Work Health and Safety (Codes of Practice) (Stevedoring and Other Matters) Amendment Notice 2022 (Qld)

Part 1    Preliminary

1   Short title

This notice may be cited as the Work Health and Safety (Codes of Practice) (Stevedoring and Other Matters) Amendment Notice 2022.

2   Commencement

(1)Part 2 commences on 1 January 2023.

(2)Part 3 commences on 31 March 2023.

3   Notice amended

This notice amends the Work Health and Safety (Codes of Practice) Notice 2022.

Part 2    Amendments commencing on 1 January 2023

4   Amendment of s 5 (Variation of approved codes of practice)

(1)Section 5, after paragraph (a)—
insert—

(aa)the date stated in schedule 1 as the date on which the code of practice was varied by the ministerial instrument stated in the entry is the date on which the ministerial instrument commenced; and

(2)Section 5(aa) and (b)—
renumber as section 5(b) and (c).

5   Amendment of sch 1 (Approved codes of practice)

(1)Schedule 1, part 2, entries 1, 3, 9, 11, 12, 13, 17, 21, 24 and 25, column 2, after dot point—
insert—

•  varied by MI 2022 No. 3 on 1 January 2023

(2)Schedule 1, part 2, entry 15, column 2, second dot point—
omit, insert—

•  varied by MI 2020 No. 1 on 1 July 2020 and MI 2022 No. 3 on 1 January 2023

6   Amendment of sch 2 (Dictionary)

Schedule 2—
insert—

MI 2022 No. 3 means the ministerial instrument titled ‘Work Health and Safety Variation of Codes of Practice (No. 2) 2022’.

Part 3    Amendments commencing on 31 March 2023

7   Amendment of s 4 (Approved codes of practice)

Section 4(3)—
omit, insert—

(3)If the entry for the code of practice in schedule 1 states that it has been approved as a code of practice by a ministerial instrument stated in the entry—

(a)the code of practice was approved by the ministerial instrument stated in the entry; and

(b)if the ministerial instrument was made on or after 1 August 2022, the inclusion of the approval in schedule 1 is notice for the purposes of section 274(4) of the Act that the ministerial instrument stated in the entry approving the code of practice has been made by the Minister.

Note—

Notice, under section 274(4) of the Act, of the approval of a code of practice by a ministerial instrument made before 1 August 2022 was given under the Work Health and Safety (Codes of Practice) Notice 2011, repealed under section 7.

8   Amendment of s 5 (Variation of approved codes of practice)

Section 5, note, ‘section 6’—
omit, insert—

section 7

9   Insertion of new s 5A

After section 5—
insert—

5A   Revocation of approved codes of practice

If the entry in schedule 1A for an approved code of practice states that the code of practice has been revoked by a ministerial instrument stated in the entry—

(a)the code of practice was revoked by the ministerial instrument stated in the entry; and

(b)the inclusion of the revocation in schedule 1A is notice for the purposes of section 274(4) of the Act that the ministerial instrument stated in the entry revoking the code of practice has been made by the Minister.

10   Renumbering of ss 5A and 6

Sections 5A and 6—
renumber as sections 6 and 7.

11   Amendment of sch 1 (Approved codes of practice)

Schedule 1, part 2, entry 16—
omit, insert—

16 Managing Risks in Stevedoring Code of Practice 2023 •  approved as a code of practice by MI 2022 No. 4 31 March 2023

12   Insertion of new sch 1A

After schedule 1—
insert—

Schedule 1A Revoked codes of practice

section 6

Code of practice	Commencement date	Revocation date
1	Managing Risks in Stevedoring Code of Practice 2018 •  revoked as a code of practice by MI 2022 No. 5	31 March 2018	31 March 2023

13   Amendment of sch 2 (Dictionary)

(1)Schedule 2, definition MI 2018 No. 1—
omit.

(2)Schedule 2—
insert—

MI 2022 No. 4 means the ministerial instrument titled ‘Work Health and Safety Approval of Code of Practice (No. 1) 2022’.

MI 2022 No. 5 means the ministerial instrument titled ‘Work Health and Safety Revocation of Code of Practice (No. 1) 2022’.

(3)Schedule 2, definition ministerial instrument, paragraph (b), after ‘vary’—
insert—

or revoke