDULE 3 - Legislation revoked
Proclamation under the Workplace Health and Safety Amendment Act 2009 (No. 21 of 2010) |
Proclamation under the Workplace Health and Safety Amendment (Mine Safety) Act 2010 (No. 9 of 2011) |
[Second reading presentation speech made in:
House of Assembly on 15 NOVEMBER 2011
Legislative Council on 28 MARCH 2012]