2004-2005

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 2005
No.           , 2005
(Employment and Workplace Relations)




A Bill for an Act to amend the Occupational Health
and Safety (Commonwealth Employment) Act 1991,
and for related purposes


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                 1       Short title ........................................................................................... 1
                 2       Commencement ................................................................................. 1
                 3       Schedule(s) ........................................................................................ 2

Schedule 1--Amendment of the Occupational Health and
            Safety (Commonwealth Employment) Act 1991                                                                           3




i    Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting
Safer Workplaces) Bill 2005   No.     , 2005


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     and Safety (Commonwealth Employment) Act 1991,
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     and for related purposes
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     The Parliament of Australia enacts:
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     1 Short title
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                 This Act may be cited as the Occupational Health and Safety
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                 (Commonwealth Employment) Amendment (Promoting Safer
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                 Workplaces) Act 2005.
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     2 Commencement
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                 This Act commences on the day on which it receives the Royal
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                 Assent.
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        Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting Safer
                                                  Workplaces) Bill 2005  No.    , 2005    1


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                 Each Act that is specified in a Schedule to this Act is amended or
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                 repealed as set out in the applicable items in the Schedule
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                 concerned, and any other item in a Schedule to this Act has effect
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                 according to its terms.
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    2       Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting
    Safer Workplaces) Bill 2005   No.    , 2005


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                                                                   1991 Schedule 1


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     Schedule 1--Amendment of the Occupational
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           Health and Safety (Commonwealth
 3

           Employment) Act 1991
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 5

     1 After section 11
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            Insert:
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     11A Application of certain State and Territory laws that impose a
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              criminal liability
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             (1) This section applies to a law of a State or of a Territory that:
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                  (a) imposes a criminal liability in respect of a person's death that
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                       occurs during, or in relation to, the person's employment or
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                       provision of services to another person; and
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                  (b) is prescribed by the regulations.
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             (2) This section also applies to Part 2A of the Crimes Act 1900 of the
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                 Australian Capital Territory in relation to each criminal liability
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                 imposed by that Part that is in respect of a person's death that
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                 occurs during, or in relation to, the person's employment or
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                 provision of services to another person.
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                 Note:      The reference to Part 2A of the Crimes Act 1900 of the Australian
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                            Capital Territory is to be construed as a reference to that Part as
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                            originally enacted or made and as amended from time to time: see
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                            section 10A of the Acts Interpretation Act 1901.
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             (3) A law to which this section applies under subsection (1) or (2) has
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                 no effect to the extent to which it purports to impose a criminal
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                 liability mentioned in that subsection on an employer, employing
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                 authority or employee in respect of conduct (including an
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                 omission) occurring on or after 1 March 2004.
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             (4) In subsection (3):
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                 employer, employing authority and employee have the meanings
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                 given by this Act.
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             (5) To avoid doubt, subsection (2) does not limit the generality of
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                 subsection (1).
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             (6) This section has effect despite sections 4 and 11.
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        Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting Safer
                                               Workplaces) Bill 2005  No.    , 2005       3