Occupational Health and Safety Act 1989 (ACT)

Occupational Health and Safety Act 1989 (repealed)   

A1989-18

Republication No 30

Effective:  1 October 2009

Republication date: 1 October 2009

As repealed by A2009-28 s 4 (1)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Occupational Health and Safety Act 1989 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 October 2009. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Occupational Health and Safety Act 1989 (repealed)

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Objects  2

3. Dictionary  2

4. Notes  3

5. Offences against Act—application of Criminal Code etc 3

6. Employee taken to be at work for Act  4

7. References to employee of employer at workplace  4

8. Voluntary workers etc  4

9. Exemptions  5

10. Service of documents etc on employers  6

Part 2Occupational Health and Safety Council

Division 2.1              Establishment, functions and powers

1. Establishment  7

2. Functions  7

Division 2.2 Constitution and meetings

1. Membership  8

2. Terms of appointment  9

3. Appointment of chair and deputy chair  9

4. Leave of absence  9

5. Disclosure of interest  10

6. Ending appointment of council member  10

7. Calling meetings  11

8. Procedure at meetings  12

9. Immunity from suit  13

Division 2.3              Advisory committees

1. Establishment  13

Part 3Occupational Health and Safety Commissioner

1. Appointment of commissioner  14

2. Functions  14

3. Resignation  15

4. Retirement  15

5. Removal of commissioner  15

6. Suspension and removal of commissioner  16

7. Ministerial directions  16

8. Staff  17

9. Delegation by commissioner  17

Part 4Safety duties for occupational health and safety

Division 4.1              Safety duties

1. Duties of employers in relation to employees  18

2. Duties of employers in relation to third parties  20

3. Duties of people in control of workplaces  20

4. Duties of employees  21

5. Duties of self-employed people  23

6. Duties of manufacturers in relation to plant and substances                23

7. Duties of suppliers in relation to plant and substances  24

8. Duties of people erecting or installing plant in workplace  26

9. Reliance on information supplied or results of research  26

Division 4.2              Failure to comply with safety duties

1. Meaning of safety duty for div 4.2  28

2. Failure to comply with safety duty—general offence  28

3. Failure to comply with safety duty—exposing people to substantial risk of serious harm         29

4. Failure to comply with safety duty—causing serious harm to people       29

5. Alternative verdicts for failure to comply with safety duties                  30

6. Beginning of prosecution in Magistrates Court  31

Part 5Workplace arrangements

Division 5.1              Health and safety representatives

1. Small employers not affected  32

2. Work groups designated by employers  32

3. Work groups designated by chief executive  34

4. Work groups on construction sites  35

5. Selection  37

6. Objections to selection  38

7. Lists of health and safety representatives  39

8. Powers  40

9. Access to information  41

10. Duties of employers  42

11. Term of office  44

12. Resignation etc  44

13. Disqualification  44

14. Liability  46

15. Deputy health and safety representatives  46

Division 5.2              Provisional improvement notices

1. Issue  47

2. Display  50

3. Compliance  50

4. Revocation  51

5. Review  51

Division 5.3              Emergency procedures

1. Action by health and safety representatives  52

2. Alternative work  53

Division 5.4              Entry to workplaces by authorised representatives

1. Definitions for div 5.4  53

2. Authorised representatives  54

3. Disqualification of authorised representatives  56

4. Entry to workplaces by authorised representatives  57

5. Notice of entry by authorised representative  58

6. Production of authorised representative’s authorisation  58

7. Powers available to authorised representative on entry  58

8. Damage etc to be minimised by authorised representative                 59

9. Compensation for exercise of function by authorised representative       60

10. Authorised representative to tell occupier about findings  60

11. Pretending to be authorised representative  61

12. Obstructing etc authorised representative  61

Division 5.5              Health and safety committee

1. Functions  61

2. Duties of employers  62

3. Liability  63

Part 6Enforcement powers

Division 6.1              General

1. Definitions for pt 6  64

Division 6.2              General powers of inspectors

1. General power of inspectors to enter premises  64

2. Production of identity card by inspectors  66

3. Consent to entry by inspectors  66

4. General powers of inspectors for premises  67

5. General powers of inspectors for public places  69

6. Contravention of requirement by inspector  69

7. Power of inspectors to take action to prevent etc imminent risk            69

8. Report about action under s 96  71

9. Recovery of Territory’s costs for action under s 96  71

10. Power of entry etc in relation to dangerous occurrences  72

11. Power of inspectors to seize things  72

12. Action by inspector in relation to seized thing  73

13. Power of inspectors to destroy unsafe things  74

14. Power of inspectors to require name and address  75

15. Power of inspectors to require production of authorisation                  76

Division 6.3              Search warrants

1. Warrants generally  77

2. Warrants—application made other than in person  78

3. Search warrants—announcement before entry  80

4. Details of search warrant to be given to occupier etc  81

5. Occupier entitled to be present during search etc  81

6. Moving things to another place for examination or processing under search warrant    81

7. Use of electronic equipment under search warrant  82

8. Person with knowledge of computer systems to assist access etc under search warrant         83

9. Securing electronic equipment under search warrant  85

10. Copies of things seized under search warrant to be provided               86

Division 6.4              Return and forfeiture of things seized

1. Receipt for things seized  87

2. Access to things seized  87

3. Return of things seized  88

4. Application for order disallowing seizure  89

5. Order for return of seized thing  90

6. Adjournment pending hearing of other proceedings  91

7. Forfeiture of seized things  91

8. Return of forfeited things  91

9. Cost of disposal of things forfeited  92

Division 6.5              Taking and analysis of samples

1. Inspector may buy samples without complying with div 6.5                 92

2. Occupier etc to be told sample to be analysed  93

3. Payment for samples  93

4. Samples from packaged substances  93

5. Procedures for dividing samples  93

6. Exceptions to s 128  94

7. Certificates of analysis by authorised analysts  95

Division 6.6              Other enforcement provisions

1. Damage etc by inspectors to be minimised  95

2. Compensation for exercise of function by inspector  96

Part 7Compliance measures

Division 7.1              Interpretation for pt 7

1. Meaning of responsible person for pt 7  97

Division 7.2              Information and documents

1. Chief executive may require answers to questions and production of documents       97

2. Compliance with notice to produce  98

3. Failure to attend before chief executive or produce documents            98

4. Attendance before chief executive—offences  99

5. Privileges against selfincrimination and exposure to civil penalties       100

Division 7.3              Compliance agreements

1. Meaning of relevant responsible person for div 7.3  100

2. Inspector may seek compliance agreement  101

3. Term of compliance agreement  102

4. Compliance agreement not admission of fault etc  102

5. Notification and display of compliance agreements  103

6. Compliance agreement not to be removed etc  104

Division 7.4              Improvement notices

1. Meaning of relevant responsible person for div 7.4  104

2. Giving improvement notices  104

3. Contents of improvement notices  104

4. Scope of improvement notices  105

5. Extension of time for compliance with improvement notices               106

6. Notification and display of improvement notices  106

7. Improvement notice not to be removed etc  107

8. Revocation of improvement notice on compliance  107

9. Contravention of improvement notices  107

Division 7.5              Prohibition notices

1. Definitions for div 7.5  108

2. Giving prohibition notices  108

3. Contents of prohibition notices  109

4. Scope of prohibition notices  110

5. Extension of time for inspection etc  110

6. Notification and display of prohibition notices  111

7. Prohibition notice not to be removed etc  111

8. Ending of prohibition notices for contravention of Act etc                  112

9. Request for reinspection  112

10. Revocation on reinspection  112

11. Ending of prohibition notices given for inspection etc  113

12. Contravention of prohibition notices  113

13. Request for compensation for prohibition notice  113

14. Compensation for prohibition notice  114

Division 7.6              Enforceable undertakings

1. Definitions for div 7.6  114

2. Making of safety undertakings  115

3. Acceptance of safety undertaking  116

4. Withdrawal from or amendment of enforceable undertaking               116

5. Term of enforceable undertaking  116

6. Safety undertaking not admission of fault etc  117

7. Contravention of enforceable undertakings  117

Division 7.7              Injunctions

1. Injunctions to restrain offences against Act  118

2. Enforcement of injunctions  119

3. Amendment or discharge of injunctions  119

4. Interim injunctions—undertakings about damages  119

5. Magistrates Court’s other powers not limited  120

Part 8Review of decisions

Division 8.1              Review authority

1. Establishment  121

2. Constitution  121

3. Disclosure of interest  121

Division 8.2              Reconsideration and review of decisions

1. Internally reviewable decisions, reviewable decisions and eligible people 122

2. Applications for internal review  122

3. Internal review  123

4. Review of decisions  123

5. Parties to proceedings before review authority  124

6. Representation before review authority  125

7. Notice of proceeding  125

8. Procedure of review authority  125

9. Hearings to be in public except in special circumstances                  126

10. Reference of questions of law to Supreme Court  127

11. Appeals from review authority to Supreme Court  127

Division 8.3              Miscellaneous

1. Powers of review authority  128

2. Inspection and keeping of documents  129

3. Application of Criminal Code, ch 7 129

4. Protection of review authority etc  129

Part 9Administration

1. Inspectors  130

2. Identity cards  130

3. Protection of officials from liability  131

203A        Ministerial directions to chief executive  131

Part 10Miscellaneous

1. Notice of events  132

2. Records of accidents etc  133

3. Codes of practice  133

4. Protected information  134

5. Interfering with safety equipment  136

6. Employer not to levy employees  136

7. Employer not to discriminate  136

8. Acts and omissions of representatives  137

9. Notices of noncompliance by Territory entities  138

10. Electronic service  139

11. Publication by chief executive of convictions etc  140

12. Court-directed publicity for offences  141

13. Remedial orders by courts for offences  141

14. Court may order costs and expenses  142

15. Presumptions about substances  142

16. Evidence of analysts  143

17. Power of court to order further analysis  143

18. Appointment of authorised analysts  144

19. Contracting out prohibited  144

20. Civil liability not affected  144

21. Inconsistency with associated laws  144

22. Determination of fees  145

23. Approved forms  145

24. Chief executive’s annual report  145

227A        Additional reports by chief executive  146

1. Commissioner’s half-yearly reports  146

2. Regulation-making power  146

Schedule 1Appeal rights  151

Part 1.1Internally reviewable decisions  151

Part 1.2Reviewable decisions of chief executive  154

Dictionary157

Endnotes

1. About the endnotes  163

2. Abbreviation key  163

3. Legislation history  164

4. Amendment history  169

5. Earlier republications  210

6. Renumbered provisions  213

Occupational Health and Safety Act 1989 (repealed)

An Act to promote and improve standards of occupational health, safety and welfare, and for related purposes

Part 1Preliminary

1. Name of Act

   This Act is the Occupational Health and Safety Act 1989.

2. Objects

   The objects of this Act are—

   (a)to secure the health, safety and welfare of employees at work; and

   (b)to protect persons at or near workplaces from risks to health or safety arising out of the activities of employees at work; and

   (c)to promote an occupational environment for employees that is adapted to their health and safety needs; and

   (d)to foster a cooperative consultative relationship between employers and employees on the health, safety and welfare of employees at work.

3. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   Note 2For example, the signpost definition ‘compliance agreement—see section 140 (2).’ means that the term ‘compliance agreement’ is defined in that subsection.

   Note 3A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

   ·     s 47

   ·     s 48

   ·     s 49

   ·     s 67

   ·     s 75

   ·     s 84

   ·     s 85

   ·     pt 6

   ·     pt 7

   ·     pt 9

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6. Employee taken to be at work for Act

   For this Act, an employee is taken to be at work at all times while the employee is at his or her workplace for the purpose of performing work in relation to an undertaking carried on by his or her employer.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

7. References to employee of employer at workplace

   A reference in this Act to an employee of an employer at a particular workplace is a reference to an employee who works at the workplace in the capacity of an employee of the employer.

8. Voluntary workers etc

   (1)The Minister may, in writing, declare that—

   (a)a person who is included in a specified class of people and who, otherwise than under a contract of service or a contract for services, engages in activities or performs acts at the request or direction, or for the benefit, of another person specified in the declaration shall, for this Act, be taken to be employed by that other person; and

   (b)the work of the firstmentioned person shall, for this Act, be taken to be constituted by the performance by that person of such acts as are specified in the declaration;

   and such a declaration has effect accordingly.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

   (2)A declaration is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

9. Exemptions

   (1)The Minister may on application exempt any of the following from complying with any or all provisions of this Act:

   (a)an employer;

   (b)a class of employers;

   (c)an employee;

   (d)a class of employees;

   (e)a workplace;

   (f)a class of workplace.

   (2)An exemption is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (3)If the Minister refuses to grant an exemption under subsection (1) (a), (c) or (e), the Minister must give the applicant a reviewable decision notice.

   Note 1The Minister must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

   Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

   (4)The following people may apply to the ACAT for review of a decision by the Minister to refuse an application for an exemption:

   (a)a person who is given a reviewable decision notice under subsection (3);

   (b)any other person whose interests are affected by the decision.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

10. Service of documents etc on employers

    (1)If a provision of this Act requires or permits a document to be given to an employer in relation to an activity undertaken by or on behalf of the employer, the document shall be taken to have been so given to the employer if it is given to the person who is, or is reasonably believed to be, in charge of that activity.

    (2)If a provision of this Act requires or permits anything (other than the service of a document) to be done in relation to an employer in relation to an activity undertaken by or on behalf of the employer, the thing shall be taken to have been so done in relation to the employer if it is done in relation to the person who is, or is reasonably believed to be, in charge of that activity.

Part 2Occupational Health and Safety Council

Division 2.1               Establishment, functions and powers

1. Establishment

   There is established by this section a council by the name of the Occupational Health and Safety Council.

2. Functions

   (1)The council has the following functions:

   (a)to advise the Minister on matters relating to—

   (i)occupational health and safety; or

   (ii)workers compensation; or

   (b)to inquire into and report to the Minister on matters referred to the council by the Minister in relation to—

   (i)occupational health and safety; or

   (ii)workers compensation; or

   (c)such other functions as are prescribed under the regulations.

   NoteA provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function).

   (2)Without limiting subsection (1) (a), the matters on which the council may advise the Minister include the following matters:

   (a)the operation of this Act and the associated laws;

   (b)the approval of codes of practice, and the variation of codes of practice, under section 206;

   (c)the provision of education and training in relation to occupational health and safety;

   (d)the promotion of occupational health and safety;

   (e)the operation of the Workers Compensation Act 1951;

   (f)the approval of a protocol or an amendment to a protocol under the Workers Compensation Act 1951;

   (g)the provision of education and training in relation to workers compensation.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

Division 2.2               Constitution and meetings

1. Membership

   The council shall consist of—

   (a)4 members appointed by the Minister after consultation with such people or bodies as the Minister considers represent the interests of employees; and

   (b)4 members appointed by the Minister after consultation with such people or bodies as the Minister considers represent the interests of employers; and

   (c)4 other members appointed by the Minister; and

   (d)the commissioner.

   Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

   Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

2. Terms of appointment

   (1)The appointed members of the council must be appointed as part‑time members.

   (2)An appointed member of the council must be appointed for not longer than 3 years.

   NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint).

   (3)An appointed member of the council holds office on the conditions (if any) about matters not provided for by this Act that are determined in writing by the Minister.

3. Appointment of chair and deputy chair

   The Minister must appoint a member of the council appointed under section 14 (c) as chair of the council and another member as deputy chair of the council.

4. Leave of absence

   (1)The Minister may grant leave of absence to the chair or deputy chair on the conditions (if any) about remuneration or other matters that the Minister determines.

   (2)The council may grant leave of absence to a member (other than the chair or deputy chair) on the conditions (if any) about remuneration or other matters that the council determines.

5. Disclosure of interest

   (1)A member of the council who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the council shall, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the council.

   (2)A disclosure shall be recorded in the minutes of the meeting and, unless the council otherwise determines, the member shall not—

   (a)be present during any deliberation of the council in relation to that matter; or

   (b)take part in any decision of the council in relation to that matter.

   (3)A member referred to in subsection (2) shall not—

   (a)be present during any deliberation of the council for the purpose of considering whether to make a determination under that subsection in relation to that member; or

   (b)take part in the making by the council of such a determination.

6. Ending appointment of council member

   (1)This section applies to a member of the council other than the commissioner.

   (2)The Minister must end the appointment of a member of the council if the Minister becomes aware that the member—

   (a)has become bankrupt or executed a personal insolvency agreement; or

   (b)has failed to comply with section 18 (Disclosure of interest) without reasonable excuse; or

   (c)has at any time been convicted, in Australia, of an offence punishable by imprisonment for 1 year or longer; or

   (d)has at any time been convicted, outside Australia, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer.

   (3)However, before ending the appointment of the member under subsection (2) (c) or (d) the Minister must be satisfied that the conviction affects the member’s suitability as a member of the council.

   (4)The Minister may end the appointment of a member of the council—

   (a)if the member was appointed under section 14 (a) and the Minister is satisfied that the member no longer represents the interests of employees; or

   (b)if the member was appointed under section 14 (b) and the Minister is satisfied that the member no longer represents the interests of employers; or

   (c)if the member is absent from 3 consecutive meetings of the council, otherwise than on leave approved under section 17; or

   (d)if the member contravenes a territory law; or

   (e)for misbehaviour; or

   (f)for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

   NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

7. Calling meetings

   (1)The chair—

   (a)may call the meetings of the council that the chair considers necessary for the efficient exercise of its functions; and

   (b)shall, on receipt of a written request signed by not less than 4 other members of the council, call a meeting of the council.

   (2)If the chair proposes to call a meeting of the council, the chair shall, not later than 5 days before the date of the proposed meeting, give each member of the council a written notice specifying—

   (a)the date, time and place of the meeting; and

   (b)the matters to be considered at the meeting.

   (3)The Minister may call a meeting of the council by written notice given to each of the members.

8. Procedure at meetings

   (1)The chair shall preside at all meetings of the council at which the chair is present.

   (2)If the chair is not present at a meeting of the council, the deputy chair shall preside at the meeting.

   (3)If the chair and the deputy chair are both absent from a meeting of the council, the members present shall elect 1 of their number to preside at the meeting.

   (4)Subject to section 22 and this section, the member presiding at a meeting of the council may give directions regarding the procedure to be followed in relation to the meeting.

   (5)Subject to subsection (6), at a meeting of the council, 7 members including—

   (a)2 of the members referred to in section 14 (a); and

   (b)2 of the members referred to in section 14 (b); and

   (c)2 of the members referred to in section 14 (c);

   constitute a quorum.

   (6) A paragraph of subsection (5) shall only be taken to be satisfied if at least 1 of the members required to be present by that paragraph is not an acting member.

   (7)Questions arising at a meeting of the council shall be decided by a majority of the votes of members present and voting.

   (8)The member presiding at a meeting of the council has a deliberative vote only.

   (9)The council shall keep a record in writing of its proceedings.

9. Immunity from suit

   (1)An action, suit or proceeding does not lie against a person who is or has been a member of the council in relation to an honest act or omission in the exercise or purported exercise of a function under this Act.

   (2)Subsection (1) does not affect any liability that the Territory would, apart from that subsection, have in relation to an act or omission mentioned in that subsection.

Division 2.3               Advisory committees

1. Establishment

   (1)The council may establish the advisory committees that it considers necessary to assist in the exercise of its functions.

   (2)The council shall, when requested to do so by the Minister, constitute an advisory committee to assist it in the exercise of its functions in relation to any matter specified by the Minister about occupational health and safety.

   (3)Subject to any direction by the council, an advisory committee may decide how it is to exercise its functions.

Part 3Occupational Health and Safety Commissioner

1. Appointment of commissioner

   (1)The Executive must appoint a person to be the Occupational Health and Safety Commissioner.

   NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   (2)The commissioner must not be appointed for more than 7 years.

   NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint).

2. Functions

   (1)In addition to any other functions given to the commissioner under this Act, the commissioner has the following functions:

   (a)to promote an understanding and acceptance of, and compliance with, this Act and the associated laws;

   (b)to undertake research, and develop educational and other programs, for the purpose of promoting occupational health, safety and welfare;

   (c)to review ACT laws for the purpose of ascertaining whether any of those laws is inconsistent with this Act, and to report to the Minister on the results of the review;

   (d)when requested to do so by the Minister, to examine any proposed law for the purpose of ascertaining whether the proposed law, if enacted, would be inconsistent with this Act, and to report to the Minister on the results of the examination;

   (e)to advise the Minister on any matter relevant to the operation of this Act;

   (f)the functions (if any) that are given to the commissioner under any other Territory law.

   NoteA provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function).

   (2)In exercising a function mentioned in subsection (1) (a) to (e), neither the commissioner nor a member of the staff assisting the commissioner is subject to direction by the chief executive.

3. Resignation

   The commissioner may resign by writing given to the Minister.

4. Retirement

   The Executive may, with the consent of the commissioner, retire the commissioner on the ground of physical or mental incapacity.

5. Removal of commissioner

   (1)The Executive may remove the commissioner from office if—

   (a)an address praying for his or her removal on the ground of misbehaviour or physical or mental incapacity has been presented to the Executive by the Legislative Assembly; or

   (b)the commissioner is absent from duty, except on leave granted by the Minister, for 14 consecutive days or for 28 days in any 12 months.

   (2)The Executive must remove the commissioner from office if the commissioner becomes bankrupt or executes a personal insolvency agreement.

   (3)The commissioner must not be removed from office except as provided by this section or section 31.

6. Suspension and removal of commissioner

   (1)The Executive may suspend the commissioner from office on the ground of misbehaviour or physical or mental incapacity.

   (2)If the Executive suspends the commissioner from office, the Minister must present a statement of the grounds of the suspension to the Legislative Assembly within 7 sitting days after the suspension.

   (3)If a statement mentioned in subsection (2) is presented to the Legislative Assembly, the Legislative Assembly may, within 15 sitting days after the day the statement is presented to it, by resolution, declare that the commissioner should be removed from office.

   (4)If the Legislative Assembly passes a resolution mentioned in subsection (3), the Executive must remove the commissioner from office.

   (5)If, at the end of 15 sitting days after the day the statement is presented to it, the Legislative Assembly does not pass such a resolution, the suspension ends.

   (6)The commissioner may not be suspended from office except as provided by this section.

7. Ministerial directions

   (1)The Minister may, in writing, give directions to the commissioner in relation to the exercise of his or her functions, either generally or in relation to a particular matter.

   (2)The commissioner must comply with a direction given under subsection (1).

   (3)The Minister must present a copy of any direction under subsection (1) to the Legislative Assembly within 5 sitting days after it is given to the commissioner.

8. Staff

   The staff assisting the commissioner are to be employed under the Public Sector Management Act 1994.

9. Delegation by commissioner

   The commissioner may delegate the commissioner’s functions under a Territory law to a member of the staff assisting the commissioner.

   NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Part 4Safety duties for occupational health and safety

Division 4.1               Safety duties

1. Duties of employers in relation to employees

   (1)An employer shall take all reasonably practicable steps to protect the health, safety and welfare at work of the employer’s employees.

   (2)Without limiting subsection (1), an employer contravenes that subsection if the employer fails to take all reasonably practicable steps—

   (a)to provide and maintain a working environment (including plant and systems of work)—

   (i)that is safe for the employer’s employees and without risk to their health; and

   (ii)that provides adequate facilities for their welfare at work; or

   (b)in relation to any workplace under the employer’s control—

   (i)to ensure that the workplace is safe for the employees and without risk to their health; and

   (ii)to provide and maintain a means of access to and egress from the workplace that is safe for the employees and without risk to their health; or

   (c)to ensure the safety at work of, and the absence of risks at work to the health of, the employees in connection with the use, handling, storage or transport of plant or substances; or

   (d)to provide to the employees the information, instruction, training and supervision necessary to enable them to perform their work in a manner that is safe and without risk to their health; or

   (e)to develop and maintain a policy relating to occupational health and safety that—

   (i)enables effective cooperation between the employer and the employees in promoting and developing measures to ensure the employees’ health, safety and welfare at work; and

   (ii)provides adequate mechanisms for reviewing the effectiveness of those measures; or

   (f)to bring to the attention of the employees the measures developed as a result of the policy mentioned in subsection (2) (e) to ensure their health, safety and welfare at work; or

   (g)to take appropriate action to monitor the employees’ health and safety at work and the conditions of the workplaces under the employer’s control; or

   (h)to maintain appropriate information and records relating to the employees’ health and safety; or

   (i)to provide appropriate medical and first-aid services for the employees.

   (3)A policy of the kind referred to in subsection (2) (e) shall be developed and maintained in consultation with—

   (a)any health and safety committee established in relation to the employer’s employees; or

   (b)if no such committee exists in relation to the employer’s employees—those employees or any involved union.

   (4)In working out whether an employer has taken all reasonable steps to protect the health, safety and welfare at work of the employer’s employees, regard may be had to all relevant matters, including for example—

   (a)whether copies of codes of practice applicable to the workplace are available to employees or whether employees are given information about where copies of the codes may be inspected or obtained; and

   (b)whether the codes have been complied with.

   (5)This section does not limit section 45 (Reliance on information supplied or results of research).

2. Duties of employers in relation to third parties

   (1)An employer shall take all reasonably practicable steps to ensure that persons at or near a workplace under the employer’s control, who are not the employer’s employees, are not exposed to risk to their health or safety arising from the conduct of the employer’s undertaking.

   (2)In working out whether an employer has taken all reasonable steps to ensure that the employer has complied with subsection (1), regard may be had to all relevant matters, including for example—

   (a)whether copies of codes of practice applicable to the workplace are available to employees or whether employees are given information about where copies of the codes may be inspected or obtained; and

   (b)whether the codes have been complied with.

   (3)This section does not limit section 45 (Reliance on information supplied or results of research).

3. Duties of people in control of workplaces

   (1)A person who has, to any extent, control of—

   (a)a workplace; or

   (b)a means of access to, or egress from, a workplace; or

   (c)plant or a substance at a workplace;

   shall take all reasonably practicable steps to ensure that it is safe and without risk to health.

   (2)In working out whether an employer has taken all reasonable steps to ensure that the employer has complied with subsection (1), regard may be had to all relevant matters, including for example—

   (a)whether copies of codes of practice applicable to the workplace are available to employees or whether employees are given information about where copies of the codes may be inspected or obtained; and

   (b)whether the codes have been complied with.

   (3)This section does not limit section 45 (Reliance on information supplied or results of research).

4. Duties of employees

   (1)An employee shall, at all times while at work, take all reasonably practicable steps—

   (a)to ensure that the employee does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the health or safety of the employee, or of other persons (whether employees or not) at or near the place where the employee is at work; and

   (b)in relation to any duty or obligation imposed on the employee’s employer, or on any other person, by or under this Act—to cooperate with the employer, or that other person, to the extent necessary to enable the employer or other person to fulfil that duty or obligation; and

   (c)to use equipment, in accordance with any instructions given by the employee’s employer consistent with its safe and proper use, that is—

   (i)supplied to the employee by the employer; and

   (ii)necessary to protect the health and safety of the employee or of other persons (whether employees or not) at or near the place where the employee is at work.

   (2)Nothing in subsection (1) shall be taken to imply that the choice, or manner of use, of equipment of the kind mentioned in subsection (1) (c) is not a matter that may, consistently with this Act and the associated laws, be agreed on—

   (a)between the employer and any involved union in relation to employees of that employer; or

   (b)by a health and safety committee in relation to the employees of the employer.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

   (3)If an agreement of the kind mentioned in subsection (2) (a) (whether or not entered into before 9 April 1990) or of the kind mentioned in subsection (2) (b) provides a process for choosing equipment of a particular kind that is to be provided by the employer, action shall not be taken against an employee of the employer for failure to use equipment of that kind that is so provided, unless the equipment has been chosen in accordance with that process.

   (4)If an agreement of the kind mentioned in subsection (2) (a) (whether or not entered into before 9 April 1990) or of the kind mentioned in subsection (2) (b) provides a process for determining the manner of use of equipment of a particular kind, action shall not be taken against an employee of the employer for failure to use, in the manner required by the employer, equipment of that kind that is so provided, unless the manner has been determined in accordance with that process.

1. Duties of self-employed people

   A self-employed person shall take all reasonably practicable steps to ensure that the health and safety of other persons (other than his or her employees) are not adversely affected by work undertaken by or for the self-employed person.

2. Duties of manufacturers in relation to plant and substances

   (1)A manufacturer of any plant that the manufacturer ought reasonably to expect will be used by employees at work shall take all reasonably practicable steps—

   (a)to ensure that the plant is so designed and constructed as to be, when properly used, safe for employees and without risk to their health; and

   (b)to carry out, or cause to be carried out, the research, testing or examination necessary to discover, and to eliminate or minimise, any risk to the health or safety of employees that may arise from the use of the plant; and

   (c)to make available to an employer, in connection with the use of the plant by employees at work, adequate information about—

   (i)the use for which it was designed and tested; and

   (ii)any conditions necessary to ensure that, when put to the use for which it was designed and tested, it will be safe for employees and without risk to their health; and

   (iii)the proper maintenance of the plant.

   (2)A manufacturer of any substance that the manufacturer ought reasonably to expect will be used by employees at work shall take all reasonably practicable steps—

   (a)to ensure that the substance is so manufactured as to be, when properly used, safe for employees and without risk to their health; and

   (b)to carry out or cause to be carried out, the research, testing or examination necessary to discover, and to eliminate or minimise, any risk to the health and safety of employees that may arise from the use of the substance; and

   (c)to make available to an employer, in connection with the use of the substance by employees at work, adequate information about—

   (i)the use for which it was manufactured and tested; and

   (ii)details of its composition; and

   (iii)any conditions necessary to ensure that, when put to the use for which it was manufactured and tested, it will be safe for employees and without risk to their health; and

   (iv)the first-aid and medical procedures that should be followed if the substance causes injury.

   (3)If—

   (a)plant or a substance is brought into the ACT at any time by a person who is not the manufacturer of the plant or substance; and

   (b)at that time the manufacturer of the plant or substance does not have a place of business in the ACT;

   the firstmentioned person shall, for this section, be taken to be the manufacturer of the plant or substance.

3. Duties of suppliers in relation to plant and substances

   (1)A supplier of any plant or substance that the supplier ought reasonably to expect will be used by employees at work shall take all reasonably practicable steps—

   (a)to ensure that, at the time of supply, the plant or substance is in such condition as to be, when properly used, safe for employees and without risk to their health; and

   (b)to carry out, or cause to be carried out, the research, testing or examination necessary to discover, and to eliminate or minimise, any risk to the health or safety of employees that may arise from the condition of the plant or substance; and

   (c)to make available to an employer, in connection with the use of the plant or substance by employees at work, adequate information about—

   (i)the condition of the plant or substance at the time of the supply; and

   (ii)any risk to the health and safety of employees to which the condition of the plant or substance may give rise unless it is properly used; and

   (iii)the steps that need to be taken to eliminate such a risk; and

   (iv)for plant—the proper maintenance of the plant; and

   (v)for a substance—the first-aid and medical procedures that should be followed in the event of the substance causing injury to an employee.

   (2)For subsection (1), if a person (the ostensible supplier) supplies to an employer any plant or substance that is to be used by employees at work and the ostensible supplier—

   (a)carries on the business of financing the acquisition or the use of goods by other persons; and

   (b)has, in the course of that business, acquired an interest in the plant or substance solely for the purpose of financing its acquisition by the employer from a third person or its provision to the employer by a third person; and

   (c)has not taken possession of the plant or substance or has taken possession of the plant or substance solely for the purpose of passing possession of the plant or substance to that employer;

   the reference in subsection (1) to a supplier is, in relation to the plant or substance referred to in this subsection, a reference to the third person and not a reference to the other ostensible supplier.

4. Duties of people erecting or installing plant in workplace

   (1)A person who erects or installs any plant in a workplace for the use of employees at work shall take all reasonably practicable steps to ensure that the plant is not erected or installed in such a manner that it is unsafe for the employees who use the plant or constitutes a risk to their health.

   (2)In working out whether a person has taken all reasonably practicable steps to comply with subsection (1), regard may be had to all relevant matters, including, for example—

   (a)whether copies of codes of practice applicable to the workplace are available to employees or whether employees are given information about where copies of codes may be inspected or obtained; and

   (b)whether the codes have been complied with.

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (3)This section does not limit section 45.

5. Reliance on information supplied or results of research

   (1)Without limiting section 37 (1), section 38 or section 39, a person required under that provision to take reasonably practicable steps in relation to the use of plant or a substance shall be taken to have taken such steps in accordance with that provision, in relation to the use of any plant or substance, to the extent that—

   (a)the person ensured, as far as is reasonably practicable, that the use of the plant or substance was in accordance with—

   (i)information supplied by the manufacturer or the supplier of the plant or substance; or

   (ii)an approved code of practice;

   relating to the health and safety in the use of the plant or substance; and

   (b)it was reasonable for the person to rely on that information.

   (2)Without limiting section 42 (1) or (2) or section 43 (1), a person required under that subsection to take reasonably practicable steps in relation to the carrying out of research, testing or examination of plant or a substance, shall be taken to have taken such steps in accordance with that subsection, in relation to the carrying out of any research, testing or examination, to the extent that—

   (a)the research, testing or examination has already been carried out otherwise than by, or on behalf of, the person; and

   (b)it was reasonable for the person to rely on that research, testing or examination.

   (3)Without limiting section 44, a person required under that section to take reasonably practicable steps in relation to the erection or installation of plant in a workplace, shall be taken to have taken such steps in accordance with that section, in relation to any erection or installation of plant, to the extent that—

   (a)the person ensured, as far as is reasonably practicable, that the erection or installation was in accordance with—

   (i)information supplied by the manufacturer or the supplier of the plant; or

   (ii)an approved code of practice;

   relating to the erection or installation of the plant in a manner that ensures the health and safety of employees who use the plant; and

   (b)it was reasonable for the person to rely on that information.

Division 4.2               Failure to comply with safety duties

1. Meaning of safety duty for div 4.2

   In this division:

   safety duty means a duty under any of the following provisions:

   ·     section 37 (Duties of employers in relation to employees)

   ·     section 38 (Duties of employers in relation to third parties)

   ·     section 39 (Duties of people in control of workplaces)

   ·     section 40 (Duties of employees)

   ·     section 41 (Duties of self-employed people)

   ·     section 42 (Duties of manufacturers in relation to plant and substances)

   ·     section 43 (Duties of suppliers in relation to plant and substances)

   ·     section 44 (Duties of people erecting or installing plant in workplace).

2. Failure to comply with safety duty—general offence

   (1)A person commits an offence if—

   (a)the person is required to comply with a safety duty; and

   (b)the person fails to comply with the safety duty.

   Maximum penalty:  100 penalty units.

   (2)Absolute liability applies to subsection (1) (a).

   (3)Strict liability applies to subsection (1) (b).

3. Failure to comply with safety duty—exposing people to substantial risk of serious harm

   (1)A person commits an offence if—

   (a)the person is required to comply with a safety duty; and

   (b)the person fails to comply with the safety duty; and

   (c)the failure exposes anyone to a substantial risk of serious harm; and

   (d)the person either—

   (i)was reckless about whether the failure would expose anyone to a substantial risk of serious harm; or

   (ii)was negligent about whether the failure would expose anyone to a substantial risk of serious harm.

   Maximum penalty:  1 500 penalty units, imprisonment for 5 years or both.

   (2)Absolute liability applies to subsection (1) (a).

   (3)Strict liability applies to subsection (1) (b).

4. Failure to comply with safety duty—causing serious harm to people

   (1)A person commits an offence if—

   (a)the person is required to comply with a safety duty; and

   (b)the person fails to comply with the safety duty; and

   (c)the failure causes serious harm to anyone; and

   (d)the person either—

   (i)was reckless about whether the failure would cause serious harm to anyone; or

   (ii)was negligent about whether the failure would cause serious harm to anyone.

   Maximum penalty:  2 000 penalty units, imprisonment for 7 years or both.

   (2)Absolute liability applies to subsection (1) (a).

   (3)Strict liability applies to subsection (1) (b).

5. Alternative verdicts for failure to comply with safety duties

   (1)This section applies if, in a prosecution for an offence for a failure to comply with a safety duty, the trier of fact—

   (a)is not satisfied beyond reasonable doubt that the defendant is guilty of the offence; but

   (b)is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence.

   (2)The trier of fact may find the defendant guilty of the alternative offence, but only if the defendant has been given procedural fairness in relation to the finding of guilt.

   (3)In this section:

   alternative offence, for an offence mentioned in table 50, column 2, means an offence mentioned in table 50, column 3 for the offence.

Table 50     Alternative verdicts

column 1 item	column 2 prosecuted offence	column 3 alternative offence
1	section 48 (which is about exposing people to substantial risk of serious harm)	section 47 (Failure to comply with safety duty—general offence)
2	section 49 (which is about causing serious harm to people)	section 47 section 48

1. Beginning of prosecution in Magistrates Court

   (1)If a coroner’s inquest or inquiry is held and it appears from the coroner’s report or from proceedings at the inquest or inquiry that an offence has been committed against this part, a prosecution for the offence may be begun in the Magistrates Court at any time before the 3rd anniversary of the day the findings were recorded, or the report was made, whichever occurs later.

   (2)Subsection (1) applies to an offence against this part whether it was committed before or after the commencement of this section.

Part 5Workplace arrangements

Division 5.1               Health and safety representatives

1. Small employers not affected

   This division applies only in relation to an employer who employs 10 or more employees.

2. Work groups designated by employers

   (1)A person who becomes an employer shall—

   (a)not later than 14 days after becoming an employer; and

   (b)by notice in accordance with subsection (9);

   establish designated work groups in relation to his or her employees.

   (2)A person who, without reasonable excuse, contravenes subsection (1) commits an offence.

   Maximum penalty:  10 penalty units.

   (3)An employer may vary designated work groups by notice in accordance with subsection (9).

   (4)Designated work groups shall be so established or varied that the manner in which employees are grouped—

   (a)best and most conveniently enables the employees’ interests relating to occupational health and safety to be represented and safeguarded; and

   (b)best takes account of the need for any health and safety representative selected for a designated work group to be accessible to each employee included in the group.

   (5)In determining the manner of grouping employees in accordance with subsection (4), an employer shall have regard, in particular to—

   (a)the number of employees; and

   (b)the nature of each type of work performed by the employees; and

   (c)the number and grouping of the employees who perform the same or similar types of work; and

   (d)the workplaces, and the areas within the workplaces, where each type of work is performed; and

   (e)the nature of any risks to health and safety at the workplaces; and

   (f)any arrangements at the workplaces relating to overtime or shift work.

   (6)An employer shall not establish or vary a designated work group without consulting—

   (a)each involved union in relation to the employees; and

   (b)if there is no such involved union—such of the employees as the employer considers appropriate;

   in relation to the establishment or variation of the designated work group.

   (7)Designated work groups for employees shall be so established or varied that each of the employees is included in a designated work group.

   (8)Subject to subsections (4), (5) and (6), all of an employer’s employees may be included in 1 designated work group.

   (9) A notice establishing a designated work group under subsection (1), or varying a designated work group under subsection (3), shall—

   (a)describe the group and the employees, or the class of employees, who are included in that group; and

   (b)be displayed in each workplace under the employer’s control as will allow all of the employees in the group to be notified of its establishment or variation.

3. Work groups designated by chief executive

   (1)If an employer to whom section 53 (1) applies has failed to establish designated work groups in relation to his or her employees within the time required by that subsection, the chief executive may establish designated work groups in relation to those employees.

   (2)The chief executive may establish designated work groups instead of those established by an employer, on receipt of a written request to do so, signed by not less than 50% of the employees included in all of the groups established by the employer.

   (3)The chief executive may vary a designated work group established by an employer on receipt of a written request to do so, signed by not less than 50% of the employees included in the group.

   (4)The establishment of a designated work group under subsection (1) or (2) or the variation of a designated work group under subsection (3) shall be by written notice given to the employer concerned, describing each of the groups established or varied and the employees or class of employees who are included in that group.

   (5)In the exercise of a power under subsection (1), (2) or (3), the chief executive shall have regard to the matters specified in section 53 (5) (a) to (f) and shall consult—

   (a)each involved union in relation to the employees affected; or

   (b)if there is no such involved union—such of the employees affected as the chief executive considers appropriate.

   (6)If a designated work group is established under subsection (1) or (2) or varied under subsection (3), the employer to whom notice under subsection (4) is given shall, not later than 14 days after the date of the notice, cause a notice of the establishment or variation to be displayed at such workplaces under the employer’s control as will allow all of the employees in the group to be notified of its establishment or variation.

   (7)A person who, without reasonable excuse, contravenes subsection (6) commits an offence.

   Maximum penalty (subsection (7)):  1 penalty unit.

4. Work groups on construction sites

   (1)In this section:

   building and construction work—see the Long Service Leave (Building and Construction Industry) Act 1981.

   construction site means a workplace where building and construction work is, or is to be, performed.

   (2)If—

   (a)a person (the principal contractor) engages but does not employ another person (the subcontractor) to carry out building and construction work for the principal contractor on a construction site; and

   (b)the subcontractor employs another person (the worker) to perform that work;

   the chief executive may, on application by the principal contractor, declare that this section applies to that site.

   (3)The chief executive shall not make a declaration unless the chief executive believes on reasonable grounds—

   (a)that—

   (i)the principal contractor has, or will have, substantial control over the performance of the worker’s work on the construction site; or

   (ii)apart from an agreement between the principal contractor and the subcontractor, the principal contractor would have, or would have had, such control; and

   (b)that—

   (i)the principal contractor has, or will have, substantial control over the performance of other building and construction work on the site; or

   (ii)apart from an agreement between the principal contractor or any other subcontractor, the principal contractor would have, or would have had, such control.

   (4)An application for a declaration shall be made in writing and given to the chief executive.

   (5)A declaration under subsection (2) is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

   (6)While a declaration is in force—

   (a)division 5.1, division 5.2 and division 5.5 have effect in relation to the principal contractor and the worker—

   (i)as if a contract of employment existed between them in relation to the performance of the work by the worker on the construction site; and

   (ii)as if a reference in any provision of those divisions (other than in section 61 (3), section 64 (1) (b) and section 87 (4)) to an employer or employee were a reference to the principal contractor or worker, respectively;

   (b)section 9, section 10, section 184 and schedule 1 have effect in relation to the principal contractor and the worker as if, in relation to the performance of the work by the worker on the construction site, a reference in any of those sections or the schedule to an employer or employee included in a reference to the principal contractor or worker, respectively; and

   (c)for division 5.1 and division 5.5 (other than section 61 (3), section 64 and section 87 (4)), the subcontractor shall not be taken to be the worker’s employer in relation to the performance of the work by the worker on the construction site.

1. Selection

   (1)There shall not be more than 1 health and safety representative for a designated work group.

   (2)The health and safety representative for a designated work group shall be an employee included in the group who has been duly selected by the employees in the group to be its health and safety representative.

   (3)The regulations may make provision in relation to the selection of health and safety representatives, and if such regulations are in force, a health and safety representative shall be selected only in accordance with the regulations.

   (4)A person selected in accordance with subsection (2) as a health and safety representative for a designated work group shall have no power as a health and safety representative until the person has given the relevant employer a written notice of his or her selection.

   (5)Subsection (4) does not apply to a person selected as a health and safety representative in accordance with regulations made for subsection (3).

   (6)As soon as practicable after an employer is notified under subsection (4), the employer shall cause a notice that the person so selected is the health and safety representative for the designated work group to be displayed in a prominent place at such workplaces under the employer’s control as will allow all of the employees in the group to be notified of the selection.

   (7)A person who, without reasonable excuse, contravenes subsection (6) commits an offence.

   Maximum penalty:  1 penalty unit.

2. Objections to selection

   (1)This section has no effect if regulations made for section 56 (3) are in force.

   (2)If—

   (a)a health and safety representative (the current representative) for a designated work group holds office otherwise than because of an election conducted under this section; and

   (b)a notice of objection to the selection of the current representative, signed by—

   (i)the employer of all the employees included in the designated work group; or

   (ii)not less than 50% of the employees included in the designated work group;

   is lodged with the chief executive in accordance with subsection (3);

   the chief executive shall conduct an election of a health and safety representative to replace the current representative.

   (3)A notice of objection shall be lodged with the chief executive—

   (a)within 7 days after the day notice of the selection of the current representative was given to the employer concerned in accordance with section 56 (4); or

   (b)if the chief executive believes on reasonable grounds that the first reasonable opportunity to lodge the notice will not, or did not, arise within those 7 days—within any further period that the chief executive allows, whether before or after the end of the 7 days.

   (4)If a health and safety representative is elected at an election conducted under this section—

   (a)the chief executive shall, in writing, notify the employer concerned and the current representative of the election of the representative; and

   (b)the current representative shall cease to hold office on the date of the notice given to him or her under paragraph (a).

   (5)As soon as practicable after the employer is notified under subsection (4) (a), the employer shall cause a notice that the person so elected is the health and safety representative for the designated work group to be displayed in a prominent place at such workplaces under the employer’s control as will allow all of the employees in the group to be notified of the election.

   (6)A person who, without reasonable excuse, contravenes subsection (5) commits an offence.

   Maximum penalty:  1 penalty unit.

3. Lists of health and safety representatives

   (1)An employer shall prepare and keep up to date a list of all the health and safety representatives for designated work groups that consist of employees of the employer, and shall ensure that the list is at all reasonable times available for inspection by—

   (a)the employees; and

   (b)involved unions in relation to the designated work groups; and

   (c)inspectors.

   (2)An employer who, without reasonable excuse, contravenes subsection (1) commits an offence.

   Maximum penalty:  1 penalty unit.

4. Powers

   For the purpose of promoting or ensuring the health and safety of employees in a designated work group at any workplace where work is performed for the relevant employer by some or all of those employees, the health and safety representative for the group may—

   (a)inspect the whole or any part of such a workplace if—

   (i)there has, in the immediate past, been an accident or a dangerous occurrence at the workplace; or

   (ii)the health and safety representative believes on reasonable grounds that there is an immediate threat of an accident or dangerous occurrence at the workplace; or

   (iii)the health and safety representative has given the employer reasonable notice of the inspection; and

   (b)accompany an inspector during any inspection of the workplace by the inspector (whether or not the inspection is conducted as a result of a request made by the health and safety representative); and

   (c)if there is no health and safety committee in relation to the employer’s employees—represent the employees in the group in consultations with the employer about the development, implementation and review of measures to ensure the health and safety at work of the employees in the group; and

   (d)if there is a health and safety committee in relation to the employer’s employees—examine any of the records of that committee; and

   (e)investigate complaints made by any of the employees in the group to the health and safety representative about the health and safety of any of the employees at work; and

   (f)with the consent of the employee concerned, be present at any interview, about health and safety at work, between an employee in the group and—

   (i)an inspector; or

   (ii)the employer or a person representing the employer; and

   (g)subject to section 60, obtain access to any information under the employer’s control relating to risks to health and safety of any employee—

   (i)at any workplace under the employer’s control; or

   (ii)arising from the conduct by the employer of an undertaking or from plant or substances used for the purposes of the undertaking; and

   (h)subject to section 60, obtain access to any information under the employer’s control relating to the health and safety of any of the employer’s employees.

5. Access to information

   A health and safety representative is not entitled to obtain access to—

   (a)information in relation to which an employer is entitled to claim, and does claim, legal professional privilege; or

   (b)information of a confidential medical nature relating to a person who is or was an employee of an employer unless—

   (i)the person has given the employer a written authority permitting the health and safety representative to have access to the information; or

   (ii)the information is in a form that does not identify the person or enable the identity of the person to be discovered.

6. Duties of employers

   (1)The employer of the employees included in a designated work group for which there is a health and safety representative shall—

   (a)on being requested to do so by the representative, consult the representative on the implementation of changes at any workplace where some or all of the employees in the group perform work for the employer, if the changes may affect the health or safety at work of the employees; and

   (b)in relation to a workplace where some or all of the employees perform work for the employer—

   (i)permit the health and safety representative to make the inspection of the workplace that the representative is entitled to make in accordance with section 59 (1) (a), and to accompany an inspector during any inspection of the workplace by the inspector; and

   (ii)if there is no health and safety committee in relation to the employer’s employees at the workplace—on being requested to do so by the health and safety representative, consult with the representative about the development, implementation and review of measures to ensure the health and safety at work of those employees; and

   (c)permit the health and safety representative to be present at any interview where the representative is entitled to be present under section 59 (1) (f); and

   (d)permit the health and safety representative, on request, to have access to information to which the representative is entitled under section 59 (1) (g) or (h); and

   (e)permit the representative to take the time off work, without loss of remuneration or other entitlements, that is necessary and reasonable to exercise the powers of a health and safety representative; and

   (f)permit the representative to take the time off work, without loss of remuneration or other entitlements, that is necessary and reasonable to allow the representative to undertake a training program approved under the regulations; and

   (g)permit the health and safety representative to have access to the facilities—

   (i)that are prescribed for this paragraph; or

   (ii)to which access is necessary and reasonable for the purposes of exercising the representative’s powers.

   Maximum penalty:  50 penalty units.

   (2)An employer shall not permit a health and safety representative to have access to information of a confidential medical nature under the control of the employer, being information relating to a person who is or was an employee of the employer, unless—

   (a)the person has given to the employer a written authority permitting the representative to have access to the information; or

   (b)the information is in a form that does not identify the person or enable the identity of the person to be discovered.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (3)If—

   (a)a declaration under section 55 is in force in relation to a construction site; and

   (b)a worker to whom the declaration relates is the health and safety representative for a designated work group established in relation to employees on site;

   the subcontractor who employs the worker shall permit the worker to take the time off work, without loss of remuneration or other entitlements, that is necessary and reasonable to exercise the powers of a health and safety representative.

   Maximum penalty:  10 penalty units.

7. Term of office

   (1)Subject to this division, a health and safety representative for a designated work group holds office for the period, not longer than 2 years, that is determined by the employees who are, from time to time, included in the group.

   (2)A person who ceases to hold office as a health and safety representative under this section is eligible for reselection.

8. Resignation etc

   (1)A person shall cease to be the health and safety representative for a designated work group if—

   (a)the person resigns as the health and safety representative; or

   (b)the person ceases to be an employee included in the designated work group; or

   (c)the person is disqualified under section 64.

   (2)A person may resign as the health and safety representative for a designated work group by written notice given to the relevant employer.

9. Disqualification

   (1)The chief executive may, on application by—

   (a)the employer of the employees in a designated work group; or

   (b)if a declaration under section 55 is in force in relation to a construction site—any employer who is a subcontractor to whom the declaration relates; or

   (c)any involved union in relation to a designated work group; or

   (d)if there is no involved union in relation to a designated work group—any employee in the group;

   disqualify the health and safety representative for the group for a specified period, not longer than 5 years, from being a health and safety representative for any designated work group.

   (2)An application referred to in subsection (1) shall be in writing setting out the grounds on which the disqualification is sought.

   (3)The chief executive shall not disqualify a health and safety representative unless the chief executive believes on reasonable grounds that—

   (a)action taken by the representative in the exercise or purported exercise of his or her powers under this Act was taken—

   (i)with the intention of causing harm to the employer or to an undertaking of the employer; or

   (ii)unreasonably, capriciously or otherwise than for the purpose for which the power was given to the representative; or

   (b)the representative has intentionally used, or disclosed to another person, for a purpose that is not connected with the exercise of a power of a health and safety representative, information acquired from an employer.

   (4)For the purpose of exercising the power under subsection (1), the chief executive shall have regard to—

   (a)the harm (if any) that was caused to the employer or to an undertaking of the employer as a result of the action of the representative; and

   (b)the past record of the representative in exercising the powers of a health and safety representative; and

   (c)the effect (if any) on the public interest of the action of the representative; and

   (d)any other matters the chief executive considers relevant.

   (5)If the chief executive disqualifies a health and safety representative, the chief executive shall take all reasonably practicable steps to give written notice of the disqualification to the representative.

10. Liability

    No civil or criminal proceedings lie against a health and safety representative in relation to any honest act or omission in connection with the representative’s functions under this Act.

11. Deputy health and safety representatives

    (1)One deputy health and safety representative may be selected for each designated work group for which a health and safety representative has been selected.

    (2)A deputy health and safety representative shall be selected in the same way as a health and safety representative.

    (3)If the health and safety representative for a designated work group ceases to be the health and safety representative or is unable (because of absence or for any other reason) to exercise the powers of a health and safety representative—

    (a)the powers may be exercised by the deputy health and safety representative (if any) for the group; and

    (b)this Act (other than this section) applies in relation to the deputy accordingly.

    NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

    (4)The employer of the employees included in a designated work group for which there is a deputy health and safety representative shall permit the deputy to take the time off work, without loss of remuneration or other entitlements, that is necessary and reasonable to allow the representative to undertake a training program approved under the regulations.

Division 5.2               Provisional improvement notices

1. Issue

   (1)If a health and safety representative for a designated work group believes on reasonable grounds that a person (the responsible person)—

   (a)is contravening a provision of this Act; or

   (b)is likely to contravene a provision of this Act;

   being a contravention that affects, or that the health and safety representative believes on reasonable grounds is likely to affect, 1 or more employees included in the group, the representative may, by written notice given to the responsible person, require that person to rectify the matters or activities occasioning the contravention or likely contravention.

   (2)A health and safety representative shall not give a provisional improvement notice to a person unless the representative believes on reasonable grounds that—

   (a)the representative has taken all reasonably practicable steps to consult with the responsible person about rectification by that person of the matters or activities occasioning the contravention or likely contravention; and

   (b)any further such steps are unlikely to result in the rectification of those matters or activities.

   (3)A health and safety representative shall not issue a provisional improvement notice in relation to any matter that is the subject of an improvement notice or a prohibition notice.

   (4)A provisional improvement notice shall—

   (a)specify the contravention that the health and safety representative believes is occurring or is likely to occur, and set out the reasons for that belief; and

   (b)specify a period of not less than 7 days beginning on the day after the day when the notice is issued (being a period that is, in the representative’s opinion, reasonable) within which the responsible person is to rectify the matters or activities to which the notice relates.

   (5)Notwithstanding subsection (4) (b), a provisional improvement notice that relates to a matter in the building and construction industry may be so expressed as to require the responsible person to rectify the matters or activities to which the notice relates within the 24 hours beginning when the notice is given personally to the responsible person.

   (6)In subsection (5):

   building and construction industry—see the Long Service Leave (Building and Construction Industry) Act 1981.

   (7)A provisional improvement notice may specify action that the responsible person is to take during the period specified in the notice.

   (8)If the health and safety representative gives a provisional improvement notice to the responsible person, the representative must—

   (a)give a copy of the notice to the chief executive; and

   (b)if the responsible person is an employee and the notice is given to the person in relation to work performed by the person for an employer—take all reasonably practicable steps to give a copy of the notice to the employer.

   Maximum penalty: 1 penalty unit.

   (9)The responsible person or, if the responsible person is an employee mentioned in subsection (8) (b), the employer must give a copy of the provisional improvement notice to each of the following people:

   (a)if the notice relates to something that affects workplaces where people not employed by the employer work—each other employer of employees at each affected workplace;

   (b)if the notice relates to premises—

   (i)each owner of the premises; and

   (ii)if the premises are leased—the lessor and lessee of the premises; and

   (iii)anyone else with a right of immediate possession to the premises;

   (c)if the notice relates to plant or a substance or other thing and the plant or thing is hired under a hire-purchase agreement or contract of hire—the hirer of the plant or thing;

   (d)if the notice relates to plant or a substance or other thing, whether or not the thing is hired—anyone else with a right of immediate possession to the plant or thing;

   Maximum penalty:  10 penalty units.

   (10)An offence against subsection (8) or (9) is a strict liability offence.

   (11)Before the end of the period specified in a provisional improvement notice, the health and safety representative who issued the notice may, by written notice given to the responsible person, extend the period within which the person is to take action in accordance with the notice.

2. Display

   (1)If a provisional improvement notice has been given to an employer, the employer shall—

   (a)notify each employee whose work is affected by the contravention to which the notice relates of the fact of the issue of the notice; and

   (b)while the notice remains in force—cause a copy to be displayed in a prominent place at or near each workplace where the work to which the notice relates is usually performed.

   (2)A person who, without reasonable excuse, contravenes subsection (1) commits an offence.

   Maximum penalty:  10 penalty units.

s 75Oins 2001 No 21 s 9

om A2004-29 s 18

Extension of time to dispute liability

s 75Pins 2001 No 21 s 9

om A2004-29 s 18

Procedure if liability disputed

s 75Qins 2001 No 21 s 9

om A2004-29 s 18

Issue of notices of noncompliance

s 75Rins 2001 No 21 s 9

om A2004-29 s 18

Report about notices of noncompliance

s 75Sins 2001 No 21 s 9

om A2004-29 s 18

Power of delegation

s 75Tins 2001 No 21 s 9

om A2004-29 s 18

Evidentiary certificates

s 75Uins 2001 No 21 s 9

om A2004-29 s 18

Disqualification of authorised representatives

s 76orig s 76 renum as s 145

(prev s 57C) ins A2004-29 s 16

renum R16 LA (see A2004-29 amdt 1.16)

Giving improvement notices

s 76Arenum as s 146

Contents of improvement notices

s 76Brenum as s 147

Scope of improvement notices

s 76Crenum as s 148

Extension of time for compliance with improvement notices

s 76Drenum as s 149

Notification and display of improvement notices

s 76Erenum as s 150

Improvement notice not to be removed etc

s 76Frenum as s 151

Revocation of improvement notice on compliance

s 76Grenum as s 152

Contravention of improvement notices

s 76Hrenum as s 153

Entry to workplaces by authorised representatives

s 77orig s 77 renum as s 154

(prev s 57D) ins A2004-29 s 16

renum R16 LA (see A2004-29 amdt 1.16)

Giving prohibition notices

s 77Arenum as s 155

Contents of prohibition notices

s 77Brenum as s 156

Scope of prohibition notices

s 77Crenum as s 157

Extension of time for inspection etc

s 77Drenum as s 158

Notification and display of prohibition notices

s 77Erenum as s 159

Prohibition notice not to be removed etc

s 77Frenum as s 160

Ending of prohibition notices for contravention of Act etc

s 77Grenum as s 161

Request for reinspection

s 77Hrenum as s 162

Revocation on reinspection

s 77Irenum as s 163

Ending of prohibition notices given for inspection etc

s 77Jrenum as s 164

Contravention of prohibition notices

s 77Krenum as s 165

Request for compensation for prohibition notice

s 77Lrenum as s 166

Compensation for prohibition notice

s 77Mrenum as s 167

Notice of entry by authorised representative

s 78orig s 78 renum as s 168

(prev s 57E) ins A2004-29 s 16

renum R16 LA (see A2004-29 amdt 1.16)

Making of safety undertakings

s 78Arenum as s 169

Acceptance of safety undertaking

s 78Brenum as s 170

Withdrawal from or amendment of enforceable undertaking

s 78Crenum as s 171

Term of enforceable undertaking

s 78Drenum as s 172

Safety undertaking not admission of fault etc

s 78Erenum as s 173

Contravention of enforceable undertakings

s 78Frenum as s 174

Production of authorised representative’s authorisation

s 79orig s 79 renum as s 175

(prev s 57F) ins A2004-29 s 16

renum R16 LA (see A2004-29 amdt 1.16)

Enforcement of injunctions

s 79Arenum as s 176

Amendment or discharge of injunctions

s 79Brenum as s 177

Interim injunctions—undertakings about damages

s 79Crenum as s 178

Magistrates Court’s other powers not limited

s 79Drenum as s 179

Powers available to authorised representative on entry

s 80orig s 80 renum as s 180

(prev s 57G) ins A2004-29 s 16

renum R16 LA (see A2004-29 amdt 1.16)

Constitution

s 80Arenum as s 181

Disclosure of interest

s 80Brenum as s 182

Meaning of inspector in div 7.2

s 80Cins 1994 No 97 sch pt 1

am 1999 No 82 sch

om A2004-29 s 20

Damage etc to be minimised by authorised representative

s 81orig s 81 renum as s 183

(prev s 57H) ins A2004-29 s 16

renum R16 LA (see A2004-29 amdt 1.16)

Compensation for exercise of function by authorised representative

s 82orig s 82 renum as s 184

(prev s 57I) ins A2004-29 s 16

renum R16 LA (see A2004-29 amdt 1.16)

Authorised representative to tell occupier about findings

s 83orig s 83 renum as s 185

(prev s 57J) ins A2004-29 s 16

renum R16 LA (see A2004-29 amdt 1.16)

Internal review

s 83Arenum as s 186

Pretending to be authorised representative

s 84orig s 84 renum as s 187

(prev s 57K) ins A2004-29 s 16

renum R16 LA (see A2004-29 amdt 1.16)

Parties to proceedings before review authority

s 84Arenum as s 188

Representation before review authority

s 84Brenum as s 189

Notice of proceeding

s 84Crenum as s 190

Procedure of review authority

s 84Drenum as s 191

Hearings to be in public except in special circumstances

s 84Erenum as s 192

Reference of questions of law to Supreme Court

s 84Frenum as s 193

Appeals to the Supreme Court

s 84Grenum as s 194

Powers of review authority

s 84Hrenum as s 195

Inspection and keeping of documents

s 84Jrenum as s 196

Failure to attend etc

s 84Krenum as s 197

Contempt

s 84Mrenum as s 198

False information

s 84Nins 1991 No 11 s 9

am 1994 No 81 sch

om A2004-15 amdt 2.130

Operation and implementation of a decision that is subject to appeal

s 84Prenum as s 199

Protection of review authority etc

s 84Qrenum as s 200

Inspectors

s 84Rorig s 84R ins 1991 No 11 s 9

om 1997 No 44 s 7

prev s 84R renum as s 201

Identity cards

s 84Srenum as s 202

Protection of officials from liability

s 84Trenum as s 203

Obstructing etc authorised representative

s 85orig s 85 renum as s 204

(prev s 57L) ins A2004-29 s 16

renum R16 LA (see A2004-29 amdt 1.16)

Health and safety committee

div 5.5 hdgorig div 5.5 hdg renum as div 6.5 hdg

(prev pt 4 div 4 hdg) renum R9 LA

(prev div 4.4 hdg) renum R16 LA (see A2004-29 amdt 1.16)

Functions

s 86orig s 86 renum as s 205

(prev s 58) renum R16 LA (see A2004-29 amdt 1.16)

am A2007-37 amdt 1.7, amdt 1.8

Duties of employers

s 87orig s 87 renum as s 206

(prev s 59) am 1994 No 81 sch

renum R16 LA (see A2004-29 amdt 1.16)

Liability

s 88orig s 88 renum as s 207

(prev s 60) am 2001 No 44 amdt 1.3035

renum R16 LA (see A2004-29 amdt 1.16)

sub A2007-37 amdt 1.9

Infringements notices for certain offences

pt 5A hdgins 2001 No 21 s 9

om A2004-29 s 18

Interpretation

div 5A.1 hdg         ins 2001 No 21 s 9

om A2004-29 s 18

Service of documents generally

div 5A.2 hdg         ins 2001 No 21 s 9

om A2004-29 s 18

Infringement and reminder notices

div 5A.3 hdg         ins 2001 No 21 s 9

om A2004-29 s 18

Disputing liability

div 5A.4 hdg         ins 2001 No 21 s 9

om A2004-29 s 18

Miscellaneous

div 5A.5 hdg         ins 2001 No 21 s 9

om A2004-29 s 18

Enforcement powers

pt 6 hdgorig pt 6 hdg renum as pt 7 hdg

(prev pt 5 hdg) sub A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

General

div 6.1 hdgorig div 6.1 hdg renum as div 7.1 hdg

(prev pt 5 div 1 hdg) renum R9 LA

(prev div 5.1 hdg) sub A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Definitions for pt 6

s 89orig s 89 renum as s 208

(prev s 61) sub A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

def connected ins A2004-29 s 17

def data ins A2004-29 s 17

def data storage device ins A2004-29 s 17

def offence ins A2004-29 s 17

def person assisting ins A2004-29 s 17

def search warrant ins A2004-29 s 17

General powers of inspectors

div 6.2 hdgorig div 6.2 hdg renum as div 7.2 hdg

(prev pt 5 div 2 hdg) renum R9 LA

(prev div 5.2 hdg) sub A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

General power of inspectors to enter premises

s 90orig s 90 am 1994 No 81 sch

om A2004-29 s 23

(prev s 62) am 2001 No 44 amdt 1.3035

sub A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Production of identity card by inspectors

s 91orig s 91 renum as s 209

(prev s 62A) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Consent to entry by inspectors

s 92orig s 92 renum as s 210

(prev s 62B) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

General powers of inspectors for premises

s 93orig s 93 renum as s 211

(prev s 62C) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Notices of noncompliance by Territory entities

s 93Arenum as s 212

Electronic service

s 93Brenum as s 213

Publication by chief executive of convictions etc

s 93Crenum as s 214

Court-directed publicity for offences

s 93Drenum as s 215

Remedial orders by courts for offences

s 93Erenum as s 216

Court may order costs and expenses

s 93Frenum as s 217

Presumptions about substances

s 93Grenum as s 218

Evidence of analysts

s 93Hrenum as s 219

Power of court to order further analysis

s 93Irenum as s 220

Appointment of authorised analysts

s 93Jrenum as s 221

General powers of inspectors for public places

s 94orig s 94 renum as s 222

(prev s 62D) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Contravention of requirement by inspector

s 95orig s 95 renum as s 223

(prev s 62E) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Power of inspectors to take action to prevent etc imminent risk

s 96orig s 96 renum as s 224

(prev s 62F) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Determination of fees

s 96Arenum as s 225

Approved forms

s 96Borig s 96B renum as s 96C

prev s 96B renum as s 226

Commissioner’s annual report

s 96Corig s 96C renum as s 96D

prev s 96C (prev s 96B) renum as s 227

Quarterly reports

s 96Dprev s 96D (prev s 96C) renum as 228

Report about action under s 96

s 97orig s 97 renum as s 229

(prev s 62G) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Review of Act

s 97Arenum as s 230

Recovery of Territory’s costs for action under s 96

s 98orig s 98 renum as s 231

(prev s 62H) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Power of entry etc in relation to dangerous occurrences

s 99orig s 99 renum as s 232

(prev s 62I) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Power of inspectors to seize things

s 100orig s 100 renum as s 233

(prev s 62J) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Action by inspector in relation to seized thing

s 101orig s 101 renum as s 234

(prev s 62K) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Power of inspectors to destroy unsafe things

s 102orig s 102 renum as s 235

(prev s 62L) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Power of inspectors to require name and address

s 103orig s 103 ins 1999 No 82 s 14

om A2004-29 s 26

(prev s 62M) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Power of inspectors to require production of authorisation

s 104orig s 104 ins 1999 No 82 s 14

om A2004-29 s 26

(prev s 62N) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Search warrants

div 6.3 hdgorig div 6.3 hdg renum as div 7.3 hdg

(prev div 5.3 hdg) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Warrants generally

s 105orig s 105 ins 1999 No 82 s 14

om A2004-29 s 26

(prev s 63) sub A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Warrants—application made other than in person

s 106orig s 106 ins 1999 No 82 s 14

om A2004-29 s 26

(prev s 63A) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Search warrants—announcement before entry

s 107orig s 107 ins 1999 No 82 s 14

om A2004-29 s 26

(prev s 63B) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Details of search warrant to be given to occupier etc

s 108orig s 108 ins 1999 No 82 s 14

om A2004-29 s 26

(prev s 63C) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Occupier entitled to be present during search etc

s 109(prev s 63D) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Moving things to another place for examination or processing under search warrant

s 110(prev s 63E) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Use of electronic equipment under search warrant

s 111(prev s 63F) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Person with knowledge of computer systems to assist access etc under search warrant

s 112(prev s 63G) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Securing electronic equipment under search warrant

s 113(prev s 63H) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Copies of things seized under search warrant to be provided

s 114(prev s 63I) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Return and forfeiture of things seized

div 6.4 hdgorig div 6.4 hdg renum as div 7.4 hdg

(prev div 5.4 hdg) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Receipt for things seized

s 115(prev s 64) sub A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Access to things seized

s 116(prev s 64A) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Return of things seized

s 117(prev s 64B) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

am A2005-20 amdt 3.322

Application for order disallowing seizure

s 118(prev s 64C) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Order for return of seized thing

s 119(prev s 64D) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Adjournment pending hearing of other proceedings

s 120(prev s 64E) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Forfeiture of seized things

s 121(prev s 64F) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Return of forfeited things

s 122(prev s 64G) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Cost of disposal of things forfeited

s 123(prev s 64H) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Taking and analysis of samples

div 6.5 hdgorig div 6.5 hdg renum as div 7.5 hdg

(prev div 5.5 hdg) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Inspector may buy samples without complying with div 6.5

s 124(prev s 65) am 2001 No 44 amdt 1.3035

sub A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Occupier etc to be told sample to be analysed

s 125(prev s 65A) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Payment for samples

s 126(prev s 65B) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Samples from packaged substances

s 127(prev s 65C) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Procedures for dividing samples

s 128(prev s 65D) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Exceptions to s 128

s 129(prev s 65E) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Certificates of analysis by authorised analysts

s 130(prev s 65F) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Other enforcement provisions

div 6.6 hdgorig div 6.6 hdg renum as div 7.6 hdg

(prev div 5.6 hdg) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Damage etc by inspectors to be minimised

s 131 hdg(prev s 67 hdg) sub A2004-15 amdt 2.128

renum R16 LA (see A2004-29 amdt 1.16)

s 131(prev s 67) am 1994 No 81 sch; 2001 No 44 amdt 1.3035; A2004-15 amdt 2.129

sub A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Compensation for exercise of function by inspector

s 132(prev s 67A) ins A2004-29 s 17

renum R16 LA (see A2004-29 amdt 1.16)

Compliance measures

pt 7 hdgorig pt 7 hdg renum as pt 8 hdg

(prev pt 6 hdg) sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Interpretation for pt 7

div 7.1 hdgorig div 7.1 renum as div 8.1

(prev div 6.1 hdg) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Meaning of responsible person for pt 7

s 133(prev s 75) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Information and documents

div 7.2 hdgorig div 7.2 hdg renum as div 8.2 hdg

(prev div 6.2 hdg) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Chief executive may require answers to questions and production of documents

s 134(prev s 75A) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Compliance with notice to produce

s 135(prev s 75B) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Failure to attend before chief executive or produce documents

s 136(prev s 75C) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Attendance before chief executive—offences

s 137(prev s 75D) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Privileges against selfincrimination and exposure to civil penalties

s 138(prev s 75E) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Compliance agreements

div 7.3 hdgorig div 7.3 hdg renum as div 8.3 hdg

(prev div 6.3 hdg) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Meaning of relevant responsible person for div 7.3

s 139(prev s 75F) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Inspector may seek compliance agreement

s 140(prev s 75G) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Term of compliance agreement

s 141(prev s 75H) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Compliance agreement not admission of fault etc

s 142(prev s 75I) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Notification and display of compliance agreements

s 143(prev s 75J) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

am A2005-20 amdt 3.323

Compliance agreement not to be removed etc

s 144(prev s 75K) ins 2001 No 21 s 9

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Improvement notices

div 7.4 hdg(prev div 6.4 hdg) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Meaning of relevant responsible person for div 7.4

s 145(prev s 76) am 1994 No 81 sch; 2001 No 44 amdt 1.3035

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Giving improvement notices

s 146(prev s 76A) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Contents of improvement notices

s 147(prev s 76B) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Scope of improvement notices

s 148(prev s 76C) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Extension of time for compliance with improvement notices

s 149(prev s 76D) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Notification and display of improvement notices

s 150(prev s 76E) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

am A2005-20 amdt 3.324

Improvement notice not to be removed etc

s 151(prev s 76F) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Revocation of improvement notice on compliance

s 152(prev s 76G) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Contravention of improvement notices

s 153(prev s 76H) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Prohibition notices

div 7.5 hdg(prev div 6.5 hdg) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Definitions for div 7.5

s 154(prev s 77) am 1998 No 54; 2001 No 44 amdt 1.3035

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

def basis sub A2005-20 amdt 1.11

Giving prohibition notices

s 155(prev s 77A) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

sub A2005-20 amdt 1.12

Contents of prohibition notices

s 156(prev s 77B) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

am A2005-20 amdt 1.13, amdt 1.14

Scope of prohibition notices

s 157(prev s 77C) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Extension of time for inspection etc

s 158(prev s 77D) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

am A2005-20 amdt 1.15

Notification and display of prohibition notices

s 159(prev s 77E) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Prohibition notice not to be removed etc

s 160(prev s 77F) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Ending of prohibition notices for contravention of Act etc

s 161(prev s 77G) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

am A2005-20 amdt 1.16

Request for reinspection

s 162(prev s 77H) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

am A2005-20 amdt 1.17; A2007-37 s 16

Revocation on reinspection

s 163(prev s 77I) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

am A2007-37 s 16

Ending of prohibition notices given for inspection etc

s 164(prev s 77J) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

am A2005-20 amdt 1.18

Contravention of prohibition notices

s 165(prev s 77K) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Request for compensation for prohibition notice

s 166(prev s 77L) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Compensation for prohibition notice

s 167(prev s 77M) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Enforceable undertakings

div 7.6 hdg(prev div 6.6 hdg) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Definitions for div 7.6

s 168(prev s 78) am 1994 No 81 sch

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Making of safety undertakings

s 169(prev s 78A) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Acceptance of safety undertaking

s 170(prev s 78B) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Withdrawal from or amendment of enforceable undertaking

s 171(prev s 78C) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Term of enforceable undertaking

s 172(prev s 78D) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Safety undertaking not admission of fault etc

s 173(prev s 78E) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Contravention of enforceable undertakings

s 174(prev s 78F) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Injunctions

div 7.7 hdg(prev div 6.7 hdg) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Injunctions to restrain offences against Act

s 175(prev s 79) am 1994 No 81 sch

sub A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

am A2005-53 amdt 1.120

Enforcement of injunctions

s 176(prev s 79A) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Amendment or discharge of injunctions

s 177(prev s 79B) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Interim injunctions—undertakings about damages

s 178(prev s 79C) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Magistrates Court’s other powers not limited

s 179(prev s 79D) ins A2004-29 s 19

renum R16 LA (see A2004-29 amdt 1.16)

Administration

pt 7A hdgrenum as pt 8 hdg

Review of decisions

pt 8 hdgorig pt 8 hdg renum as pt 10 hdg

(prev pt 7 hdg) renum R16 LA (see A2004-29 amdt 1.16)

Review authority

div 8.1 hdg(prev pt 7 div 1 hdg) ins 1991 No 11 s 7

renum R9 LA

(prev div 7.1 hdg) renum R16 LA (see A2004-29 amdt 1.16)

Establishment

s 180(prev s 80) sub 1991 No 11 s 7

renum R16 LA (see A2004-29 amdt 1.16)

Constitution

s 181(prev s 80A) ins 1991 No 11 s 7

renum R16 LA (see A2004-29 amdt 1.16)

Disclosure of interest

s 182(prev s 80B) ins 1991 No 11 s 7

renum R16 LA (see A2004-29 amdt 1.16)

Reconsideration and review of decisions

div 8.2 hdg(prev pt 7 div 2 hdg) ins 1991 No 11 s 7

renum R9 LA

(prev div 7.2 hdg) renum R16 LA (see A2004-29 amdt 1.16)

Meaning of inspector in div 8.2

s 183(prev s 81) am 1999 No 82 sch

sub A2004-29 s 20

renum R16 LA (see A2004-29 amdt 1.16)

om A2007-37 s 7

Internally reviewable decisions, reviewable decisions and eligible people

s 184(prev s 82) am 1999 No 82 sch

sub A2004-29 s 20

renum R16 LA (see A2004-29 amdt 1.16)

am A2007-37 s 8

Applications for internal review

s 185(prev s 83) am 1999 No 82 sch

sub A2004-29 s 21

renum R16 LA (see A2004-29 amdt 1.16)

am A2007-37 s 16

Internal review

s 186(prev s 83A) ins A2004-29 s 21

renum R16 LA (see A2004-29 amdt 1.16)

am A2007-37 s 16; A2008-37 amdt 1.333

Review of decisions

s 187(prev s 84) am 1991 No 11 s 8; 1997 No 44 s 6; 2001 No 44 amdt 1.3017

renum R16 LA (see A2004-29 amdt 1.16)

Parties to proceedings before review authority

s 188(prev s 84A) ins 1991 No 11 s 9

renum R16 LA (see A2004-29 amdt 1.16)

Representation before review authority

s 189(prev s 84B) ins 1991 No 11 s 9

renum R16 LA (see A2004-29 amdt 1.16)

Notice of proceeding

s 190(prev s 84C) ins 1991 No 11 s 9

renum R16 LA (see A2004-29 amdt 1.16)

Procedure of review authority

s 191(prev s 84D) ins 1991 No 11 s 9

renum R16 LA (see A2004-29 amdt 1.16)

Hearings to be in public except in special circumstances

s 192(prev s 84E) ins 1991 No 11 s 9

am 1994 No 81

renum R16 LA (see A2004-29 amdt 1.16)

Reference of questions of law to Supreme Court

s 193(prev s 84F) ins 1991 No 11 s 9

renum R16 LA (see A2004-29 amdt 1.16)

Appeals from review authority to Supreme Court

s 194(prev s 84G) ins 1991 No 11 s 9

am 1993 No 91; 1995 No 46

renum R16 LA (see A2004-29 amdt 1.16)

sub A2006-40 amdt 2.166

Miscellaneous

div 8.3 hdg(prev pt 7 div 3 hdg) ins 1991 No 11 s 9

renum R9 LA

(prev div 7.3 hdg) renum R16 LA (see A2004-29 amdt 1.16)

Powers of review authority

s 195(prev s 84H) ins 1991 No 11 s 9

renum R16 LA (see A2004-29 amdt 1.16)

am A2005-53 amdt 1.121; pars renum A2005-53 amdt 1.122

Inspection and keeping of documents

s 196(prev s 84J) ins 1991 No 11 s 9

am 1995 No 46 sch

renum R16 LA (see A2004-29 amdt 1.16)

Application of Criminal Code, ch 7

s 197(prev s 84K) ins 1991 No 11 s 9

am 1994 No 81 sch

renum R16 LA (see A2004-29 amdt 1.16)

sub A2005-53 amdt 1.123

Contempt

s 198(prev s 84M) ins 1991 No 11 s 9

am 1994 No 81 sch

renum R16 LA (see A2004-29 amdt 1.16)

om A2005-53 amdt 1.123

Operation and implementation of a decision that is subject to appeal

s 199(prev s 84P) ins 1991 No 11 s 9

am 1999 No 66 sch 3

renum R16 LA (see A2004-29 amdt 1.16)

om A2006-40 amdt 2.167

Protection of review authority etc

s 200(prev s 84Q) ins 1991 No 11 s 9

am 1997 No 96 sch 1

renum R16 LA (see A2004-29 amdt 1.16)

Administration

pt 9 hdgorig pt 9 hdg renum as pt 11 hdg

(prev pt 7A hdg) ins A2004-29 s 22

renum R16 LA (see A2004-29 amdt 1.16)

Inspectors

s 201(prev s 84R) ins A2004-29 s 22

renum R16 LA (see A2004-29 amdt 1.16)

am A2007-37 s 9

Identity cards

s 202(prev s 84S) ins A2004-29 s 22

renum R16 LA (see A2004-29 amdt 1.16)

am A2007-37 s 10; ss renum R27 LA

Protection of officials from liability

s 203(prev s 84T) ins A2004-29 s 22

renum R16 LA (see A2004-29 amdt 1.16)

Ministerial directions to chief executive

s 203Ains A2007-37 s 11

Miscellaneous

pt 10 hdg(prev pt 8 hdg) renum R16 LA (see A2004-29 amdt 1.16)

Notice of events

s 204(prev s 85) am 1991 No 11 s 10; 1994 No 81 sch; 1999 No 82 sch; 2001 No 44 amdts 1.3018-1.3020

renum R16 LA (see A2004-29 amdt 1.16)

am A2007-37 s 16

Records of accidents etc

s 205(prev s 86) am 1994 No 81 sch; 1999 No 82 sch

renum R16 LA (see A2004-29 amdt 1.16)

am A2007-37 s 16

Codes of practice

s 206(prev s 87) am 1999 No 82 sch; 2001 No 21 s 10; 2001 No 44 amdt 3021

renum R16 LA (see A2004-29 amdt 1.16)

am A2007-37 s 16

Protected information

s 207(prev s 88) am 1994 No 81 sch; 2001 No 44 amdt 1.3035

renum R16 LA (see A2004-29 amdt 1.16)

Interfering with safety equipment

s 208(prev s 89) am 1994 No 81 sch

renum R16 LA (see A2004-29 amdt 1.16)

Employer not to levy employees

s 209(prev s 91) am 1994 No 81 sch; 2001 No 44 amdt 1.3035

renum R16 LA (see A2004-29 amdt 1.16)

Employer not to discriminate

s 210(prev s 92) am 1994 No 81 sch; R16 LA

renum R16 LA (see A2004-29 amdt 1.16)

Acts and omissions of representatives

s 211(prev s 93) am 2001 No 44 amdt 1.3035; 2002 No 11 amdt 2.75; 2002 No 51 amdt 1.28

sub A2004-15 amdt 1.36

renum R16 LA (see A2004-29 amdt 1.16)

Notices of noncompliance by Territory entities

s 212(prev s 93A) ins A2004-29 s 24

renum R16 LA (see A2004-29 amdt 1.16)

Electronic service

s 213(prev s 93B) ins A2004-29 s 24

renum R16 LA (see A2004-29 amdt 1.16)

Publication by chief executive of convictions etc

s 214(prev s 93C) ins A2004-29 s 24

renum R16 LA (see A2004-29 amdt 1.16)

Court-directed publicity for offences

s 215(prev s 93D) ins A2004-29 s 24

renum R16 LA (see A2004-29 amdt 1.16)

Remedial orders by courts for offences

s 216(prev s 93E) ins A2004-29 s 24

renum R16 LA (see A2004-29 amdt 1.16)

Court may order costs and expenses

s 217(prev s 93F) ins A2004-29 s 24

renum R16 LA (see A2004-29 amdt 1.16)

Presumptions about substances

s 218(prev s 93G) ins A2004-29 s 24

renum R16 LA (see A2004-29 amdt 1.16)

Evidence of analysts

s 219(prev s 93H) ins A2004-29 s 24

renum R16 LA (see A2004-29 amdt 1.16)

Power of court to order further analysis

s 220(prev s 93I) ins A2004-29 s 24

renum R16 LA (see A2004-29 amdt 1.16)

Appointment of authorised analysts

s 221(prev s 93J) ins A2004-29 s 24

renum R16 LA (see A2004-29 amdt 1.16)

Contracting out prohibited

s 222(prev s 94) am 2001 No 44 amdt 1.3035

renum R16 LA (see A2004-29 amdt 1.16)

Civil liability not affected

s 223(prev s 95) am 2001 No 44 amdt 1.3035

renum R16 LA (see A2004-29 amdt 1.16)

Inconsistency with associated laws

s 224(prev s 96) am 1999 No 82 s 12; 2001 No 44 amdt 1.3022, amdt 1.3023, amd 1.3035

renum R16 LA (see A2004-29 amdt 1.16)

Determination of fees

s 225(prev s 96A) ins 1997 No 44 s 8

sub 2001 No 44 amdt 1.3024

renum R16 LA (see A2004-29 amdt 1.16)

Approved forms

s 226(prev s 96B) ins 2001 No 44 amdt 1.3026

(4)-(7) exp 12 September 2002 (s 96B (7))

renum R16 LA (see A2004-29 amdt 1.16)

Chief executive’s annual report

s 227(prev s 96B) ins 1999 No 82 s 13

am 2000 No 80 amdt 3.17

renum as s 96C 2001 No 44 amdt 1.3025

sub A2004-9 amdt 1.32

renum as s 227 R16 LA (see A2004-29 amdt 1.16)

sub A2007-37 s 12

Additional reports by chief executive

s 227Ains A2007-37 s 12

Commissioner’s half-yearly reports

s 228(prev s 96C) ins 1999 No 82 s 13

renum as s 96D 2001 No 44 amdt 1.3025

renum as s 228 R16 LA (see A2004-29 amdt 1.16)

sub A2007-37 s 13

Regulation-making power

s 229(prev s 97) am 1991 No 11 s 11; 1994 No 81 sch; 1995 No 46 sch; 1997 No 44 s 9; 2001 No 44 amdts 1.3027-1.3034; pars renum R9 LA

renum R16 LA (see A2004-29 amdt 1.16)

Review of Act

s 230(prev s 97A) ins A2004-29 s 25

renum R16 LA (see A2004-29 amdt 1.16)

sub A2005-38 s 6

exp 30 June 2008 (s 230 (5))

Transitional

pt 11 hdg(prev pt 9 hdg) ins 1999 No 82 s 14

sub A2004-29 s 26

renum R16 LA (see A2004-29 amdt 1.16)

exp 5 February 2005 (s 235)

Definitions for pt 11

s 231(prev s 98) ins 1999 No 82 s 14

sub A2004-29 s 26

renum R16 LA (see A2004-29 amdt 1.16)

exp 5 February 2005 (s 235)

Improvement notices

s 232(prev s 99) ins 1999 No 82 s 14

sub A2004-29 s 26

renum R16 LA (see A2004-29 amdt 1.16)

exp 5 February 2005 (s 235)

Prohibition notices

s 233(prev s 100) ins 1999 No 82 s 14

sub A2004-29 s 26

renum R16 LA (see A2004-29 amdt 1.16)

exp 5 February 2005 (s 235)

Modification of pt 11’s operation

s 234(prev s 101) ins 1999 No 82 s 14

sub A2004-29 s 26

renum R16 LA (see A2004-29 amdt 1.16)

exp 5 February 2005 (s 235)

Expiry of pt 11

s 235(prev s 102) ins 1999 No 82 s 14

sub A2004-29 s 26

renum R16 LA (see A2004-29 amdt 1.16)

exp 5 February 2005 (s 235)

Appeal rights

sch 1 hdg(prev sch hdg) renum R9 LA

sch 1am 1999 No 82 s 15; pts renum R9 LA

sub A2004-29 s 27

am A2007-37 s 14

Dictionary

dictins A2004-29 s 28

defs reloc from s 5 A2004-29 amdt 1.6

am A2008-37 amdt 1.334

def alleged contravention ins A2004-29 s 28

def analysis ins A2004-29 s 28

def appointed member ins 1999 No 82 s 4

reloc from s 5 A2004-29 amdt 1.6

def approved code of practice sub 2001 No 44 amdt 1.2998

reloc from s 5 A2004-29 amdt 1.6

def associated law am 1994 No 97 sch pt 1; 1997 No 44 s 4 (a) (never commenced and rep 2001 No 11 pt 4.3); 1997 No 44 s 4 (b); 1999 No 66 sch 3

sub 1999 No 82 s 4

am 2001 No 11 amdt 3.189, amdt 3.190; A2004-7 amdt 1.6; pars renum R13 LA (see A2004-7 amdt 1.7)

reloc from s 5 A2004-29 amdt 1.6

am A2005-56 amdt 1.6; pars renum A2005-56 amdt 1.7; A2006-4 amdt 2.2 (as am by A2007-3 amdt 3.562)

def at ins A2004-29 s 28

def authorised analyst ins A2004-29 s 28

def authorised representative ins A2004-29 s 28

def basis ins A2004-29 s 28

def chair ins A2007-31 s 20

def chairperson reloc from s 5 A2004-29 amdt 1.6

om A2007-31 s 20

def commission ins 1991 No 11 s 3

reloc from s 5 A2004-29 amdt 1.6

def commissioner ins 1999 No 82 s 4

reloc from s 5 A2004-29 amdt 1.6

def compliance agreement ins A2004-29 s 28

def connected ins A2004-29 s 28

def council reloc from s 5 A2004-29 amdt 1.6

def dangerous occurrence reloc from s 5 A2004-29 amdt 1.6

def data ins A2004-29 s 28

def data storage device ins A2004-29 s 28

def deputy chair ins A2007-31 s 21

def deputy chairperson reloc from s 5 A2004-29 amdt 1.6

om A2007-31 s 21

def designated work group sub 1999 No 82 s 4

am A2004-29 amdt 1.4

reloc from s 5 A2004-29 amdt 1.6

def eligible person ins A2004-29 s 28

def employee reloc from s 5 A2004-29 amdt 1.6

def employer reloc from s 5 A2004-29 amdt 1.6

def enforceable undertaking ins A2004-29 s 28

def examine ins A2004-29 s 28

def hazard ins A2004-29 s 28

def health and safety committee reloc from s 5 A2004-29 amdt 1.6

def health and safety representative am 1991 No 11 s 3

reloc from s 5 A2004-29 amdt 1.6

def improvement notice reloc from s 5 A2004-29 amdt 1.6

om R16 LA

def improvement notice ins A2004-29 s 28

def injury reloc from s 5 A2004-29 amdt 1.6

def inspector ins A2004-29 s 28

sub A2007-37 s 15

def internally reviewable decision ins A2004-29 s 28

def involved union reloc from s 5 A2004-29 amdt 1.6

am A2007-37 amdt 1.10

def occupier ins A2004-29 s 28

def offence ins A2004-29 s 28

def office ins A2004-29 s 28

def person assisting ins A2004-29 s 28

def plant ins A2004-29 s 28

def premises reloc from s 5 A2004-29 amdt 1.6

def president ins 1991 No 11 s 3

reloc from s 5 A2004-29 amdt 1.6

def prohibition notice ins A2004-29 s 28

def provisional improvement notice reloc from s 5 A2004-29 amdt 1.6

def registered organisation ins A2004-29 s 28

def relevant person ins A2004-29 s 28

def relevant responsible person ins A2004-29 s 28

def responsible person ins A2004-29 s 28

def reviewable decision ins A2004-29 s 28

def review authority ins 1991 No 11 s 3

reloc from s 5 A2004-29 amdt 1.6

def risk ins A2004-29 s 28

def safety duty ins A2004-29 s 28

def safety undertaking ins A2004-29 s 28

def search warrant ins A2004-29 s 28

def self-employed person reloc from s 5 A2004-29 amdt 1.6

def serious harm ins A2004-29 s 28

def substance ins A2004-29 s 28

def vehicle ins A2004-29 s 28

def work reloc from s 5 A2004-29 amdt 1.6

def workplace reloc from s 5 A2004-29 amdt 1.6

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 31 Mar 1992	3 Apr 1991– 30 June 1993	A1991-11	new Act and amendments by A1991-11
R1 (RI) 17 June 2008	3 Apr 1991– 30 June 1993	A1991-11	reissue of printed version
R1A 17 June 2008	1 July 1993– 26 Aug 1993	A1992-58	amendments by A1992-58
R2 31 Oct 1993	27 Aug 1993– 16 Dec 1993	A1993-44	amendments by A1993-44
R2 (RI) 17 June 2008	27 Aug 1993– 16 Dec 1993	A1993-44	reissue of printed version
R2A 17 June 2008	17 Dec 1993– 30 June 1994	A1993-91	amendments by A1993-91
R3 31 July 1994	1 July 1994– 28 Nov 1994	A1994-38	amendments by A1994-38
R3 (RI) 17 June 2008	1 July 1994– 28 Nov 1994	A1994-38	reissue of printed version
R3A 17 June 2008	29 Nov 1994– 14 Dec 1994	A1994-81	amendments by A1994-81
R4 28 Feb 1995	15 Dec 1994– 4 Sept 1995	A1994-97	amendments by A1994-97
R4 (RI) 17 June 2008	15 Dec 1994– 4 Sept 1995	A1994-97	reissue of printed version
R4A 17 June 2008	5 Sept 1995– 17 Dec 1995	A1995-25	amendments by A1995-25
R5 31 Jan 1996	18 Dec 1995– 30 Apr 1996	A1995-46	amendments by A1995-46
R5 (RI) 17 June 2008	18 Dec 1995– 30 Apr 1996	A1995-46	reissue of printed version
R6 30 Nov 1996	30 Nov 1996– 18 Sept 1997	A1996-12	amendments by A1996-12
R6 (RI) 17 June 2008	30 Nov 1996– 18 Sept 1997	A1996-12	reissue of printed version
R6A 17 June 2008	23 Sept 1997– 31 May 1998	A1997-44	amendments by A1997-41 and A1997-44
R7 31 Dec 1998	31 Dec 1998– 5 Nov 1999	A1998-54	amendments by A1997-96 and A1998-54
R7 (RI) 17 June 2008	31 Dec 1998– 5 Nov 1999	A1998-54	reissue of printed version
R7A 17 June 2008	10 Nov 1999– 22 June 2000	A1999-66	amendments by A1999-24 and A1999-66
R8 1 Aug 2000	23 June 2000– 1 Nov 2000	A2000-20	amendments by A1999-82 and A2000-20
R8 (RI) 17 June 2008	23 June 2000– 1 Nov 2000	A2000-20	reissue of printed version and includes retrospective amendments by A2000-80
R8A 17 June 2008	2 Nov 2000– 28 Mar 2001	A2000-62	amendments by A2000-62 and includes retrospective amendments by A2000-80
R8B 17 June 2008	29 Mar 2001– 11 Sept 2001	A2001-11	amendments by A2001-11
R9 10 Dec 2001	19 Oct 2001– 27 May 2002	A2001-44	amendments by A2001-21 and A2001-44
R10 29 May 2002	28 May 2002– 12 Sept 2002	A2002-11	amendments by A2002-11
R11 13 Sept 2002	13 Sept 2002– 31 Dec 2002	A2002-11	commenced expiry
R12 1 Jan 2003	1 Jan 2003– 4 Apr 2004	A2002-51	amendments by A2002-51
R12 (RI) 13 Feb 2003	1 Jan 2003– 4 Apr 2004	A2002-51	reissue for retrospective amendments by A2002-49
R13 5 Apr 2004	5 Apr 2004– 8 Apr 2004	A2004-7	amendments by A2004-7
R14 9 Apr 2004	9 Apr 2004– 12 Apr 2004	A2004-15	amendments by A2004-15
R15 13 Apr 2004	13 Apr 2004– 4 Aug 2004	A2004-15	amendments by A2004-9
R16* 5 Aug 2004	5 Aug 2004– 31 Dec 2004	A2004-29	amendments by A2004-29 and general renumbering
R17 1 Jan 2005	1 Jan 2005– 5 Feb 2005	A2004-29	amendments by A2004-29
R18 6 Feb 2005	6 Feb 2005– 1 June 2005	A2004-29	commenced expiry
R19 2 June 2005	2 June 2005– 30 Aug 2005	A2005-20	amendments by A2005-20
R20 31 Aug 2005	31 Aug 2005– 22 Nov 2005	A2005-38	amendments by A2005-38
R21 23 Nov 2005	23 Nov 2005– 23 Nov 2005	A2005-53	amendments by A2005-53
R22 24 Nov 2005	24 Nov 2005– 30 June 2006	A2005-56	amendments by A2005-56
R23 1 July 2006	1 July 2006– 28 Sept 2006	A2006-30	amendments by A2006-4 and A2006-30
R24 29 Sept 2006	29 Sept 2006– 21 Mar 2007	A2006-40	amendments by A2006-40
R25* 22 Mar 2007	22 Mar 2007– 24 Oct 2007	A2007-3	amendments by A2006-4 as amended by A2007-3
R26 25 Oct 2007	25 Oct 2007– 22 Nov 2007	A2007-31	amendments by A2007-31
R27 23 Nov 2007	23 Nov 2007– 30 June 2008	A2007-37	amendments by A2007-37
R28 1 July 2008	1 July 2008– 1 February 2009	A2007-37	commenced expiry
R29* 2 Feb 2009	2 Feb 2009– 30 Sept 2009	A2008-37	amendments by A2008-37

1. Renumbered provisions

   This Act was renumbered under the Legislation Act 2001, in R16 (see Occupational Health and Safety Amendment Act 2004 A2004-29 amdt 1.16).  Details of renumbered provisions are shown in endnote 4 (Amendment history).  For a table showing the renumbered provisions, see R24.

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