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TASMANIA
__________
WORKPLACE HEALTH AND SAFETY
AMENDMENT BILL 2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. Application of other Acts
6. Section 5 amended (Secretary)
7. Section 9 amended (Duties of employers)
8. Section 10 amended (Responsible officer)
9. Section 13 substituted
13. Duties of self-employed persons
10. Section 14 amended (Duties of designers, manufacturers,
importers, suppliers and installers)
11. Sections 14A and 14B inserted
14A. Order to recall, destroy, &c., plant, substances or
structures
14B. Service providers
12. Section 15 amended (Persons in control of workplaces,
&c.)
13. Section 20 amended (Interference, misuse, &c.)
[Bill 79]-IX
14. Section 21 substituted
21. Duties to be satisfied by each person
15. Section 28 amended (Functions of health and safety
committees)
16. Section 32 amended (Employees' safety representatives)
17. Section 34 amended (Appointment of inspectors)
18. Section 36 amended (Powers and functions of inspectors)
19. Section 37A inserted
37A. Offences relating to qualifications, &c.
20. Section 38 amended (Power of inspector in respect of
safety and health risks)
21. Section 39 amended (Prevention of accidents and risks to
health)
22. Section 41 amended (Right of appeal)
23. Section 42 amended (Order to secure compliance)
24. Part 6A inserted
PART 6A Infringement notices
46A. Service of infringement notices
46B. Form of infringement notice
46C. Acceptance of infringement notice
46D. Extension of acceptance period
46E. Payment
46F. Effect of acceptance
46G. Withdrawal of infringement notice
46H. Certain evidence not admissible
46I. Sums to be paid to Board
25. Section 47 substituted
47. Notice of serious accidents and dangerous
incidents to be given
26. Section 48 amended (Interference with accident sites)
27. Section 50 amended (Delegation by Secretary)
28. Section 52A inserted
52A. Recovery of costs
29. Section 54 amended (Evidentiary provisions)
30. Section 55 substituted
2
55. Time for instituting proceedings for offences
55A. Enforcement of undertakings
31. Section 57 amended (Regulations)
32. Schedule 1 amended (Regulations)
33. Formal amendments relating to Chief Executive
Schedule 1 Formal amendments relating to Chief Executive
3
4
WORKPLACE HEALTH AND SAFETY
AMENDMENT BILL 2002
(Brought in by the Minister for Infrastructure, the
Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Workplace Health and Safety
Act 1995
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Workplace Health and
Safety Amendment Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Workplace Health and Safety Act 1995*
is referred to as the Principal Act.
*No. 13 of 1995
[Bill 79] 5
s. 4 No. Workplace Health and Safety 2002
Amendment
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by omitting the definition of "Chief Executive";
(b) by inserting the following definition after the
definition of "contractor":
"contravene" includes fail to comply
with;
(c) by omitting "dangerous" from paragraph (c) of
the definition of "dangerous incident";
(d) by omitting the definition of "employee" and
substituting the following definition:
"employee" means
(a) a natural person employed
under a contract of service;
or
(b) a natural person who uses
substances or plant in an
educational or other training
establishment;
(e) by inserting "or were" after "are" in the
definition of "industry";
(f) by inserting the following definition after the
definition of "industry":
"infringement notice" means an
infringement notice served under
Part 6A;
(g) by omitting the definition of "mine" and
substituting the following definition:
6
2002 Workplace Health and Safety No. s. 4
Amendment
"mine" means any place at, in, on or
under which any operations or
work are carried out on an area of
land which is subject to a mining
lease in force under Part 4 of the
Mineral Resources Development
Act 1995
(a) to obtain or treat minerals;
or
(b) to store or contain minerals
or waste material generated
by mining on that area; or
(c) in association with mining;
(h) by inserting the following definition after the
definition of "plant":
"prescribed authority" means the
Standards Association of
Australia, the British Standards
Institution, the International
Organisation for Standardisation,
the American National Standards
Institute, Standards New Zealand,
the National Occupational Health
and Safety Commission, the
National Road Transport
Commission or any other similar
authority prescribed by the
regulations;
(i) by inserting the following definition after the
definition of "principal":
"regulations" means regulations made
and in force under this Act;
7
s. 4 No. Workplace Health and Safety 2002
Amendment
(j) by inserting the following definitions after the
definition of "responsible officer":
"safety management plan" means a
written set of procedures and
instructions relating to health and
safety in a workplace;
"Secretary" means the Head of the
State Service Agency, within the
meaning of the State Service Act
2000, in which this Act is
administered;
(k) by inserting the following definition after the
definition of "serious bodily injury or illness":
"service provider" means a person
who
(a) is engaged to provide a
service at, or in connection
with, a workplace; or
(b) is licensed, registered or
holds a certificate issued by
the Director under the
regulations;
(l) by inserting ", and includes the packaging of
any such substance" after "vapour" in the
definition of "substance";
(m) by inserting "or was" after "is" in the definition
of "workplace".
8
2002 Workplace Health and Safety No. s. 5
Amendment
Section 3A inserted
5. After section 3 of the Principal Act, the following
section is inserted in Part 1:
Application of other Acts
3A. This Act is in addition to but does not derogate
from any other Act relating to the health or safety of
persons in a workplace.
Section 5 amended (Secretary)
6. Section 5(2) of the Principal Act is amended by omitting
"Chief Executive's" and substituting "Secretary's".
Section 9 amended (Duties of employers)
7. Section 9 of the Principal Act is amended as follows:
(a) by omitting from subsection (2)(e) "of a
hazardous nature";
(b) by omitting subsection (4) and substituting the
following subsection:
(4) Any employer who exercises, or is in
a position to exercise, management or control
over a workplace must ensure that, so far as is
reasonably practicable, any person at that
workplace is safe from injury and risks to
health.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 1 500 penalty
units; or
9
s. 8 No. Workplace Health and Safety 2002
Amendment
(b) a natural person, a fine not
exceeding 500 penalty units.
Section 10 amended (Responsible officer)
8. Section 10 of the Principal Act is amended by inserting
after subsection (3) the following subsection:
(4) An employer must
(a) notify the responsible officer in writing
of his or her appointment as responsible
officer; and
(b) give notice of that appointment as far as
reasonably practicable to all persons
employed or engaged at the workplace.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 100 penalty units; and
(b) a natural person, a fine not
exceeding 20 penalty units.
Section 13 substituted
9. Section 13 of the Principal Act is repealed and the
following section is substituted:
Duties of self-employed persons
13. A self-employed person must ensure that, so far
as is reasonably practicable, he or she and all other
persons are not exposed to risks to their health or
safety arising from work carried on at his or her
workplace.
10
2002 Workplace Health and Safety No. s. 10
Amendment
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 1 500 penalty units; and
(b) a natural person, a fine not
exceeding 500 penalty units.
Section 14 amended (Duties of designers,
manufacturers, importers, suppliers and installers)
10. Section 14 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "or structure"
after "any plant";
(b) by inserting in subsection (1)(a) "or structure"
after "of the plant";
(c) by inserting in subsection (1)(a) "or structure"
after "use the plant";
(d) by inserting in subsection (1)(b) "or structure"
after "when the plant";
(e) by inserting in subsection (1)(b)(i) "or
structure" after "plant";
(f) by inserting in subsection (1)(b)(ii) "or
structure" after "plant";
(g) by inserting in subsection (3) "or structure"
after "any plant";
(h) by inserting in subsection (3) ", structure"
after "use the plant";
(i) by inserting in subsection (3) ", structure"
after "which the plant";
11
s. 11 No. Workplace Health and Safety 2002
Amendment
(j) by inserting the following subsection after
subsection (3):
(4) In this section, "structure" includes
a component or fitting.
Sections 14A and 14B inserted
11. After section 14 of the Principal Act, the following
sections are inserted in Part 3:
Order to recall, destroy, &c., plant, substances
or structures
14A. (1) If the Director considers that any plant,
substance or structure at a workplace is unsafe or
dangerous, the Director may, by notice in writing,
order the designer, manufacturer, importer or
supplier to recall, destroy or prevent the use of the
plant, substance or structure.
(2) A designer, manufacturer, importer or
supplier must not contravene a notice given to him
or her by the Director.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 1 500 penalty units; and
(b) a natural person, a fine not
exceeding 500 penalty units.
(3) In this section, "structure" includes a
component or fitting.
Service providers
14B. A service provider must, so far as is reasonably
practicable, ensure that in the provision of a service
12
2002 Workplace Health and Safety No. s. 12
Amendment
no person is exposed, or is likely to be exposed, to a
risk to his or her health or safety.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 1 500 penalty units; and
(b) a natural person, a fine not
exceeding 500 penalty units.
Section 15 amended (Persons in control of
workplaces, &c.)
12. Section 15 of the Principal Act is amended by
inserting after subsection (2) the following subsection:
(3) A person who has control of any workplace
or temporary public stand must so far as is
reasonably practicable
(a) ensure that visitors to the workplace or
temporary public stand are aware of the
health and safety requirements relevant
to the visitors and that they comply with
those requirements; and
(b) remove a visitor who fails to comply with
any health and safety requirements
relevant to visitors to the workplace or
temporary public stand.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 1 500 penalty units; or
(b) a natural person, a fine not
exceeding 500 penalty units.
13
s. 13 No. Workplace Health and Safety 2002
Amendment
Section 20 amended (Interference, misuse, &c.)
13. Section 20 of the Principal Act is amended as follows:
(a) by omitting from paragraph (c) "person." and
substituting "person; or";
(b) by inserting the following paragraphs after
paragraph (c):
(d) interfere with any plant at a
workplace; or
(e) do anything that causes, or is
likely to cause, damage to plant at
a workplace whether or not that
activity puts at risk the health or
safety of any other person.
Section 21 substituted
14. Section 21 of the Principal Act is repealed and the
following section is substituted:
Duties to be satisfied by each person
21. If more than one person is under a duty or
obligation imposed by this Part, each person must
(a) satisfy the duty or obligation imposed on
the person without regard to the fact
that another person may also be
responsible for satisfying that duty or
obligation; and
(b) cooperate with any other person who is
performing that duty or obligation.
14
2002 Workplace Health and Safety No. s. 15
Amendment
Section 28 amended (Functions of health and safety
committees)
15. Section 28(4)(d) of the Principal Act is amended by
inserting "written" after "with the".
Section 32 amended (Employees' safety
representatives)
16. Section 32(5)(d) of the Principal Act is amended by
inserting "written" after "with the".
Section 34 amended (Appointment of inspectors)
17. Section 34 of the Principal Act is amended by omitting
subsection (2) and substituting the following subsections:
(2) The Secretary is to issue an inspector
appointed under subsection (1) with
(a) a certificate of appointment; and
(b) an identity card.
(2A) An inspector is to show his or her identity
card to
(a) the owner, principal or person who has
control or management of; or
(b) the employer at
a workplace or place at which the inspector proposes
to exercise his or her powers or perform his or her
functions under this Act.
15
s. 18 No. Workplace Health and Safety 2002
Amendment
(2B) A failure by an inspector to show his or
her identity card does not invalidate any subsequent
exercise of the inspector's powers.
Section 36 amended (Powers and functions of
inspectors)
18. Section 36 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "In" and
substituting "Subject to subsection (1A) and
in";
(b) by inserting in subsection (1)(b) ", whether at
that place or not," after "person";
(c) by inserting in subsection (1)(e) ", whether or
not the person is at that workplace," after
"workplace";
(d) by inserting the following subsections after
subsection (1):
(1A) An inspector must not enter a
residence otherwise than
(a) with the consent of the owner or
an adult who appears to be living
in the residence; or
(b) in accordance with an
authorisation granted under
subsection (1C).
(1B) An inspector may apply to a court
for an authorisation to enter a residence.
(1C) A court may grant an authorisation
if satisfied that there are reasonable grounds
for believing that the residence is
16
2002 Workplace Health and Safety No. s. 19
Amendment
(a) being used as a workplace; or
(b) being used to store a substance in
excess of the quantity prescribed
in respect of that substance; or
(c) the only practical means of access
to a workplace.
Section 37A inserted
19. After section 37 of the Principal Act, the following
section is inserted in Part 6:
Offences relating to qualifications, &c.
37A. (1) A person must not falsely represent that he
or she holds a qualification, certificate, accreditation
or registration granted or issued under this Act.
Penalty: Fine not exceeding 100 penalty units.
(2) A person must not materially alter or
deface a qualification, certificate, accreditation or
registration granted or issued under this Act.
Penalty: Fine not exceeding 100 penalty units.
Section 38 amended (Power of inspector in respect
of safety and health risks)
20. Section 38 of the Principal Act is amended as follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) If, by reason of circumstances
existing at any workplace or in respect of the
17
s. 20 No. Workplace Health and Safety 2002
Amendment
use or intended use of any amusement
structure or temporary public stand, an
inspector is of the opinion
(a) that the safety or health of persons
is endangered; or
(b) there is a contravention of this
Act
the inspector, by notice in writing served on
the employer, responsible officer or other
persons on whom a duty is imposed under this
Act, may direct that employer, responsible
officer or other person to take any steps that
the inspector thinks fit and are specified in the
notice to remedy or alleviate those
circumstances.
(2) If, in the opinion of the inspector, the
circumstances existing under subsection (1)
are of sufficient urgency as to warrant
immediate action to remedy or alleviate them
and it is not practicable to serve a notice in
writing under that subsection, the inspector
may give an oral direction to the employer,
responsible officer or any other person on
whom a duty is imposed under this Act.
(b) by inserting in subsection (5) ", responsible
officer" after "employer";
(c) by omitting from subsection (7)(a) "the" and
substituting "an";
(d) by omitting subsection (8) and substituting the
following subsection:
(8) If an employer or responsible officer
considers that a notice under this section
would have the effect of causing the cessation
18
2002 Workplace Health and Safety No. s. 21
Amendment
or substantial cessation of the business being
carried on by the employer at the workplace,
the employer or responsible officer may
request the Director to confirm, modify or
revoke that notice.
(e) by inserting in subsection (9) ", modify" after
"confirm";
(f) by omitting from subsection (9) "being
requested to do so" and substituting "receiving
the request".
Section 39 amended (Prevention of accidents and
risks to health)
21. Section 39 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "person, the
Director, by notice in writing served on an
employer at a workplace" and substituting
"person at a workplace, the Director, by notice
in writing served on an employer or
responsible officer";
(b) by inserting in subsection (1)(a) "or responsible
officer" after "employer";
(c) by inserting in subsection (1)(b) ", or stored
at," after "with";
(d) by inserting in subsection (2) "or responsible
officer" after "an employer";
(e) by inserting the following paragraph after
paragraph (d) in subsection (2):
(da) prepare and implement a safety
management plan that conforms
19
s. 22 No. Workplace Health and Safety 2002
Amendment
with relevant standards of any
prescribed authority;
(f) by inserting in subsection (3) "or responsible
officer" after "employer";
(g) by inserting in subsection (4) "or responsible
officer" after "an employer";
(h) by inserting in subsection (4) "or responsible
officer" after "the employer";
(i) by inserting in subsection (5) "or responsible
officer" after "An employer";
(j) by inserting in subsection (6) "or responsible
officer" after "employer".
Section 41 amended (Right of appeal)
22. Section 41 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsections:
(1) A person who is aggrieved by
(a) a notice under section 14A(1), 38, 39 or
40; or
(b) a decision made by the Director, an
inspector or other person authorised
under this Act
may, within 14 days after the notice is served or the
decision is made, appeal to the Secretary who may,
unless he or she dismisses the appeal, revoke or vary
the notice or decision.
(1A) A person who is aggrieved by a decision
of the Secretary in respect of an appeal under
subsection (1) may, within 14 days after being
20
2002 Workplace Health and Safety No. s. 23
Amendment
notified of the decision, apply to the Magistrates
Court (Administrative Appeals Division) for a review
of the decision.
Section 42 amended (Order to secure compliance)
23. Section 42(1) of the Principal Act is amended by
omitting paragraph (a) and substituting the following
paragraph:
(a) that a person on whom a notice under
section 14A(1), 38, 39 or 40 is served has
contravened this Act by failing to comply with
the notice; and
Part 6A inserted
24. After section 46 of the Principal Act, the following
Part is inserted:
PART 6A INFRINGEMENT NOTICES
Service of infringement notices
46A. (1) An inspector may serve an infringement
notice on a person, other than a person under the
age of 16 years, if of the opinion that the person has
committed a prescribed offence.
(2) An infringement notice is not to relate to 4
or more offences.
Form of infringement notice
46B. (1) An infringement notice
21
s. 24 No. Workplace Health and Safety 2002
Amendment
(a) is to be in a form approved by the
Director; and
(b) is to specify
(i) the offence to which it relates; and
(ii) the prescribed penalty for that
offence; and
(iii) the total amount payable; and
(iv) the methods by which the penalty
may be paid; and
(v) any other prescribed details.
(2) An infringement notice is to state that the
person on whom it is served may disregard the
notice but that, on doing so, he or she may be
prosecuted for the offence to which the notice
relates.
Acceptance of infringement notice
46C. A person may accept an infringement notice
by
(a) the payment, within 21 days after being
served with the notice, of the prescribed
penalty to the designated clerk of petty
sessions specified in that behalf in the
notice; or
(b) lodging with that clerk of petty sessions,
within 21 days after being served with
the notice, a written undertaking by that
person to pay the penalty by such
instalments or within such time as that
clerk may direct.
22
2002 Workplace Health and Safety No. s. 24
Amendment
Extension of acceptance period
46D. If an infringement notice is not accepted
before the end of the period referred to in
section 46C, the clerk of petty sessions may allow a
further period of 14 days commencing on that expiry
for the acceptance of that notice.
Payment
46E. (1) A person who undertakes under
section 46C(b) to pay any amount payable under an
infringement notice may make representations to
the clerk of petty sessions in relation to the person's
ability to pay the amount.
(2) The clerk of petty sessions is to take the
person's representations into account before
determining the period within which the amount is
to be paid.
(3) The clerk of petty sessions may determine
the period, not exceeding 60 days from the day on
which the notice was served, within which the
amount must be paid.
(4) If a person fails to pay any amount in
accordance with an undertaking, the same
proceedings may be taken against the person in
respect of the amount remaining outstanding as if it
were a penalty imposed on the person on summary
conviction.
Effect of acceptance
46F. (1) The acceptance of an infringement notice is
not an admission of liability in any civil proceedings.
23
s. 24 No. Workplace Health and Safety 2002
Amendment
(2) Proceedings against a person for an offence
to which an infringement notice relates that has not
been withdrawn must not be brought
(a) if the person accepts the infringement
notice; or
(b) within
(i) 28 days after the notice was
served, if the person has not been
allowed an additional period under
section 46D; or
(ii) 42 days after the notice was
served, if the person has been
allowed an additional period under
section 46D.
Withdrawal of infringement notice
46G. (1) The Director may withdraw an
infringement notice served on a person if of the
opinion that
(a) the infringement notice should not have
been served; or
(b) the person should be proceeded against
for the offence to which the notice
relates.
(2) An infringement notice may be withdrawn
whether or not it has been accepted.
(3) An infringement notice is to be
withdrawn
24
2002 Workplace Health and Safety No. s. 25
Amendment
(a) by serving on a person a notice stating
that the infringement notice has been
withdrawn; and
(b) within 108 days after service of the
infringement notice.
(4) Where an infringement notice has been
withdrawn under this section and any sum has been
paid to a clerk of petty sessions by way of penalty
under that notice, that clerk must repay that sum to
the person on whom the notice was served.
Certain evidence not admissible
46H. Evidence of the service or withdrawal of an
infringement notice is not admissible in any
proceedings for the offence to which the notice
relates.
Sums to be paid to Board
46I. Any sums paid to a clerk of petty sessions
under this Part by way of penalty must be paid to
the Board.
Section 47 substituted
25. Section 47 of the Principal Act is repealed and the
following section is substituted:
Notice of serious accidents and dangerous
incidents to be given
47. (1) If at a workplace
25
s. 26 No. Workplace Health and Safety 2002
Amendment
(a) a person is killed or suffers serious
bodily injury or illness; or
(b) a dangerous incident occurs as a result
of which a person could have been killed
or could have suffered serious bodily
injury or illness
the person having control or management of the
workplace must, by the quickest available means,
notify an inspector of particulars of the occurrence of
the death, injury, illness or incident.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 50 penalty units; and
(b) a natural person, a fine not
exceeding 20 penalty units.
(2) A person notifying an inspector under
subsection (1) must provide the inspector with
written notification of the particulars within 48
hours after the occurrence of the death, injury,
illness or incident.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 50 penalty units; and
(b) a natural person, a fine not
exceeding 20 penalty units.
Section 48 amended (Interference with accident
sites)
26. Section 48 of the Principal Act is amended as follows:
26
2002 Workplace Health and Safety No. s. 27
Amendment
(a) by omitting from paragraph (a) of the penalty
under subsection (1) "50" and substituting
"500";
(b) by omitting from paragraph (b) of the penalty
under subsection (1) "20" and substituting
"200";
(c) by inserting the following subsection after
subsection (1):
(1A) If an inspector gives a person oral
permission under subsection (1), the inspector
must provide the person with written
confirmation of the permission as soon as
reasonably practicable after it is given.
Section 50 amended (Delegation by Secretary)
27. Section 50 of the Principal Act is amended by omitting
"Chief Executive's" and substituting "Secretary's".
Section 52A inserted
28. After section 52 of the Principal Act, the following
section is inserted in Part 7:
Recovery of costs
52A. (1) In addition to any penalty imposed on a
person for an offence against this Act, a court, on
application by or on behalf of the Director, may order
the person to pay the costs reasonably incurred in
investigating the offence.
(2) In the hearing of an application under this
section, a document signed by the Director specifying
27
s. 29 No. Workplace Health and Safety 2002
Amendment
details of the costs incurred is evidence of the
matters so specified.
Section 54 amended (Evidentiary provisions)
29. Section 54(3) of the Principal Act is amended by
omitting "the Standards Association of Australia, the
British Standards Institution, the International
Organisation for Standardisation, the American National
Standards Institute, Standards New Zealand, the National
Occupational Health and Safety Commission or any
similar authority prescribed in regulations made under
this Act" and substituting "a prescribed authority".
Section 55 substituted
30. Section 55 of the Principal Act is repealed and the
following sections are substituted:
Time for instituting proceedings for offences
55. (1) Notwithstanding anything in any other Act,
proceedings for an offence against this Act may not
be instituted later than 12 months after an inspector
becomes aware of the act or omission alleged to
constitute the offence.
(2) A person seeking to rely on subsection (1)
must show that the inspector became aware of the
relevant act or omission at least 12 months before
the proceedings were instituted.
Enforcement of undertakings
55A. (1) The Secretary may accept a written
undertaking given by a person for the purposes of
this section in connection with a matter in respect of
28
2002 Workplace Health and Safety No. s. 30
Amendment
which the Secretary has a power or function under
this Act.
(2) The person may withdraw or vary the
undertaking at any time, but only with the consent
of the Secretary.
(3) If the Secretary considers that the person
who gave the undertaking has contravened any of its
terms, the Secretary may apply to the Magistrates
Court for an order under subsection (4).
(4) If the Magistrates Court is satisfied that
the person has contravened a term of the
undertaking, the Court may make all or any of the
following orders:
(a) an order directing the person to comply
with that term of the undertaking;
(b) an order directing the person to pay to
the Board an amount not exceeding any
financial benefit that the person has
obtained directly or indirectly and that
is reasonably attributable to the
contravention;
(c) an order that the Court considers
appropriate directing the person to
compensate any other person who has
suffered loss or damage as a result of the
contravention;
(d) any other order that the Court considers
appropriate.
29
s. 31 No. Workplace Health and Safety 2002
Amendment
Section 57 amended (Regulations)
31. Section 57 of the Principal Act is amended by omitting
subsection (8).
Schedule 1 amended (Regulations)
32. Schedule 1 to the Principal Act is amended as follows:
(a) by omitting item 19;
(b) by inserting the following item after item 21:
21A. The production, handling, storage, use,
disposal and movement of dangerous goods in
a workplace.
(c) by inserting the following item after item 26:
27. Infringement notices and the prescription
of offences in respect of which an infringement
notice may be issued.
Formal amendments relating to Chief Executive
33. Each of the provisions of the Principal Act specified in
Column 1 of Schedule 1 is amended by omitting "Chief
Executive" on the number of occurrences specified in
Column 2 of that Schedule and substituting "Secretary".
30
2002 Workplace Health and Safety No. sch. 1
Amendment
SCHEDULE 1 FORMAL AMENDMENTS
RELATING TO CHIEF EXECUTIVE
Section 33
Column 1 Column 2
Provision amended Number of
occurrences
The definition of "inspector" in 1
section 3(1)
The heading to Part 2 1
Section 5(1) 2
Section 5(2) 1
Section 6(c) 2
Section 6(d) 1
Section 34(1) 1
Section 34(3) 1
Section 34(4) 1
Section 34(5) 1
Section 35(1) 1
Section 36(4) 1
Section 43(2) 1
Section 43(4) 1
Section 50 1
Section 52(1) 1
31
sch. 1 No. Workplace Health and Safety 2002
Amendment
Column 1 Column 2
Provision amended Number of
occurrences
Section 57(5) 1
32 Government Printer, Tasmania