EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment and Workplace Relations.
Australian Workplace Safety Standards Act 2005
Subsection 2(1) of the Australian Workplace Safety Standards Act 2005 (the Act) provides that sections 3 to 9 of the Act commence on a day to be fixed by proclamation. However, if any of the provisions of sections 3 to 9 do not commence within six months of the date the Act receives the Royal Assent, then those provisions commence on the first day after the end of that six month period. The Act received Royal Assent on 15 November 2005.
The proposed Proclamation fixes 1 January 2006 as the day on which sections 3 to 9 of the Act commence.
Section 3 of the Act defines the Australian Safety and Compensation Council (ASCC) as an advisory body which advises on occupational health and safety and workers’ compensation matters. Sections 4 and 5 provide the ASCC with the powers and functions to declare national standards and codes of practice relating to occupational health and safety. Sections 6 and 7 of the Act set out the publication and consultation requirements to be met by ASCC in relation to the declaring of national standards and codes of practice. Section 8 of the Act relates to the delegation of the ASCC’s functions and powers and section 9 contains the regulation making power under the Act.
No consultation was undertaken in relation to the commencement date, as previous consultation had taken place with stakeholders that the Act would commence soon after receiving Royal Assent.
The proposed Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.