Electrical Safety and Other Legislation Amendment Act 2009 (Qld)
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Queensland Electrical Safety and Other Legislation Amendment Act 2009 Act No. 38 of 2009
Queensland Electrical Safety and Other Legislation Amendment Act 2009 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 Part 3 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of Electrical Safety Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 35 (Additional obligation of designer, manufacturer, importer or supplier of electrical equipment) . . . . . 8 Insertion of new pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2A Ministerial recall orders 40A Minister may make recall order . . . . . . . . . . . . . . . . . 9 40B Notice required before making recall order . . . . . . . . 9 40C Service of recall order . . . . . . . . . . . . . . . . . . . . . . . . 10 40D Nature of recall order . . . . . . . . . . . . . . . . . . . . . . . . . 10 40E Supplier must help responsible person . . . . . . . . . . . 11 Amendment of s 121 (Decision about taking disciplinary action) . 12 Insertion of new pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 18 Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009 244 Definition for pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 245 Notices published in industrial gazette . . . . . . . . . . . . 13 246 Effect of regulation amendment . . . . . . . . . . . . . . . . . 13 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of ElectricalSafetyRegulation2002 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 211AA (Provision of information by Residential Tenancies Authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of sch 6 (Prescribed electricity entities) . . . . . . . . . . 14
Electrical Safety and Other Legislation Amendment Act 2009 Contents Part 4 12 13 Part 5 14 15 16 Part 6 17 18 19 20 21 22 23 24 25 26 Part 7 27 28 Part 8 29 Page 2 Amendment of Acts Interpretation Act 1954 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 36 (Meaning of commonly used words and expressions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Building and Construction Industry(Portable Long Service Leave) Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 16 (Term of office) . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 11, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6 Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009 123 Notices published in industrial gazette . . . . . . . . . . . . Amendment of Contract Cleaning Industry (Portable LongServiceLeave)Act2005 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 6 (Meaning of cleaning work) . . . . . . . . . . . . . 6 Meaning of cleaning work. . . . . . . . . . . . . . . . . . . . . . Amendment of s 9 (Who is a worker) . . . . . . . . . . . . . . . . . . . . . . Amendment of s 18 (Appointment of directors) . . . . . . . . . . . . . . Amendment of s 62 (Returns) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 63 (Payments of levy) . . . . . . . . . . . . . . . . . . . . Amendment of s 65 (Civil penalty for failure to give return or pay levy) ....................................... Insertion of pt 12, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009 155 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Notices published in industrial gazette . . . . . . . . . . . . 157 Returns and levy for a return period. . . . . . . . . . . . . . 158 Civil penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Retrospective service credits . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of EvidenceAct1977 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of HolidaysAct1983 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 15 15 15 16 16 16 17 17 18 18 18 19 19 19 20 20 20 20 21 21 21 22 22 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Contents 30 31 Part 9 32 33 34 35 36 37 38 Part 10 39 40 41 42 Part 11 43 44 45 Part 12 46 47 48 Amendment of s 4 (Special holidays) . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009. . . . . . . . . . . . . . . . Amendment of Industrial Relations Act 1999 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ss 133 and 287 . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 8, pt 4, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 QIRC website 304A What is the QIRC website . . . . . . . . . . . . . . . . . . . . . 304B When matter is published on QIRC website. . . . . . . . Amendment of s 680 (Evidentiary value of official records) . . . . . Amendment of s 699 (Obsolete industrial instrument) . . . . . . . . . Insertion of new ch 20, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 9 Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009 757 Definition for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 758 Matters published in industrial gazette . . . . . . . . . . . . 759 Effect of regulation and tribunals rules amendment . . Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of IndustrialRelationsRegulation2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ss 20 and 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 81 (Notice of application) . . . . . . . . . . . . . . . . . Amendment of s 138 (Fixing start day for amalgamation or withdrawal) ............................... Amendment of Industrial Relations (Tribunals) Rules 2000 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of r 80 (Practice notes). . . . . . . . . . . . . . . . . . . . . . . Amendment of r 87 (Publishing decisions etc.) . . . . . . . . . . . . . . Amendment of ParliamentaryServiceAct1988 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 7, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009 59 Effect of rule amendment . . . . . . . . . . . . . . . . . . . . . . 22 22 22 23 23 23 23 23 24 25 26 26 26 27 27 27 27 27 28 28 29 29 29 29 29 30 2009 Act No. 38 Page 3
Electrical Safety and Other Legislation Amendment Act 2009 Contents Part 13 49 50 Part 14 51 52 53 54 55 Part 15 56 57 58 59 60 61 62 63 64 Part 16 65 66 67 68 Part 17 69 Page 4 Amendment of Parliamentary Service Rule 2000 Rule amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Trading (Allowable Hours) Act 1990 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ss 23 and 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 46 (Evidentiary provisions) . . . . . . . . . . . . . . . . Insertion of new pt 8, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009 49 Notifications published in industrial gazette . . . . . . . . Amendment of Workers’ Compensation and RehabilitationAct2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 54 (Setting of premium). . . . . . . . . . . . . . . . . . . Amendment of s 81 (Annual levy payable) . . . . . . . . . . . . . . . . . . Amendment of ss 205, 217 and 218A . . . . . . . . . . . . . . . . . . . . . Amendment of ss 393, 397, 400, 406, 408, 460, 476 and 477 . . Amendment of s 479 (Amounts payable by Authority on Minister’s instruction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ss 480–483 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 25 Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009 660 Definition for ch 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . 661 Matters published in industrial gazette . . . . . . . . . . . . 662 Amendment of regulation . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Workers’CompensationandRehabilitationRegulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ss 11, 20, 21 and 23 . . . . . . . . . . . . . . . . . . . . . . Amendment of s 23A (Deemed levy for appeals—Act, s 569(2)(a)) ................................. Amendment of ss 24, 99A, 99C, 99D and 122 . . . . . . . . . . . . . . . Amendment of Workplace Health and Safety Act 1995 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 30 30 31 31 31 31 31 32 32 33 33 33 33 33 34 34 34 35 35 35 35 35 36 36 2009 Act No. 38
70 Part 18 71 72 Electrical Safety and Other Legislation Amendment Act 2009 Contents Insertion of new pt 17, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6 Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009 196 Effect of regulation amendment . . . . . . . . . . . . . . . . . Amendment of Workplace Health and Safety Regulation2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 352 (Amount of workplace health and safety contribution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36 37 37 2009 Act No. 38 Page 5
Queensland Electrical Safety and Other Legislation Amendment Act 2009 Act No. 38 of 2009 An Act to amend the Electrical Safety Act 2002, the Electrical SafetyRegulation 2002, the Acts Interpretation Act 1954, the Building andConstruction Industry (Portable Long Service Leave) Act 1991, the ContractCleaning Industry (Portable Long Service Leave) Act 2005, the Evidence Act1977, the Holidays Act 1983, the Industrial Relations Act 1999, the IndustrialRelations Regulation 2000, the Industrial Relations (Tribunals) Rules 2000, the Parliamentary Service Act 1988, the Parliamentary Service Rule 2000, the Trading (Allowable Hours) Act 1990, the Workers’ Compensation andRehabilitation Act 2003, the Workers’ Compensation and RehabilitationRegulation 2003, the Workplace Health and Safety Act 1995 and the Workplace Health and Safety Regulation 2008 for particular purposes [Assented to 22 September 2009]
Electrical Safety and Other Legislation Amendment Act 2009 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Electrical Safety and Other Legislation Amendment Act 2009 . 2 Commencement (1) Part 6 commences on 1 January 2010. (2) The remaining provisions of this Act, other than parts 2 and 3, commence on a day to be fixed by proclamation. Part 2 Amendment of Electrical Safety Act 2002 3 Act amended This part amends the Electrical Safety Act 2002. 4 Amendment of s 35 (Additional obligation of designer, manufacturer, importer or supplier of electrical equipment) (1) Section 35, heading, ‘obligation’— omit, insert— ‘ obligations ’. (2) Section 35— insert— Page 8 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 2 Amendment of Electrical Safety Act 2002 [s 5] ‘(2) A designer, manufacturer or importer of electrical equipment has an obligation to comply with the requirements of a recall order that applies to the designer, manufacturer or importer. Note — See division 2A which provides for the making of recall orders.’. 5 Insertion of new pt 2, div 2A After section 40— insert— ‘Division 2A Ministerial recall orders ‘40A Minister may make recall order ‘(1) This section applies if the Minister considers that electrical equipment is placing, or will place, persons or property in electrical risk. ‘(2) The Minister may make an order (a recall order ) that— (a) is directed to a stated designer, manufacturer or importer (the responsible person ); and (b) requires stated electrical equipment, or a stated type of electrical equipment, be recalled from use. ‘(3) The Minister may make a recall order for electrical equipment whether or not— (a) the responsible person has already undertaken a recall of the electrical equipment; or (b) the electrical equipment has been installed at a place. Note — Section 35(2) expressly provides for an obligation to comply with the recall order. ‘40B Notice required before making recall order ‘(1) Before making the recall order, the Minister must— 2009 Act No. 38 Page 9
Electrical Safety and Other Legislation Amendment Act 2009 Part 2 Amendment of Electrical Safety Act 2002 [s 5] (a) advise the responsible person by written notice that the Minister intends to make the order and the reasons for making the order; and (b) give the responsible person a copy of the proposed order; and (c) call on the responsible person to show cause why the Minister should not make the proposed order. ‘(2) If the responsible person wishes to show cause why the recall order should not be made, the responsible person must make written submissions to the Minister within 7 days after receiving the notice and copy of the proposed order from the Minister. ‘(3) The Minister must consider any written submissions made by the responsible person before making the recall order. ‘40C Service of recall order ‘(1) This section applies if, after considering any written submissions made by the responsible person under section 40B(2), the Minister still decides to make the recall order. ‘(2) The recall order must be in writing and be given to the responsible person. ‘(3) Information that is sufficient to alert the public about the electrical risk identified in the recall order must be published in— (a) the gazette; and (b) a newspaper circulating generally in the State. ‘40D Nature of recall order ‘(1) The recall order must state— (a) the reasons for the recall of the electrical equipment from use; and Page 10 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 2 Amendment of Electrical Safety Act 2002 [s 5] (b) what the responsible person must do to recall the electrical equipment from use including, but not limited to, the following— (i) the way in which, and the period for which, the responsible person must inform other persons about the electrical risk; (ii) the information the responsible person must give other persons about the electrical risk, including the action the other persons should take to mitigate the electrical risk; (iii) the action the responsible person must take to eliminate the electrical risk, for example, by repair, replacement or otherwise making the equipment electrically safe; (iv) the information the responsible person must give to the chief executive about the progress of the recall. ‘(2) The responsible person is liable for any cost incurred in relation to complying with the recall order, including costs incurred by a supplier giving reasonable help in relation to the recall order under section 40E. ‘(3) The recall order remains in force until the end of 2 years after the order is made unless sooner revoked by the Minister. ‘(4) Subsection (3) does not prevent a further recall order being made for the same electrical equipment to which the recall order applied while it was in force. ‘40E Supplier must help responsible person ‘(1) This section applies if the responsible person— (a) produces a copy of the recall order to a supplier of electrical equipment that is the subject of the order; and (b) asks the supplier for help in relation to the recall order. ‘(2) The supplier must give the responsible person reasonable help in relation to the recall order. 2009 Act No. 38 Page 11
Electrical Safety and Other Legislation Amendment Act 2009 Part 2 Amendment of Electrical Safety Act 2002 [s 6] Examples of reasonable help — • ceasing the supply of the recalled electrical equipment • putting up a sign about the recall at the supplier’s place of business • providing a collection point for recalled electrical equipment • identifying or contacting persons supplied with the recalled electrical equipment • giving the responsible person information about the number of items of recalled electrical equipment sold, in stock or returned by customers Maximum penalty—50 penalty units.’. 6 Amendment of s 121 (Decision about taking disciplinary action) Section 121(5), ‘industrial gazette’— omit, insert— ‘gazette’. 7 Insertion of new pt 18 After section 243— insert— ‘Part 18 Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009 ‘244 Definition for pt 18 ‘In this part— amending Act means the Electrical Safety and Other Legislation Amendment Act 2009. Page 12 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 2 Amendment of Electrical Safety Act 2002 [s 8] ‘245 Notices published in industrial gazette ‘(1) This section applies if, before the commencement, a notice was published in the industrial gazette as required by section 121(5) as in force before the commencement. ‘(2) The notice continues to have been published for section 121 after the commencement despite the amendment of that section by the amending Act. ‘(3) In this section— commencement means the commencement of this section. industrial gazette means the Queensland Government Industrial Gazette. ‘246 Effect of regulation amendment ‘The amendment of the Electrical Safety Regulation 2002 by the amending Act does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. 8 Amendment of sch 2 (Dictionary) (1) Schedule 2— insert— ‘ recall order see section 40A(2). responsible person , in relation to a recall order, see section 40A(2)(a).’. (2) Schedule 2, definition electricity entity — insert— ‘(d) Airtrain Citylink Limited ACN 066 543 315.’. 2009 Act No. 38 Page 13
Electrical Safety and Other Legislation Amendment Act 2009 Part 3 Amendment of Electrical Safety Regulation 2002 [s 9] Part 3 Amendment of Electrical Safety Regulation 2002 9 Regulation amended This part amends the Electrical Safety Regulation 2002 . 10 Amendment of s 211AA (Provision of information by Residential Tenancies Authority) Section 211AA(2), definition Residential Tenancy Authority — omit, insert— ‘ Residential Tenancies Authority means the Residential Tenancies Authority established under the ResidentialTenanciesandRoomingAccommodationAct2008 , section 465.’. 11 Amendment of sch 6 (Prescribed electricity entities) Schedule 6, part 2— insert— • Airtrain Citylink Limited ACN 066 543 315’. Part 4 Amendment of Acts Interpretation Act 1954 12 Act amended This part amends the Acts Interpretation Act 1954. Page 14 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 5 Amendment of Building and Construction Industry (Portable Long Service Leave) Act1991 [s 13] 13 Amendment of s 36 (Meaning of commonly used words and expressions) (1) Section 36, definitions industrial gazette and industrial gazette notice — omit . (2) Section 36— insert— ‘ published , in relation to the QIRC website, means published as provided under the Industrial Relations Act 1999 , section 304B. QIRC website see the Industrial Relations Act 1999 , section 304A.’. Part 5 Amendment of Building and Construction Industry (Portable Long Service Leave) Act 1991 14 Act amended This part amends the BuildingandConstructionIndustry(Portable Long Service Leave) Act 1991. 15 Amendment of s 16 (Term of office) Section 16(2), ‘industrial gazette notice’— omit, insert— ‘gazette notice’. 16 Insertion of new pt 11, div 6 After section 122— insert— 2009 Act No. 38 Page 15
Electrical Safety and Other Legislation Amendment Act 2009 Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005 [s 17] ‘Division 6 Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009 ‘123 Notices published in industrial gazette ‘(1) This section applies if, before the commencement, a notice was published in the industrial gazette as permitted by section 16(2) as in force before the commencement. ‘(2) The notice continues to have been published for section 16 after the commencement despite the amendment of that section by the Electrical Safety and Other Legislation Amendment Act 2009 . ‘(3) In this section— commencement means the commencement of this section. industrial gazette means the Queensland Government Industrial Gazette.’. Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005 17 Act amended This part amends the ContractCleaningIndustry(PortableLong Service Leave) Act 2005. 18 Replacement of s 6 (Meaning of cleaning work ) Section 6— omit, insert— Page 16 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005 [s 19] ‘6 Meaning of cleaning work ‘(1) Cleaning work is work, performed in Queensland that has as its main or only function the bringing of premises or public open spaces into, or keeping of premises or public open spaces in, a clean condition. Example of public open space — South Bank Parklands ‘(2) However, cleaning work does not include the following work— (a) work that is the cleaning of a swimming pool and the grounds surrounding the swimming pool; (b) work that is the removal of waste from commercial waste receptacles from premises or public open spaces; (c) work that is bringing grounds surrounding a building or house into, or keeping the grounds in, a clean condition; (d) work of a gardening nature, including the removal or alteration of vegetation.’. 19 Amendment of s 9 (Who is a worker ) (1) Section 9— insert— ‘(2A) To remove any doubt, it is declared that if more than half of the work a worker mentioned in this section performs, or is engaged to perform, is cleaning work, the worker is taken to perform, or is taken to have been engaged to perform, cleaning work in the contract cleaning industry.’. (2) Section 9(3) — insert— ‘(d) under a contract, whether or not the contract is a contract of service, with a corporation of which the person is a director; or 2009 Act No. 38 Page 17
Electrical Safety and Other Legislation Amendment Act 2009 Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005 [s 20] (e) under a contract, whether or not the contract is a contract of service, with a trust of which the person is a trustee.’. 20 Amendment of s 18 (Appointment of directors) Section 18, ‘industrial gazette notice’— omit, insert— ‘gazette notice’. 21 Amendment of s 62 (Returns) Section 62— insert— ‘(5) In this section— worker does not include a worker who— (a) is not a registered worker; and (b) was not recorded as a worker in the person’s return for the previous return period; and (c) performed work for the person for less than 5 days during the current return period.’. 22 Amendment of s 63 (Payments of levy) Section 63— insert— ‘(6) In this section— worker does not include a worker who— (a) is not a registered worker; and (b) was not recorded as a worker in the employer’s return for the previous return period; and (c) performed work for the employer for less than 5 days during the current return period.’. Page 18 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005 [s 23] 23 Amendment of s 65 (Civil penalty for failure to give return or pay levy) (1) Section 65 — insert— ‘(4A) However, if during the past 4 return periods, the person has also, on at least 1 other occasion, failed to comply with section 62(1) or 63(2), the amount of the civil penalty is double the amount of the civil penalty mentioned in subsection (2) or (4).’. (2) Section 65(7)(a), after ‘subsection (2)’— insert— ‘or (4A)’. (3) Section 65(8)(b), after ‘subsection (4)’— insert— ‘or (4A)’. 24 Insertion of pt 12, div 1, hdg Part 12, before section 151— insert— ‘Division 1 Transitional provisions for Act No. 21 of 2005’. 25 Insertion of new pt 12, div 2 After section 154— insert— 2009 Act No. 38 Page 19
Electrical Safety and Other Legislation Amendment Act 2009 Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005 [s 25] ‘Division 2 Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009 ‘155 Definition for div 2 ‘In this division— amending Act means the Electrical Safety and Other Legislation Amendment Act 2009. ‘156 Notices published in industrial gazette ‘(1) This section applies if, before the commencement, a notice was published in the industrial gazette as permitted by section 18 as in force before the commencement. ‘(2) The notice continues to have been published for section 18 after the commencement despite the amendment of that section by the amending Act. ‘(3) In this section— commencement means the commencement of this section. industrial gazette means the Queensland Government Industrial Gazette. ‘157 Returns and levy for a return period ‘The amendments of sections 62 and 63 by the amending Act apply only in relation to a return period that commences on or after the commencement of this section. ‘158 Civil penalty ‘The amendment of section 65 by the amending Act applies only to a failure to give a return, or to pay an amount of levy, for a return period that commences on or after the commencement of this section. Page 20 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 7 Amendment of Evidence Act 1977 [s 26] ‘159 Retrospective service credits ‘(1) This section applies if a registered worker, or a person who applies to become a registered worker, performs previously excluded cleaning work on or after this commencement. ‘(2) This section applies whether or not the engagement to perform the previously excluded cleaning work started before or after this commencement. ‘(3) The registered worker or person may apply to the authority under section 69 for credit for retrospective service credits in relation to the previously excluded cleaning work. ‘(4) For subsection (3), sections 69 and 70 apply as if a reference in those sections to the commencement of the section were a reference to this commencement. ‘(5) In this section— previously excluded cleaning work means cleaning work that would not have been cleaning work in the contract cleaning industry before this commencement. this commencement means the commencement of this section.’. 26 Amendment of sch 2 (Dictionary) Schedule 2, definition premises— omit. Part 7 Amendment of Evidence Act 1977 27 Act amended This part amends the Evidence Act 1977. 2009 Act No. 38 Page 21
Electrical Safety and Other Legislation Amendment Act 2009 Part 8 Amendment of Holidays Act 1983 [s 28] 28 Amendment of sch 3 (Dictionary) Schedule 3, definition gazette , example— omit, insert— ‘ Example — Queensland Government Gazette’. Part 8 Amendment of Holidays Act 1983 29 Act amended This part amends the Holidays Act 1983. 30 Amendment of s 4 (Special holidays) Section 4(1), ‘or the Industrial Gazette’— omit. 31 Insertion of new s 8 After section 7— insert— ‘8 Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009 ‘(1) This section applies if, before the commencement, a notification was published in the industrial gazette as permitted by section 4(1) as in force before the commencement. ‘(2) The notification continues to have been published for section 4 after the commencement despite the amendment of that section by the Electrical Safety and Other Legislation Amendment Act 2009 . Page 22 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 9 Amendment of Industrial Relations Act 1999 [s 32] ‘(3) In this section— commencement means the commencement of this section. industrial gazette means the Queensland Government Industrial Gazette.’. Part 9 Amendment of Industrial Relations Act 1999 32 Act amended This part amends the Industrial Relations Act 1999. 33 Amendment of ss 133 and 287 Sections 133 and 287, ‘in the industrial gazette’— omit, insert— ‘on the QIRC website’. 34 Insertion of new ch 8, pt 4, div 3 Chapter 8, part 4, after section 304— insert— ‘Division 3 QIRC website ‘304A What is the QIRC website ‘The QIRC website is the internet website used by the registrar to provide public access to information about matters relating to the court, the commission and the registry. ‘304B When matter is published on QIRC website ‘(1) A matter is published on the QIRC website— 2009 Act No. 38 Page 23
Electrical Safety and Other Legislation Amendment Act 2009 Part 9 Amendment of Industrial Relations Act 1999 [s 35] (a) if it is made accessible in full on the website; or (b) if— (i) notice of its making, issue or other production is made accessible on the website; and (ii) it is made accessible separately in full in another location identified in the notice. ‘(2) The date on which a matter is published on the QIRC website is the date notified by the registrar (whether as part of the matter or elsewhere) as the date of its publication, being a date that is not earlier than the date on which it was first made accessible under subsection (1). ‘(3) However, if a matter can not for technical or other reasons be published on the QIRC website at a particular time, the matter— (a) may be published at that time as mentioned in subsection (4); and (b) must be published on the QIRC website as soon as practicable; and (c) is taken to have been published on the QIRC website when it is published as mentioned in subsection (4). ‘(4) If subsection (3) applies, the registrar may publish the matter in any of the following ways— (a) in the gazette; (b) in a newspaper circulating throughout the State; (c) another way the registrar decides that gives sufficient notice of the matter to the public or the part of the public likely to be affected by or concerned with the matter. Example for paragraph (c) — a website of another department or State agency’. 35 Amendment of s 680 (Evidentiary value of official records) (1) Section 680(1)(b)— Page 24 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 9 Amendment of Industrial Relations Act 1999 [s 36] omit, insert— ‘(b) a document purporting to be an extract printed from the QIRC website that contains notice of a decision or other action of the court or commission.’. (2) Section 680(2)(a), from ‘a copy’ to ‘contain’— omit, insert— ‘a document purporting to be an extract printed from the QIRC website that contains’. (3) Section 680(2)— insert— ‘(g) a certificate issued by the registrar that— (i) a specified website is currently used, or was used during a stated period or on a stated day, to provide public access to information about matters relating to the court, the commission and the registry; or (ii) a stated matter was published on the QIRC website on a stated day; or (iii) a stated matter on the QIRC website was, on a stated day, published in a particular way; or (iv) a document on the QIRC website was in force at a stated time or during a stated period; is evidence of the matters.’. 36 Amendment of s 699 (Obsolete industrial instrument) (1) Section 699(1), ‘notify in the industrial gazette’— omit, insert— ‘publish on the QIRC website notice of’. (2) Section 699(4), ‘notify in the industrial gazette’— omit, insert— ‘, by notice published on the QIRC website, declare’. 2009 Act No. 38 Page 25
Electrical Safety and Other Legislation Amendment Act 2009 Part 9 Amendment of Industrial Relations Act 1999 [s 37] 37 Insertion of new ch 20, pt 9 After section 756— insert— ‘Part 9 Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009 ‘757 Definition for pt 9 ‘In this part— amending Act means the Electrical Safety and Other Legislation Amendment Act 2009. ‘758 Matters published in industrial gazette ‘(1) This section applies if, before the commencement of this section, a matter was published in the industrial gazette as required or permitted by a provision of this Act ( relevant provision ) as in force before the commencement. ‘(2) Despite the amendment of the relevant provision by the amending Act, after the commencement— (a) the matter continues to have been published for the relevant provision; and (b) section 680, as in force immediately before the commencement, continues to apply to a copy of, or a document purporting to be an extract from, the industrial gazette. ‘(3) In this section— commencement means the commencement of this section. industrial gazette means the Queensland Government Industrial Gazette. Page 26 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 10 Amendment of Industrial Relations Regulation 2000 [s 38] ‘759 Effect of regulation and tribunals rules amendment ‘The amendment of the Industrial Relations Regulation 2000 and the Industrial Relations (Tribunals) Rules 2000 by the amending Act does not affect the power of the Governor in Council to further amend the regulation or rules or to repeal the regulation or rules.’. 38 Amendment of sch 5 (Dictionary) Schedule 5— insert— ‘ published , in relation to the QIRC website, means published as provided under section 304B. QIRC website see section 304A.’. Part 10 Amendment of Industrial Relations Regulation 2000 39 Regulation amended This part amends the Industrial Relations Regulation 2000. 40 Amendment of ss 20 and 26 Sections 20(3)(b)(ii) and 26(3), ‘in the industrial gazette’— omit, insert— ‘on the QIRC website’. 41 Amendment of s 81 (Notice of application) (1) Section 81(3)— omit, insert— 2009 Act No. 38 Page 27
Electrical Safety and Other Legislation Amendment Act 2009 Part 11 Amendment of Industrial Relations (Tribunals) Rules 2000 [s 42] ‘(3) A notice under subsection (2) must be— (a) given in a newspaper circulating throughout the State; and (b) published on the QIRC website.’. (2) Section 81(5)— omit, insert— ‘(5) A notice under subsection (4) must be— (a) given in a newspaper circulating throughout the State; and (b) published on the QIRC website.’. 42 Amendment of s 138 (Fixing start day for amalgamation or withdrawal) Section 138, ‘industrial gazette notice’— omit, insert— ‘notice published on the QIRC website’. Part 11 Amendment of Industrial Relations (Tribunals) Rules 2000 43 Rules amended This part amends the Industrial Relations (Tribunals) Rules 2000. Page 28 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 12 Amendment of Parliamentary Service Act 1988 [s 44] 44 Amendment of r 80 (Practice notes) Rule 80, ‘industrial gazette notice’— omit, insert– ‘notice published on the QIRC website’. 45 Amendment of r 87 (Publishing decisions etc.) Rule 87, ‘in the industrial gazette’— omit, insert— ‘on the QIRC website’. Part 12 Amendment of Parliamentary Service Act 1988 46 Act amended This part amends the Parliamentary Service Act 1988. 47 Insertion of new pt 7, div 1, hdg Part 7, before section 57— insert — ‘Division 1 Transitional provision for Act No. 38 of 1995 48 Insertion of new pt 7, div 2 After section 58— insert — 2009 Act No. 38 Page 29
Electrical Safety and Other Legislation Amendment Act 2009 Part 13 Amendment of Parliamentary Service Rule 2000 [s 49] ‘Division 2 Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009 ‘59 Effect of rule amendment ‘The amendment of the Parliamentary Service Rule 2000 by the Electrical Safety and Other Legislation Amendment Act 2009 does not affect the power of the Speaker to further amend the rule or to repeal it.’. Part 13 Amendment of Parliamentary Service Rule 2000 49 Rule amended This part amends the Parliamentary Service Rule 2000. 50 Amendment of s 2 (Definitions) Section 2, definition award , ‘industrial gazette’— omit, insert— ‘Queensland Government Industrial Gazette’. Part 14 Amendment of Trading (Allowable Hours) Act 1990 51 Act amended This part amends the Trading (Allowable Hours) Act 1990. Page 30 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 14 Amendment of Trading (Allowable Hours) Act 1990 [s 52] 52 Amendment of ss 23 and 31 Sections 23(3)(a) and 31, ‘in the Queensland Government Industrial Gazette’— omit, insert— ‘on the QIRC website’. 53 Amendment of s 46 (Evidentiary provisions) Section 46(g), ‘a copy of, or a document purporting to be an extract from the Queensland Industrial Government Gazette’— omit, insert— ‘a document, or a copy of a document, purporting to be an extract from the QIRC website’. 54 Insertion of new pt 8, div 1, hdg Part 8, before section 48— insert— ‘Division 1 Transitional provision for Act No. 23 of 1994’. 55 Insertion of new pt 8, div 2 After section 48— insert— ‘Division 2 Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009 ‘49 Notifications published in industrial gazette ‘(1) This section applies if, before the commencement, a notification was published in the industrial gazette as required 2009 Act No. 38 Page 31
Electrical Safety and Other Legislation Amendment Act 2009 Part 15 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 56] or permitted by a provision of this Act ( relevant provision ) as in force before the commencement. ‘(2) Despite the amendment of the relevant provision by the Electrical Safety and Other Legislation Amendment Act 2009 , after the commencement— (a) the notification continues to have been published for the relevant provision; and (b) section 46, as in force immediately before the commencement, continues to apply to a copy of, or a document purporting to be an extract from, the industrial gazette. ‘(3) In this section— commencement means the commencement of this section. industrial gazette means the Queensland Government Industrial Gazette.’. Part 15 Amendment of Workers’ Compensation and Rehabilitation Act 2003 56 Act amended This part amends the Workers’CompensationandRehabilitation Act 2003. 57 Amendment of s 54 (Setting of premium) Section 54(2) and (4), ‘industrial gazette notice’— omit, insert— ‘gazette notice’. Page 32 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 15 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 58] 58 Amendment of s 81 (Annual levy payable) Section 81(7), ‘industrial gazette’— omit, insert— ‘gazette’. 59 Amendment of ss 205, 217 and 218A Sections 205(3), 217(3)(a) and 218A(3),‘industrial gazette notice’— omit, insert— ‘gazette notice’. 60 Amendment of ss 393, 397, 400, 406, 408, 460, 476 and 477 Sections 393(3), 397(5), 400(3), 406(5), 408(4), 460(7), 476(4)(a) and 477(5)(a), ‘industrial gazette’— omit, insert— ‘gazette’. 61 Amendment of s 479 (Amounts payable by Authority on Minister’s instruction) Section 479(2), ‘industrial gazette notice’— omit, insert— ‘gazette notice’. 62 Amendment of ss 480–483 Sections 480(4)(a), 481(4)(a), 482(6)(a) and 483(6)(a), ‘industrial gazette’— omit, insert— ‘gazette’. 2009 Act No. 38 Page 33
Electrical Safety and Other Legislation Amendment Act 2009 Part 15 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 63] 63 Insertion of new ch 25 After section 659— insert— ‘Chapter 25 Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009 ‘660 Definition for ch 25 ‘In this chapter— amending Act means the Electrical Safety and Other Legislation Amendment Act 2009. ‘661 Matters published in industrial gazette ‘(1) This section applies if, before the commencement, a matter was published in the industrial gazette as required or permitted by a provision of this Act ( relevant provision ) as in force before the commencement. ‘(2) The matter continues to have been published for the relevant provision after the commencement despite the amendment of that provision by the amending Act. ‘(3) A reference to the publication of a matter under the relevant provision in another Act is taken to include a reference to the publication of the matter in the industrial gazette as continued in effect under subsection (2). ‘(4) In this section— commencement means the commencement of this section. industrial gazette means the Queensland Government Industrial Gazette. Page 34 2009 Act No. 38
Electrical Safety and Other Legislation Amendment Act 2009 Part 16 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 64] ‘662 Amendment of regulation ‘The amendment of the Workers’CompensationandRehabilitation Regulation 2003 by the amending Act does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. 64 Amendment of sch 6 (Dictionary) Schedule 6, definition classification group employer , paragraph (b), ‘industrial gazette notice’— omit, insert— ‘gazette notice’. Part 16 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 65 Regulation amended This part amends the Workers’CompensationandRehabilitation Regulation 2003. 66 Amendment of ss 11, 20, 21 and 23 Sections 11(2)(a), 20(2), 21(2)(c) and 23(2), ‘industrial gazette notice’— omit, insert— ‘gazette notice’. 67 Amendment of s 23A (Deemed levy for appeals—Act, s 569(2)(a)) Section 23A(2), ‘industrial gazette’— 2009 Act No. 38 Page 35
Electrical Safety and Other Legislation Amendment Act 2009 Part 17 Amendment of Workplace Health and Safety Act 1995 [s 68] omit, insert— ‘gazette’. 68 Amendment of ss 24, 99A, 99C, 99D and 122 Sections 24(2), 99A(2), 99C(4), 99D(4) and 122(4), ‘industrial gazette notice’— omit, insert— ‘gazette notice’. Part 17 Amendment of Workplace Health and Safety Act 1995 69 Act amended This part amends the Workplace Health and Safety Act 1995. 70 Insertion of new pt 17, div 6 After section 195— insert— ‘Division 6 Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009 ‘196 Effect of regulation amendment ‘The amendment of the WorkplaceHealthandSafetyRegulation2008 by the Electrical Safety and Other Legislation Amendment Act 2009 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. Page 36 2009 Act No. 38
Part 18 Electrical Safety and Other Legislation Amendment Act 2009 Part 18 Amendment of Workplace Health and Safety Regulation 2008 [s 71] Amendment of Workplace Health and Safety Regulation 2008 71 Regulation amended This part amends the Workplace Health and Safety Regulation2008. 72 Amendment of s 352 (Amount of workplace health and safety contribution) Section 352(2), ‘industrial gazette notice’— omit, insert— ‘gazette notice’. © State of Queensland 2009 2009 Act No. 38 Page 37
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