Resources Safety and Health Legislation Amendment Act 2024 (Qld)

The Parliament of Queensland enacts—

Part 1    Preliminary

1   Short title

This Act may be cited as the Resources Safety and Health Legislation Amendment Act 2024.

2   Commencement

(1)The following provisions commence on the day that is 5 years after the commencement under subsection (3) of section 25—

(a)section 26(2), (3) and (4);

(b)section 27(1);

(c)section 100, to the extent it inserts new section 332.

(2)Section 29(3) commences on the day that is 5 years after the commencement under subsection (3) of section 29(2).

(3)The remaining provisions of this Act commence on a day to be fixed by proclamation.

Part 2    Amendment of Coal Mining Safety and Health Act 1999

3   Act amended

This part amends the Coal Mining Safety and Health Act 1999.

4   Amendment of s 9 (Meaning of coal mine)

(1)Section 9(1)(b), ‘, adjacent to, or contiguous with,’—
omit, insert—

or adjacent to

(2)Section 9(2), ‘, adjacent to, or contiguous with’—
omit, insert—

or adjacent to

5   Replacement of s 26 (Meaning of supervisor)

Section 26—
omit, insert—

26   Meaning of supervisor

A supervisor at a coal mine is a person appointed under section 56 to—

(a)implement and monitor the coal mine’s safety and health management system; and

(b)give directions to other coal mine workers at the coal mine in accordance with the safety and health management system.

6   Amendment of s 30 (How is an acceptable level of risk achieved)

(1)Section 30(2)—
insert—

(ca)provide for critical controls; and

(2)Section 30(2)(ca) to (f)—
renumber as section 30(2)(d) to (g).

7   Amendment of s 33 (Obligations for safety and health)

(1)Section 33(2)—
insert—

(fa)a designer, constructor or erector of earthworks at a coal mine;

(2)Section 33(2)(h)—
omit.

(3)Section 33(2)(fa) and (g)—
renumber as section 33(2)(g) and (h).

8   Replacement of s 39 (Obligations of persons generally)

Section 39—
omit, insert—

39   Obligations of persons generally

(1)This section applies to each of the following persons who may affect the safety and health of others at a coal mine or as a result of coal mining operations at a coal mine—

(a)a coal mine worker at the coal mine;

(b)another person at the coal mine;

(c)an ROC worker for the coal mine;

(d)another person not located at the coal mine.

(2)The person has the following obligations—

(a)to comply with this Act and procedures applying to the person that are part of the safety and health management system for the mine;

(b)if the person has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from the risk of injury or illness—to give the information to the other persons;

(c)to take any other reasonable and necessary course of action to ensure no-one is exposed to an unacceptable level of risk.

39A   Additional obligations

(1)This section applies to each of the following persons—

(a)a coal mine worker at a coal mine;

(b)another person at a coal mine;

(c)an ROC worker for a coal mine.

(2)The person has the following additional obligations—

(a)to work or carry out the person’s activities in a way that does not expose the person or someone else to an unacceptable level of risk;

(b)to ensure, to the extent of the responsibilities and duties allocated to the person, that the work and activities under the person’s control, supervision, or leadership is conducted in a way that does not expose the person or someone else to an unacceptable level of risk;

(c)to the extent of the person’s involvement—to participate in and conform to the risk management practices of the mine;

(d)to comply with instructions given for safety and health of persons by the coal mine operator or site senior executive for the mine or a supervisor at the mine;

(e)to work at or for the coal mine only if the person is in a fit condition to carry out the work without affecting the safety and health of others;

(f)not to do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine.

9   Amendment of s 41 (Obligations of coal mine operators)

(1)Section 41(1)—
insert—

(da)to ensure the site senior executive, or acting site senior executive, for the coal mine is located at or near the coal mine when performing the duties of the site senior executive unless—

(i)the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or

(ii)the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;

(2)Section 41(1)(da) to (g)—
renumber as section 41(1)(e) to (h).

10   Amendment of s 42 (Obligations of site senior executive for coal mine)

(1)Section 42(c), from ‘, including’ to ‘providers’—
omit, insert—

including contractors

(2)Section 42(d), ‘at the mine information’—
omit, insert—

for the mine information

(3)Section 42(d)(i)—
omit, insert—

(i)identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and

(4)Section 42(e)—
omit.

(5)Section 42(f), from ‘contractors’ to ‘47’—
omit, insert—

contractors

(6)Section 42(h), after ‘worker at the mine’—
insert—

, or an operational ROC worker for the mine,

(7)Section 42(i)—
insert—

(va)the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and

(8)Section 42(i)(vi), ‘and service providers’—
omit.

(9)Section 42(i)(va) and (vi)—
renumber as section 42(i)(vi) and (vii).

(10)Section 42(f) to (i)—
renumber as section 42(e) to (h).

11   Amendment of s 43 (Obligations of contractors)

(1)Section 43(1), ‘at a coal mine’—
omit, insert—

for a coal mine

(2)Section 43(1)(a), (b) and (d), ‘undertaken’—
omit, insert—

performed, service provided, or work or service arranged,

(3)Section 43(1)(c), ‘undertakes work’—
omit, insert—

performs work, provides a service, or arranges work or a service,

(4)Section 43(1)(e)—
omit, insert—

(e)if the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor—

(i)has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and

(ii)has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;

(f)to ensure no work at the mine is performed by a coal mine worker engaged by the contractor, or a coal mine worker arranged by the contractor to perform work or provide a service, until the worker—

(i)has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and

(ii)has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;

(g)to ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor.

(5)Section 43(2), definition safety and health management plan, paragraph (a)—
omit, insert—

(a)identifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and

12   Amendment of s 44 (Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines)

(1)Section 44(4)(b)(iii)—
omit, insert—

(iii)the name of each coal mine operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and

(2)Section 44(4)(b)(iv), ‘, contractors and service providers’—
omit, insert—

and contractors

(3)Section 44(6), ‘to a contractor or service provider’—
omit, insert—

to a contractor

(4)Section 44(6), ‘, contractor or service provider’—
omit, insert—

or contractor

13   Amendment of s 46 (Obligations of manufacturers, importers and suppliers of substances for use at coal mines)

(1)Section 46(2)(b)(iii)—
omit, insert—

(iii)the name of each coal mine operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and

(2)Section 46(2)(b)(iv), ‘, contractors and service providers’ —
omit, insert—

and contractors

(3)Section 46(4), ‘, contractor or service provider’ —
omit, insert—

or contractor

14   Omission of s 47 (Obligations of service providers)

Section 47—
omit.

15   Amendment of s 47A (Obligation of officers of corporations)

(1)Section 47A(3)(b) and (d), ‘and risks’—
omit, insert—

, risks and critical controls

(2)Section 47A(3)(f), example, ‘section 41(1)(f)’—
omit, insert—

section 41(1)(g)

16   Amendment of s 48A (Definitions for part)

Section 48A(1), definition employer—
omit, insert—

employer, for a coal mine, means—

(a)a person who employs or otherwise engages a coal mine worker for the coal mine; or

(b)a person who arranges for a coal mine worker to work for the coal mine, including for example, a labour hire agency; or

(c)the coal mine operator for the coal mine; or

(d)the holder for the coal mine.

17   Amendment of s 49 (Notices by holder)

Section 49(1) and (3), ‘inspector located in’—
omit, insert—

inspector for

18   Amendment of s 50 (Notices by coal mine operator)

(1)Section 50(3), ‘inspector located in’—
omit, insert—

inspector for

(2)Section 50—
insert—

(4)If coal mining operations permanently stop at the coal mine, the coal mine operator must, within 28 days after the operations permanently stop, give the inspector for the region in which the coal mine is situated notice of the date on which the operations permanently stopped.

Maximum penalty—100 penalty units.

19   Insertion of new pt 4, div 2, sdiv 1, hdg

Before section 53—
insert—

Subdivision 1 General

20   Amendment of s 54 (Limitations on appointment of site senior executive)

Section 54(4)—
omit, insert—

(4)A coal mine operator must not appoint a person to be site senior executive for a coal mine unless the person holds—

(a)for an underground mine—

(i)a site senior executive notice; and

(ii)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i); or

(b)for all or part of a surface mine—

(i)a site senior executive notice; and

(ii)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i).

Maximum penalty—500 penalty units.

21   Amendment of s 55 (Management structure for safe operations at coal mines)

(1)Section 55(2)(ca), ‘and service providers’—
omit.

(2)Section 55(2)(ca) and (d)—
renumber as section 55(2)(d) and (e).

(3)Section 55(4), ‘subsection (2)(d)’—
omit, insert—

subsection (2)(e)

22   Replacement of s 56 (Competencies of supervisors)

Section 56—
omit, insert—

56   Appointment of supervisors

(1)A site senior executive for a coal mine must appoint 1 or more persons to be a supervisor at the mine.

(2)The site senior executive must not appoint a person under subsection (1) unless the person—

(a)is competent to be a supervisor; and

(b)if there is a safety and health competency for supervisors recognised by the committee—has the relevant competency.

Maximum penalty—100 penalty units.

23   Amendment of s 57 (Acting site senior executive)

(1)Section 57—
insert—

(3A)A coal mine operator must not appoint a person to act as site senior executive for a coal mine or a separate part of a surface mine under subsection (2) or (3) unless the person holds—

(a)a site senior executive notice; and

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

Maximum penalty—500 penalty units.

(2)Section 57(5), ‘that ends 12 weeks or less after’—
omit, insert—

of not more than 12 weeks starting on

(3)Section 57(6) and (7), ‘subsection (5)’—
omit, insert—

subsection (6)

(4)Section 57(3A) to (9)—
renumber as section 57(4) to (10).

24   Amendment of s 58 (Other appointments during absences)

(1)Section 58(3)—
insert—

(ba)any other person appointed under subdivision 2; or

(2)Section 58(3)(c), ‘or (10)’—
omit, insert—

, (10) or (11)

(3)Section 58(3)(ba) to (d)—
renumber as section 58(3)(c) to (e).

25   Insertion of new pt 4, div 2, sdiv 2, hdg and ss 58A and 58B

Before section 59—
insert—

Subdivision 2 Surface mines

58A   Additional requirements for management of surface mines

(1)This section applies to a surface mine or a separate part of a surface mine (each the mine).

(2)However, this section does not apply to the mine if the only activities at the mine are—

(a)exploration activities under an exploration permit, mineral development licence or mining lease; or

(b)rehabilitation after coal mining operations.

(3)The site senior executive must appoint a person to be surface mine manager for the mine to control and manage the mine.

Maximum penalty—400 penalty units.

(4)Despite subsection (3), the site senior executive may be appointed surface mine manager for the mine but only by the coal mine operator for the mine.

(5)The site senior executive or coal mine operator must not appoint a person as surface mine manager for the mine unless the person holds both of the following board qualifications—

(a)a surface mine manager’s certificate of competency;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

Maximum penalty—400 penalty units.

(6)The site senior executive or coal mine operator may appoint a person as surface mine manager for more than 1 mine at the same time only with the written approval of the chief inspector.

Maximum penalty—200 penalty units.

(7)The site senior executive or coal mine operator may appoint more than 1 person as the surface mine manager for the mine to assume the duties of the manager at different times.

(8)A person must not give a direction to the surface mine manager for the mine about a technical matter in relation to the mine unless the person holds both of the following board qualifications—

(a)a surface mine manager’s certificate of competency;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

Maximum penalty—200 penalty units.

(9)A person must not give a direction to the surface mine manager for the mine that may adversely affect safety and health at the mine.

Maximum penalty—200 penalty units.

(10)The surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as electrical engineering manager to control and manage the electrical engineering activities of the mine—

(a)an electrical engineering manager’s certificate of competency for a surface mine;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

Maximum penalty—200 penalty units.

(11)The surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as mechanical engineering manager to control and manage the mechanical engineering activities of the mine—

(a)a mechanical engineering manager’s certificate of competency for a surface mine;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

Maximum penalty—200 penalty units.

(12)The surface mine manager for the mine may appoint more than 1 person as the electrical engineering manager under subsection (10), or the mechanical engineering manager under subsection (11), to assume the duties of the manager at different times.

(13)The coal mine operator for the mine must ensure that a site senior executive required to appoint a person under subsection (3), or a surface mine manager required to appoint a person under subsection (10) or (11), appoints a person under the subsection only if the person is an employee of—

(a)for an appointment under subsection (3)—

(i)the coal mine operator; or

(ii)an associated entity of the coal mine operator; or

(iii)an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or

(b)for an appointment under subsection (10) or (11)—

(i)the coal mine operator; or

(ii)an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.

Maximum penalty—500 penalty units.

58B   Acting managers of surface mines

(1)This section applies if—

(a)a person (the appointer) has appointed another person (the appointee) under section 58A(3), (10) or (11); and

(b)the appointee—

(i)vacates office; or

(ii)is temporarily absent from duty.

(2)If subsection (1)(b)(i) applies, the appointer may appoint a person to act in the office of the appointee during the vacancy.

(3)If subsection (1)(b)(ii) applies, the appointer must appoint a person to act in the office of the appointee during the absence.

Maximum penalty—40 penalty units.

(4)The coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) acts in the office of the appointee for a period of not more than 12 weeks starting on the day the appointee—

(a)vacated office; or

(b)was first temporarily absent from duty.

Maximum penalty—500 penalty units.

(5)However, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of—

(a)for an appointment to act in an office under section 58A(3)—

(i)the coal mine operator for the mine; or

(ii)an associated entity of the coal mine operator; or

(iii)an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or

(b)for an appointment to act in an office under section 58A(10) or (11)—

(i)the coal mine operator for the mine; or

(ii)an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.

(6)The coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) meets the competency requirement for the appointment.

Maximum penalty—

(a)for an appointment to act in an office under section 58A(3)—400 penalty units; or

(b)for an appointment to act in an office under section 58A(10) or (11)—200 penalty units.

(7)The appointer is taken to comply with the requirement to appoint a person to the office under section 58A(3), (10) or (11) for the period of an appointment under subsection (2) or (3).

(8)In this section—

competency requirement, for an appointment under subsection (2) or (3), means—

(a)for an appointment to act in an office under section 58A(3)—holding both of the board qualifications mentioned in section 58A(5); or

(b)for an appointment to act in an office under section 58A(10)—holding both of the board qualifications mentioned in section 58A(10); or

(c)for an appointment to act in an office under section 58A(11)—holding both of the board qualifications mentioned in section 58A(11).

26   Amendment of s 59 (Appointment of open-cut examiner)

(1)Section 59(1)—
omit, insert—

(1)The site senior executive for a surface mine or a separate part of a surface mine must appoint a person holding both of the following board qualifications to be open-cut examiner for each surface mine excavation carried out at the mine or part of the mine—

(a)an open-cut examiner’s certificate of competency;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

Maximum penalty—200 penalty units.

(2)Section 59(1), as amended by subsection (1), ‘site senior executive’—
omit, insert—

surface mine manager

(3)Section 59(2), ‘site senior executive’—
omit, insert—

surface mine manager

(4)Section 59—
insert—

(3)In this section—

surface mine manager, for a surface mine or a separate part of a surface mine, means the person appointed as manager for the mine or part of the mine under section 58A(3).

27   Amendment of s 59A (Acting open-cut examiner)

(1)Section 59A(2), (3), (4) and (7), as amended by subsection (2), ‘site senior executive’—
omit, insert—

surface mine manager

(2)Section 59A(4), ‘that ends 12 weeks or less after’—
omit, insert—

of not more than 12 weeks starting on

(3)Section 59A(6), from ‘an’ to ‘competency.’—
omit, insert—

both of the following board qualifications—

(a)an open-cut examiner’s certificate of competency;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

28   Insertion of new pt 4, div 2, sdiv 3, hdg

Before section 60—
insert—

Subdivision 3 Underground mines

29   Amendment of s 60 (Additional requirements for management of underground mines)

(1)Section 60(5), from ‘a first’ to ‘mine.’—
omit, insert—

both of the following board qualifications—

(a)a first class certificate of competency for an underground mine;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

(2)Section 60(8) to (10)—
omit, insert—

(8)The underground mine manager must appoint a person holding both of the following board qualifications to be responsible for the control and management of underground activities when the manager is not in attendance at the mine—

(a)a first or second class certificate of competency or a deputy’s certificate of competency for an underground mine;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

Maximum penalty—200 penalty units.

(9)The underground mine manager must appoint a person holding both of the following board qualifications to have control of activities in 1 or more explosion risk zones—

(a)a first or second class certificate of competency or a deputy’s certificate of competency for an underground mine;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

Maximum penalty—200 penalty units.

(10)The underground mine manager must appoint a person, holding both of the following board qualifications, as electrical engineering manager to control and manage the electrical engineering activities of the mine—

(a)an electrical engineering manager’s certificate of competency for an underground mine;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

Maximum penalty—200 penalty units.

(10A)The underground mine manager must appoint a person, holding both of the following board qualifications, as mechanical engineering manager to control and manage the mechanical engineering activities of the mine—

(a)a mechanical engineering manager’s certificate of competency for an underground mine;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

Maximum penalty—200 penalty units.

(10B)The underground mine manager may appoint more than 1 person as the electrical engineering manager under subsection (10), or the mechanical engineering manager under subsection (11), to assume the duties of the manager at different times.

(3)Section 60(8)(a), as amended by subsection (2), ‘or a deputy’s certificate of competency’—
omit.

(4)Section 60(12), ‘or (10)’—
omit, insert—

, (10) or (11)

(5)Section 60(10A) to (12)—
renumber as section 60(11) to (14).

30   Amendment of s 60A (Acting managers of underground mines)

(1)Section 60A(1)(a), (5)(b), (6)(b) and (7), ‘or (10)’—
omit, insert—

, (10) or (11)

(2)Section 60A(4), ‘that is 12 weeks or less after’—
omit, insert—

of not more than 12 weeks starting on

(3)Section 60A(8), definition competency requirement—
omit, insert—

competency requirement, for an appointment under subsection (2) or (3), means—

(a)for an appointment to act in an office under section 60(2) or (4)—holding both of the board qualifications mentioned in section 60(5); or

(b)for an appointment to act in an office under section 60(8)—holding both of the board qualifications mentioned in section 60(8); or

(c)for an appointment to act in an office under section 60(9)—holding both of the board qualifications mentioned in section 60(9); or

(d)for an appointment to act in an office under section 60(10)—holding both of the board qualifications mentioned in section 60(10); or

(e)for an appointment to act in an office under section 60(11)—holding both of the board qualifications mentioned in section 60(11).

31   Amendment of s 61 (Appointment of ventilation officer)

Section 61(3), from ‘a ventilation’ to ‘competency.’—
omit, insert—

both of the following board qualifications—

(a)a ventilation officer’s certificate of competency;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

32   Amendment of s 61A (Acting ventilation officer)

(1)Section 61A(5), from ‘holds’ to ‘competency.’—
omit, insert—

holds both of the following board qualifications—

(a)a ventilation officer’s certificate of competency;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

(2)Section 61A(6), ‘that is 12 weeks or less after’—
omit, insert—

of not more than 12 weeks starting on

33   Amendment of s 62 (Safety and health management system)

(1)Section 62(3), after ‘coal mine’—
insert—

including any remote operating centre for the mine, or the remote operation of plant or equipment for the mine

(2)Section 62(5)—
insert—

(da)identifying critical controls; and

(3)Section 62(5)(da) to (g)—
renumber as section 62(5)(e) to (h).

(4)Section 62(6), after ‘at the coal mine’—
insert—

and ROC workers employed for the coal mine

(5)Section 62(7)—
omit, insert—

(7)The site senior executive must give a copy of a principal hazard management plan to each of the following persons if the person requests a copy of the plan—

(a)a coal mine worker whose work at the coal mine is affected by the requirements of the plan;

(b)an operational ROC worker for the coal mine whose work for the mine is affected by the requirements of the plan.

Maximum penalty—100 penalty units.

34   Amendment of s 63 (Principal hazard management plan)

Section 63(1)—
insert—

(c)include critical controls.

35   Amendment of s 68 (Mine record)

(1)Section 68(2), before ‘7 years’—
insert—

at least

(2)Section 68(4)—
omit, insert—

(4)The coal mine operator must ensure the mine record is available for inspection by each of the following persons—

(a)coal mine workers at the coal mine;

(b)industry safety and health representatives;

(c)the site senior executive for the coal mine.

(4A)Without limiting subsection (4), if a person mentioned in subsection (4)(a), (b) or (c) asks to inspect a matter kept in the mine record, the coal mine operator must ensure the matter is available for inspection as soon as practicable but not later than—

(a)if the matter was recorded in the mine record within the previous 6 months—5 days after the request is made; or

(b) otherwise—28 days after the request is made.

Maximum penalty—200 penalty units.

(3)Section 68(4A) to (6)—
renumber as section 68(5) to (7).

36   Replacement of ss 69 and 69A

Sections 69 and 69A—
omit, insert—

69   Display of directives, reports and other information

(1)The site senior executive for a coal mine must display a copy of the following documents at the mine—

(a)each directive currently applying to the mine;

(b)each report of an inspection carried out at the mine;

(c)each publication of information under section 275AC that may be relevant to safety and health obligations at the mine.

(2)For subsection (1), the document must be displayed in 1 or more conspicuous positions at the coal mine in a way likely to come to the attention of coal mine workers at the mine affected by the document.

69A   Current or past coal mine worker entitled to training and assessment report

(1)This section applies if a person is or was a coal mine worker at a coal mine.

(2)The person may ask the site senior executive for the coal mine to give the person a training and assessment report for the person.

(3)The site senior executive must comply with the request within 30 days after the request is made.

Maximum penalty—200 penalty units.

(4)In this section—

training and assessment report, for a person who is or was a coal mine worker at a coal mine, means a copy of the part of the coal mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a coal mine worker at the mine.

69B    Site senior executive entitled to training and assessment report from previous coal mine

(1)This section applies if—

(a)a person is a coal mine worker at a coal mine (the current coal mine); and

(b)the person has previously been a coal mine worker at another coal mine (the previous coal mine).

(2)The site senior executive for the current coal mine may ask the coal mine operator for the previous coal mine to give the site senior executive a training and assessment report for the person.

(3)The coal mine operator for the previous coal mine must comply with the request within 30 days after the request is made.

Maximum penalty—200 penalty units.

(4)In this section—

training and assessment report, for a person who was a coal mine worker at a previous coal mine, means a copy of the part of the previous coal mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a coal mine worker at the previous coal mine.

37   Amendment of pt 7, div 2, hdg (Site safety and health representatives)

Part 7, division 2, heading, ‘Site’—
omit, insert—

Election of site

38   Replacement of ss 93–96

Sections 93 to 96—
omit, insert—

93   Election of site safety and health representatives

(1)The coal mine workers at a coal mine may elect 1 or 2 of their number to be site safety and health representatives for the coal mine.

(2)If there is more than 1 site senior executive at a coal mine, the coal mine workers at each part of the coal mine for which a site senior executive has responsibility may elect 1 or 2 of their number to be site safety and health representatives for each part of the coal mine.

(3)A site safety and health representative elected under this section is appointed for—

(a)the term decided by the coal mine workers; or

(b)if no term is decided by the coal mine workers—3 years.

(4)A person elected under this section becomes a site safety and health representative only if the person holds the appropriate safety and health competencies recognised by the committee for a site safety and health representative.

(5)When performing functions or exercising powers under this part, a site safety and health representative is taken to be performing duties as a coal mine worker.

(6)An election of a site safety and health representative for a coal mine, or part of a coal mine, under this section may be held only in the circumstances mentioned in section 98A.

94   Further election if site safety and health representative not available

(1)If a site safety and health representative is not available when coal mining operations at a coal mine, or part of a coal mine, are considered unsafe by coal mine workers who are affected by the operations, the affected coal mine workers may elect 2 of their number to inspect the operations.

(2)The method of election under subsection (1) must—

(a)be decided by the affected coal mine workers; and

(b)be as straightforward as practicable, having regard to the need to deal with the coal mining operations that are considered unsafe in a way that is appropriate in the circumstances.

(3)A coal mine worker elected under subsection (1) is taken to be a site safety and health representative for the period—

(a)a site safety and health representative is not available; and

(b)the coal mining operations are considered unsafe by the affected coal mine workers.

95   Person must be qualified to act as site safety and health representative

(1)A person must not act as a site safety and health representative unless the person holds the competencies mentioned in section 93(4).

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to a person elected under section 94(1).

(3)A site safety and health representative must perform the functions and exercise the powers of a site safety and health representative under this Act for safety and health purposes and for no other purpose.

Maximum penalty for subsection (3)—40 penalty units.

96   Ceasing to be site safety and health representative

A coal mine worker for a coal mine, or part of a coal mine, stops being a site safety and health representative if the worker—

(a)tells the site senior executive for the coal mine that the worker resigns as site safety and health representative; or

(b)stops being a coal mine worker at the coal mine, or part of the coal mine; or

(c)is removed from office by a vote of a majority of coal mine workers at the coal mine, or part of the coal mine, as notified in writing to the site senior executive for the coal mine.

39   Insertion of new pt 7, div 3 and div 4, hdg

After section 98—
insert—

Division 3 Process for election of site safety and health representatives

98A   When election must be held

An election of a site safety and health representative for a coal mine, or part of a coal mine, must be held if—

(a)the office of a site safety and health representative for the coal mine, or part of the coal mine, becomes vacant or will become vacant before the election; and

(b)a coal mine worker for the coal mine, or part of the coal mine, asks the site senior executive for the coal mine, or part of the coal mine, in writing, for an election to be conducted by an entity mentioned in section 98B(1).

98B   Who is to conduct election

(1)An election for a site safety and health representative for a coal mine, or part of a coal mine, must be conducted by 1 or more of the following entities—

(a)1 or more involved unions for the election;

(b)the site senior executive for the coal mine, or part of the coal mine;

(c)an appropriately qualified entity appointed by an entity mentioned in paragraph (a) or (b).

(2)The site senior executive for the coal mine, or part of the coal mine, and any involved union for the election must use all reasonable endeavours, during the period of 7 days starting on the day of the election trigger, to agree on which of the entities mentioned in subsection (1) is to conduct the election.

(3)If the site senior executive for the coal mine, or part of the coal mine, and any involved union for the election can not reach agreement under subsection (2), the election must be conducted—

(a)by an appropriately qualified entity appointed by the chief inspector; and

(b)as soon as practicable after the end of the 7-day period mentioned in subsection (2).

(4)If an involved union for the election participates in the conduct of the election, the election must be conducted by secret ballot under—

(a)the fair rules of the involved union or, if more than 1 involved union participates in the conduct of the election, the fair rules agreed to by each of the involved unions; or

(b)otherwise—the process prescribed by regulation.

(5)If an involved union for the election does not participate in the conduct of the election, the election must be conducted by secret ballot under the process prescribed by regulation.

(6)The reasonable costs of the election are to be paid by the coal mine operator.

(7)To remove any doubt, it is declared that nothing in this section compels an entity to conduct, or jointly conduct, an election of a site safety and health representative.

(8)In this section—

Commonwealth industrial association means an industrial association under the Fair Work Act 2009 (Cwlth), section 12.

election trigger, for an election, means the making of a request for the election by a coal mine worker under section 98A(b).

involved union, for an election, means an industrial organisation, or Commonwealth industrial association, whose membership includes a coal mine worker entitled to vote in the election.

98C   Obligations of entity or entities conducting election

An entity conducting an election under section 98B must ensure the election is—

(a)supervised by a person who has had formal training as a returning officer; and

(b)conducted under fair procedures that give each elector an equal opportunity to freely vote in the election.

Division 4 Functions and powers of site safety and health representatives

40   Amendment of s 100 (Powers of site safety and health representative)

(1)Section 100(a), after ‘site senior executive’—
insert—

for the mine

(2)Section 100—
insert—

(c)to copy, or to obtain from the site senior executive within a stated reasonable period a copy of, a document mentioned in paragraph (b);

(d)to require the site senior executive to give the site safety and health representative reasonable help to exercise the site safety and health representative’s powers under paragraphs (b) and (c).

(3)Section 100—
insert—

(2)If a site safety and health representative asks to copy a document under subsection (1)(c), the site senior executive must give access to the document as soon as reasonably practicable after being asked, unless the site senior executive has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)A site senior executive for a coal mine who is required in a stated reasonable way to help a site safety and health representative under subsection (1)(d) must comply with the requirement.

Maximum penalty—100 penalty units.

41   Amendment of s 101 (Stopping of operations by site safety and health representatives)

(1)Section 101(2), before ‘safety’—
insert—

site

(2)Section 101(2), after ‘site senior executive’—
insert—

for the coal mine

(3)Section 101—
insert—

(2A)The site safety and health representative must give a copy of the written report given to the site senior executive under subsection (2) to—

(a)an inspector; and

(b)an industry safety and health representative.

(4)Section 101(4)—
omit, insert—

(4)The site safety and health representative must give a written report about any action taken under subsection (4) and the reasons for the action to each of the following persons—

(a)the site senior executive for the coal mine;

(b)an inspector;

(c)an industry safety and health representative.

(5)Section 101(2A) to (4)—
renumber as section 101(3) to (5).

42   Amendment of s 105 (Protection of site safety and health representatives performing functions)

(1)Section 105(a) and (b), ‘his or her’—
omit, insert—

the representative’s

(2)Section 105(b), before ‘safety’—
insert—

site

43   Insertion of new pt 7, div 5, hdg

Before section 106—
insert—

Division 5 Obligations of site senior executives

44   Amendment of s 107 (Site senior executive to display identity of site safety and health representatives)

(1)Section 107(1)—
omit, insert—

(1)A site senior executive for a coal mine must display a notice as required under subsections (2) to (4) for each site safety and health representative for the mine.

Maximum penalty—40 penalty units.

(1A)The notice must—

(a)state the name of the site safety and health representative; and

(b)state the preferred contact details of the representative; and

(c)contain a recent photograph of the representative.

(2)Section 107(3)—
insert—

Examples of conspicuous positions—

near the mine record, in the crib rooms

(3)Section 107—
insert—

(4)In this section—

preferred contact details, of a site safety and health representative, means the telephone number and email address by which the representative prefers to be contacted about safety and health matters.

(4)Section 107(1A) to (4)—
renumber as section 107(2) to (5).

45   Amendment of s 109 (Appointment of industry safety and health representatives)

(1)Section 109(2), from ‘of a’—
omit, insert—

of both of the following board qualifications—

(a)a first or second class certificate of competency or a deputy’s certificate of competency;

(b)the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).

(2)Section 109(3)—
omit, insert—

(3)The term of the appointment must not be more than 4 years.

46   Amendment of s 119 (Powers of industry safety and health representatives)

(1)Section 119(1)(b)—
omit, insert—

(b)to enter any part of a coal mine at any time to carry out the representative’s functions;

(2)Section 119(1)(d), ‘copy’—
omit, insert—

examine

(3)Section 119(1)—
insert—

(da)to copy a document mentioned in paragraph (c) or (d);

(db)to require the site senior executive for a coal mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of any document mentioned in paragraph (c) or (d);

(4)Section 119(1)(e)—
omit, insert—

(e)to require the person in control or temporarily in control of a coal mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f);

(5)Section 119(1)(f), ‘section 167’—
omit, insert—

section 163

(6)Section 119(1)(da) to (f)—
renumber as section 119(1)(e) to (h).

(7)Section 119(2), ‘subsection (1)(e)’—
omit, insert—

subsection (1)(g)

(8)Section 119(3)—
omit, insert—

(3)If an industry safety and health representative asks a person to give access to a document to enable the representative to examine the document under subsection (1)(c) or (d), or to copy the document under subsection (1)(e), the person must give access to the document as soon as reasonably practicable after being asked, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

47   Amendment of s 126 (Qualifications for appointment as inspector)

Section 126—
insert—

(2)The CEO must not appoint under subsection (1) a person who holds a certificate of competency or site senior executive notice unless the person also holds the practising certificate required by the board of examiners to be held by a person holding that board qualification.

48   Replacement of s 129 (Further functions of inspectors)

Section 129—
omit, insert—

129   Further function of inspectors

Inspectors also have the function of advising the chief inspector on safety and health at coal mines.

49   Amendment of s 138 (Warrants—procedure before entry)

Section 138(2)(a), ‘himself or herself’—
omit, insert—

themself

50   Replacement of ss 152 and 153

Sections 152 and 153—
omit, insert—

152   Power to require personal details

(1) This section applies if an officer—

(a)finds a person committing an offence against this Act; or

(b)finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or

(c)has information that leads the officer to reasonably suspect a person has just committed an offence against this Act.

(2)The officer may require the person to state the person’s name and residential address.

(3)The officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—

(a)be in possession of evidence of the correctness of the stated name or address; or

(b)otherwise be able to give the evidence.

(4)When making a requirement under this section, the officer must give the person an offence warning for the requirement.

(5)In this section—

offence warning, for a requirement by an officer, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with the requirement.

reasonably suspect means suspect on grounds that are reasonable in the circumstances.

153   Offence to contravene personal details requirement

(1)A person of whom a requirement is made under section 152 must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 152 was made.

51   Amendment of s 160 (Additional powers of chief inspector)

Section 160(a), ‘section 172’—
omit, insert—

section 167

52   Amendment of pt 9, div 5, hdg (Directives by inspectors, inspection officers and industry safety and health representatives)

Part 9, division 5, heading, from ‘by’—
omit.

53   Renumbering of pt 9, div 5, sdiv 4 (Review of directives)

Part 9, division 5, subdivision 4—
renumber as part 9, division 5, subdivision 8.

54   Replacement of pt 9, div 5, sdivs 1–3

Part 9, division 5, subdivisions 1 to 3—
omit, insert—

Subdivision 1 Preliminary

161   Definition for division

In this division—

authorised official means—

(a)the chief inspector; or

(b)any other inspector; or

(c)an inspection officer; or

(d)an industry safety and health representative.

Subdivision 2 Power to give directives

162   Directive may be given

An authorised official may give a directive under subdivision 3 or 4.

Subdivision 3 Directives relating to acceptable level of risk

163   When directive may be given

(1)A directive may be given under this section if an authorised official believes a risk from coal mining operations at a coal mine—

(a)is at an unacceptable level; or

(b)may reach an unacceptable level.

(2)The directive may require a person who has a safety and health obligation in relation to the coal mine to do 1 or more of the following—

(a)suspend coal mining operations in all or part of the coal mine;

(b)take action stated in the directive, including, for example—

(i)to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or

(ii)to carry out a test to decide whether a risk is at an unacceptable level.

(3)A directive to suspend coal mining operations under subsection (2)(a) because of a risk mentioned in subsection (1)(a) may be given by—

(a)an inspector; or

(b)an inspection officer; or

(c)an industry safety and health representative.

(4)A directive to suspend coal mining operations under subsection (2)(a) because of a risk mentioned in subsection (1)(b) may be given by—

(a)an inspector; or

(b)an industry safety and health representative.

(5)A directive to take action stated in the directive under subsection (2)(b) may be given by—

(a)an inspector; or

(b)an inspection officer.

(6)Despite subsection (5), only an inspector may give a directive under subsection (2)(b) that relates to—

(a)a review of the safety and health management system or a principal hazard management plan; or

(b)the carrying out of a test to decide whether a risk is at an unacceptable level.

Subdivision 4 Directives relating to other matters

164   Directive to ensure task performed only by coal mine worker with competency

(1)This section applies if an inspector believes a particular task at a coal mine should be performed only by persons with a particular competency.

(2)The inspector may give the coal mine operator for the coal mine a directive that the task be performed only by a coal mine worker with the competency.

165   Directive to isolate site to preserve evidence

(1)This section applies if an inspector believes evidence relating to a serious accident or high potential incident at a coal mine needs to be preserved.

(2)The inspector may give a directive to a person to isolate and protect the site of the accident or incident.

166   Directive to operate part of surface mine as separate part

(1)Subsection (2) applies if an inspector believes part of a surface mine that was taken to be a separate part of a surface mine under section 21(4) is being operated in a way that makes it no longer a separate part of a surface mine under section 21(4).

(2)The inspector may give a directive to the coal mine operator for the coal mine to operate the part of the surface mine so that it is a separate part of a surface mine under section 21(4).

(3)Subsection (4) applies if an inspector believes the coal mine operator for a coal mine has not complied with a directive given under subsection (2).

(4)The inspector may give the coal mine operator for the coal mine a directive to suspend operations in the part of the surface mine to which the directive given under subsection (2) applied.

167   Directive to give report to chief inspector

(1)The chief inspector may give a directive to a person who has a safety and health obligation in relation to a coal mine to give the chief inspector a report about—

(a)risks from coal mining operations at the coal mine; or

(b)the safety of part or all of any plant, building or structure at the coal mine; or

(c)a serious accident or high potential incident at the coal mine.

(2)The directive must state—

(a)the objectives of the report; and

(b)that the person who prepares the report must be a person approved by the chief inspector.

(3)For subsection (2)(b), the chief inspector may approve a person only if the person—

(a)has professional qualifications and experience relevant to preparing the report; and

(b)is not an employee of the coal mine operator for the coal mine or of a contractor for the coal mine.

(4)A report prepared under this section is not admissible in evidence against a site senior executive for a coal mine, or any other coal mine worker or ROC worker mentioned in the report, in a criminal proceeding other than a proceeding about the falsity or misleading nature of the report.

Subdivision 5 How directives given

168   Contents of directive

A directive given to a person under subdivision 3 or 4 must state the following matters—

(a)the action required under the directive;

(b)the grounds for the directive;

(c)a stated reasonable period within which the person must comply with the directive;

(d)if the directive is given by an inspector (other than the chief inspector), an inspection officer or an industry safety and health representative—that the person has a right to have the directive reviewed by the chief inspector under subdivision 8;

(e)if the directive is given by the chief inspector—that the person has a right to appeal against the directive under part 14, division 2;

(f)how, and the period within which, the person may apply for review of, or appeal against, the directive.

169   Directive may be given orally or by notice

(1)A directive under subdivision 3 or 4 may be given to a person orally or by notice.

(2)However, if a directive is given to a person orally, the directive must be confirmed by notice given to the person as soon as reasonably practicable after the directive is given.

(3)A copy of a notice given under subsection (1) or (2) must be given to—

(a)the site senior executive for the coal mine, or part of the coal mine, to which the directive relates; and

(b)the person in control of the coal mine, or part of the coal mine, to which the directive relates.

(4)Failure to comply with subsection (2) or (3) does not affect the validity of the directive.

(5)Also, a directive is not invalid only because of—

(a)a formal defect or irregularity in a notice given under this section unless the defect or irregularity causes or is likely to cause substantial injustice; or

(b)a failure to use the correct name of a person in a notice given under this section if the notice sufficiently identifies the person.

170    Withdrawal of directive

A directive given under subdivision 3 or 4 may be withdrawn by notice given by—

(a)for a directive given by the chief inspector—the chief inspector; or

(b)for a directive given by an inspector other than the chief inspector—the inspector or another inspector; or

(c)for a directive given by an inspection officer—the inspection officer or an inspector; or

(d)for a directive given by an industry safety and health representative—the industry safety and health representative or an inspector.

Note—

See also section 160.

Subdivision 6 Compliance with directives

171    Person must comply with directive

A person to whom a directive is given under subdivision 3 or 4 must comply with the directive within the period stated in the directive.

Maximum penalty—800 penalty units or 2 years imprisonment.

Subdivision 7 Records

172    Authorised official must keep record of directive

(1)This section applies if an authorised official gives a directive under subdivision 3 or 4.

(2)The authorised official must keep an accurate record of the directive for at least 7 years after the directive is given.

173    Directive must be entered in mine record

(1)This section applies if an authorised official gives a directive relating to a coal mine under subdivision 3 or 4.

(2)The authorised official must, as soon as reasonably practicable after giving the directive—

(a)enter in the mine record the directive; and

(b)state in the mine record the reason for the directive.

(3)The site senior executive for the coal mine must enter in the mine record the action taken to comply with the directive as soon as practicable after taking the action.

Maximum penalty—40 penalty units.

174    Coal mine workers must have access to directives

The site senior executive for a coal mine must make a copy of a directive given under subdivision 3 or 4 relating to the coal mine available for inspection by coal mine workers at the coal mine for at least 7 years after the directive is given.

Maximum penalty—40 penalty units.

174A    Authorised official must keep record of report

(1)This section applies if an authorised official gives a report to a person under this Act.

(2)The authorised official must keep an accurate record of the report for at least 7 years after the report is given to the person.

174B    Authorised official must keep record of inspection of coal mine

(1)This section applies if an authorised official inspects a coal mine under this Act.

(2)The authorised official must—

(a)make a written report about the inspection; and

(b)give a copy of the report to the coal mine operator, and site senior executive, for the coal mine.

55   Amendment of s 175 (Application for review)

Section 175, from ‘who’ to ‘may’—
omit, insert—

given a directive under division 5, subdivision 3 or 4 by an authorised official (other than the chief inspector) may

56   Amendment of s 178 (Stay of operation of directive)

Section 178(6), ‘section 167’—
omit, insert—

section 163(2)(a)

57   Amendment of s 181 (Obstructing inspectors, officers or industry safety and health representatives)

Section 181(1), penalty—
omit, insert—

Maximum penalty—500 penalty units.

58   Replacement of pt 10, div 1, hdg (Purposes of part)

Part 10, division 1, heading—
omit, insert—

Division 1 Preliminary

59   Insertion of new s 182A

After section 182—
insert—

182A    Definition for part

In this part—

board qualification means—

(a)a certificate of competency; or

(b)a site senior executive notice; or

(c)a practising certificate.

60   Amendment of s 185 (Functions of board of examiners)

(1)Section 185—
insert—

(ea)to develop and administer a scheme for the continuing professional development of holders of certificates of competency or site senior executive notices, including, for example—

(i)deciding the type of continuing professional development required; and

(ii)deciding the minimum continuing professional development particular holders must undertake; and

(iii)issuing practising certificates to holders who have completed the required continuing professional development; and

(iv)renewing practising certificates of holders who have completed the required continuing professional development;

(2)Section 185(ea) and (f)—
renumber as section 185(f) and (g).

61   Insertion of new s 185A

After section 185—
insert—

185A    Minister’s power to give directions in public interest

(1)The Minister may give the board of examiners a written direction about a matter relevant to the performance of the board’s functions under this Act if the Minister is satisfied it is necessary, and in the public interest, to give the direction.

(2)Without limiting subsection (1), the direction may be—

(a)to give the Minister reports and information; or

(b)to apply a policy, standard or other instrument applying to a public sector unit.

(3)The direction can not be about any of the following—

(a)issuing, or refusing to issue, a board qualification;

(b)renewing, or refusing to renew, a board qualification;

(c)otherwise amending, suspending or cancelling a board qualification.

(4)The board of examiners must comply with the direction.

62   Replacement of s 186 (Membership and conduct of board proceedings)

Section 186—
omit, insert—

186   Membership

(1)The board of examiners is to consist of a chairperson and at least the following other persons (each a member)—

(a)at least 1 person with demonstrated expertise in the assessment of technical or safety competencies;

(b)the following inspectors—

(i)the chief inspector;

(ii)the chief inspector of mines under the Mining and Quarrying Safety and Health Act 1999;

(iii)at least 1 inspector who holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;

(iv)at least 1 inspector who holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999;

(c)at least 1 person who—

(i)is employed by a coal mine operator; and

(ii)holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;

(d)at least 1 person who—

(i)is employed by an operator under the Mining and Quarrying Safety and Health Act 1999; and

(ii)holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999.

(2)The chairperson—

(a)must be appropriately qualified to perform the functions of chairperson of the board of examiners; and

(b)must not be currently engaged in the mining industry.

(3)All members, other than the chairperson or a member mentioned in subsection (1)(a), must—

(a)be currently engaged in the mining industry; and

(b)have at least 10 years’ practical experience in the mining industry; and

(c)hold a certificate of competency under this Act or the Mining and Quarrying Safety and Health Act 1999; and

(d)hold the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (c).

(4)For subsection (3)(a), the following persons are taken to be currently engaged in the mining industry—

(a)an inspector;

(b)an industry safety and health representative;

(c)a district workers’ representative under the Mining and Quarrying Safety and Health Act 1999.

(5)A member, other than a member mentioned in subsection (1)(b)(i) or (ii), may be appointed for a term of not more than 5 years.

63   Amendment of s 188 (Appointment of board of examiners)

Section 188(1), ‘section 186(3A)’—
omit, insert—

section 186(1)(b)(i) and (ii)

64   Amendment of s 190 (Presiding at meetings of the board of examiners)

(1)Section 190(3), after ‘nominated’—
insert—

under subsection (2)

(2)Section 190(3), after ‘board’—
insert—

of examiners

(3)Section 190—
insert—

(4)If the chairperson does not nominate an inspector under subsection (2), the chief inspector presides.

65   Amendment of s 193A (Register to be kept by board of examiners)

(1)Section 193A(1)—
insert—

(ba)practising certificates issued by the board; and

(2)Section 193A(1)(ba) and (c)—
renumber as section 193A(1)(c) and (d).

(3)Section 193A(2)(a), ‘certificate of competency or site senior executive notice’—
omit, insert—

board qualification

(4)Section 193A(2)(a), ‘certificate or notice’—
omit, insert—

qualification

(5)Section 193A(2)(b), ‘subsection (1)(c)’—
omit, insert—

subsection (1)(d)

(6)Section 193A(4)—
omit.

66   Amendment of s 194A (Board of examiners may consider previous suspension, cancellation or surrender of certificate of competency or site senior executive notice)

Section 194A, ‘certificate of competency or site senior executive notice’—
omit, insert—

board qualification

67   Amendment of s 195 (Obtaining certificates of competency or site senior executive notices by fraud)

(1)Section 195, heading—
omit, insert—

195   Obtaining board qualifications by fraud

(2)Section 195(1) and (3), ‘certificate of competency or site senior executive notice’—
omit, insert—

board qualification

(3)Section 195(2)—
omit, insert—

(2)The board of examiners may cancel a board qualification by notice to the holder if the board is satisfied the holder obtained the qualification by giving false information to the board.

(4)Section 195(3)—
insert—

(c)for a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the holder works;

(d)for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the holder works.

68   Amendment of s 196 (Return of certificate of competency or site senior executive notice)

(1)Section 196, ‘certificate of competency or site senior executive notice’—
omit, insert—

board qualification

(2)Section 196, ‘certificate or notice’—
omit, insert—

qualification

(3)Section 196(b), ‘an industrial magistrate’—
omit, insert—

a Magistrates Court

69   Amendment of s 196A (Effect on particular appointments of suspension, cancellation or surrender of certificate of competency or site senior executive notice)

Section 196A, ‘certificate of competency or site senior executive notice’—
omit, insert—

board qualification

70   Amendment of pt 10A, hdg (Suspension and cancellation of certificates of competency and site senior executive notices by CEO)

Part 10A, heading, from ‘certificates’ to ‘notices’—
omit, insert—

board qualifications

71   Amendment of s 197A (Grounds for suspension or cancellation)

Section 197A—
insert—

(3)The only ground for suspending or cancelling a person’s practising certificate under this part is that the person has failed to complete the requirements of the board of examiners to hold the certificate.

72   Amendment of s 197B (Notice of proposed action)

Section 197B(1) and (2)(d), from ‘certificate’ to ‘notice’—
omit, insert—

board qualification

73   Amendment of s 197D (Decision to take proposed action)

(1)Section 197D(2), ‘certificate of competency or site senior executive notice’—
omit, insert—

board qualification

(2)Section 197D(2), ‘certificate or notice’—
omit, insert—

qualification

(3)Section 197D(6)(a)—
insert—

(iii)for a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the person works;

(iv)for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the person works; and

74   Insertion of new s 197E

After section 197D—
insert—

197E    Automatic cancellation or suspension of practising certificate

(1)This section applies if a person’s certificate of competency or site senior executive notice is cancelled or suspended under this part or by a court.

(2)Any practising certificate, relating to the certificate of competency or site senior executive notice, held by the person is also cancelled or suspended for the same period.

75   Replacement of s 198 (Notice of accidents, incidents, deaths or diseases)

Section 198—
omit, insert—

198   Notice of accidents, deaths or incidents

(1)If the site senior executive for a coal mine becomes aware of a serious accident or death at the coal mine, the site senior executive must as soon as possible after becoming aware—

(a)orally notify an inspector—

(i)about the accident or death; and

(ii)about the required information for the notification, to the extent the information is known to the site senior executive; and

(b)orally notify an industry safety and health representative—

(i)about the accident or death; and

(ii)about the required information for the notification, to the extent the information is known to the site senior executive.

Maximum penalty—100 penalty units.

(2)Also, if the site senior executive for a coal mine becomes aware of a high potential incident at the coal mine, the site senior executive must as soon as possible after becoming aware orally notify an industry safety and health representative—

(a)about the incident; and

(b)about the required information for the notification, to the extent the information is known to the site senior executive.

Maximum penalty—100 penalty units.

(3)Further, if the site senior executive for a coal mine becomes aware of a serious accident, death or high potential incident at the coal mine, the site senior executive must as soon as practicable after becoming aware—

(a)notify an inspector about the accident, death or incident by notice in the approved form; and

(b)notify an industry safety and health representative about the accident, death or incident by notice.

Maximum penalty—100 penalty units.

(4)The approved form mentioned in subsection (3)(a) must make provision for particular information to be provided about the accident, death or incident.

(5)The notice mentioned in subsection (3)(b) must include the following information about the accident, death or incident—

(a)the precise location where the accident, death or incident happened;

(b)when the accident, death or incident happened;

(c)the number of persons involved in the accident, death or incident;

(d)if the notification is about a death, whether or not caused by an accident—the name of the person who died;

(e)if the notification is about a serious accident or high potential incident—

(i)the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and

(ii)the name of any person who was injured as a result of the accident or incident;

(f)if no one was present when a person mentioned in paragraph (d) died or a person mentioned in paragraph (e)(ii) was injured—the name of the person who found the deceased or injured person;

(g)a brief description of how the accident, death or incident happened.

Examples of types of descriptions that may be given under paragraph (g)—

•‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’

•‘A worker fell from the top of a storage bin into the wash plant.’

(6)If the site senior executive does not know the required information at the time the site senior executive is required to notify a person under subsection (3) the site senior executive must—

(a)take all reasonable steps to find out the required information as soon as possible; and

(b)as soon as possible after the required information becomes known to the site senior executive, give the required information to the person.

Maximum penalty—100 penalty units.

(7)For a proceeding under subsection (1), (2), (3) or (6), it is not a defence that the giving of the required information might tend to incriminate the site senior executive.

(8)The required information is not admissible in evidence against the site senior executive in a criminal proceeding.

(9)Subsection (8) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information.

(10)In this section—

required information means—

(a)in relation to a notification required to be given to an inspector—the information required by the approved form mentioned in subsection (3)(a); or

(b)in relation to a notification required to be given to an industry safety and health representative—the information required under subsection (5) in the notice mentioned in subsection (3)(b).

198AA    Notice of reportable diseases

(1)If the site senior executive for a coal mine becomes aware that a relevant worker has been diagnosed with a reportable disease, the site senior executive must, as soon as practicable after becoming aware—

(a)notify an inspector about the disease by notice in the approved form; and

(b)notify an industry safety and health representative about the disease by notice.

Maximum penalty—100 penalty units.

(2)If a prescribed person becomes aware that a relevant worker has been diagnosed with a reportable disease, the prescribed person must, as soon as practicable after becoming aware, notify the chief inspector by notice in the approved form.

Maximum penalty—100 penalty units.

(3)The approved form mentioned in subsections (1)(a) and (2) must make provision for stating the name and date of birth of the person diagnosed with the reportable disease.

(4)This section does not apply in the circumstances prescribed by regulation.

(5)In this section—

prescribed person means a person prescribed by regulation for subsection (2).

relevant worker means—

(a)a person who is, was or may become a coal mine worker; or

(b)a person who is, was or may become a worker under the Mining and Quarrying Safety and Health Act 1999.

reportable disease means a disease prescribed by regulation to be a reportable disease.

76   Insertion of new s 199A

After section 199—
insert—

199A    Site senior executive must tell contractor particular matters

(1)This section applies if—

(a)a contractor provides or arranges for a coal mine worker to perform work, or provide a service, at a coal mine; and

(b)the site senior executive for the coal mine becomes aware of any of the following matters—

(i)an injury or illness to the coal mine worker from coal mining operations that causes the worker to be absent from work;

(ii)a high potential incident happening at the coal mine that causes or has the potential to cause a significant adverse effect on the safety or health of the coal mine worker;

(iii)any proposed change to the coal mine, or plant or substance used at the coal mine, that affects, or may affect, the safety and health of the coal mine worker.

(2)The site senior executive for the coal mine must tell the contractor about the matter as soon as practicable after the matter comes to the site senior executive’s knowledge.

Maximum penalty—100 penalty units.

77   Amendment of s 201 (Action to be taken in relation to site of accident or incident)

Section 201(1)(c), from ‘forward’—
omit, insert—

give the report mentioned in paragraph (b) to an inspector—

(i)within 30 days after the accident or incident; or

(ii)if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period.

78   Amendment of s 216 (Offences by witnesses)

Section 216(1), (2) and (3), penalty—
omit, insert—

Maximum penalty—200 penalty units.

79   Insertion of new ss 216A and 216B

After section 216—
insert—

216A    False or misleading statements to board of inquiry

A person must not state anything to the board of inquiry that the person knows is false or misleading in a material particular.

Maximum penalty—500 penalty units.

216B    False or misleading documents to board of inquiry

(1)A person must not give a document to the board of inquiry that the person knows is false or misleading in a material particular.

Maximum penalty—500 penalty units.

(2)Subsection (1) does not apply to a person who, when giving the document—

(a)informs the board of inquiry, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably get, the correct information—gives the correct information to the board of inquiry.

80   Amendment of s 217 (Contempt of board)

(1)Section 217, heading, after ‘board’—
insert—

of inquiry

(2)Section 217, after paragraph (a)—
insert—

(aa)impede or obstruct the board of inquiry in the exercise of its powers; or

(3)Section 217(b) and (c), after ‘board’—
insert—

of inquiry

(4)Section 217(aa) to (c)—
renumber as section 217(b) to (d).

(5)Section 217, penalty—
omit, insert—

Maximum penalty—200 penalty units.

81   Amendment of s 236A (Appeals against CEO’s decisions)

Section 236A, from ‘certificate’ to ‘notice’—
omit, insert—

board qualification

82   Amendment of s 237 (Appeals against board of examiners’ decision)

Section 237, ‘certificate’—
omit, insert—

board qualification

83   Amendment of s 243 (Who may appeal)

Section 243(c), ‘subdivision 4’—
omit, insert—

subdivision 8

84   Amendment of s 245 (Stay of operation of directive or review decision)

Section 245(5), ‘section 167’—
omit, insert—

section 163(2)(a)

85   Amendment of s 255 (Proceedings for offences)

(1)Section 255(1)—
omit, insert—

(1)A charge for an offence against this Act, other than an offence against part 3A, must be heard and decided summarily.

(2)Section 255(3) and (4)—
omit.

(3)Section 255(6), ‘subsection (5)(b)’—
omit, insert—

subsection (3)(b)

(4)Section 255(7) and (8), ‘subsection (6)’—
omit, insert—

subsection (4)

(5)Section 255(10), definition person dissatisfied with a decision—
omit.

(6)Section 255(5) to (10)—
renumber as section 255(3) to (9).

86   Amendment of s 256B (Procedure if prosecution not brought)

Section 256B(1)(a), ‘section 255(10)’—
omit, insert—

section 255(9)

87   Amendment of s 257 (Limitation on time for starting proceedings)

Section 257(1)(a) and (b)—
omit, insert—

(a)2 years after the offence first comes to the notice of the complainant;

(b)if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen—

(i)the enforceable undertaking is contravened;

(ii)it comes to the notice of the CEO that the enforceable undertaking has been contravened;

(iii)the CEO agrees under section 267Q to the withdrawal of the enforceable undertaking;

88   Amendment of s 258 (Court may order suspension or cancellation of certificate or notice)

(1)Section 258(2), ‘An industrial magistrate’—
omit, insert—

A Magistrates Court

(2)Section 258(3), ‘industrial magistrate’s’—
omit, insert—

court’s

(3)Section 258(3), ‘Industrial Court’—
omit, insert—

District Court

(4)Section 258(4), from ‘The’ to ‘person’s’—
omit, insert—

A Magistrates Court must give notice of a decision to suspend or cancel a person’s

(5)Section 258(4)(a), ‘industrial magistrate’—
omit, insert—

court

89   Amendment of s 259 (Forfeiture on conviction)

Section 259(1), ‘an Industrial Magistrates Court’—
omit, insert—

a Magistrates Court

90   Amendment of s 264 (Orders for costs)

(1)Section 264(2), ‘An Industrial Magistrates Court’—
omit, insert—

A Magistrates Court

(2)Section 264(3)—
omit.

(3)Section 264(4) to (6)—
renumber as section 264(3) to (5).

91   Insertion of new pt 15C

After part 15B—
insert—

Part 15C    Enforceable undertakings

267L    CEO may accept enforceable undertaking

(1)The CEO may accept a written undertaking (an enforceable undertaking) given by a person in connection with a matter relating to a contravention or alleged contravention of this Act by the person.

(2)An enforceable undertaking can not be accepted for a contravention or alleged contravention that is—

(a)an offence against section 48C or 48D; or

(b)an offence involving a breach of a safety and health obligation causing death.

(3)The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving the undertaking in relation to the contravention or alleged contravention to which the undertaking relates.

(4)The CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.

(5)The CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention that is an offence mentioned in subsection (2)(a) or (b), before a proceeding in relation to the contravention has been finalised.

(6)If the CEO accepts an enforceable undertaking before the proceeding is finalised—

(a)the CEO must immediately notify the WHS prosecutor; and

(b)the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.

267M    Notice of decision and reasons for decision

(1)The CEO must give the person seeking to make an enforceable undertaking notice of the CEO’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.

(2)The CEO must publish, on a Queensland Government website, notice of a decision to accept an enforceable undertaking and the reasons for the decision.

267N    When enforceable undertaking is enforceable

An enforceable undertaking takes effect and becomes enforceable when the CEO’s decision to accept the undertaking is given to the person who made the undertaking or at any later date stated by the CEO.

267O    Compliance with enforceable undertaking

A person must not contravene an enforceable undertaking made by the person that is in effect.

Maximum penalty—500 penalty units.

267P    Contravention of enforceable undertaking

(1)The CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking.

(2)If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make—

(a)an order directing the person to comply with the undertaking; or

(b)an order discharging the undertaking.

(3)In addition to the orders mentioned in subsection (2), the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State—

(a)the costs of the proceeding; and

(b)the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.

(4)Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates.

Note—

Section 267R specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.

267Q    Withdrawal or variation of enforceable undertaking

(1)A person who has made an enforceable undertaking may at any time, with the written agreement of the CEO—

(a)withdraw the undertaking; or

(b)vary the undertaking.

(2)However, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act.

(3)The CEO must publish, on a Queensland Government website, notice of the withdrawal or variation of an enforceable undertaking.

267R    Proceeding for alleged contravention

(1)Subject to this part, no proceeding for a contravention or alleged contravention of this Act may be taken against a person if an enforceable undertaking is in effect in relation to the contravention.

(2)No proceeding may be taken for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to the contravention and has completely discharged the enforceable undertaking.

92   Insertion of new pt 16, div 1, hdg

Before section 268—
insert—

Division 1 General

93   Insertion of new pt 16, div 2

After section 270—
insert—

Division 2 Sentencing for offences

270A    Application of division

This division applies if a court convicts a person or finds a person guilty (the offender) of an offence against this Act.

270B    Orders generally

(1)One or more orders may be made under this division against the offender.

(2)Orders may be made under this division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.

270C    Adverse publicity orders

(1)The court may make an order (an adverse publicity order), in relation to the offender, requiring the offender—

(a)to take either or both of the following actions within the period stated in the order—

(i)to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii)to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b)to give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.

(2)The court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.

(3)If the offender fails to give evidence to the CEO as provided under subsection (1)(b), the CEO, or a person authorised in writing by the CEO, may take the action or actions stated in the order.

(4)However, if—

(a)the offender gives evidence to the CEO as provided under subsection (1)(b); and

(b)despite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;

the CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take the action or actions.

(3)Section 705D(4)—
omit.

(4)Section 705D(5), definition designated accident or incident, paragraph (b)—
omit, insert—

(b)an incident the operator of the plant is required to report to the chief inspector under section 706, to the extent the incident affects, or is likely to affect, the safety and health of coal mine workers.

(5)Section 705D(5)—
renumber as section 705D(4).

235   Replacement of s 706 (Requirement to report prescribed incident)

Section 706—
omit, insert—

706   Requirement to report prescribed incident

(1)A regulation may prescribe the types of incidents happening at an operating plant or relating to a gas related device (each a prescribed incident) that must be notified to the chief inspector.

(2)If a prescribed incident happens at an operating plant, the operator of the plant must notify the chief inspector.

Maximum penalty—100 penalty units.

(3)If a prescribed incident happens at a business other than at an operating plant and the prescribed incident relates to a gas related device, the person carrying on the business must notify the chief inspector.

Maximum penalty—100 penalty units.

(4)The notification under subsection (2) or (3) must be made—

(a)by telephone as soon as possible after becoming aware of the prescribed incident, using the telephone number notified on a Queensland Government website for the purpose; and

(b)in the approved form within 2 business days after the prescribed incident.

(5)The approved form mentioned in subsection (4)(b) must make provision for particular information to be provided about the prescribed incident.

(6)The telephone notification mentioned in subsection (4)(a) must include the required information to the extent the required information is known to the operator mentioned in subsection (2) or the person mentioned in subsection (3).

(7)If the operator mentioned in subsection (2) or the person mentioned in subsection (3) does not know the required information at the time the operator or person is required to notify the chief inspector under subsection (4)(b), the operator or person must—

(a)take all reasonable steps to find out the required information as soon as possible; and

(b)as soon as possible after the required information becomes known to the operator or person, give the required information to the chief inspector.

Maximum penalty—100 penalty units.

(8)For a proceeding under subsection (2), (3) or (7), it is not a defence that the giving of the required information might tend to incriminate the operator or the person.

(9)The required information is not admissible in evidence against the operator or person in a criminal proceeding.

(10)Subsection (9) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information.

(11)The operator or person is taken to have complied with subsection (2) or (3) if—

(a)the Coal Mining Safety and Health Act 1999, section 198 applies to the operator or person; and

(b)the operator or person has complied with that section.

(12)In this section—

required information means the information required by the approved form mentioned in subsection (4)(b).

236   Amendment of s 708C (Protection from reprisal)

(1)Section 708C(1), penalty—
omit, insert—

Maximum penalty—1,000 penalty units.

(2)Section 708C(7)—
insert—

detriment includes—

(a)personal injury or prejudice to safety; and

(b)property damage or loss; and

(c)intimidation or harassment; and

(d)adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and

(e)financial loss; and

(f)damage to reputation, including, for example, personal, professional or business reputation.

237   Amendment of s 722 (Contempt of board)

Section 722(a)—
omit, insert—

(a)impede or obstruct a board of inquiry in the exercise of its powers; or

238   Amendment of s 724 (Types of gas device)

(1)Section 724(3)—
insert—

(d)a limited capacity biogas system.

(2)Section 724(5)—
insert—

limited capacity biogas system means a system of devices that produces, stores and uses not more than the amount of biogas prescribed by regulation.

239   Amendment of s 731AA (Approval of gas devices for supply, installation and use)

(1)Section 731AA(2), after ‘gas device’—
insert—

(type B)

(2)Section 731AA—
insert—

(3)An approval under subsection (1)(a) in relation to a gas device (type A) that has been given by a person who holds a gas device approval authority for the gas device, stops having effect only if the approval is cancelled or suspended by the person with the written consent of the chief inspector.

240   Amendment of s 731AB (Who may apply)

Section 731AB, ‘gas device approval authority for a gas device’—
omit, insert—

type of gas device approval authority prescribed by regulation

241   Amendment of s 734AC (Access to register)

(1)Section 734AC(1)(a)—
omit.

(2)Section 734AC(1)(b), after ‘register’—
insert—

under section 734AB

(3)Section 734AC(1)(b) and (c)—
renumber as section 734AC(1)(a) and (b).

(4)Section 734AC—
insert—

(1A)The chief inspector may publish the register in the way the chief inspector considers appropriate.

(5)Section 734AC(2), ‘residential address’—
omit, insert—

contact details

(6)Section 734AC(1A) and (2)—
renumber as section 734AC(2) and (3).

242   Amendment of s 739 (Production or display of identity card)

Section 739(1)(a), ‘his or her’—
omit, insert—

the inspector’s or authorised officer’s

243   Amendment of s 744 (Inspector’s additional entry power for emergency or incident)

Section 744(2)(a), ‘himself or herself’—
omit, insert—

themself

244   Amendment of s 752 (Warrants—procedure before entry)

Section 752(2)(a), ‘himself or herself’—
omit, insert—

themself

245   Replacement of ss 754–756

Sections 754 to 756—
omit, insert—

754   General powers

(1)This section applies to—

(a)an inspector for performing the functions of the inspector under section 736(1); or

(b)an authorised officer for performing the functions of the authorised officer under section 736(2) or (3).

(2)The inspector or authorised officer may—

(a)search any part of the place; or

(b)inspect, measure, test, photograph or film any part of the place or anything at the place; or

(c)take a thing, or a sample of or from a thing, at the place for analysis or testing; or

(d)copy a document at the place; or

(e)take into or onto the place any persons, equipment and materials the inspector or authorised officer requires for exercising a power under this division; or

(f)require a person at the place, to give the inspector or authorised officer reasonable help to exercise the inspector’s or authorised officer’s powers under any of paragraphs (a) to (e); or

(g)require a person at the place, to answer questions by the inspector or authorised officer to help the inspector or authorised officer ascertain whether this Act is being or has been complied with, or for the purpose of conducting an investigation under this Act.

(3)When making a requirement mentioned in subsection (2)(f) or (g), the inspector or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.

755   Failure to help inspector or authorised officer

A person required to give reasonable help under section 754(2)(f) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

756   Failure to answer questions

(1)A person of whom a requirement is made under section 754(2)(g) must not fail to comply with a requirement to answer a question unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)It is a reasonable excuse for an individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.

(3)However, subsection (2) does not apply if the requirement relates to an incident.

246   Replacement of s 757 (Power to require name and address)

Section 757—
omit, insert—

757   Power to require personal details

(1)This section applies if an inspector or authorised officer—

(a)finds a person committing an offence against this Act; or

(b)finds a person in circumstances that lead the inspector or authorised officer to reasonably suspect the person has just committed an offence against this Act; or

(c)has information that leads the inspector or authorised officer to reasonably suspect a person has just committed an offence against this Act.

(2)The inspector or authorised officer may require the person to state the person’s name and residential address.

(3)The inspector or authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—

(a)be in possession of evidence of the correctness of the stated name or address; or

(b)otherwise be able to give the evidence.

(4)When making a requirement under this section, the inspector or authorised officer must give the person an offence warning for the requirement.

(5)In this section—

offence warning, for a requirement by an inspector or authorised officer, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with the direction or requirement.

reasonably suspect means suspect on grounds that are reasonable in the circumstances.

757A    Offence to contravene personal details requirement

(1)A person of whom a requirement is made under section 757 must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 757 was made.

247   Replacement of ss 761 and 762

Sections 761 and 762—
omit, insert—

761   Power to require attendance of persons before inspector or authorised officer to answer questions

(1)An inspector or authorised officer may require a person to attend before the inspector or authorised officer and to answer questions—

(a)relevant to the discharge of the person’s safety and health obligations under this Act; or

(b)on safety and health matters relevant to activities involving petroleum or fuel gas; or

(c)to ascertain whether this Act is being complied with; or

(d)relevant to any action carried out by the inspector or authorised officer under this Act.

(2)A requirement made of a person under this section to attend before an inspector or authorised officer must—

(a)be made by notice given to the person; and

(b)state a reasonable time and place for the person’s attendance.

(3)When making a requirement under this section, the inspector or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.

762   Failure to comply with requirement about attendance

(1)A person of whom a requirement is made under section 761 must not, unless the person has a reasonable excuse—

(a)fail to attend before the inspector or authorised officer at the time and place stated in the notice; or

(b)when attending before the inspector or authorised officer fail to comply with a requirement to answer a question.

Maximum penalty—500 penalty units.

(2)It is a reasonable excuse for an individual not to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.

(3)However, subsection (2) does not apply if the requirement relates to an incident.

762A    Use of particular evidence in proceedings

(1)Subsection (2) applies in relation to an answer given by an individual in response to a requirement under section 754(2)(g) or 761(1).

(2)Neither the answer nor any information, document or other thing obtained as a direct or indirect result of the answer is admissible in any proceeding against the individual, other than a proceeding in which the falsity or misleading nature of the answer is relevant.

(3)If a document, produced in response to a requirement under section 754(2)(f), is the personal property of an individual of whom the requirement is made and the document might incriminate the individual or make the individual liable to a penalty—

(a)the document is admissible in a proceeding against the individual for an offence under this Act; but

(b)neither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.

248   Amendment of s 799I (Definitions for part)

(1)Section 799I(1), definitions employer and worker—
omit.

(2)Section 799I(1)—
insert—

employer, for an operating plant or gas work, means—

(a)a person who employs or otherwise engages a person to carry out work in relation to the operating plant or gas work; or

(b)a person who arranges for a person to carry out work in relation to the operating plant or gas work, including, for example, a labour hire agency; or

(c)for an operating plant—the operator of the operating plant; or

(d)for gas work—the holder of a gas work licence, gas work authorisation or gas device approval authority relating to the gas work.

worker means—

(a)in relation to an operating plant—an individual who is employed, otherwise engaged or arranged to carry out work at the operating plant; or

(b)in relation to gas work—an individual who is employed, otherwise engaged or arranged to carry out work at the place where the gas work is carried out.

249   Amendment of s 817 (Who may apply for internal review)

Section 817(2)(b) and (c)—
omit, insert—

(b)if the original decision to which the application relates was made by an inspector, other than the chief inspector, or an authorised officer (safety and health)—the chief inspector; or

(c)if the original decision to which the application relates was made by the CEO or the chief inspector—the CEO; or

250   Insertion of new ch 13, pt 2, div 1, hdg

Before section 837—
insert—

Division 1 General

251   Amendment of s 837 (Proceedings for offences)

(1)Section 837(1)—
omit, insert—

(1)A charge for an offence against this Act, other than an offence against chapter 11, part 1AA, must be heard and decided summarily.

(2)Section 837(6), after paragraph (a)—
insert—

(aa)if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen—

(i)the enforceable undertaking is contravened;

(ii)it comes to the notice of the CEO that the enforceable undertaking has been contravened;

(iii)the CEO agrees under section 841J to the withdrawal of the enforceable undertaking;

(3)Section 837(6)(aa) and (b)—
renumber as section 837(6)(b) and (c).

(4)Section 837(6A) to (8)—
renumber as section 837(7) to (10).

252   Amendment of s 837C (Procedure if prosecution not brought)

Section 837C(1)(a), ‘section 837(8)’—
omit, insert—

section 837(10)

253   Insertion of new s 839A

After section 839—
insert—

839A    Court may order suspension or cancellation of authority

(1)This section applies if a person convicted of an offence against this Act is the holder of any of the following authorities—

(a)a gas work licence;

(b)a gas work authorisation;

(c)a gas device approval authority.

(2)A Magistrates Court, on application by the complainant during the proceeding for the offence, may suspend or cancel the authority held by the person convicted.

(3)A person dissatisfied with the Magistrates Court’s decision to suspend or cancel the person’s authority who wants to appeal against the decision, must appeal to the District Court.

(4)The Magistrates Court must give notice of the decision to suspend or cancel the person’s authority to the chief inspector.

254   Amendment of s 840A (Costs of investigation)

Section 840A(1), ‘the department’s reasonable costs’—
omit, insert—

to the department or RSHQ the reasonable costs, incurred by the department or RSHQ,

255   Insertion of new s 841AA and new ch 13, pt 2, div 2

After section 841—
insert—

   

841AA    Recovery of fees

(1)A fee payable under this Act and not paid may be recovered by the CEO—

(a)in summary proceedings under the Justices Act 1886; or

(b)by action for a debt in a court of competent jurisdiction.

(2)A fee may also be recovered in a proceeding for an offence against this Act.

(3)An order made in a proceeding under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.

(4)An order made in a proceeding under subsection (2)—

(a)may be filed in the registry of a Magistrates Court; and

(b)on being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.

Division 2 Sentencing for offences

841AB    Application of division

This division applies if a court convicts a person or finds a person guilty (the offender) of an offence against this Act.

841AC    Orders generally

(1)One or more orders may be made under this division against the offender.

(2)Orders may be made under this division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.

841AD    Adverse publicity orders

(1)The court may make an order (an adverse publicity order), in relation to the offender, requiring the offender—

(a)to take either or both of the following actions within the period stated in the order—

(i)to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii)to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b)to give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.

(2)The court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.

(3)If the offender fails to give evidence to the CEO as provided under subsection (1)(b), the CEO, or a person authorised in writing by the CEO, may take the action or actions stated in the order.

(4)However, if—

(a)the offender gives evidence to the CEO as provided under subsection (1)(b); and

(b)despite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;

the CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take the action or actions.

(5)If the CEO, or a person authorised in writing by the CEO, takes an action or actions under subsection (3) or under an order under subsection (4), the CEO is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in relation to the reasonable expenses of taking the action or actions as a debt due to the CEO.

841AE    Orders for restoration

(1)The court may make an order requiring the offender to take steps stated in the order, within the period stated in the order, to remedy a matter caused by the commission of the offence that appears to the court to be within the offender’s power to remedy.

(2)The period within which an order under this section must be complied with may be extended, or further extended, by order of the court but only if an application for the extension is made before the end of the period.

841AF    Safety and health project orders

(1)The court may make an order requiring the offender to undertake a stated project for the general improvement of safety and health of persons who may be affected by activities involving petroleum or fuel gas within the period stated in the order.

(2)The order may state conditions that must be complied with in undertaking the project.

841AG    Release on giving of court-ordered undertaking

(1)The court may (with or without recording a conviction) adjourn the proceeding for the offence for a period of not more than 2 years and make an order for the release of the offender on the offender giving an undertaking with stated conditions (a court-ordered undertaking).

(2)A court-ordered undertaking must state the following conditions—

(a)that the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned;

(b)that the offender does not commit, during the period of the adjournment, any offence against this Act;

(c)that the offender observes any special conditions imposed by the court.

(3)In addition to the order mentioned in subsection (1), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the offender to pay to the State—

(a)the costs of the proceeding; and

(b)the reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.

(4)An offender who has given a court-ordered undertaking under this section may be called on to appear before the court by order of the court.

(5)An order under subsection (4) must be served on the offender not less than 4 days before the time stated in the order for the appearance.

(6)If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered undertaking, the court must discharge the offender without any further hearing of the proceeding.

841AH    Injunctions

The court may issue an injunction requiring the offender to cease contravening this Act.

Note—

See also chapter 13, part 3.

841AI    Training orders

The court may make an order requiring the offender to undertake, or arrange for 1 or more persons undertaking activities involving petroleum or fuel gas to undertake, a stated course of training.

841AJ    Offence to fail to comply with order

(1)A person must comply with an order under this division, unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)This section does not apply to an order or injunction under section 841AG or 841AH.

256   Insertion of new ch 13, pt 4

After section 841D—
insert—

Part 4 Enforceable undertakings

841E    CEO may accept enforceable undertaking

(1)The CEO may accept a written undertaking (an enforceable undertaking) given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act.

(2)An enforceable undertaking can not be accepted for a contravention or alleged contravention that is—

(a)an offence against section 799K or 799L; or

(b)an offence involving a breach of an obligation causing death.

(3)The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.

(4)The CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.

(5)The CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention mentioned in subsection (2)(a) or (b), before a proceeding in relation to the contravention has been finalised.

(6)If the CEO accepts an enforceable undertaking before the proceeding is finalised—

(a)the CEO must immediately notify the WHS prosecutor; and

(b)the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.

841F    Notice of decision and reasons for decision

(1)The CEO must give the person seeking to make an enforceable undertaking written notice of the CEO’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.

(2)The CEO must publish, on a Queensland Government website, notice of a decision to accept an enforceable undertaking and the reasons for the decision.

841G    When enforceable undertaking is enforceable

An enforceable undertaking takes effect and becomes enforceable when the CEO’s decision to accept the undertaking is given to the person who made the undertaking or at any later date stated by the CEO.

841H    Compliance with enforceable undertaking

A person must not contravene an enforceable undertaking made by the person that is in effect.

Maximum penalty—500 penalty units.

841I    Contravention of enforceable undertaking

(1)The CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking.

(2)If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make 1 or both of the following orders—

(a)an order directing the person to comply with the undertaking;

(b)an order discharging the undertaking.

(3)In addition to the orders mentioned in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the State—

(a)the costs of the proceeding; and

(b)the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.

(4)Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates.

Note—

Section 841K specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.

841J    Withdrawal or variation of enforceable undertaking

(1)A person who has made an enforceable undertaking may at any time, with the written agreement of the CEO—

(a)withdraw the undertaking; or

(b)vary the undertaking.

(2)However, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act.

(3)The CEO must publish, on a Queensland Government website, notice of the withdrawal or variation of an enforceable undertaking.

841K    Proceeding for alleged contravention

(1)Subject to this part, no proceeding for a contravention or alleged contravention of this Act may be taken against a person if an enforceable undertaking is in effect in relation to the contravention.

(2)No proceeding may be taken for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to the contravention and has completely discharged the enforceable undertaking.

257   Amendment of s 842 (Requirements for making an application)

(1)Section 842, heading, ‘an’—
omit.

(2)Section 842(5), definition relevant person, paragraph (a)(i)—
omit, insert—

(i)section 622, 728 or 731AB; or

258   Amendment of s 843 (Request to applicant about application)

(1)Section 843(1)(b) and (c), ‘or another stated officer of the department’—
omit, insert—

, a stated officer of the department, or a stated staff member of the employing office,

(2)Section 843(7)—
insert—

employing office see the Resources Safety and Health Queensland Act 2020, section 29(1).

(3)Section 843(7), definition relevant person, paragraph (a)(i)—
omit, insert—

(i)section 622, 728 or 731AB; or

259   Amendment of s 844 (Amending applications)

Section 844(5), definition relevant person, paragraph (a)(i)—
omit, insert—

(i)section 622, 728 or 731AB; or

260   Amendment of s 848 (Power to correct or amend)

(1)Section 848(3) and (4)—
omit, insert—

(3)Also, an official may, at any time, amend a condition of an authority if the authority holder agrees in writing to the amendment.

(4)The chief executive must record in the register the details of an amendment made under subsection (1) or (3), other than an amendment made to a gas work licence, gas work authorisation or gas device approval authority.

(4A)The chief inspector must record in the register kept under section 734AB an amendment made under subsection (1) or (3) to a gas work licence, gas work authorisation or gas device approval authority.

(2)Section 848(5), ‘subsections (1) and (4)’—
omit, insert—

subsections (1) and (3)

(3)Section 848(4A) to (6)—
renumber as section 848(5) to (7).

261   Replacement of s 851A (Public statements)

Section 851A—
omit, insert—

851A    Public statements by chief executive

(1)The chief executive may make or issue a public statement identifying, and giving information about, the following matters—

(a)the commission of offences against this Act and the persons who commit the offences;

(b)investigations conducted under this Act;

(c)action taken by authorised officers to enforce this Act.

(2)The statement may identify particular offences and persons.

(3)The chief executive must not issue a public statement under this section unless the chief executive is satisfied it is in the public interest to do so.

(4)No liability is incurred by the State for anything done in good faith for the purpose of issuing a public statement under this section.

(5)No liability is incurred by a person for publishing, in good faith, information that has been included in a public statement under this section.

(6)In this section—

liability includes liability in defamation.

851B    Publication of information by Minister, CEO or chief inspector

(1)The Minister, CEO or chief inspector may publish information about the following matters—

(a)the commission of offences against this Act and the persons who commit the offences;

(b)investigations conducted under this Act;

(c)action taken by inspectors or authorised officers to enforce this Act.

(2)Also, the Minister, CEO or chief inspector may publish the following information relating to relevant incidents—

(a)the total number of relevant incidents that happened in a particular period;

(b)a description of a relevant incident, including, for example, where and when a relevant incident happened;

(c)the details of the holder of an authority issued under this Act in relation to which a relevant incident happened;

(d)the injuries or deaths that occurred in a relevant incident;

(e)any other information about a relevant incident the Minister, CEO or chief inspector considers appropriate.

(3)The Minister, CEO or chief inspector must not publish information under this section unless satisfied that it is in the public interest to do so.

(4)No liability is incurred by the State or any other person for the publication of, or for anything done for the purpose of publishing, information under this section in good faith.

(5)Subsection (4) applies despite section 856.

(6)In this section—

liability includes liability in defamation.

relevant incident means—

(a)a designated accident or incident under section 705D(4); or

(b)a prescribed incident under section 706(1).

262   Amendment of s 856 (Protection from liability for particular persons)

Section 856(1)(c), after ‘department’—
insert—

or RSHQ

263   Amendment of s 858 (Approved forms)

(1)Section 858—
insert—

(1A)The CEO may approve forms for use —

(a)under chapter 9; and

(b)in relation to safety and health fees payable under a regulation.

(2)Section 858(2)—
omit, insert—

(2)The chief inspector may approve forms for use under chapters 7 to 10 and section 818.

(3)Section 858(1A) to (4)—
renumber as section 858(2) to (5).

264   Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions gas system and prescribed incidents—
omit.

(2)Schedule 2—
insert—

enforceable undertaking see section 841E(1).

gas system means a system that—

(a)consists of the following things in any combination—

(i)gas devices;

(ii)containers;

(iii)fittings;

(iv)flues;

(v)pipes;

(vi)devices that produce fuel gas; and

(b)either—

(i)is used with, or designed or intended to be used with, fuel gas; or

(ii)is used, or designed or intended to be used, to produce fuel gas for use in gas devices.

Examples of gas systems—

•an existing system of interconnected domestic gas devices installed in a dwelling house

•a gas device, and associated pipe work, added to an existing system

•a gas-fired industrial boiler installation

•pipes and fittings installed without a gas device in a dwelling house

•an electrolyser, and associated pipe work, used to produce fuel gas for use in a gas device

offender, for chapter 13, part 2, division 2, see section 841AB.

prescribed incident see section 706(1).

Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.

(3)Schedule 2, definition gas related device—
insert—

(f)a device used to produce fuel gas.

Part 6    Amendment of Resources Safety and Health Queensland Act 2020

265   Act amended

This part amends the Resources Safety and Health Queensland Act 2020.

266   Amendment of s 67 (CEO may disclose information to particular entities)

(1)Section 67(3), definition prescribed confidentiality provision, paragraph (d)—
omit.

(2)Section 67(3), definition prescribed entity, after paragraph (a)—
insert—

(aa)the chief executive of a department or another entity responsible for administering a law of the Commonwealth or a State about safety and health; or

(3)Section 67(3), definition prescribed entity, paragraphs (aa) to (c)—
renumber as paragraphs (b) to (d).

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