Occupational Health and Safety (Commonwealth Employment) Act 1991 Amendment Regulations 2001 (No. 1) (Cth)

Occupational Health and Safety (Commonwealth Employment) Act 1991 Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 692

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Public Employment (Consequential and Transitional) Amendment Act 1999.

Dated 5 April 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

DAVID KEMP

Minister for Education, Training and Youth Affairs

for the Prime Minister

1Name of Regulations

 These Regulations are the Occupational Health and Safety (Commonwealth Employment) Act 1991 Amendment Regulations 2001 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Occupational Health and Safety (Commonwealth Employment) Act 1991

 Schedule 1 amends the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Schedule 1Amendments

  

(regulation 3)

[1]Subsection 5 (1), definition of annual report

substitute

annual report, in relation to an Entity or a Commonwealth authority, means its annual report (if any) to the responsible Minister relating to its activities, operations, business or affairs.

[2]Subsection 5 (1), definition of Department

omit

[3]Subsection 5 (1), after definition of employing authority

insert

Entity means:

• (a)

  an Agency, within the meaning of the Public Service Act 1999, that is not a Commonwealth authority; or

• (b)

  a Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or

• (c)

  a person, body, organisation or group of persons prescribed for this paragraph.

[4]Subsection 5 (1), after definition of principal officer

insert

principal officer, in relation to an Entity, means:

• (a)

  if the Entity is an Agency that is not a Commonwealth authority — the Agency Head within the meaning of the Public Service Act 1999; or

• (b)

  if the Entity is a Parliamentary Department — the Secretary of the Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or

• (c)

  if the Entity is a person, body, organisation or group of persons prescribed for paragraph (c) of the definition of Entity — the person prescribed as the principal officer.

[5]Subsection 5 (1), definition of Secretary

omit

[6]Subsection 67A (1)

omit

with the Secretary of a Department, or with the principal officer of a Commonwealth authority,

insert

with the principal officer of an Entity or a Commonwealth authority

[7]Subsection 67D (1)

omit

The Secretary to a Department, or the principal officer of a Commonwealth authority,

insert

The principal officer of an Entity or a Commonwealth authority

[8]Subsection 67E (1)

omit

the Secretary to the Department, or the principal officer of the Commonwealth authority,

insert

the principal officer of the Entity or the Commonwealth authority

[9]Subsection 67E (2)

omit each mention of

Secretary or

[10]Paragraph 67E (4) (b)

omit

the Secretary to the Department, or the principal officer of the Commonwealth authority,

insert

the principal officer of the Entity or the Commonwealth authority

[11]Paragraph 67F (1) (b)

omit

the Secretary to the Department, or the principal officer of the authority,

insert

the principal officer of the Entity or the Commonwealth authority

[12]Subsection 67F (1)

omit

Secretary or

[13]Paragraph 67H (1) (a)

omit

the Secretary to the Department, or the principal officer of the authority,

insert

the principal officer of the Entity or the authority

[14]Further amendments

 

Provision	omit	insert
Subsection 5 (1), definition of employing authority, subparagraph (a) (ii)	the Secretary of the Department	the principal officer of the Entity
Paragraph 5 (2) (a)	a particular Department	a particular Entity
Paragraph 5 (2) (a)	that Department;	that Entity;
Paragraph 5 (2) (c)	the Department	the Entity
Subsection 41 (3)	a Department or Commonwealth authority,	an Entity or a Commonwealth authority,
Subsection 41 (4)	the Secretary of the Department,	the principal officer of the Entity,
Paragraph 41 (4) (a)	the Department	the Entity
Paragraph 43 (1) (a)	the Secretary of a Department	the principal officer of an Entity
Paragraph 43 (1) (b)	a Secretary	a principal officer
Paragraphs 67A (1) (a) and (b) and subsection 67B (1)	Department	Entity
Subsection 67B (2)	a Department	an Entity
Section 67C	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Paragraphs 67C (b), (c) and (d)	Department	Entity
Subsection 67D (1)	the Department	the Entity
Paragraph 67F (1) (a)	a Department	an Entity
Subsection 67H (1)	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Paragraph 67H (1) (b), subsection 67J (1) and paragraphs 74 (1) (a), (c), (d) and (e)	Department	Entity
Paragraph 74 (2) (b)	the Department or a Department,	the Entity or an Entity,

Notes

1. These Regulations amend Act No. 30, 1991, as amended by Act Nos. 7 (as amended by No. 95, 1992), 95 and 196 (as amended by No. 60, 1993; No. 168, 1994), 1992; Nos. 54 (as amended by No. 43, 1996), 88 and 109, 1993; No. 64, 1994; No. 109 (as amended by No. 92, 1994), 1988; Nos. 136 and 161, 1995; No. 60 (as amended by No. 77, 1996), 1996; Nos. 67, 96, 152 and 177, 1997; Nos. 146 and 161, 1999; Nos. 9 and 137, 2000.

2. Notified in the Commonwealth of Australia Gazette