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This is a Bill, not an Act. For current law, see the Acts databases.
SAFE WORK AUSTRALIA (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2008
2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Safe Work Australia (Consequential and
Transitional Provisions) Bill 2008
No. , 2008
(Education, Employment and Workplace Relations)
A Bill for an Act to deal with transitional and
consequential matters in connection with the Safe
Work Australia Act 2008, and for related purposes
i Safe Work Australia (Consequential and Transitional Provisions) Bill 2008 No. ,
2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Repeal of the Australian Workplace Safety
Standards Act 2005
3
Australian Workplace Safety Standards Act 2005
3
Schedule 2--Consequential ame ndme nts
4
Occupational Health and Safety Act 1991
4
Occupational Health and Safety (Maritime Industry) Act 1993
4
Safety, Rehabilitation and Compensation Act 1988
5
Schedule 3--Transitional provisions
6
Safe Work Australia (Consequential and Transitional Provisions) Bill 2008 No. , 2008
1
A Bill for an Act to deal with transitional and
1
consequential matters in connection with the Safe
2
Work Australia Act 2008, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Safe Work Australia (Consequential
6
and Transitional Provisions) Act 2008.
7
2 Commence ment
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Safe Work Australia (Consequential and Transitional Provisions) Bill 2008 No. ,
2008
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 on which this Act receives the
Royal Assent.
2. Schedules 1 to
3
At the same time as section 5 of the Safe
Work Australia Act 2008 commences.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Repeal of the Australian Workplace Safety Standards Act 2005 Schedule 1
Safe Work Australia (Consequential and Transitional Provisions) Bill 2008 No. , 2008
3
1
Schedule 1
--
Repeal of the Australian
2
Workplace Safety Standards Act 2005
3
4
Australian Workplace Safety Standards Act 2005
5
1 The whole of the Act
6
Repeal the Act.
7
8
Schedule 2 Consequential amendments
4 Safe Work Australia (Consequential and Transitional Provisions) Bill 2008 No. ,
2008
1
Schedule 2
--
Consequential amendments
2
3
Occupational Health and Safety Act 1991
4
1 Subsection 70(9) (definition of advisory standard or code)
5
Repeal the definition, substitute:
6
advisory standard or code means a national standard, or a code of
7
practice, that is declared by Safe Work Australia under item 2 of
8
Schedule 3 to the Safe Work Australia (Consequential and
9
Transitional Provisions) Act 2008.
10
2 Application of item 1
11
The amendment made by item 1 of this Schedule does not apply to a
12
standard or code:
13
(a) that is taken, because of item 1 of Schedule 3, to be a
14
standard or code declared by Safe Work Australia; and
15
(b) that has not been amended since it was first required to be so
16
taken.
17
Occupational Health and Safety (Maritime Industry) Act
18
1993
19
3 Subsection 109(9) (definition of advisory standard or code)
20
Repeal the definition, substitute:
21
advisory standard or code means a national standard, or a code of
22
practice, that is declared by Safe Work Australia under item 2 of
23
Schedule 3 to the Safe Work Australia (Consequential and
24
Transitional Provisions) Act 2008.
25
4 Application of item 3
26
The amendment made by item 3 of this Schedule does not apply to a
27
standard or code:
28
(a) that is taken, because of item 1 of Schedule 3, to be a
29
standard or code declared by Safe Work Australia; and
30
(b) that has not been amended since it was first required to be so
31
taken.
32
Consequential amend ments Schedule 2
Safe Work Australia (Consequential and Transitional Provisions) Bill 2008 No. , 2008
5
Safety, Rehabilitation and Compensation Act 1988
1
5 Paragraph 89E(1)(f)
2
Repeal the paragraph, substitute:
3
(f) the Chief Executive Officer of Safe Work Australia;
4
6 Subsection 89E(3)
5
Repeal the subsection.
6
7 Subsection 89H(2)
7
Omit "prescribed staff member within the meaning of section 89E",
8
substitute "member of the staff of Safe Work Australia referred to in
9
subsection 59(1) of the Safe Work Australia Act 2008".
10
11
Schedule 3 Transitional provisions
6 Safe Work Australia (Consequential and Transitional Provisions) Bill 2008 No. ,
2008
1
Schedule 3
--
Transitional provisions
2
3
1 Transfer of national standards and codes of practice
4
A national standard or code of practice that is in force under the
5
Australian Workplace Safety Standards Act 2005 immediately before
6
the commencement of this item, is taken, on and after that
7
commencement, to be a national standard or code of practice declared
8
by Safe Work Australia under item 2 of this Schedule.
9
2 Function and power to declare national standards and
10
codes of practice
11
(1)
It is a function of Safe Work Australia to declare national standards and
12
codes of practice relating to occupational health and safety matters.
13
(2)
Safe Work Australia may, by written instrument, declare a national
14
standard or code of practice in relation to an occupational health and
15
safety matter.
16
(3)
Before declaring a national standard or code of practice, Safe Work
17
Australia must consult in accordance with item 3 of this Schedule.
18
(4)
As soon as practicable after Safe Work Australia declares a national
19
standard or code of practice, it must publish in the Gazette:
20
(a) the title and objective of the standard or code; and
21
(b) information as to how people may obtain a copy of the
22
standard or code.
23
(5)
Safe Work Australia must, as soon as practicable after declaring a
24
national standard or code of practice, give a copy of the standard or
25
code to the Minister.
26
(6)
A national standard or code of practice is an instrument of an advisory
27
character and is not a legislative instrument.
28
Note:
Even though national standards and codes of practice are advisory in character, they
29
may be adopted and given legal effect to by a law, or by an award or instrument made
30
under a law.
31
3 Steps preparatory to declaring national standards and
32
codes of practice
33
Transitional provisions Schedule 3
Safe Work Australia (Consequential and Transitional Provisions) Bill 2008 No. , 2008
7
Gazettal notice
1
(1)
Before declaring a national standard or code of practice under item 2 of
2
this Schedule, Safe Work Australia must publish a notice in the Gazette
3
inviting people to make comments on the proposed standard or code.
4
(2)
The notice must:
5
(a) set out the title and objective of the proposed standard or
6
code; and
7
(b) set out information as to how people may obtain a copy of
8
the proposed standard or code; and
9
(c) invite people to make comments on the proposed standard or
10
code; and
11
(d) specify the date by which comments must be received, which
12
must be at least 4 weeks after the notice is published; and
13
(e) specify the address to which those comments must be sent.
14
Other invitations for comment
15
(3)
In addition to the notice under subitem (1), Safe Work Australia may
16
use other means to invite a person, or people generally, to make
17
comments on the proposed standard or code. The invitation must:
18
(a) specify the date by which comments must be received, which
19
must be at least 4 weeks after the date of the invitation; and
20
(b) specify the address to which those comments must be sent.
21
(4)
If Safe Work Australia gives an invitation under subitem (3), Safe Work
22
Australia must:
23
(a) notify each person who, before the invitation, has already
24
made comments on the proposed standard or code of that
25
invitation; and
26
(b) give the person the opportunity to revise the person's
27
comments within 4 weeks after the date of the notice.
28
(5)
However, Safe Work Australia is only required to give one notice to the
29
person in relation to the proposed standard or code.
30
Consideration of comments
31
(6)
Safe Work Australia must consider any comments made to it and, if it
32
thinks fit, may alter the proposed standard or code.
33
Schedule 3 Transitional provisions
8 Safe Work Australia (Consequential and Transitional Provisions) Bill 2008 No. ,
2008
4 Cessation of function and power to declare national
1
standards and codes of practice
2
(1)
In this item:
3
cessation date means 1 January 2011 or such other earlier or later date
4
that is prescribed by the regulations.
5
(2)
On and after the cessation date, Safe Work Australia no longer has the
6
functions or powers referred to in items 2 and 3 of this Schedule.
7
(3)
However, a national standard or code of practice declared by Safe Work
8
Australia under item 2 of this Schedule, that is in force immediately
9
before the cessation date, continues in force on and after the cessation
10
date.
11
5 First plans of Safe Work Australia
12
(1)
Safe Work Australia must prepare the first draft strategic plan
13
mentioned in section 27 of the Safe Work Australia Act 2008 as soon as
14
practicable after the commencement of that section.
15
(2)
Safe Work Australia must prepare the first draft operational plan
16
referred to in section 29 of the Safe Work Australia Act 2008 as soon as
17
practicable after the commencement of that section.
18
6 Requirement for meetings of Safe Work Australia in the
19
first financial year
20
If paragraph 34(2)(b) of the Safe Work Australia Act 2008 does not
21
commence on the first day of a financial year, that paragraph does not
22
apply in relation to the financial year in which that paragraph
23
commences.
24
7 Regulations
25
(1)
The Governor-General may make regulations prescribing matters:
26
(a) required or permitted by this Act to be prescribed; or
27
(b) necessary or convenient to be prescribed for carrying out or
28
giving effect to this Act.
29
(2)
In particular, regulations may be made prescribing matters of a
30
transitional nature (including prescribing any saving or application
31
provisions) relating to:
32
(a) the amendments or repeals made by this Act; or
33
Transitional provisions Schedule 3
Safe Work Australia (Consequential and Transitional Provisions) Bill 2008 No. , 2008
9
(b) the enactment of this Act or the Safe Work Australia Act
1
2008.
2