Tasmanian Consolidated Acts

WORKPLACE HEALTH AND SAFETY ACT 1995 - SCHEDULE 3

SCHEDULE 3 - Savings and transitional provisions

Section 59

1. Interpretation

In this Schedule, "commencement day" means the day on which this Act commences.

2. References to Industrial Safety, Health, and Welfare Board

On and after the commencement day a reference to the Industrial Safety, Health, and Welfare Board in any Act, law, instrument or document is taken to be a reference to the WorkCover Tasmania Board.

3. Documents

On and after the commencement day –

(a) any document which was addressed to, and which was purported to have been served on or notified to, the Industrial Safety, Health, and Welfare Board and which had not ceased to have effect before that day, is taken to have been served on, or notified to, the WorkCover Tasmania Board; and

(b) any document which was addressed to, and which was purported to have been served on or notified to, a person by or on behalf of the Industrial Safety, Health, and Welfare Board, and which had not ceased to have effect before that day, is taken to have been served on, or notified to, that person by the WorkCover Tasmania Board.

4. Acts, &c., done by or to Industrial Safety, Health, and Welfare Board

All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Industrial Safety, Health, and Welfare Board before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the WorkCover Tasmania Board.

5. References to certain Acts

On and after the commencement day –

(a) a reference in any Act to any section, Division, Part or Schedule of the Scaffolding Act 1960, Inspection of Machinery Act 1960, Industrial Safety, Health, and Welfare Act 1977 and Mines Inspection Act 1968 is taken to be a reference to the equivalent provision, if any, in the Workplace Health and Safety Act 1995; and

(b) a reference in any Act, law, instrument or document to the Scaffolding Act 1960, Inspection of Machinery Act 1960, Industrial Safety, Health, and Welfare Act 1977 and Mines Inspection Act 1968 is taken to be a reference to the Workplace Health and Safety Act 1995.

6. Appeals

An appeal instituted under the Industrial Safety, Health, and Welfare Act 1977 and not finally determined by the appeal tribunal established under that Act before the commencement day is, on and after that day, to be dealt with as if this Act had not been enacted.

7. Record books

A record book required to be kept under the Mines Inspection Act 1968 is, on and after the commencement day, taken to be a record book required to be kept under this Act.

8. Employees' safety representatives

An employees' safety representative elected under the Industrial Safety, Health, and Welfare Act 1977 or the Mines Inspection Act 1968 and whose certificate of appointment is in force immediately before the commencement day is, on and after that day, taken to have been elected under this Act in respect of the period for which he or she was elected under the Industrial Safety, Health, and Welfare Act 1977 or the Mines Inspection Act 1968.

9. Chief Inspector of Mines

The Chief Inspector of Mines holding office under the Mines Inspection Act 1968 immediately before the commencement day is, on and after that day, taken to have been designated as Chief Inspector of Mines under this Act.

10. Notices

A notice issued under section 13 of the Industrial Safety, Health, and Welfare Act 1977 or under section 18 of the Mines Inspection Act 1968 and in force immediately before the commencement day is, on and after that day, taken to be a notice issued under section 38 of this Act.

11. Approval of dams

An approval given under section 36 of the Mines Inspection Act 1968 and in force immediately before the commencement day is, on and after that day, taken to be an approval given under this Act.

12. Inquiries

An inquiry made under section 44 of the Mines Inspection Act 1968 and not finally determined by the person conducting it before the commencement day is, on and after that day, to be dealt with as if this Act had not been enacted.

13. Registration of factories and shops

Where a factory or shop is registered under the Industrial Safety, Health, and Welfare Act 1977 and that registration is in force immediately before the commencement day, that factory or shop is, on and after that day, taken to have been licensed under this Act.

14. Certificates of competency

A certificate of competency granted under the Industrial Safety, Health, and Welfare Act 1977 or the Mines Inspection Act 1968 and in force immediately before the commencement day is, on and after that day, taken to have been granted under this Act.