Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Occupational Health and Safety (Commonwealth Employment) Act 1991, and for related purposes
Administered by: DEWR
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 10 Mar 2005
Introduced HR 09 Mar 2005

2004-2005

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting Safer Workplaces) Bill 2005

 

No.      , 2005

 

(Employment and Workplace Relations)

 

 

 

A Bill for an Act to amend the Occupational Health and Safety (Commonwealth Employment) Act 1991, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendment of the Occupational Health and Safety (Commonwealth Employment) Act 1991                                                                                                                              3

 


A Bill for an Act to amend the Occupational Health and Safety (Commonwealth Employment) Act 1991, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting Safer Workplaces) Act 2005.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendment of the Occupational Health and Safety (Commonwealth Employment) Act 1991

  

1  After section 11

Insert:

11A  Application of certain State and Territory laws that impose a criminal liability

             (1)  This section applies to a law of a State or of a Territory that:

                     (a)  imposes a criminal liability in respect of a person’s death that occurs during, or in relation to, the person’s employment or provision of services to another person; and

                     (b)  is prescribed by the regulations.

             (2)  This section also applies to Part 2A of the Crimes Act 1900 of the Australian Capital Territory in relation to each criminal liability imposed by that Part that is in respect of a person’s death that occurs during, or in relation to, the person’s employment or provision of services to another person.

Note:          The reference to Part 2A of the Crimes Act 1900 of the Australian Capital Territory is to be construed as a reference to that Part as originally enacted or made and as amended from time to time: see section 10A of the Acts Interpretation Act 1901.

             (3)  A law to which this section applies under subsection (1) or (2) has no effect to the extent to which it purports to impose a criminal liability mentioned in that subsection on an employer, employing authority or employee in respect of conduct (including an omission) occurring on or after 1 March 2004.

             (4)  In subsection (3):

employer, employing authority and employee have the meanings given by this Act.

             (5)  To avoid doubt, subsection (2) does not limit the generality of subsection (1).

             (6)  This section has effect despite sections 4 and 11.