Federal Register of Legislation - Australian Government

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SR 2001 No. 69 Regulations as made
These Regulations amend the Occupational Health and Safety (Commonwealth Employment) Act 1991
Administered by: Prime Minister and Cabinet
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled Senate22-May-2001
Tabled HR22-May-2001
Gazetted 12 Apr 2001
Date of repeal 09 Aug 2013
Repealed by Prime Minister and Cabinet (Spent and Redundant Instruments) Repeal Regulation 2013

Occupational Health and Safety (Commonwealth Employment) Act 1991 Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 692

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Public Employment (Consequential and Transitional) Amendment Act 1999.

Dated 5 April 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

DAVID KEMP


1              Name of Regulations

                These Regulations are the Occupational Health and Safety (Commonwealth Employment) Act 1991 Amendment Regulations 2001 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Occupational Health and Safety (Commonwealth Employment) Act 1991

                Schedule 1 amends the Occupational Health and Safety (Commonwealth Employment) Act 1991.


Schedule 1        Amendments

  

(regulation 3)

[1]         Subsection 5 (1), definition of annual report

substitute

annual report, in relation to an Entity or a Commonwealth authority, means its annual report (if any) to the responsible Minister relating to its activities, operations, business or affairs.

[2]         Subsection 5 (1), definition of Department

omit

[3]         Subsection 5 (1), after definition of employing authority

insert

Entity means:

                (a)    an Agency, within the meaning of the Public Service Act 1999, that is not a Commonwealth authority; or

               (b)    a Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or

                (c)    a person, body, organisation or group of persons prescribed for this paragraph.

[4]         Subsection 5 (1), after definition of principal officer

insert

principal officer, in relation to an Entity, means:

                (a)    if the Entity is an Agency that is not a Commonwealth authority — the Agency Head within the meaning of the Public Service Act 1999; or

               (b)    if the Entity is a Parliamentary Department — the Secretary of the Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or

                (c)    if the Entity is a person, body, organisation or group of persons prescribed for paragraph (c) of the definition of Entity — the person prescribed as the principal officer.

[5]         Subsection 5 (1), definition of Secretary

omit

[6]         Subsection 67A (1)

omit

with the Secretary of a Department, or with the principal officer of a Commonwealth authority,

insert

with the principal officer of an Entity or a Commonwealth authority

[7]         Subsection 67D (1)

omit

The Secretary to a Department, or the principal officer of a Commonwealth authority,

insert

The principal officer of an Entity or a Commonwealth authority

[8]         Subsection 67E (1)

omit

the Secretary to the Department, or the principal officer of the Commonwealth authority,

insert

the principal officer of the Entity or the Commonwealth authority

[9]         Subsection 67E (2)

omit each mention of

Secretary or

[10]      Paragraph 67E (4) (b)

omit

the Secretary to the Department, or the principal officer of the Commonwealth authority,

insert

the principal officer of the Entity or the Commonwealth authority

[11]      Paragraph 67F (1) (b)

omit

the Secretary to the Department, or the principal officer of the authority,

insert

the principal officer of the Entity or the Commonwealth authority

[12]      Subsection 67F (1)

omit

Secretary or

[13]      Paragraph 67H (1) (a)

omit

the Secretary to the Department, or the principal officer of the authority,

insert

the principal officer of the Entity or the authority

[14]      Further amendments

 

Provision

omit

insert

Subsection 5 (1), definition of employing authority, subparagraph (a) (ii)

the Secretary of the Department

the principal officer of the Entity

Paragraph 5 (2) (a)

a particular Department

a particular Entity

Paragraph 5 (2) (a)

that Department;

that Entity;

Paragraph 5 (2) (c)

the Department

the Entity

Subsection 41 (3)

a Department or Commonwealth authority,

an Entity or a Commonwealth authority,

Subsection 41 (4)

the Secretary of the Department,

the principal officer of the Entity,

Paragraph 41 (4) (a)

the Department

the Entity

Paragraph 43 (1) (a)

the Secretary of a Department

the principal officer of an Entity

Paragraph 43 (1) (b)

a Secretary

a principal officer

Paragraphs 67A (1) (a) and (b) and subsection 67B (1)

Department

Entity

Subsection 67B (2)

a Department

an Entity

Section 67C

a Department or Commonwealth authority

an Entity or a Commonwealth authority

Paragraphs 67C (b), (c) and (d)

Department

Entity

Subsection 67D (1)

the Department

the Entity

Paragraph 67F (1) (a)

a Department

an Entity

Subsection 67H (1)

a Department or Commonwealth authority

an Entity or a Commonwealth authority

Paragraph 67H (1) (b), subsection 67J (1) and paragraphs 74 (1) (a), (c), (d) and (e)

Department

Entity

Paragraph 74 (2) (b)

the Department or a Department,

the Entity or an Entity,

Notes

1.       These Regulations amend Act No. 30, 1991, as amended by Act Nos. 7 (as amended by No. 95, 1992), 95 and 196 (as amended by No. 60, 1993; No. 168, 1994), 1992; Nos. 54 (as amended by No. 43, 1996), 88 and 109, 1993; No. 64, 1994; No. 109 (as amended by No. 92, 1994), 1988; Nos. 136 and 161, 1995; No. 60 (as amended by No. 77, 1996), 1996; Nos. 67, 96, 152 and 177, 1997; Nos. 146 and 161, 1999; Nos. 9 and 137, 2000.

2.       Notified in the Commonwealth of Australia Gazette on 12 April 2001.