Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
2. Objects
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
6. Employee taken to be at work for Act
7. References to employee of employer at workplace
8. Voluntary workers etc
9. Exemptions
10. Service of documents etc on employers
PART 2--OCCUPATIONAL HEALTH AND SAFETY COUNCIL
Division 2.1--Establishment, functions and powers
11. Establishment
12. Functions
Division 2.2--Constitution and meetings
14. Membership
15. Terms of appointment
16. Appointment of chair and deputy chair
17. Leave of absence
18. Disclosure of interest
20. Ending appointment of council member
22. Calling meetings
23. Procedure at meetings
24. Immunity from suit
Division 2.3--Advisory committees
25. Establishment
PART 3--OCCUPATIONAL HEALTH AND SAFETY COMMISSIONER
26. Appointment of commissioner
27. Functions
28. Resignation
29. Retirement
30. Removal of commissioner
31. Suspension and removal of commissioner
32. Ministerial directions
34. Staff
35. Delegation by commissioner
PART 4--SAFETY DUTIES FOR OCCUPATIONAL HEALTH AND SAFETY
Division 4.1--Safety duties
37. Duties of employers in relation to employees
38. Duties of employers in relation to third parties
39. Duties of people in control of workplaces
40. Duties of employees
41. Duties of self-employed people
42. Duties of manufacturers in relation to plant and substances
43. Duties of suppliers in relation to plant and substances
44. Duties of people erecting or installing plant in workplace
45. Reliance on information supplied or results of research
Division 4.2--Failure to comply with safety duties
46. Meaning of safety duty for div 4.2
47. Failure to comply with safety duty—general offence
48. Failure to comply with safety duty—exposing people to substantial risk of serious
49. Failure to comply with safety duty—causing serious harm to
50. Alternative verdicts for failure to comply with safety duties
51. Beginning of prosecution in Magistrates Court
PART 5--WORKPLACE ARRANGEMENTS
Division 5.1--Health and safety representatives
52. Small employers not affected
53. Work groups designated by employers
54. Work groups designated by chief executive
55. Work groups on construction sites
56. Selection
57. Objections to selection
58. Lists of health and safety representatives
59. Powers
60. Access to information
61. Duties of employers
62. Term of office
63. Resignation etc
64. Disqualification
65. Liability
66. Deputy health and safety representatives
Division 5.2--Provisional improvement notices
67. Issue
68. Display
69. Compliance
70. Revocation
71. Review
Division 5.3--Emergency procedures
72. Action by health and safety representatives
73. Alternative work
Division 5.4--Entry to workplaces by authorised representatives
74. Definitions for div 5.4
75. Authorised representatives
76. Disqualification of authorised representatives
77. Entry to workplaces by authorised representatives
78. Notice of entry by authorised representative
79. Production of authorised representative's authorisation
80. Powers available to authorised representative on entry
81. Damage etc to be minimised by authorised representative
82. Compensation for exercise of function by authorised representative
83. Authorised representative to tell occupier about findings
84. Pretending to be authorised representative
85. Obstructing etc authorised representative
Division 5.5--Health and safety committee
86. Functions
87. Duties of employers
88. Liability
PART 6--ENFORCEMENT POWERS
Division 6.1--General
89. Definitions for pt 6
Division 6.2--General powers of inspectors
90. General power of inspectors to enter premises
91. Production of identity card by inspectors
92. Consent to entry by inspectors
93. General powers of inspectors for premises
94. General powers of inspectors for public places
95. Contravention of requirement by inspector
96. Power of inspectors to take action to prevent etc imminent risk
97. Report about action under s 96
98. Recovery of Territory's costs for action under s 96
99. Power of entry etc in relation to dangerous occurrences
100. Power of inspectors to seize things
101. Action by inspector in relation to seized thing
102. Power of inspectors to destroy unsafe things
103. Power of inspectors to require name and address
104. Power of inspectors to require production of authorisation
Division 6.3--Search warrants
105. Warrants generally
106. Warrants—application made other than in person
107. Search warrants—announcement before entry
108. Details of search warrant to be given to occupier etc
109. Occupier entitled to be present during search etc
110. Moving things to another place for examination or processing under search
111. Use of electronic equipment under search warrant
112. Person with knowledge of computer systems to assist access etc under search
113. Securing electronic equipment under search warrant
114. Copies of things seized under search warrant to be provided
Division 6.4--Return and forfeiture of things seized
115. Receipt for things seized
116. Access to things seized
117. Return of things seized
118. Application for order disallowing seizure
119. Order for return of seized thing
120. Adjournment pending hearing of other proceedings
121. Forfeiture of seized things
122. Return of forfeited things
123. Cost of disposal of things forfeited
Division 6.5--Taking and analysis of samples
124. Inspector may buy samples without complying with div 6.5
125. Occupier etc to be told sample to be analysed
126. Payment for samples
127. Samples from packaged substances
128. Procedures for dividing samples
129. Exceptions to s 128
130. Certificates of analysis by authorised analysts
Division 6.6--Other enforcement provisions
131. Damage etc by inspectors to be minimised
132. Compensation for exercise of function by inspector
PART 7--COMPLIANCE MEASURES
Division 7.1--Interpretation for pt 7
133. Meaning of responsible person for pt 7
Division 7.2--Information and documents
134. Chief executive may require answers to questions and production of
135. Compliance with notice to produce
136. Failure to attend before chief executive or produce documents
137. Attendance before chief executive—offences
138. Privileges against selfincrimination and exposure to civil penalties
Division 7.3--Compliance agreements
139. Meaning of relevant responsible person for div 7.3
140. Inspector may seek compliance agreement
141. Term of compliance agreement
142. Compliance agreement not admission of fault etc
143. Notification and display of compliance agreements
144. Compliance agreement not to be removed etc
Division 7.4--Improvement notices
145. Meaning of relevant responsible person for div 7.4
146. Giving improvement notices
147. Contents of improvement notices
148. Scope of improvement notices
149. Extension of time for compliance with improvement notices
150. Notification and display of improvement notices
151. Improvement notice not to be removed etc
152. Revocation of improvement notice on compliance
153. Contravention of improvement notices
Division 7.5--Prohibition notices
154. Definitions for div 7.5
155. Giving prohibition notices
156. Contents of prohibition notices
157. Scope of prohibition notices
158. Extension of time for inspection etc
159. Notification and display of prohibition notices
160. Prohibition notice not to be removed etc
161. Ending of prohibition notices for contravention of Act etc
162. Request for reinspection
163. Revocation on reinspection
164. Ending of prohibition notices given for inspection etc
165. Contravention of prohibition notices
166. Request for compensation for prohibition notice
167. Compensation for prohibition notice
Division 7.6--Enforceable undertakings
168. Definitions for div 7.6
169. Making of safety undertakings
170. Acceptance of safety undertaking
171. Withdrawal from or amendment of enforceable undertaking
172. Term of enforceable undertaking
173. Safety undertaking not admission of fault etc
174. Contravention of enforceable undertakings
Division 7.7--Injunctions
175. Injunctions to restrain offences against Act
176. Enforcement of injunctions
177. Amendment or discharge of injunctions
178. Interim injunctions—undertakings about damages
179. Magistrates Court's other powers not limited
PART 8--REVIEW OF DECISIONS
Division 8.1--Review authority
180. Establishment
181. Constitution
182. Disclosure of interest
Division 8.2--Reconsideration and review of decisions
184. Internally reviewable decisions, reviewable decisions and eligible
185. Applications for internal review
186. Internal review
187. Review of decisions
188. Parties to proceedings before review authority
189. Representation before review authority
190. Notice of proceeding
191. Procedure of review authority
192. Hearings to be in public except in special circumstances
193. Reference of questions of law to Supreme Court
194. Appeals from review authority to Supreme Court
Division 8.3--Miscellaneous
195. Powers of review authority
196. Inspection and keeping of documents
197. Application of Criminal Code, ch 7
200. Protection of review authority etc
PART 9--ADMINISTRATION
201. Inspectors
202. Identity cards
203. Protection of officials from liability
203A. Ministerial directions to chief executive
PART 10--MISCELLANEOUS
204. Notice of events
205. Records of accidents etc
206. Codes of practice
207. Protected information
208. Interfering with safety equipment
209. Employer not to levy employees
210. Employer not to discriminate
211. Acts and omissions of representatives
212. Notices of noncompliance by Territory entities
213. Electronic service
214. Publication by chief executive of convictions etc
215. Court-directed publicity for offences
216. Remedial orders by courts for offences
217. Court may order costs and expenses
218. Presumptions about substances
219. Evidence of analysts
220. Power of court to order further analysis
221. Appointment of authorised analysts
222. Contracting out prohibited
223. Civil liability not affected
224. Inconsistency with associated laws
225. Determination of fees
226. Approved forms
227. Chief executive's annual report
227A. Additional reports by chief executive
228. Commissioner's half-yearly reports
229. Regulation-making power
SCHEDULE 1
DICTIONARY
ENDNOTES