Occupational Health and Safety Amendment (Sentencing Guidelines) Regulation 2003 (NSW)

2003 No 205

New South Wales

Occupational Health and Safety

Amendment (Sentencing Guidelines)

Regulation 2003

under the

Occupational Health and Safety Act 2000

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Occupational Health and Safety Act 2000.

JOHN DELLA BOSCA, M.L.C.,

Special Minister of State

Explanatory note
The object of this Regulation is to make a transitional provision making it clear that offences under the former Occupational Health and Safety Act 1983 may be taken into account by the Full Bench of the Industrial Relations Commission in Court Session in issuing sentencing guidelines for offences under the Occupational Health and Safety Act 2000.

This Regulation is made under the Occupational Health and Safety Act 2000, including section 33 (the general regulation-making power) and clause 1 of Schedule 3.

Published in Gazette No 54 of 28 February 2003, page 3542	Page 1
2003 No 205	Occupational Health and Safety Amendment (Sentencing Guidelines)
Clause 1	Regulation 2003

Occupational Health and Safety Amendment

(Sentencing Guidelines) Regulation 2003

under the

Occupational Health and Safety Act 2000

1      Name of Regulation

This Regulation is the Occupational Health and Safety Amendment
(Sentencing Guidelines) Regulation 2003.

2 Amendment of Occupational Health and Safety Regulation 2001

The Occupational Health and Safety Regulation 2001 is amended as set out in Schedule 1.

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Occupational Health and Safety Amendment (Sentencing Guidelines)	2003 No 205
Regulation 2003
Amendment	Schedule 1
Schedule 1 Amendment

(Clause 2)

Clause 361

Insert after clause 360:

361      Transitional application of sentencing guideline provisions

(1)	This clause applies to guideline proceedings under Division 4 of Part 7 of the Act relating to offences under the Act.
(2)	Nothing in this clause limits any jurisdiction or discretion of the Full Bench under Division 4 of Part 7 of the Act.
(3)	In exercising its powers and jurisdiction to give a guideline judgment relating to an offence under the Act, the Full Bench may, if the provision creating the offence substantially re- enacts a provision of the former Act creating an offence (the corresponding offence), consider matters relating to the corresponding offence.

BY AUTHORITY

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