Work Health and Safety (Consequential Amendments) Act 2011 (ACT)

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Work Health and Safety (Consequential Amendments) Act 2011

A2011-55

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended—sch 1  2

4            Legislation repealed  2

Schedule 1 Legislation amended  3

Part 1.1    Children and Young People Act 2008  3

Part 1.2    Construction Occupations (Licensing) Act 2004          3

Part 1.3    Corrections Management Act 2007  4

Part 1.4    Crimes Act 1900  4

Part 1.5    Crimes (Sentence Administration) Act 2005              5

Part 1.6    Dangerous Substances Act 2004  5

Part 1.7    Dangerous Substances (Explosives) Regulation 2004     6

Part 1.8    Dangerous Substances (General) Regulation 2004        6

Part 1.9    Legislation Act 2001  8

Part 1.10   Radiation Protection Act 2006  9

Part 1.11   Utilities Act 2000  9

Part 1.12   Workers Compensation Act 1951  9

Part 1.13   Workers Compensation Regulation 2002               10

Work Health and Safety (Consequential Amendments) Act 2011

A2011-55

An Act to amend legislation because of the enactment of the Work Health and Safety Act 2011

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Work Health and Safety (Consequential Amendments) Act 2011.

  2. Commencement

    This Act commences on the commencement of the Work Health and Safety Act 2011.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended—sch 1

    This Act amends the legislation mentioned in schedule 1.

  4. Legislation repealed

    (1)The following legislation is repealed:

    ·    Work Safety Act 2008 (A2008-51);

    ·    Work Safety Regulation 2009 (SL2009-45);

    ·    Magistrates Court (Work Safety Infringement Notices) Regulation 2009 (SL2009-47).

    (2)All other legislative instruments under the Work Safety Act 2008 (A2008-51) are repealed.


Schedule 1Legislation amended

(see s 3)

Part 1.1Children and Young People Act 2008

[1.1]Part 21.3, note

substitute

NoteWork safety matters are dealt with in the Work Health and Safety Act 2011.

[1.2]Part 21.4, note

substitute

NoteWork safety matters are dealt with in the Work Health and Safety Act 2011.

Part 1.2Construction Occupations (Licensing) Act 2004

[1.3]Section 123AA, definition of public safety agency, paragraphs (g) to (i)

substitute

(g)the director-general responsible for the Work Health and Safety Act 2011;

(h)the commissioner appointed under the Work Health and Safety Act 2011;

(i)an inspector appointed under the Work Health and Safety Act 2011;

Part 1.3Corrections Management Act 2007

[1.4]Section 219 heading

substitute

  1. Detainee’s work—work health and safety

[1.5]Section 219 (1) and (3)

omit

Work Safety Act 2008

substitute

Work Health and Safety Act 2011

Part 1.4Crimes Act 1900

[1.6]Section 49E (7)

omit

director-general for the Work Safety Act 2008

substitute

regulator under the Work Health and Safety Act 2011

Part 1.5Crimes (Sentence Administration) Act 2005

[1.7]Section 320 heading

substitute

  1. Community service work—work health and safety

[1.8]Section 320 (1) and (3)

omit

Work Safety Act 2008

substitute

Work Health and Safety Act 2011

Part 1.6Dangerous Substances Act 2004

[1.9]Section 8 (1), note 2

omit

·    Work Safety Act 2008.

substitute

·    Work Health and Safety Act 2011.

Part 1.7Dangerous Substances (Explosives) Regulation 2004

[1.10]Schedule 2, section 2.1 (3)

omit

any work safety representative under the Work Safety Act 2008

substitute

a health and safety representative under the Work Health and Safety Act 2011

Part 1.8Dangerous Substances (General) Regulation 2004

[1.11]Section 203, new definition of health and safety representative

insert

health and safety representative—see the Work Health and Safety Act 2011, dictionary.

[1.12]Section 203, definition of work safety representative

omit

[1.13]Section 219 (7), definition of responsible person, paragraph (b)

substitute

(b)a health and safety representative of the employees at the premises where the exposed person works; or

[1.14]Section 226 (1) (b)

substitute

(b)any health and safety representative of the employees.

[1.15]Section 245 (3), notes 2 and 3

omit

work safety representatives

substitute

health and safety representatives

[1.16]Section 275 (2) (b)

substitute

(b)given to any health and safety representative of employees who handle dangerous substances at the controlled premises; and

[1.17]Section 276 (2)

omit

work safety representative

substitute

health and safety representative

[1.18]Section 277 (3) (b)

substitute

(b)given to any health and safety representative of employees who handle dangerous substances at the premises; and

[1.19]Section 278 (3) (b)

substitute

(b)given to any health and safety representative of employees who handle dangerous substances at the premises; and

[1.20]Section 279 (2) (b)

substitute

(b)any health and safety representative of those employees;

[1.21]Dictionary, new definition of health and safety representative

insert

health and safety representative, for chapter 2 (Certain dangerous substances)—see the Work Health and Safety Act 2011, dictionary.

[1.22]Dictionary, definition of work safety representative

omit

Part 1.9Legislation Act 2001

[1.23]Dictionary, part 1, definition of work safety commissioner

substitute

work safety commissioner means the work safety commissioner under the Work Health and Safety Act 2011.

Part 1.10Radiation Protection Act 2006

[1.24]Section 115 (4) (f)

substitute

(f)to the director-general of the administrative unit responsible for the Work Health and Safety Act 2011; or

Part 1.11Utilities Act 2000

[1.25]Section 20 (2) (l)

substitute

(l)the Work Health and Safety Act 2011.

Part 1.12Workers Compensation Act 1951

[1.26]Section 206 (2) (a), note

substitute

NoteThis function is given to the work safety council under the Work Health and Safety Act 2011, sch 2, s 2.2 (1) (a).

[1.27]Section 206 (2) (b), note 1

substitute

Note 1The power to set up an advisory committee if necessary to assist in the exercise of a function is given to the work safety council under the Work Health and Safety Act 2011, sch 2, s 2.16.

[1.28]Section 206 (3), definition of work safety council

substitute

work safety council means the work safety council established under the Work Health and Safety Act 2011, schedule 2, section 2.1.

Part 1.13Workers Compensation Regulation 2002

[1.29]Section 87 (2) (b) (iii)

substitute

(iii)be able to comply with the employer’s health and safety duties under the Work Health and Safety Act 2011; and

[1.30]Dictionary, definition of work safety council

substitute

work safety council means the work safety council established under the Work Health and Safety Act 2011, schedule 2, section 2.1.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 6 December 2011.

  2. Notification

    Notified under the Legislation Act on 14 December 2011.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Work Health and Safety (Consequential Amendments) Bill 2011, which was passed by the Legislative Assembly on 8 December 2011.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2011

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