Workplace Health and Safety Amendment Regulation (No. 2) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 185 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 2) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of pt 2 (Registration of registrable workplaces, plant and plant design) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of pt 3 (Notifications and records) . . . . . . . . . . . . . . . . . . . . . . 3 Division 3—Notifiable building and construction work 17A Notification of building and construction work . . . . . . . . . . . . . . . . . 3 17B Exemption from payment of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17C Recovering unpaid fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 17D Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17E Work started before commencement . . . . . . . . . . . . . . . . . . . . . . . . . 7 17F Work started after commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17G Start and finish of building and construction work . . . . . . . . . . . . . . 8 6 Amendment of s 32 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Amendment of s 38 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Insertion of new s 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 59A Appeal against decision of Authority . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Replacement of ss 62 and 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 62 Appointment of agents for collection of fees . . . . . . . . . . . . . . . . . . . 9

2 Workplace Health and Safety Amendment (No. 2) No. 185, 1997 10 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of sch 2 (Registrable workplaces (other than registrable construction workplaces)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Omission of sch 3 (Registrable construction workplaces) . . . . . . . . . . . . . . 10 13 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s5 Workplace Health and Safety Amendment (No. 2) No. 185, 1997 ˙ Short title 1. This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 2) 1997 . ˙ Commencement 2.(1) This regulation (other than sections 10(1) and 13(3) and (4)) commences on 1 July 1997. (2) Sections 10(1) and 13(3) and (4) commence on 1 February 1998. ˙ Regulation amended 3. This regulation amends the Workplace Health and Safety Regulation1995 . ˙ Amendment of pt 2 (Registration of registrable workplaces, plant and plant design) 4.(1) Part 2, division 1, heading, ‘ (other than registrable construction workplaces) ’— omit. (2) Part 2, division 2— omit. ˙ Amendment of pt 3 (Notifications and records) 5. Part 3— insert— ‘ Division 3—Notifiable building and construction work ˙ ‘ Notification of building and construction work ‘ 17A.(1) This section applies if— (a) building and construction work is to be done; and

s5 4 s5 Workplace Health and Safety Amendment (No. 2) No. 185, 1997 (b) the cost of the building and construction work is $42 000 or more. ‘ (2) The person who is mentioned in the BuildingandConstructionIndustry (Portable Long Service Leave) Act 1991 , section 74 1 must— (a) file an approved form with the Authority or its agent; and (b) pay the appropriate fee (if any). 2 Maximum penalty—30 penalty units. ‘ (3) The form must be filed and the fee paid when a levy would be payable under that Act, whether or not a levy is actually payable. 3 ‘ (4) The approved form may be combined in the same document as the form required under the BuildingandConstructionIndustry(PortableLong Service Leave) Act 1991 , section 67. ‘ (5) The Authority must give to the chief executive the information, required by the approved form, that was received by the Authority after 1 January 1997 in relation to work to be completed after 1 July 1997. ‘ (6) In this section— “approved form” includes a written notice containing the information required by the approved form. ˙ ‘ Exemption from payment of fees ‘ 17B.(1) A person is not required to pay a fee for the notification of building and construction work— (a) if the cost of the work is less than $42 000; or (b) if the work is to be done on a house, or part of a house, and the cost of the work is less than $120 000; or (c) if the work is to be done under an owner-builder permit; or 1 Section 74 (Liability for levy) of that Act. 2 Fees are prescribed in schedule 1. 3 See sections 75 (When levy is payable) and 76 (Government entity to notify of building and construction work) of that Act.

s5 5 s5 Workplace Health and Safety Amendment (No. 2) No. 185, 1997 (d) for a voluntary component of the work to be done by, or for, a nonprofit organisation; or (e) if the work, or part of the work, is to be done for a person who is not substantially engaged in the building and construction industry by the person or the person’s workers—for the work or part of the work; or (f) if the work, or part of the work, is to be done for a government by its workers—for the work or part of the work. ‘ (2) The person must prove the entitlement to an exemption under subsection (1) to the Authority’s satisfaction. ‘ (3) In this section— “government” means a local government, a government entity, or a body constituted by an Act of the Commonwealth or another State. “government entity” see the BuildingandConstructionIndustry(Portable Long Service Leave) Act 1991 , section 3. “house” means domestic premises other than— (a) premises attached to, or forming part of, commercial or industrial premises; or (b) a lot under the Building Units and Group Titles Act 1980 . “nonprofit organisation” see the BuildingandConstructionIndustry(Portable Long Service Leave) Act 1991 , section 79. “owner-builder permit” see the Queensland Building Services AuthorityAct 1991 , section 4. “substantially engaged in the building and construction industry” see the Building and Construction Industry (Portable Long Service Leave)Act 1991 , section 4. “voluntary component” see the BuildingandConstructionIndustry(Portable Long Service Leave) Act 1991 , section 79. ˙ ‘ Recovering unpaid fees ‘ 17C.(1) This section applies if the Authority reasonably suspects that

s5 6 s5 Workplace Health and Safety Amendment (No. 2) No. 185, 1997 someone is liable to pay a fee for building and construction work. ‘ (2) The Authority may, by written notice, require the person to give the information and documents about the work asked for in the notice within a stated reasonable time. ‘ (3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—30 penalty units. ‘ (4) If the Authority, after considering the information and documents, considers the fee payable for the work is more than the fee that has been paid, the Authority may (by written notice) require the person to pay the unpaid fee within a stated reasonable time. ‘ (5) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—30 penalty units. ‘ (6) The Authority must waive the unpaid fee if satisfied— (a) the cost of the work for which the fee has been paid was a reasonable estimate; and (b) the correct fee for the cost of the work was paid; and (c) the difference between the cost of the work for which the fee was paid and the actual cost of the work is $20 000 or less. ˙ ‘ Refund of fees ‘ 17D.(1) A person who has paid the fee for building and construction work is entitled to a proportionate refund of the fee if the person satisfies the Authority that the work— (a) has not been done; and (b) is not to be done. ‘ (2) A person who has paid the fee for building and construction work is entitled to a proportionate refund of the fee if the person satisfies the Authority that—

s5 7 s5 Workplace Health and Safety Amendment (No. 2) No. 185, 1997 (a) the building and construction work for which the fee was paid is wholly or partly completed; and (b) the actual cost of the work is at least $20 000 less than the cost for which the fee was paid. ‘ (3) A person must apply to the Authority, in writing, for a refund within 1 year after the work is finished. ‘ (4) An application for a refund may be made on more than 1 occasion for the same work. ˙ ‘ Work started before commencement ‘ 17E.(1) This section applies if the fee for registration of a registrable construction workplace became payable before 1 July 1997, whether or not it was in fact paid. ‘ (2) The provisions of this regulation that applied before 1 July 1997 continue to apply. ˙ ‘ Work started after commencement ‘ 17F.(1) This section applies if— (a) a levy under the BuildingandConstructionIndustry(PortableLong Service Leave) Act 1991 was payable, before 1 July 1997, for building and construction work; and (b) the building and construction work starts, after 1 July 1997, at a workplace; and (c) the workplace was not registered before 1 July 1997 as a registrable construction workplace. ‘ (2) The fee for building and construction work is payable— (a) before 1 August 1997; and (b) by—

s6 8 s8 Workplace Health and Safety Amendment (No. 2) No. 185, 1997 (i) if the work is to be done for the Commonwealth—the contractor engaged by the Commonwealth to carry out the work; or (ii) otherwise—the person for whom the work is to be done. ˙ ‘ Start and finish of building and construction work ‘ 17G. The Authority may decide, for this division, the day on which building and construction work starts and the day on which it finishes.’. ˙ Amendment of s 32 (Definition) 6.(1) Section 32, definition “certificate” , paragraph (a), ‘(other than a registrable construction workplace)’— omit. (2) Section 32, definition “certificate” , paragraph (b)— omit. ˙ Amendment of s 38 (Definition) 7. Section 38, definition “certificate” , paragraph (a), ‘(other than a registrable construction workplace)’— omit. ˙ Insertion of new s 59A 8. Part 9— insert— ˙ ‘ Appeal against decision of Authority ‘ 59A. The Building and Construction Industry (Portable Long ServiceLeave) Act 1991 , part 9 applies to a decision, determination, direction or notice made or given by the Authority under this regulation.’.

s 9 9 s 10 Workplace Health and Safety Amendment (No. 2) No. 185, 1997 ˙ Replacement of ss 62 and 63 9. Sections 62 and 63— omit, insert— ˙ ‘ Appointment of agents for collection of fees ‘ 62.(1) The chief executive may enter into an agreement with the Authority or another agent for the collection of fees. ‘ (2) An agreement may provide for an agent to be paid.’. ˙ Amendment of sch 1 (Fees) 10.(1) Schedule 1, section 1(2)— omit, insert— ‘ (2) If the main activity at the workplace is classified in schedule 2 as category 2 or 3 and more than 2 persons are employed between 1 February of the year and 31 January of the next year, the fee is— (a) $29.50; and (b) for each person, after the first 2 persons, employed at any time during the period— (i) for a category 2 workplace—$9.00; or (ii) for a category 3 workplace—$14.50.’. (2) Schedule 1, section 2— omit, insert— ‘ Notification of building and construction work ‘ 2.(1) The fee for the notification of building and construction work is— (a) for building and construction work that is civil construction work only—0.1% of the cost of the building and construction work; or (b) for any other building and construction work—0.175% of the cost of the building and construction work; or (c) for any combination of (a) and (b)—0.175% of the cost of the building and construction work.’.

s 11 10 s 13 Workplace Health and Safety Amendment (No. 2) No. 185, 1997 ˙ Amendment of sch 2 (Registrable workplaces (other than registrable construction workplaces)) 11. Schedule 2, heading, ‘ (other than registrable construction workplaces) ’— omit. ˙ Omission of sch 3 (Registrable construction workplaces) 12. Schedule 3— omit. ˙ Amendment of sch 9 (Dictionary) 13.(1) Schedule 9, definitions “final price at practical completion” , “practical completion” and “registrable construction workplace” — omit. (2) Schedule 9— insert— ‘ “Authority” see the Building and Construction Industry (Portable LongService Leave) Act 1991 . “building and construction work” see the BuildingandConstructionIndustry (Portable Long Service Leave) Act 1991 . “cost of building and construction work” see the BuildingandConstructionIndustry(PortableLongServiceLeave)Act1991 , section 73(1) and (2).’. (3) Schedule 9, definition “registrable workplace” — omit. (4) Schedule 9— insert— ‘ “registrable workplace” means a workplace at which— (a) activities of a kind stated in schedule 2 are conducted; and

s 13 11 s 13 Workplace Health and Safety Amendment (No. 2) No. 185, 1997 (b) more than 2 persons (including the employer, a self-employed person and a person employed part time or full time) are employed between 1 February of the year and 31 January of the next year.’. ENDNOTES 1. Made by the Governor in Council on 26 June 1997. 2. Notified in the gazette on 27 June 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Training and Industrial Relations. © State of Queensland 1997