Safety, Rehabilitation and Compensation Act 1988 Amendment Regulations 2001 (No. 1) (Cth)

Safety, Rehabilitation and Compensation Act 1988 Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 702

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

Dated 5 April 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

DAVID KEMP

Minister for Education, Training and Youth Affairs

for the Prime Minister

1Name of Regulations

 These Regulations are the Safety, Rehabilitation and Compensation Act 1988 Amendment Regulations 2001 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Safety, Rehabilitation and Compensation Act 1988

Schedule 1 amends the Safety, Rehabilitation and Compensation Act 1988.

Schedule 1Amendments

  

(regulation 3)

[1]Subsection 4 (1), after definition of employee

insert

Entity means:

• (a)

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

• (b)

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

• (c)

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

[2]Subsection 4 (1), after the second definition of principal officer

insert

principal officer, in relation to an Entity, means:

• (a)

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

• (b)

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

• (c)

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

[3]Subsection 4 (1), definition of rehabilitation authority, paragraph (c)

substitute

• (c)

  if the employee is employed by an Entity or a Commonwealth authority, other than an exempt authority — the principal officer of the Entity or the Commonwealth authority in which the employee is employed.

[4]Section 41A

omit

the Secretary to a Department or the principal officer of a Commonwealth authority or of a licensed corporation

insert

the principal officer of an Entity, a Commonwealth authority or a licensed corporation

[5]Paragraph 54 (4) (b)

omit

the Secretary of the Department, or the principal officer of the Commonwealth authority or licensed corporation,

insert

the principal officer of the Entity, Commonwealth authority or licensed corporation

[6]Section 70A

omit

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

insert

the principal officer of an Entity or a Commonwealth authority,

[7]Subsection 71 (1)

omit

the Secretary of a Department or the principal officer of a Commonwealth authority or of a licensed corporation

insert

the principal officer of an Entity, a Commonwealth authority or a licensed corporation

[8]Subsection 71 (1)

omit each mention of

the Department

insert

the Entity

[9]Subsections 71 (1) and (2)

omit

Secretary or

[10]Subsection 96C (2)

omit

The Secretary to each Department, and the principal officer of each Commonwealth authority,

insert

The principal officer of each Entity and each Commonwealth authority

[11]Subsection 96C (3)

omit

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

insert

The principal officer of an Entity or a Commonwealth authority

[12]Subsection 96D (1)

omit

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

insert

the principal officer of the Entity or the Commonwealth authority

[13]Subsection 96D (2)

omit each mention of

Secretary or

[14]Paragraph 96D (4) (b)

omit

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

insert

the principal officer of the Entity or the Commonwealth authority

[15]Paragraph 96F (1) (b)

omit

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

insert

the principal officer of the Entity or the Commonwealth authority

[16]Subsection 96F (1)

omit

Secretary or

[17]Paragraph 96G (2) (a)

omit

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

insert

the principal officer of the Entity or the authority

[18]Paragraph 96G (2) (c) and subsection 96G (3)

omit

Secretary or

[19]Subsection 96G (4)

omit

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

insert

the principal officer of an Entity or a Commonwealth authority,

[20]Subsection 96G (4)

omit

Secretary or

[21]Subsection 96H (2) and paragraph 96H (5) (a)

omit

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

insert

the principal officer of the Entity or Commonwealth authority

[22]Paragraph 96J (3) (b)

omit

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

insert

the principal officer of the relevant Entity or Commonwealth authority

[23]Subsection 96K (1)

omit

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

insert

The principal officer of an Entity or a Commonwealth authority

[24]Paragraph 96K (2) (b)

omit

Secretary or

[25]Paragraph 98 (1) (b) and subsection 98 (2)

omit

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

insert

the principal officer of the Entity or Commonwealth authority

[26]Subsection 114A (2), definition of appropriate officer, paragraph (a)

substitute

• (a)

  if the employee is employed in an Entity — the principal officer of that Entity; or

[27]Subsection 114A (2), definitions of Department and Secretary

omit

[28]Further amendments

 

Provision	omit	insert
Subsection 4 (1), definition of exempt authority	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Subsection 4 (1), definition of premium	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Section 35	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Section 41A	that Department,	that Entity,
Paragraphs 70A (a) and (b)	Department,	Entity,
Subsection 90C (4), definition of premium	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Section 96	Department	Entity
Subsection 96A (1)	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Subsection 96A (1)	the Department	the Entity
Subsection 96A (2), definition of bonus amount	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Subsection 96A (2), definition of bonus amount	the Department	the Entity
Subsection 96A (2), definition of bonus amount, paragraphs (a), (c) and (d)	Department	Entity
Subsection 96A (2), definition of penalty amount	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Subsection 96A (2), definition of penalty amount	the Department	the Entity
Subsection 96A (2), definition of penalty amount, paragraphs (a), (c) and (d)	Department	Entity
Subsection 96A (2), definition of prescribed amount	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Subsection 96A (2), definition of Estimated liability, paragraph (a)	a Department,	an Entity,
Subsection 96A (2), definition of Estimated liability, paragraph (a)	the Department	the Entity
Subsection 96A (2), definition of Estimated administrative costs	the Department	the Entity
Subsection 96A (2), definition of Estimated administrative costs, paragraph (a)	a Department,	an Entity,
Subsections 96C (2) and (3)	the Department	the Entity
Paragraph 96F (1) (a)	a Department	an Entity
Subsection 96G (2)	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Paragraph 96G (2) (b), subsection 96H (1), paragraphs 96H (1) (c) and (5) (b)	Department	Entity
Paragraph 96H (7) (a)	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Subsection 96H (7)	the Department	the Entity
Subsections 96H (8) and 96J (2)	a Department	an Entity
Paragraph 96J (2) (a)	Department	Entity
Subsection 96J (5)	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Subsection 96J (5)	the Department	the Entity
Subsection 96J (6)	a Department or Commonwealth authority	an Entity or a Commonwealth authority
Paragraph 96K (1) (a)	Department	Entity
Subsection 114A (2), definition of appropriate officer, paragraph (b)	a Department	an Entity

Notes

1. These Regulations amend Act No. 75, 1988, as amended by Act Nos. 109 (as amended by Nos. 6 and 92, 1994) and 135, 1988; No. 68 (as amended by No. 43, 1996), 1990; Nos. 70 and 122 (as amended by No. 95, 1992), 1991; Nos. 7 (as amended by No. 95, 1992), 95, 196 (as amended by No. 60, 1993; No. 168, 1994), 233 and 264, 1992; No. 109, 1993; Nos. 54 (as amended by No. 118, 1995) and 64, 1994; Nos. 43, 168 and 175, 1995; No. 43, 1996; Nos. 96, 152, 157 and 177, 1997; Nos. 13, 83, 146 and 156, 1999; Statutory Rules 1999 No. 301 (as amended by 2000 No. 332); Act Nos. 9 and 163, 2000.

2. Notified in the Commonwealth of Australia Gazette