Commonwealth Numbered Acts

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 158 of 1994 - SCHEDULE 3

                            SCHEDULE 3                  Section 3

AMENDMENTS OF THE NATIONAL OCCUPATIONAL HEALTH AND SAFETY 
COMMISSION ACT 1985  1. Paragraphs 10(1)(a), (aa), (b), (c), (d) and (e): Add
at the end "and". 2. Paragraphs 10(1)(f) and (g): Omit, substitute:

"(f) one member nominated by the Minister for Human Services and Health.". 3.
After section 19: Insert: Special rules for Commission decisions affecting
bodies and people who nominate Commission members 19A.(1) This section applies
where:

   (a)  a body that nominates a member of the Commission under paragraph
        10(1)(b) or (c); or

   (b)  a State; or

   (c)  a Minister who nominates a member of the Commission under paragraph
        10(1)(e) or (f); has a direct or indirect pecuniary interest in a
        matter being considered by the Commission.

(2) A Minister is not taken to have a direct or indirect pecuniary interest in
a matter merely because the Commonwealth has or may have such an interest.

(3) The member or members nominated by that body, by the Premier of that State
or by that Minister must not:

   (a)  be present during any deliberation of the Commission about the matter;
        or

   (b)  take part in any decision of the Commission about the matter.

(4) Where a member affected by subsection (3) was nominated under paragraph
10(1)(b) or (c), then, for the purposes of the Commission's deliberation and
decision:

   (a)  paragraphs 19(4) and 19(5) do not apply; and

   (b)  the quorum is constituted by three-quarters of the number of members
        who are not affected by subsection (3); and

   (c)  questions arising in relation to the matter are to be decided by an
        affirmative vote of at least three-quarters of the number of members
        who are not affected by subsection (3).".