OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 164 Continuation of health and safety representatives

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 164

    (1)     A person who, immediately before the commencement of Part 7 of this Act, was a health and safety representative for a designated work group under section 30 of the old Act continues, on and after that commencement, as a health and safety representative for that designated work group for the purposes of this Act and the regulations until the earlier of—

        (a)     3 years after that commencement; or

        (b)     the person ceases to hold office because of section 55(2) of this Act.

    (2)     Despite the repeal of the old Act, the duty imposed by section 31(2)(c) of the old Act on an employer continues in existence on and after that commencement until the commencement of Part 4 of this Act as though the old Act had not been repealed.

    (3)     For the purposes of subsection (2), any other provision of the old Act (including, but not limited to, Part VII) necessary to give effect to the provision continued in existence by force of that subsection also continues to apply in relation to that provision until the commencement of Part 4 of this Act.