Workers' Compensation and Rehabilitation and Other Legislation Amendment Regulation (No. 1) 2004 (Qld)

Queensland Workers’ Compensation and Rehabilitation and Other Legislation Amendment Regulation (No. 1) 2004 Subordinate Legislation 2004 No. 289 made under the Electrical Safety Act 2002 Workers’ Compensation and Rehabilitation Act 2003 Workplace Health and Safety Act 1995 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Workers’ Compensation and RehabilitationRegulation 2003 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Replacement of s 5 (WorkCover’s solvency—Act, s 453) . . . . . . 5 5 WorkCover’s capital adequacy—Act, s 453 . . . . . . . . 5 Amendment of s 8 (Assessment of premium) . . . . . . . . . . . . . . . 5 Replacement of s 15 (Cancellation of policy on ceasing to employ workers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 15 Former employer may apply to cancel policy . . . . . . . 6 15A Cancellation of policy if workers no longer employed .......................... 6 Replacement of s 16 (Excess period—Act, s 65). . . . . . . . . . . . . 7 16 Excess period—Act, s 65 . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 18 (Amount payable to insure against payment for excess period—Act, s 67). . . . . . . . . . . . . . . . . . . . . 8

10 11 12 13 14 15 16 17 18 19 Part 3 20 21 22 23 24 25 26 27 28 29 2 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 Amendment of pt 2, div 4, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 22 (Conditions of licence—Act, s 83) . . . . . . . . Replacement of s 23A (Deemed premium for appeals—Act, s 569(2)(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23A Deemed levy for appeals—Act, s 569(2)(a) . . . . . . . . Omission of s 90 (Maximum liability for cost of hospitalisation—Act, s 218) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 91 (Special medical treatment, hospitalisation or medical aid) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 112A and 112B . . . . . . . . . . . . . . . . . . . . . . . 112A Insurer may add another person as contributor—Act, s 278A . . . . . . . . . . . . . . . . . . . . 112B Contributor’s response—Act, s 278B . . . . . . . . . . . . . Amendment of pt 8, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 113 (Costs—proceeding before industrial magistrate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 10, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Transitional provisions for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Regulation (No. 1) 2004 123 Costs in proceedings before industrial magistrate . . . 124 Excess period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Workplace Health and Safety Regulation1997 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 2, hdg (Registrable workplaces, registrable plant and registrable plant design) . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 2, div 1 (Registration of registrable workplaces). . Amendment of s 16 (Plant not to be installed or used unless certificate of registration is in force) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 16C (Certificate number to be marked on plant) ....................................... Amendment of s 34 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 40 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . 40 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 168 (Meaning of competent person) . . . . . . . . . Amendment of s 181 (Definitions for pt 18) . . . . . . . . . . . . . . . . . 8 8 8 8 9 9 9 9 9 10 10 11 11 11 11 12 12 12 12 13 13 13 13 13 13 14

30 31 32 33 Part 4 34 35 36 37 38 3 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 Insertion of new s 229A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229A Time for giving workplace health and safety undertaking ............................ Replacement of schs 1–3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 1 Fees 1 Notification of building and construction work . . . . . . 2 Registration, or renewal of registration, of registrable plant . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Application for a certificate of registrable plant design .............................. 4 Certificates—prescribed occupations and workplace health and safety officers . . . . . . . . . . . . . 5 Certificates—prescribed activities . . . . . . . . . . . . . . . 6 Certificate of appointment as an accredited provider ........................... 7 Report about occupational health and safety performance for the Workers’ Compensation andRehabilitation Act 2003 . . . . . . . . . . . . . . . . . . . . . . . Schedule 3 Registrable plant Amendment of sch 4 (Registrable plant design for employer, self-employed person or supplier) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Electrical Safety Regulation 2002 Regulation amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 13, div 2, hdg (Mines and petroleum plants) . Insertion of new s 207A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207A Prescribed workplaces—Act, s 18(2)(d). . . . . . . . . . . Insertion of new s 210A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210A Time for giving electrical safety undertaking . . . . . . . Insertion of new sch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 6A Prescribed workplaces 14 14 14 14 15 16 16 16 17 17 19 19 21 21 22 22 22 22 22

s1 4 s4 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 Part 1 Preliminary 1 Short title This regulation may be cited as the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Regulation (No. 1) 2004 . 2 Commencement (1) Sections 30 and 37 commence on 1 January 2005. (2) Sections 21 to 23, 26, 27, 31, 33, 35, 36 and 38 commence on 1 February 2005. (3) Sections 5, 6, 8, 9 and 19 (to the extent it inserts section 124) commence on 1 July 2005. (4) Sections 13 and 14 commence on the day the Workers Compensation and Rehabilitation and Other Acts Amendment Act 2004 , section 40 commences. (5) Sections 16 and 17(1) to (3) commence on the day the Workers Compensation and Rehabilitation and Other Acts Amendment Act 2004 , section 68 commences. Part 2 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 3 Regulation amended in pt 2 This part amends the Workers’CompensationandRehabilitation Regulation 2003. 4 Amendment of s 3 (Definitions) Section 3—

s5 5 s7 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 insert— ‘ last employment period see section 15(3)(b)(ii).’. 5 Replacement of s 5 (WorkCover’s solvency—Act, s 453) Section 5— omit, insert— ‘5 WorkCover’s capital adequacy—Act, s 453 ‘In order to maintain capital adequacy for section 453(1)(b) of the Act, WorkCover must— (a) meet the minimum capital requirements for insurers prescribed under Prudential Standard GPS 110 1 under the Insurance Act 1973 (Cwlth); and (b) calculate its capital adequacy in a way prescribed under Prudential Standard GPS 110 under the Insurance Act 1973 (Cwlth).’. 6 Amendment of s 8 (Assessment of premium) (1) Section 8(3), (4), (8) and (9)— omit. (2) Section 8(5) to (7)— renumber as section 8(3) to (5). 7 Replacement of s 15 (Cancellation of policy on ceasing to employ workers) Section 15— omit, insert— 1 Prudential Standard GPS 110 (Capital adequacy for general insurers) can be obtained from the Australian Prudential Regulatory Authority (APRA) or < s7 6 s7 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 ‘15 Former employer may apply to cancel policy ‘(1) This section applies if a person wishes to cancel a policy because the person has stopped employing workers (a former employer ). ‘(2) This section does not apply to a former employer of only household workers. ‘(3) The former employer must give WorkCover— (a) written notice that the former employer— (i) stopped employing workers on and from a date stated in the notice; and (ii) wishes to cancel the policy; and (b) written details of— (i) the address to which any document addressed to the former employer may be sent; and (ii) the former employer’s wages in relation to the period starting on 1 July last preceding the day on which employment of workers stopped and ending on that day ( last employment period ). ‘15A Cancellation of policy if workers no longer employed ‘(1) This section applies if— (a) a person (a former employer ) has notified WorkCover under section 15 that the former employer has stopped employing workers; or (b) WorkCover is satisfied, after making reasonable enquiries, that a person has stopped employing workers (also a former employer) . ‘(2) WorkCover may cancel the former employer’s policy. 2 2 For WorkCover’s liability to pay compensation for an injury sustained by a worker, see section 109(2) (Who must pay compensation) of the Act.

s8 7 s8 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 ‘(3) WorkCover must assess the premium payable by the former employer for the period during which the former employer was required by the Act to maintain a policy. ‘(4) If the premium paid by the former employer for the last employment period is— (a) greater than the amount of premium assessed under subsection (3)—WorkCover must refund to the former employer the amount overpaid; or (b) less than the amount of premium assessed under subsection (3)—the former employer must pay WorkCover the amount of the deficit on or before the due date under a final premium notice issued for the amount of the deficit. ‘(5) This section does not limit anything in chapter 2, part 3, division 2 3 of the Act.’. 8 Replacement of s 16 (Excess period—Act, s 65) Section 16— omit, insert— ‘16 Excess period—Act, s 65 ‘(1) For section 65(2) of the Act, the amount prescribed is $500. ‘(2) However, if the amount of weekly compensation payable to a worker under chapter 3, part 9 4 of the Act is equal to or less than $500, the amount prescribed for section 65(2) of the Act is an amount equal to the weekly amount less $1. Example of amount prescribed for subsection (2) — An injured worker engaged in part-time employment has an entitlement to a weekly payment of compensation of $200. The amount prescribed is $199.’. 3 Chapter 2 (Employer’s obligations), part 3 (Insurance under WorkCover policies generally), division 2 (Assessments on contravention of general obligation to insure) of the Act 4 Chapter 3 (Compensation), part 9 (Weekly payment of compensation) of the Act

s 9 8 s 12 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 9 Amendment of s 18 (Amount payable to insure against payment for excess period—Act, s 67) Section 18(2)(a), ‘8.5%’— omit, insert— ‘5%’. 10 Amendment of pt 2, div 4, hdg Part 2, division 4, heading, ‘ 4 ’— omit, insert— ‘ 3 ’. 11 Amendment of s 22 (Conditions of licence—Act, s 83) Section 22(c)— omit. 12 Replacement of s 23A (Deemed premium for appeals—Act, s 569(2)(a)) Section 23A— omit, insert— ‘23A Deemed levy for appeals—Act, s 569(2)(a) ‘(1) For section 569(2)(a) 5 of the Act, deemed levy, for a self-insurer for a financial year of the self-insurer’s licence, is an amount calculated under the formula— DL = ECL × R ‘(2) In subsection (1)— DL means deemed levy. ECL means estimated claims liability calculated under part 4, division 3A that was used to calculate the annual levy under section 20. 5 Section 569 (Starting appeals) of the Act

s 13 9 s 15 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 R means the rate published in the industrial gazette under section 81 6 of the Act for the particular financial year.’. 13 Omission of s 90 (Maximum liability for cost of hospitalisation—Act, s 218) Section 90— omit. 14 Amendment of s 91 (Special medical treatment, hospitalisation or medical aid) Section 91(5)— omit. 15 Insertion of new ss 112A and 112B Part 7, after section 112— insert— ‘112A Insurer may add another person as contributor—Act, s 278A ‘For section 278A(1) of the Act, the time prescribed is the later of the following— (a) 60 business days after the insurer receives the notice of claim; (b) 5 business days after the insurer identifies someone else as a contributor. ‘112B Contributor’s response—Act, s 278B ‘For section 278B(1)(a) of the Act, the contributor’s response must state the following— (a) the contributor’s full name; (b) the contributor’s business address; 6 Section 81 (Annual levy payable) of the Act

s 16 10 s 17 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 (c) the contributor’s postal address; (d) the name and contact details of the contributor’s legal representatives, if appointed; (e) the contributor’s ABN, if any; (f) if the contributor is a corporation— (i) the corporation’s ACN; and (ii) the corporation’s registered office.’. 16 Amendment of pt 8, div 1, hdg Part 8, division 1, heading, after ‘ magistrate ’— insert— ‘ or industrial commission ’. 17 Amendment of s 113 (Costs—proceeding before industrial magistrate) (1) Section 113, heading, after ‘ magistrate ’— insert— ‘ or industrial commission ’. (2) Section 113(1), (2)(a)(ii) and (3)(b), after ‘industrial magistrate’— insert— ‘or the industrial commission’. (3) Section 113(1) and (2), after ‘the magistrate’— insert— ‘or commission’. (4) Section 113(2)(a)(i), after ‘schedule 3’— insert— ‘, scale E’.

s 18 11 s 19 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 18 Replacement of pt 10, hdg Part 10, heading— omit, insert— ‘Part 10 Transitional provisions ‘Division 1 Transitional provisions for Workers’Compensation and RehabilitationAmendment Regulation (No. 1)2004’. 19 Insertion of new pt 10, div 2 After section 122— insert— ‘Division 2 Transitional provisions for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Regulation (No. 1) 2004 ‘123 Costs in proceedings before industrial magistrate ‘Section 113, 7 as in force immediately before the commencement of this section, continues to apply in relation to a hearing that started before the commencement as if the Workers’CompensationandRehabilitationandOtherLegislationAmendmentRegulation(No.1)2004 , section 17(4) had not been made. ‘124 Excess period ‘Section 16, 8 as in force immediately before the commencement of this section, continues to apply in relation to an injury sustained by a worker before 1 July 2005 as if the 7 Section 113 (Costs—proceeding before industrial magistrate) 8 Section 16 (Excess period—Act, s 65)

s 20 12 s 23 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 Workers’CompensationandRehabilitationandOtherLegislationAmendmentRegulation(No.1)2004 , section 8 had not been made.’. Part 3 Amendment of Workplace Health and Safety Regulation 1997 20 Regulation amended in pt 3 This part amends the Workplace Health and Safety Regulation1997. 21 Amendment of s 4 (Fees) (1) Section 4(2), ‘registrable workplace or’— omit. (2) Section 4(2), ‘workplace or’— omit. 22 Replacement of pt 2, hdg (Registrable workplaces, registrable plant and registrable plant design) Part 2, heading— omit, insert— ‘Part 2 Registrable plant and registrable plant design’. 23 Omission of pt 2, div 1 (Registration of registrable workplaces) Part 2, division 1— omit.

s 24 13 s 28 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 24 Amendment of s 16 (Plant not to be installed or used unless certificate of registration is in force) Section 16(3)(b)— omit, insert— ‘(b) an LP gas cylinder;’. 25 Amendment of s 16C (Certificate number to be marked on plant) Section 16C(3)(b)— omit, insert— ‘(b) an LP gas cylinder;’. 26 Amendment of s 34 (Definition) (1) Section 34, definition certificate , paragraph (a)— omit. (2) Section 34, definition certificate , paragraphs (b) to (g)— renumber as paragraphs (a) to (f). 27 Replacement of s 40 (Definition) Section 40— omit, insert— ‘40 Definition for div 2 ‘In this division— certificate means— (a) a certificate of registration of registrable plant; or (b) a certificate of authority for appointment as a workplace health and safety officer.’. 28 Amendment of s 168 (Meaning of competent person ) Section 168(1)(b)(i), ‘and of advisory standards, industry codes’—

s 29 14 s 31 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 omit, insert— ‘, relevant codes’. 29 Amendment of s 181 (Definitions for pt 18) Section 181, definition competent person , paragraph (c), ‘advisory standards, industry’— omit. 30 Insertion of new s 229A After section 229— insert— ‘229A Time for giving workplace health and safety undertaking For section 42DA(2) 9 of the Act, a workplace health and safety undertaking must be received by the chief executive within 90 days after the identified person for the undertaking is served with a summons in relation to the alleged contravention.’. 31 Replacement of schs 1–3 Schedules 1 to 3— omit, insert— ‘Schedule 1 Fees section 4 ‘1 Notification of building and construction work ‘(1) This section sets the fee for the notification of building and construction work. $ 9 Section 42DA (Giving workplace health and safety undertaking) of the Act

s 31 15 s 31 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 ‘(2) The fee is 0.125% of the cost of the building and construction work. $ ‘2 Registration, or renewal of registration, of registrable plant ‘(1) This section sets the fee for registration, or renewal of registration, of registrable plant. ‘(2) The fee is— (a) subject to subsection (3), for a boiler with a heating surface of— (i) not more than 5 m 2 . . . . . . . . . . . . . . 56.60 (ii) more than 5 m 2 but 10 m 2 or less . . . . 135.60 (iii) more than 10 m 2 but 60 m 2 or less . . . 212.90 (iv) more than 60 m 2 but 500 m 2 or less . . 407.90 (v) more than 500 m 2 but 2 000 m 2 or less 721.70 (vi) more than 2 000 m 2 . . . . . . . . . . . . . . 1 218.80 (b) for an unfired pressure vessel with a capacity of— (i) more than 0.5 m 3 but 5 m 3 or less. . . . 61.30 (ii) more than 5 m 3 but 15 m 3 or less . . . . 104.80 (iii) more than 15 m 3 but 30 m 3 or less . . . 157.80 (iv) more than 30 m 3 . . . . . . . . . . . . . . . . 207.60 (c) for a crane or hoist (other than vehicle hoists, building maintenance units or elevating work platforms) with a safe working load of— (i) not more than 10 t . . . . . . . . . . . . . . . 114.30 (ii) more than 10 t but 50 t or less . . . . . . 240.50 (iii) more than 50 t . . . . . . . . . . . . . . . . . . 300.90 (d) for a building maintenance unit . . . . . . . . . 62.50 (e) for a service lift . . . . . . . . . . . . . . . . . . . . . 43.30 (f) for a lift other than a service lift . . . . . . . . 75.20 plus 17.40 for each floor (g) for an escalator. . . . . . . . . . . . . . . . . . . . . . 58.20 (h) for an airconditioning unit . . . . . . . . . . . . . 141.90

s 31 16 s 31 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 (i) for a specified amusement device that is classified as— (i) a class 2 amusement device. . . . . . . . (ii) a class 3 amusement device. . . . . . . . (iii) a class 4 amusement device. . . . . . . . (iv) a class 5 amusement device. . . . . . . . ‘(3) If a boiler is heated electrically, the fee payable must be worked out on the basis that 1 kW equals 0.08 m 2 of heating surface. $ 114.30 174.80 240.50 240.50 ‘3 Application for a certificate of registrable plant design ‘The fee for an application for a certificate of registration of registrable plant design is . . . . . . 75.00 ‘4 Certificates—prescribed occupations and workplace health and safety officers ‘(1) This section sets the fee for, or in relation to, the following— (a) a certificate to work in a prescribed occupation under part 3; (b) a certificate of authority for appointment as a workplace health and safety officer under part 4. ‘(2) The fee is— (a) for an assessment of qualifications or experience for a certificate. . . . . . . . . . . . . 23.70 (b) for an application for a certificate . . . . . . . 47.10 (c) for an application to replace a lost, stolen or destroyed certificate . . . . . . . . . . . . . . . 23.70 ‘5 Certificates—prescribed activities ‘(1) This section sets the fees relating to a certificate to perform a prescribed activity under part 3A. ‘(2) The fee is— (a) for an application for a certificate . . . . . . . 47.10

s 31 17 s 31 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 (b) for an application to replace a lost, stolen or destroyed certificate . . . . . . . . . . . . . . . $ 23.70 ‘6 Certificate of appointment as an accredited provider ‘(1) This section sets the fees relating to a certificate of appointment as an accredited provider. ‘(2) The fee is— (a) for an assessment of an application for a certificate— (i) for a certificate of appointment as an accredited provider whose functions under section 178(2) of the Actinclude assessing a person’s competency to perform work in a prescribed occupation, for each year or part of a year of accreditation . . . . 134.90 (ii) for any other certificate . . . . . . . . . . . 404.70 (b) for an application for a certificate . . . . . . . 47.10 (c) for an application to replace a lost, stolen or destroyed certificate . . . . . . . . . . . . . . . 23.70 ‘7 Report about occupational health and safety performance for the Workers’ Compensationand Rehabilitation Act 2003 ‘(1) This section sets the fee for the preparation of a report about the occupational health and safety performance of an employer or group employer for an application or renewal for self-insurance under the Workers’CompensationandRehabilitation Act 2003 . ‘(2) The fee is— (a) for an employer . . . . . . . . . . . . . . . . . . . . . 847.80 (b) for a group employer . . . . . . . . . . . . . . . . . 1 126.50

s 31 18 s 31 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 ‘Schedule 3 Registrable plant schedule 9, definition registrable plant 1 air conditioning units 2 specified amusement devices 3 boilers categorised as hazard level A, B or C under the criteria mentioned in AS 4343, 10 as in force on 1 July 2000 4 building maintenance units 5 cooling towers 6 lifts other than lifts installed in a private residence within the meaning given by AS 1735 11 7 escalators 8 mobile cranes with a safe working load of more than 10 t, other than those that are manually powered 9 pressure vessels categorised as hazard level A, B or C under the criteria mentioned in AS 4343, as in force on 1 July 2000, other than— (a) refillable gas cylinders mentioned in AS 2030; 12 and (b) LP gas fuel vessels for automotive use mentioned in AS 3509; 13 and (c) serial produced vessels mentioned in AS 2971 14 10 tower cranes, other than those that are manually powered 11 truck-mounted concrete placing units with booms, other than those that are manually powered’. 10 AS 4343 (Pressure equipment – hazard levels) 11 AS 1735 (Lifts, escalators and moving walks) 12 AS 2030 (SAA gas cylinders code) 13 AS 3509 (LP (liquefied petroleum) gas fuel vessels for automotive use) 14 AS 2971 (Serially produced pressure vessels)

s 32 19 s 33 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 32 Amendment of sch 4 (Registrable plant design for employer, self-employed person or supplier) Schedule 4, item 7— omit, insert— ‘7 LP gas cylinder’. 33 Amendment of sch 9 (Dictionary) (1) Schedule 9, definition registrable workplace — omit. (2) Schedule 9— insert— ‘ boiler — (a) means a vessel or arrangement of vessels and interconnecting parts in which— (i) steam or other vapour is generated; or (ii) water or other liquid is heated at a pressure above that of the atmosphere; by the application of fire, the products of combustion, electrical power, or similar high temperature means; and (b) includes superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, the boiler setting and directly associated equipment; and (c) does not include a fully flooded or pressurised system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid. fired heater means a pressure vessel in which— (a) a liquid is heated below its atmospheric boiling temperature; or (b) a process fluid is heated in tubes above or below its atmospheric boiling temperature;

s 33 20 s 33 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 by the application of fire, the products of combustion, electrical power, or similar high temperature means. mobile crane means a crane that— (a) is capable of travelling over a supporting surface without the need for fixed runways (including railway tracks); and (b) relies only on gravity for stability, that is, with no vertical restraining connection between itself and the supporting surface and no horizontal restraining connection (other than frictional forces at supporting surface level) that may act as an aid to stability. pressure piping — (a) means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey fluid or to transmit fluid pressure; and (b) includes distribution headers, bolting, gaskets, pipe supports and pressure retaining accessories; and (c) does not include a boiler, pressure vessel or a pipeline. pressure vessel — (a) means a vessel subject to internal or external pressure; and (b) includes— (i) interconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping; and (ii) a fired heater; and (iii) a refillable gas cylinder; and (c) does not include a boiler or pressure piping. truck-mounted concrete placing unit with boom means plant that— (a) is used to place concrete by way of pumping concrete through a pipeline attached to or forming part of the boom; and

s 34 21 s 35 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 (b) is capable of travelling over a supporting surface without the need for fixed runways (including railway tracks); and (c) relies on gravity for stability, that is, with no vertical restraining connection between itself and the supporting surface and no horizontal restraining connection (other than frictional forces at supporting surface level) that may act as an aid to stability.’. (3) Schedule 9, definition people mover , paragraph (e)— omit, insert— ‘(e) an escalator; or’. (4) Schedule 9, definition registrable plant design , paragraph (b), ‘gas cylinder’— omit, insert— ‘LP gas cylinder’. Part 4 Amendment of Electrical Safety Regulation 2002 34 Regulation amended in pt 4 This part amends the Electrical Safety Regulation 2002. 35 Replacement of pt 13, div 2, hdg (Mines and petroleum plants) Part 13, division 2, heading— omit, insert— ‘Division 2 Mines, petroleum plants and prescribed workplaces’.

s 36 22 s 38 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 36 Insertion of new s 207A Part 13, division 2, after section 207— insert— ‘207A Prescribed workplaces—Act, s 18(2)(d) ‘(1) For section 18(2)(d) 15 of the Act, a workplace is prescribed if— (a) activities of a kind stated in schedule 6A are conducted at the workplace; and (b) 1 or more persons (whether an employer, self-employed person or person employed part-time or full-time) are employed in a financial year at the workplace. ‘(2) Schedule 6A categorises workplaces according to the activities of persons employed at the workplaces using a system known as the Australian and New Zealand Standard Industrial Classification ( ANZSIC ). ‘(3) A category of workplace stated in schedule 6A, column 2 has the ANZSIC class stated in the schedule, column 1.’. 37 Insertion of new s 210A After section 210— insert— ‘210A Time for giving electrical safety undertaking ‘For section 49A(2) 16 of the Act, an electrical safety undertaking must be received by the chief executive within 90 days after the identified person for the undertaking is served with a summons in relation to the alleged contravention.’. 38 Insertion of new sch 6A After schedule 6— 15 Section 18 (Meaning of electrical work ) of the Act 16 Section 49A (Giving electrical safety undertaking) of the Act

s 38 23 s 38 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 insert— ‘Schedule 6A Prescribed workplaces section 207A Column 1 2811 2812 2813 2819 2821 2822 2823 2824 2829 2832 2839 2841 2842 2849 2851 2852 2853 2854 2859 2862 2863 2864 2865 2866 2867 Column 2 Motor vehicle manufacturing Motor vehicle body manufacturing Automotive electrical and instrument manufacturing Automotive component manufacturing N.E.C. Shipbuilding Boatbuilding Railway equipment manufacturing Aircraft manufacturing Transport equipment manufacturing N.E.C. Medical and surgical equipment manufacturing Professional and scientific equipment manufacturing N.E.C. Computer and business machine manufacturing Telecommunication, broadcasting and transceiving equipment manufacturing Electronic equipment manufacturing N.E.C. Household appliance manufacturing Electric cable and wire manufacturing Battery manufacturing Electric light and sign manufacturing Electrical equipment manufacturing N.E.C. Mining and construction machinery manufacturing Food processing machinery manufacturing Machine tool and part manufacturing Lifting and material handling equipment manufacturing Pump and compressor manufacturing Commercial space heating and cooling equipment manufacturing

s 38 24 s 38 Workers’ Compensation and Rehabilitation and Other No. 289, 2004 Legislation Amendment Regulation (No. 1) 2004 Column 1 2869 2911 2919 5261 7810 Column 2 Industrial machinery and equipment manufacturing N.E.C. Prefabricated metal building manufacturing Prefabricated building manufacturing N.E.C. Household equipment repair services (Electrical) Scientific research’. ENDNOTES 1 Made by the Governor in Council on 16 December 2004. 2 Notified in the gazette on 17 December 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Industrial Relations. © State of Queensland 2004