AUSTRALIAN WORKPLACE SAFETY STANDARDS BILL 2005

i Australian Workplace Safety Standards Bill 2005 No. , 2005

Contents

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

Commencement .............................................................................1

Definition ......................................................................................2

Function of Australian Safety and Compensation Council ...............3

Powers of Australian Safety and Compensation Council..................3

Declaration of national standards and codes of practice ...................3

Steps preparatory to declaring national standards and codes

of practice......................................................................................4

Delegation of powers and functions ................................................4

Regulations....................................................................................5

Australian Workplace Safety Standards Bill 2005 No. , 2005 1

A Bill for an Act to provide for the making of

occupational health and safety standards, and for

related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Australian Workplace Safety

Standards Act 2005.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

Section 3

2 Australian Workplace Safety Standards Bill 2005 No. , 2005

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Sections 3 to 9

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Definition

In this Act:

Australian Safety and Compensation Council means the body of

that name, established in writing by the Minister under the

executive power of the Commonwealth, to advise on the

development of policies relating to occupational health and safety

and workers' compensation matters. The Council is an advisory

body which represents the interests of governments, employers and

employees.

Section 4

Australian Workplace Safety Standards Bill 2005 No. , 2005 3

4 Function of Australian Safety and Compensation Council

(1) It is a function of the Australian Safety and Compensation Council

to declare national standards and codes of practice relating to

occupational health and safety matters.

(2) Subsection (1) does not imply that the instrument establishing the

Australian Safety and Compensation Council may not confer

additional functions on it.

(3) The Australian Safety and Compensation Council may perform the

function in subsection (1) only to the extent that it is not in excess

of the functions that may be conferred on the Council by virtue of

any of the legislative powers of the Parliament and, in particular,

may perform that function in relation to occupational health and

safety matters arising in the course of, or that concern:

(a) trade or commerce with other countries, or among the States;

(b) the activities of a corporation to which paragraph 51(xx) of

the Constitution applies.

5 Powers of Australian Safety and Compensation Council

(1) The Australian Safety and Compensation Council has such powers

as are necessary to enable it to perform the function under

subsection 4(1).

(2) Subsection (1) does not imply that the instrument establishing the

Australian Safety and Compensation Council may not confer

additional powers on it.

6 Declaration of national standards and codes of practice

(1) In the exercise of the function referred to in subsection 4(1), the

Australian Safety and Compensation Council may, by written

instrument, declare a national standard or code of practice in

relation to an occupational health and safety matter.

(2) Except as otherwise provided by a law other than this Act or by an

award or instrument made under such a law, a national standard or

code of practice is an instrument of an advisory character.

Section 7

4 Australian Workplace Safety Standards Bill 2005 No. , 2005

(3) A national standard or code of practice is not a legislative

instrument.

(4) When the Australian Safety and Compensation Council declares a

national standard or code of practice, it must publish, in accordance

with the regulations, the title and objective of the standard or code

of practice and information as to how interested persons may

obtain a copy of the terms of the standard or code of practice.

(5) The Australian Safety and Compensation Council must, as soon as

practicable after declaring a national standard or code of practice,

give a copy of the national standard or code of practice to the

Minister.

7 Steps preparatory to declaring national standards and codes of

practice

(1) Before declaring a national standard or code of practice, the

Australian Safety and Compensation Council must take steps in

accordance with the regulations to enable interested persons to

make representations concerning the proposed standard or code of

practice.

(2) The Australian Safety and Compensation Council must give due

consideration to any representations duly made to it and, if it thinks

fit, may alter the proposed standard or code of practice.

8 Delegation of powers and functions

(1) The Australian Safety and Compensation Council may, by written

instrument, delegate to:

(a) a member of the Council; or

(b) an SES employee or acting SES employee performing duties

in the Department; or

(b) applies;

any power or function of the Council.

Note 1:

The expressions SES employee and acting SES employee are defined

in section 17AA of the Acts Interpretation Act 1901.

Note 2:

See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

Section 9

Australian Workplace Safety Standards Bill 2005 No. , 2005 5

(2) The Australian Safety and Compensation Council may specify the

procedures to be followed by any committee to which it delegates a

power or function.

9 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Commonwealth of Australia Bills

AUSTRALIAN WORKPLACE SAFETY STANDARDS BILL 2005