Commonwealth Numbered Acts

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 3) 1991 No. 7 of 1992 - SCHEDULE 2

                            SCHEDULE 2          Subsection 19(2)

AMENDMENTS OF THE OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH 
EMPLOYMENT) ACT 1991  Subsection 5(1) (definition of "annual report of the
Commission"):
Omit the definition. Subsection 5(1) (definition of "Commission"):
Omit "68", substitute "89A". Subsection 5(1):
Insert: " `annual report of Comcare' means the annual report of Comcare under
section 63M of the Audit Act 1901 as applied by section 90 of the Commonwealth
Employees Rehabilitation and Compensation Act 1988; `annual report of the
Commission' means the annual report of the Commission under section 89S of the
Commonwealth Employees'  Rehabilitation and Compensation Act 1988 ; `Comcare'
means the body corporate established by section 68 of the Commonwealth
Employees' Rehabilitation and Compensation Act 1988; `member', in relation to
the Commission, has the additional meaning given in subsection (3A);". After
subsection 5(3):
Insert:

"(3A) A reference in this Act to a member of the Commission includes a
reference to the Chief Executive Officer appointed under section 74 of the
Commonwealth Employees' Rehabilitation and Compensation Act 1988.". Subsection
12(1):
Omit "69(g)", substitute "89B(c)". After section 12:
Insert: Functions conferred on Comcare

"12A.(1) The additional functions conferred on the Commission under paragraph
12(1)(a) do not include the specific functions conferred on Comcare under this
Act.

"(2) The Minister may, in writing, give a direction to Comcare with respect to
the performance of its functions and the exercise of its powers under this
Act.

"(3) Comcare must comply with a direction given under this section.". Section
39:
Omit "its staff", substitute "the Commission". Subsection 40(2):
Omit "The Commission", substitute "Comcare". Paragraph 40(2)(a):
Omit "the Commission", substitute "Comcare". Paragraph 40(3)(a):
Omit "the Commission", substitute "Comcare". Paragraph 40(3)(b):
Omit "the Commission", substitute "Comcare". Subsection 40(5):
Omit "the Commission", substitute "Comcare". Subsection 40(6):
Omit "the Commission", substitute "Comcare". Subsection 41(1):
Omit "the Commission", substitute "Comcare". Subsection 41(2):
Omit "staff of the Commission", substitute "staff of Comcare". Subsection
41(3):
Omit "staff of the Commission", substitute "staff of Comcare". Paragraph
75(b):
Omit the paragraph. After section 75:
Insert: Annual report of Comcare

"75A. The annual report of Comcare in respect of a financial year must
include:

   (a)  details of all prosecutions instituted under this Act and the
        regulations during the year; and

   (b)  particulars of any directions given by the Minister to Comcare under
        subsection 12A(2) during the year; and

   (c)  such other matters as are prescribed.". Subsection 77(1):
Omit "the Commission", substitute "Comcare". Subsection 77(2):
Omit "the Commission", substitute "Comcare". Subsection 77(3):
Omit "the Commission", substitute "Comcare".
NOTES ABOUT SECTION HEADINGS 1. On the day on which sections 38, 51, 91 and
96K of the Commonwealth Employees' Rehabilitation and Compensation Act 1988
are amended by this Act, the heading to each of those sections is altered by
omitting "Commission" and substituting "Comcare". 2. On the day on which
section 128A of the Commonwealth Employees'  Rehabilitation and Compensation
Act 1988 is amended by this Act, the heading to that section is altered by
omitting "Commission's" and substituting "Comcare's".