2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Industrial Relations)
Work Health and Safety (Consequential Amendments) Bill 2011

Contents
	Page
	
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended—sch 1	2
	4	Legislation repealed	2
Schedule 1	Legislation amended	3
Part 1.1	Children and Young People Act 2008	3
Part 1.2	Construction Occupations (Licensing) Act 2004	3
Part 1.3	Corrections Management Act 2007	4
Part 1.4	Crimes Act 1900	4
Part 1.5	Crimes (Sentence Administration) Act 2005	5
Part 1.6	Dangerous Substances Act 2004	5
Part 1.7	Dangerous Substances (Explosives) Regulation 2004	6
Part 1.8	Dangerous Substances (General) Regulation 2004	6
Part 1.9	Legislation Act 2001	8
Part 1.10	Radiation Protection Act 2006	9
Part 1.11	Utilities Act 2000	9
Part 1.12	Workers Compensation Act 1951	9
Part 1.13	Workers Compensation Regulation 2002	10

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Industrial Relations)
Work Health and Safety (Consequential Amendments) Bill 2011

A Bill for
An Act to amend legislation because of the enactment of the Work Health and Safety Act 2011

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Work Health and Safety (Consequential Amendments) Act 2011.
2	Commencement
This Act commences on the commencement of the Work Health and Safety Act 2011.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.
4	Legislation repealed
	(1)	The following legislation is repealed:
·	Work Safety Act 2008 (A2008-51);
·	Work Safety Regulation 2009 (SL2009-45);
·	Magistrates Court (Work Safety Infringement Notices) Regulation 2009 (SL2009-47).
	(2)	All other legislative instruments under the Work Safety Act 2008 (A2008-51) are repealed.

Schedule 1	Legislation amended
(see s 3)
Part 1.1	Children and Young People Act 2008
[1.1]	Part 21.3, note
substitute
Note	Work safety matters are dealt with in the Work Health and Safety Act 2011.
[1.2]	Part 21.4, note
substitute
Note	Work safety matters are dealt with in the Work Health and Safety Act 2011.
Part 1.2	Construction Occupations (Licensing) Act 2004
[1.3]	Section 123AA, definition of public safety agency, paragraphs (g) to (i)
substitute
	(g)	the director-general responsible for the Work Health and Safety Act 2011;
	(h)	the commissioner appointed under the Work Health and Safety Act 2011;
	(i)	an inspector appointed under the Work Health and Safety Act 2011;
Part 1.3	Corrections Management Act 2007
[1.4]	Section 219 heading
substitute
219	Detainee’s work—work health and safety
[1.5]	Section 219 (1) and (3)
omit
Work Safety Act 2008
substitute
Work Health and Safety Act 2011
Part 1.4	Crimes Act 1900
[1.6]	Section 49E (7)
omit
director-general for the Work Safety Act 2008
substitute
regulator under the Work Health and Safety Act 2011
Part 1.5	Crimes (Sentence Administration) Act 2005
[1.7]	Section 320 heading
substitute
320	Community service work—work health and safety
[1.8]	Section 320 (1) and (3)
omit
Work Safety Act 2008
substitute
Work Health and Safety Act 2011
Part 1.6	Dangerous Substances Act 2004
[1.9]	Section 8 (1), note 2
omit
·	Work Safety Act 2008.
substitute
·	Work Health and Safety Act 2011.
Part 1.7	Dangerous Substances (Explosives) Regulation 2004
[1.10]	Schedule 2, section 2.1 (3)
omit
any work safety representative under the Work Safety Act 2008
substitute
a health and safety representative under the Work Health and Safety Act 2011
Part 1.8	Dangerous Substances (General) Regulation 2004
[1.11]	Section 203, new definition of health and safety representative
insert
health and safety representative—see the Work Health and Safety Act 2011, dictionary.
[1.12]	Section 203, definition of work safety representative
omit
[1.13]	Section 219 (7), definition of responsible person, paragraph (b)
substitute
	(b)	a health and safety representative of the employees at the premises where the exposed person works; or
[1.14]	Section 226 (1) (b)
substitute
	(b)	any health and safety representative of the employees.
[1.15]	Section 245 (3), notes 2 and 3
omit
work safety representatives
substitute
health and safety representatives
[1.16]	Section 275 (2) (b)
substitute
	(b)	given to any health and safety representative of employees who handle dangerous substances at the controlled premises; and
[1.17]	Section 276 (2)
omit
work safety representative
substitute
health and safety representative
[1.18]	Section 277 (3) (b)
substitute
	(b)	given to any health and safety representative of employees who handle dangerous substances at the premises; and
[1.19]	Section 278 (3) (b)
substitute
	(b)	given to any health and safety representative of employees who handle dangerous substances at the premises; and
[1.20]	Section 279 (2) (b)
substitute
	(b)	any health and safety representative of those employees;
[1.21]	Dictionary, new definition of health and safety representative
insert
health and safety representative, for chapter 2 (Certain dangerous substances)—see the Work Health and Safety Act 2011, dictionary.
[1.22]	Dictionary, definition of work safety representative
omit
Part 1.9	Legislation Act 2001
[1.23]	Dictionary, part 1, definition of work safety commissioner
substitute
work safety commissioner means the work safety commissioner under the Work Health and Safety Act 2011.
Part 1.10	Radiation Protection Act 2006
[1.24]	Section 115 (4) (f)
substitute
	(f)	to the director-general of the administrative unit responsible for the Work Health and Safety Act 2011; or
Part 1.11	Utilities Act 2000
[1.25]	Section 20 (2) (l)
substitute
	(l)	the Work Health and Safety Act 2011.
Part 1.12	Workers Compensation Act 1951
[1.26]	Section 206 (2) (a), note
substitute
Note	This function is given to the work safety council under the Work Health and Safety Act 2011, sch 2, s 2.2 (1) (a).
[1.27]	Section 206 (2) (b), note 1
substitute
Note 1	The power to set up an advisory committee if necessary to assist in the exercise of a function is given to the work safety council under the Work Health and Safety Act 2011, sch 2, s 2.16.
[1.28]	Section 206 (3), definition of work safety council
substitute
work safety council means the work safety council established under the Work Health and Safety Act 2011, schedule 2, section 2.1.
Part 1.13	Workers Compensation Regulation 2002
[1.29]	Section 87 (2) (b) (iii)
substitute
	(iii)	be able to comply with the employer’s health and safety duties under the Work Health and Safety Act 2011; and
[1.30]	Dictionary, definition of work safety council
substitute
work safety council means the work safety council established under the Work Health and Safety Act 2011, schedule 2, section 2.1.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 6 December 2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011