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Federal Safety Commissioner Act 2022
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Administered by
Department of Employment and Workplace Relations
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C2023C00358 (C08)
18 October 2023
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Chapter 1—Preliminary
1 Short title
2 Commencement
3 Object
4 Simplified outline of this Act
5 Definitions
6 Meaning of building work
10 Extension of Act to Christmas Island and Cocos (Keeling) Islands
11 Extension of Act to EEZ and waters above continental shelf
12 Geographical application of offences
13 Act to bind Crown
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Chapter 4—The Federal Safety Commissioner
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Part 1—Simplified outline of this Chapter
36 Simplified outline of this Chapter
Part 2—The Federal Safety Commissioner
37 Federal Safety Commissioner
38 Functions of Federal Safety Commissioner
39 Minister’s directions to Federal Safety Commissioner
40 Delegation by Federal Safety Commissioner
41 Acting Federal Safety Commissioner
42 Consultants
Part 3—WHS Accreditation Scheme for Commonwealth building work
43 WHS Accreditation Scheme for Commonwealth building work
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Chapter 7—Powers to obtain information
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Part 1—Simplified outline of this Chapter
60 Simplified outline of this Chapter
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Part 3—Powers of Federal Safety Officers
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Division 2—Appointment of Federal Safety Officers
68 Federal Safety Officers
69 Identity cards for Federal Safety Officers
Division 3—Powers of Federal Safety Officers
70 Purposes for which powers of Federal Safety Officers may be exercised
71 When powers of Federal Safety Officers may be exercised
72 Power of Federal Safety Officers to enter premises
73 Showing identity card before entry
74 Powers of Federal Safety Officers while on premises
75 Persons assisting Federal Safety Officers
76 Power to ask for person’s name and address
77 Power to require persons to produce records or documents
78 Hindering or obstructing Federal Safety Officers
79 Power to keep records or documents
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Chapter 8—Enforcement
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Part 1—Simplified outline of this Chapter
80 Simplified outline of this Chapter
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Part 2—Orders for contraventions of civil remedy provisions
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Division 1—Obtaining an order for contravention of civil remedy provision
81 Penalty etc. for contravention of civil remedy provision
82 Interest up to judgement
83 Conduct contravening more than one civil remedy provision
84 Multiple contraventions
85 Proceedings may be heard together
86 Civil evidence and procedure rules for proceedings relating to contraventions of civil remedy provisions
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Division 2—Civil proceedings and criminal proceedings
87 Civil proceedings after criminal proceedings
88 Criminal proceedings during civil proceedings
89 Criminal proceedings after civil proceedings
90 Evidence given in civil proceedings not admissible in criminal proceedings
91 Civil double jeopardy
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Division 3—Miscellaneous
92 Ancillary contravention of civil remedy provisions
93 Exceptions etc. to civil remedy provisions—burden of proof
94 Liability of bodies corporate
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Chapter 9—Miscellaneous
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Part 1—Simplified outline of this Chapter
101 Simplified outline of this Chapter
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Part 2—Provisions relating to information
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Division 1—Provisions relating to requirements to provide information
102 Self incrimination etc.
104 Certain records and documents are inadmissible
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Division 2—Protecting information acquired for the purposes of this Act
105 Disclosure of information by the Federal Safety Commissioner
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Part 4—Provisions relating to courts
113 Jurisdiction of the Federal Court
114 Exercising jurisdiction in the Fair Work Division of the Federal Court
115 No limitation on Federal Court’s powers
116 Appeals from relevant State or Territory courts
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Part 5—Miscellaneous
118 Federal Safety Commissioner etc. not liable for conduct in good faith
120 Rules and regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
