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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Occupational Health and Safety
Amendment (Prosecutions) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Occupational Health and Safety Act 2000
No 40 2
Schedule 1 Amendments 3
Occupational Health and Safety Amendment (Prosecutions) Bill 2003
Contents
Page
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2003
New South Wales
Occupational Health and Safety
Amendment (Prosecutions) Bill 2003
Act No , 2003
An Act to amend the Occupational Health and Safety Act 2000 with respect to
prosecutions for offences.
Clause 1 Occupational Health and Safety Amendment (Prosecutions) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Occupational Health and Safety Amendment
(Prosecutions) Act 2003.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Occupational Health and Safety Act 2000 No 40
The Occupational Health and Safety Act 2000 is amended as set out
in Schedule 1.
Page 2
Occupational Health and Safety Amendment (Prosecutions) Bill 2003
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 106 Authority to prosecute
Omit "the Minister" from section 106 (1) (a).
Insert instead "a Minister of the Crown".
[2] Section 106 (2)
Omit "the Minister" where firstly occurring.
Insert instead "a Minister".
[3] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Occupational Health and Safety Amendment (Prosecutions)
Act 2003
[4] Schedule 3, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Occupational Health and Safety
Amendment (Prosecutions) Act 2003
18 Definitions
In this Part:
amending Act means the Occupational Health and Safety
Amendment (Prosecutions) Act 2003.
former Act means the Occupational Health and Safety
Act 1983.
proceedings includes purported proceedings.
terminated includes stayed, dismissed or not proceeded with
for any other reason (including nullity).
Page 3
Occupational Health and Safety Amendment (Prosecutions) Bill 2003
Schedule 1 Amendments
19 Application of amendments to offences
(1) Section 106, as amended by the amending Act, extends to
proceedings relating to offences under this Act or the
regulations committed before the commencement of the
amending Act.
(2) Section 106, as amended by the amending Act, extends (by
the operation of clause 13) to proceedings relating to offences
under the former Act or regulations under that Act.
(3) This clause applies whether any proceedings referred to in
this clause were or are instituted before, on or after the
commencement of the amending Act or are pending on that
commencement.
(4) In the case of proceedings instituted under section 48 of the
former Act before that commencement, section 48 (1) (a) of
that Act is to be construed as if a reference to the Minister in
that paragraph was and always had been a reference to any
Minister of the Crown.
(5) In the case of any proceedings referred to in this clause that
were instituted before that commencement, any such
proceedings are taken to have been validly instituted, and to
have always been validly instituted, if they were consented to
by a Minister of the Crown.
20 Terminated proceedings
(1) This clause applies to proceedings terminated in the Industrial
Relations Commission before the commencement of the
amending Act if:
(a) the proceedings related to alleged offences under this
Act or the former Act or the regulations under those
Acts, and
(b) the proceedings were consented to by a Minister of the
Crown and were terminated merely because the
proceedings were invalidly instituted, and
(c) the proceedings would have been taken to have been
validly instituted if the amending Act had commenced
before the proceedings were terminated.
(2) Any such proceedings may be recommenced, on the basis of
the applications and other documents by which those
proceedings were last commenced and without any further
Page 4
Occupational Health and Safety Amendment (Prosecutions) Bill 2003
Amendments Schedule 1
consent being required, whether or not the time for
commencing such proceedings has expired under this or any
other Act and despite any changes to the manner of
commencing proceedings since they were last commenced.
(3) If any terminated proceedings are recommenced, any thing
done in the terminated proceedings (other than the
termination of the proceedings) is taken to have been done in
the recommenced proceedings.
Page 5
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