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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Occupational
Health and Safety (Commonwealth Employment) Amendment (Promoting Safer
Workplaces) Bill
2004
No. ,
2004
(Employment and Workplace
Relations)
A Bill for an Act to amend the
Occupational Health and Safety (Commonwealth Employment) Act 1991, and
for related purposes
Contents
A Bill for an Act to amend the Occupational Health and
Safety (Commonwealth Employment) Act 1991, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Occupational Health and Safety
(Commonwealth Employment) Amendment (Promoting Safer Workplaces) Act
2004.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 After section 11
Insert:
(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to that Part as originally enacted or made and as amended from time to time: see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.