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This is a Bill, not an Act. For current law, see the Acts databases.


OHS AND SRC LEGISLATION AMENDMENT BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
OHS and SRC Legislation Amendment
Bill 2005
No. , 2005
(Employment and Workplace Relations)
A Bill for an Act to amend the Occupational Health
and Safety (Commonwealth Employment) Act 1991
and the Safety, Rehabilitation and Compensation Act
1988, and for other purposes
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 ii
Contents
1 Short
title ...........................................................................................1
2 Commencement.................................................................................1
3 Schedule(s) ........................................................................................4
Schedule 1--Extending the coverage of the Occupational
Health and Safety (Commonwealth Employment)
Act 1991
5
Part 1--Main amendments
5
Occupational Health and Safety (Commonwealth Employment) Act
1991
5
Part 2--Consequential amendments of other Acts
15
Safety, Rehabilitation and Compensation Act 1988
15
Social Security Act 1991
15
Schedule 2--Regulatory contributions and licence fees under
the Safety, Rehabilitation and Compensation Act
1988
17
Part 1--Amendments
17
Safety, Rehabilitation and Compensation Act 1988
17
Part 2--Validation provisions
18
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 1
A Bill for an Act to amend the Occupational Health
1
and Safety (Commonwealth Employment) Act 1991
2
and the Safety, Rehabilitation and Compensation Act
3
1988, and for other purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the OHS and SRC Legislation
7
Amendment Act 2005.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 OHS and SRC Legislation Amendment Bill 2005 No. , 2005
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1,
items 1 to 50
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.
3. Schedule 1,
item 51
The later of:
(a) the time the provision(s) covered by table
item 2 commence; and
(b) immediately after the commencement of
item 16 of Schedule 2 to the Employment
and Workplace Relations Legislation
Amendment (Welfare to Work and Other
Measures) Act 2005.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 1,
item 52
At the same time as the provision(s) covered
by table item 2.
However, the provision(s) do not commence
at all if item 7 of Schedule 4 to the
Employment and Workplace Relations
Legislation Amendment (Welfare to Work
and Other Measures) Act 2005 commences
before, or at the same time as, the
provision(s) covered by table item 2.
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
5. Schedule 1,
item 53
The later of:
(a) the time the provision(s) covered by table
item 2 commence; and
(b) immediately after the commencement of
item 7 of Schedule 4 to the Employment
and Workplace Relations Legislation
Amendment (Welfare to Work and Other
Measures) Act 2005.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
6. Schedule 1,
item 54
At the same time as the provision(s) covered
by table item 2.
However, this provision does not commence
at all if item 18 of Schedule 5 to the
Employment and Workplace Relations
Legislation Amendment (Welfare to Work
and Other Measures) Act 2005 commences
before, or at the same time as, the
provision(s) covered by table item 2.
7. Schedule 1,
items 55 to 57
At the same time as the provision(s) covered
by table item 2.
8. Schedule 2,
Part 1
Either:
(a) if this Act receives the Royal Assent on
1 July in a year--the day on which this
Act receives the Royal Assent; or
(b) otherwise--on the 1 July that next
follows the day on which this Act
receives the Royal Assent.
9. Schedule 2,
Part 2
The day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
4 OHS and SRC Legislation Amendment Bill 2005 No. , 2005
(2) Column 3 of the table contains additional information that is not
1
part of this Act. Information in this column may be added to or
2
edited in any published version of this Act.
3
3 Schedule(s)
4
Each Act that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Extending the coverage of the Occupational Health and Safety (Commonwealth
Employment) Act 1991 Schedule 1
Main amendments Part 1
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 5
1
Schedule 1--Extending the coverage of the
2
Occupational Health and Safety
3
(Commonwealth Employment) Act
4
1991
5
Part 1--Main amendments
6
Occupational Health and Safety (Commonwealth
7
Employment) Act 1991
8
1 Title
9
Omit "and Commonwealth authorities", substitute ",
10
Commonwealth authorities and certain licensed corporations".
11
2 Section 1
12
Omit "(Commonwealth Employment)".
13
Note:
This item amends the short title of the Act. If another amendment of the Act is
14
described by reference to the Act's previous short title, that other amendment has effect
15
after the commencement of this item as an amendment of the Act under its amended
16
short title (see section 10 of the Acts Interpretation Act 1901).
17
3 Paragraph 3(a)
18
Omit "and of Commonwealth authorities", substitute ", of
19
Commonwealth authorities and of non-Commonwealth licensees".
20
4 Subsection 5(1) (definition of chief executive officer)
21
Repeal the definition, substitute:
22
chief executive officer means:
23
(a) for a Commonwealth authority--the person (by whatever
24
name called) who is responsible for the administration of the
25
authority; or
26
(b) for a non-Commonwealth licensee--the person (by whatever
27
name called) who is primarily and directly responsible to the
28
directors of the licensee for the general and overall
29
management of the licensee.
30
Schedule 1 Extending the coverage of the Occupational Health and Safety
(Commonwealth Employment) Act 1991
Part 1 Main amendments
6 OHS and SRC Legislation Amendment Bill 2005 No. , 2005
5 Subsection 5(1) (at the end of the definition of
1
Commonwealth authority)
2
Add:
3
; or (d) a body corporate:
4
(i) that is not covered by paragraph (a), (b) or (c); and
5
(ii) for which a licence under Part VIII of the Safety,
6
Rehabilitation and Compensation Act 1988 is in force
7
(whether or not the licence is suspended); and
8
(iii) that was not an eligible corporation for the purposes of
9
that Part when the licence was granted.
10
6 Subsection 5(1)
11
Insert:
12
Commonwealth authority contractor has the meaning given by
13
section 9A.
14
7 Subsection 5(1)
15
Insert:
16
Commonwealth authority employee has the meaning given by
17
section 9.
18
8 Subsection 5(1)
19
Insert:
20
Commonwealth contractor has the meaning given by section 9A.
21
9 Subsection 5(1)
22
Insert:
23
Commonwealth employee has the meaning given by section 9.
24
10 Subsection 5(1) (definition of contractor)
25
Repeal the definition, substitute:
26
contractor has the meaning given by section 9A.
27
Note:
In section 14, the meaning of contractor is affected by subsection
28
14(3).
29
11 Subsection 5(1) (definition of employer)
30
Extending the coverage of the Occupational Health and Safety (Commonwealth
Employment) Act 1991 Schedule 1
Main amendments Part 1
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 7
Repeal the definition, substitute:
1
employer means:
2
(a) the Commonwealth; or
3
(b) a Commonwealth authority; or
4
(c) a non-Commonwealth licensee.
5
12 Subsection 5(1) (paragraph (a) of the definition of
6
employing authority)
7
Omit "employed by the Commonwealth or who is a contractor of a kind
8
referred to in paragraph (a) of the definition of contractor in this
9
subsection", substitute "a Commonwealth employee or a
10
Commonwealth contractor".
11
13 Subsection 5(1) (paragraph (a) of the definition of
12
Government business enterprise)
13
After "paragraph (a)", insert "or (d)".
14
14 Subsection 5(1)
15
Insert:
16
non-Commonwealth licensee means a body corporate:
17
(a) for which a licence under Part VIII of the Safety,
18
Rehabilitation and Compensation Act 1988 is in force
19
(whether or not the licence is suspended); and
20
(b) that was an eligible corporation for the purposes of that Part
21
when the licence was granted; and
22
(c) that is not a Commonwealth authority for the purposes of this
23
Act.
24
15 Subsection 5(1)
25
Insert:
26
non-Commonwealth licensee contractor has the meaning given by
27
section 9A.
28
16 Subsection 5(1)
29
Insert:
30
Schedule 1 Extending the coverage of the Occupational Health and Safety
(Commonwealth Employment) Act 1991
Part 1 Main amendments
8 OHS and SRC Legislation Amendment Bill 2005 No. , 2005
non-Commonwealth licensee employee has the meaning given by
1
section 9.
2
17 Subsection 5(1)
3
Insert:
4
non-Commonwealth licensee premises, in relation to a particular
5
non-Commonwealth licensee, means premises owned or occupied
6
by the non-Commonwealth licensee.
7
18 Subsection 5(1) (definition of workplace)
8
Repeal the definition, substitute:
9
workplace means:
10
(a) any Commonwealth premises in which Commonwealth
11
employees or Commonwealth contractors work; or
12
(b) any Commonwealth premises in which Commonwealth
13
authority employees or Commonwealth authority contractors
14
work; or
15
(c) any non-Commonwealth licensee premises of a
16
non-Commonwealth licensee in which non-Commonwealth
17
licensee employees, or non-Commonwealth licensee
18
contractors, of the licensee work.
19
However, workplace does not include any part of premises that is
20
primarily used as a private dwelling.
21
19 Subsection 5(2)
22
After "employer" (first occurring), insert ", other than a Commonwealth
23
authority covered by paragraph (c) or (d) of the definition of
24
Commonwealth authority in subsection 5(1) or a non-Commonwealth
25
licensee,".
26
20 Subsection 9(1)
27
Repeal the subsection, substitute:
28
Employee
29
(1)
An
employee is:
30
(a) a Commonwealth employee (see subsection (1A)); or
31
(b) a Commonwealth authority employee (see subsection (2A));
32
or
33
Extending the coverage of the Occupational Health and Safety (Commonwealth
Employment) Act 1991 Schedule 1
Main amendments Part 1
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 9
(c) a non-Commonwealth licensee employee (see
1
subsection (3A)).
2
Commonwealth employee
3
(1A)
A
Commonwealth employee is a person who is employed by the
4
Commonwealth, whether the person is so employed under a law of
5
the Commonwealth or of a Territory or under a contract of service
6
or apprenticeship.
7
Note:
The heading to section 9 is replaced by the heading "Meaning of employee etc.".
8
21 Subsection 9(2)
9
Omit "subsection (1)", substitute "subsection (1A)".
10
22 After subsection 9(2)
11
Insert:
12
Commonwealth authority employee
13
(2A)
A
Commonwealth authority employee of a particular
14
Commonwealth authority is a person who is employed by the
15
authority, whether the person is so employed under a law of the
16
Commonwealth or of a Territory or under a contract of service or
17
apprenticeship.
18
23 Subsection 9(3)
19
Omit "A person who:", substitute "Without limiting the generality of
20
subsection (2A), a person who:".
21
24 After subsection 9(3)
22
Insert:
23
Non-Commonwealth licensee employee
24
(3A) Subject to subsection (3B), a non-Commonwealth licensee
25
employee of a particular non-Commonwealth licensee is a person
26
who is employed by the licensee, whether the person is so
27
employed under a law of the Commonwealth or of a State or
28
Territory, or under a contract of service or apprenticeship.
29
(3B) If, under the Safety, Rehabilitation and Compensation Act 1988,
30
the licence of a non-Commonwealth licensee covers only some of
31
Schedule 1 Extending the coverage of the Occupational Health and Safety
(Commonwealth Employment) Act 1991
Part 1 Main amendments
10 OHS and SRC Legislation Amendment Bill 2005 No. , 2005
the people referred to in subsection (1), only such of those people
1
as are covered by the licence are non-Commonwealth licensee
2
employees of the licensee for the purposes of this Act.
3
Note 1: The following heading to subsection (4) is inserted "External territory public servants
4
not covered".
5
Note 2: The following heading to subsection (5) is inserted "Minister's power to declare people
6
to be employed by Commonwealth or Commonwealth authority".
7
25 After section 9
8
Insert:
9
9A Meaning of contractor etc.
10
Contractor
11
(1)
A
contractor is:
12
(a) a Commonwealth contractor (see subsection (2)); or
13
(b) a Commonwealth authority contractor (see subsection (3)); or
14
(c) a non-Commonwealth licensee contractor (see
15
subsection (4)).
16
Note:
In section 14, the meaning of contractor is affected by subsection
17
14(3).
18
Commonwealth contractor
19
(2)
A
Commonwealth contractor is a natural person (other than a
20
Commonwealth employee or a Commonwealth authority
21
employee) who performs work on Commonwealth premises in
22
connection with a contract between:
23
(a) the Commonwealth; and
24
(b) that person or another person (whether a natural person or
25
not);
26
which is in connection with an undertaking being carried on by the
27
Commonwealth.
28
Commonwealth authority contractor
29
(3)
A
Commonwealth authority contractor of a particular
30
Commonwealth authority is a natural person (other than a
31
Commonwealth employee or a Commonwealth authority
32
Extending the coverage of the Occupational Health and Safety (Commonwealth
Employment) Act 1991 Schedule 1
Main amendments Part 1
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 11
employee) who performs work on Commonwealth premises in
1
connection with a contract between:
2
(a) the authority; and
3
(b) that person or another person (whether a natural person or
4
not);
5
which is in connection with an undertaking being carried on by the
6
authority.
7
Non-Commonwealth licensee contractor
8
(4)
A
non-Commonwealth licensee contractor of a particular
9
non-Commonwealth licensee is a natural person (other than an
10
employee of the licensee) who performs work on
11
non-Commonwealth licensee premises of the licensee in
12
connection with a contract between:
13
(a)
the
licensee;
and
14
(b) that person or another person (whether a natural person or
15
not);
16
which is in connection with an undertaking being carried on by the
17
licensee.
18
26 Paragraph 10(1)(a)
19
Omit "those persons employed by the Commonwealth, and those
20
contractors,", substitute "those Commonwealth employees, and those
21
Commonwealth contractors,".
22
27 Paragraphs 11(4)(a) and (b)
23
Repeal the paragraphs, substitute:
24
(a) a Commonwealth employee; or
25
(b) a Commonwealth authority employee (including an
26
employee of a Government business enterprise); or
27
28 Paragraph 12(1)(c)
28
Omit "Commonwealth employment", substitute "the employment of
29
employees".
30
29 Subsection 14(1) (note)
31
Omit "subsection 5(1)", substitute "section 9A and subsection (3) of
32
this section".
33
Schedule 1 Extending the coverage of the Occupational Health and Safety
(Commonwealth Employment) Act 1991
Part 1 Main amendments
12 OHS and SRC Legislation Amendment Bill 2005 No. , 2005
30 Subsection 14(2)
1
Omit "a Commonwealth employee", substitute "an employee of the
2
employer for which the contractor is performing work".
3
31 At the end of section 14
4
Add:
5
(3) For the purpose of this section, contractor has the meaning given
6
by section 9A, except that:
7
(a) it also includes persons who would be contractors under
8
section 9A if references in subsections 9A(2), (3) and (4) to
9
natural persons were extended to also include bodies
10
corporate, other than any body corporate that is a
11
Commonwealth authority or a non-Commonwealth licensee;
12
and
13
(b) it does not include any person who is an employee (as
14
defined in section 9).
15
32 Section 15
16
Omit "not Commonwealth premises", substitute "neither
17
Commonwealth premises nor non-Commonwealth licensee premises".
18
33 Subsection 41(3)
19
Omit "or a Commonwealth authority", substitute ", a Commonwealth
20
authority or a non-Commonwealth licensee".
21
34 Subsection 41(4)
22
After "Commonwealth authority", insert "or of the non-Commonwealth
23
licensee".
24
35 Paragraph 43(1)(a)
25
After "Commonwealth authority", insert "or of a non-Commonwealth
26
licensee".
27
36 Section 52
28
After "Government business enterprise", insert "or a
29
non-Commonwealth licensee".
30
37 Paragraph 53(3)(b)
31
Extending the coverage of the Occupational Health and Safety (Commonwealth
Employment) Act 1991 Schedule 1
Main amendments Part 1
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 13
Omit "if it thinks it appropriate,", substitute "if the employer is the
1
Commonwealth or a Commonwealth authority and the Commission
2
thinks it appropriate to do so--".
3
38 Paragraph 70(2)(a)
4
Omit "Commonwealth employment", substitute "the employment of
5
employees".
6
39 Paragraph 2(3)(f) of Schedule 2
7
Omit "Commonwealth Entity or Commonwealth authority", substitute
8
"Entity, Commonwealth authority or non-Commonwealth licensee".
9
40 Special provision about licence fees
10
(1)
In this item:
11
Comcare has the same meaning as in the SRC Act.
12
Commission has the same meaning as in the SRC Act.
13
extension commencement means the commencement of item 11 of this
14
Schedule.
15
OHS Act means the Occupational Health and Safety Act 1991.
16
SRC Act means the Safety, Rehabilitation and Compensation Act 1988.
17
(2)
This item applies if:
18
(a)
the
extension
commencement
occurs on a day in a financial
19
year (the relevant financial year), other than on the 1 July
20
that is the start of that financial year; and
21
(b) a body corporate (the licensee), in relation to which a licence
22
under Part VIII of the SRC Act is in force on the extension
23
commencement, becomes an employer for the purposes of
24
the OHS Act on the extension commencement because of an
25
amendment or amendments made by this Schedule.
26
Note:
If the extension commencement is on the 1 July that is the start of a financial year, the
27
licence fee imposed by section 104A of the SRC Act will cover recoupment of costs
28
incurred in carrying out functions under both the SRC Act and OHS Act in relation to
29
the licensee and that year. It is only if the extension commencement is on a later day in
30
a financial year that the OHS costs will not (but for this item) be able to be recouped.
31
(3)
On the extension commencement, the licensee becomes liable to pay a
32
licence fee in respect of the continued holding of the licence.
33
Schedule 1 Extending the coverage of the Occupational Health and Safety
(Commonwealth Employment) Act 1991
Part 1 Main amendments
14 OHS and SRC Legislation Amendment Bill 2005 No. , 2005
(4)
The amount of the licence fee is the amount notified in writing to the
1
licensee by the Commission, being the amount estimated by the
2
Commission to represent that part of the cost incurred by the
3
Commission and by Comcare in carrying out their respective functions
4
under the OHS Act during the relevant financial year that is reasonably
5
referable to the licensee.
6
(5)
The licence fee is payable to Comcare within such period after it is
7
notified to the licensee as Comcare determines.
8
(6)
The SRC Act applies in relation to the licence fee as if it were a licence
9
fee under section 104A of that Act.
10
(7)
The licence fee is in addition to the licence fee for which the licensee is
11
liable under section 104A of the SRC Act in relation to the relevant
12
financial year.
13
Extending the coverage of the Occupational Health and Safety (Commonwealth
Employment) Act 1991 Schedule 1
Consequential amendments of other Acts Part 2
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 15
1
Part 2--Consequential amendments of other Acts
2
Safety, Rehabilitation and Compensation Act 1988
3
41 Subparagraph 69(ef)(ii)
4
Omit "(Commonwealth Employment)".
5
42 Section 69 (note)
6
Omit "(Commonwealth Employment)".
7
43 Subsection 73A(3)
8
Omit "(Commonwealth Employment)".
9
44 Paragraph 91(3)(a)
10
Omit "(Commonwealth Employment)".
11
45 Section 96
12
Omit "(Commonwealth Employment)".
13
46 Paragraph 97D(2)(d)
14
Omit "(Commonwealth Employment)".
15
47 Paragraph 104A(2)(b)
16
Omit "(Commonwealth Employment)".
17
48 Subsection 150(2)
18
Omit "(Commonwealth Employment)".
19
49 Subsection 157(3)
20
Omit "(Commonwealth Employment)".
21
50 Paragraph 158(2)(b)
22
Omit "(Commonwealth Employment)".
23
Social Security Act 1991
24
51 Paragraph 120(a)
25
Schedule 1 Extending the coverage of the Occupational Health and Safety
(Commonwealth Employment) Act 1991
Part 2 Consequential amendments of other Acts
16 OHS and SRC Legislation Amendment Bill 2005 No. , 2005
Omit "(Commonwealth Employment)".
1
52 Paragraph 501B(8)(a)
2
Omit "(Commonwealth Employment)".
3
53 Paragraph 501D(4)(a)
4
Omit "(Commonwealth Employment)".
5
54 Paragraph 541E(3)(a)
6
Omit "(Commonwealth Employment)".
7
55 Paragraph 544B(8)(a)
8
Omit "(Commonwealth Employment)".
9
56 Paragraph 631C(a)
10
Omit "(Commonwealth Employment)".
11
57 Paragraph 745L(a)
12
Omit "(Commonwealth Employment)".
13
Regulatory contributions and licence fees under the Safety, Rehabilitation and
Compensation Act 1988 Schedule 2
Amendments Part 1
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 17
1
Schedule 2--Regulatory contributions and
2
licence fees under the Safety,
3
Rehabilitation and Compensation Act
4
1988
5
Part 1--Amendments
6
Safety, Rehabilitation and Compensation Act 1988
7
1 Subsection 4(1) (at the end of the definition of
8
Commonwealth authority)
9
Add:
10
Note:
For the purposes of the provisions relating to regulatory contributions
11
under Division 4A of Part VII, Commonwealth authority has an
12
extended meaning--see section 96.
13
2 Before section 97
14
Insert:
15
96 Extended meaning of Commonwealth authority for purposes of
16
regulatory contributions
17
For the purposes of section 97D, and the other provisions of this
18
Division as they apply in relation to regulatory contributions under
19
that section, a body that would not otherwise be a Commonwealth
20
authority for the purposes of this Act is taken to be such an
21
authority if it is a Commonwealth authority for the purposes of the
22
Occupational Health and Safety (Commonwealth Employment) Act
23
1991.
24
3 Application of amendments
25
The amendments made by this Part apply in relation to regulatory
26
contributions for the financial year starting on the day on which this
27
Part commences and later financial years.
28
Schedule 2 Regulatory contributions and licence fees under the Safety, Rehabilitation
and Compensation Act 1988
Part 2 Validation provisions
18 OHS and SRC Legislation Amendment Bill 2005 No. , 2005
1
Part 2--Validation provisions
2
4 Definitions
3
In this Part:
4
Comcare has the same meaning as it has in the SRC Act.
5
Commission has the same meaning as it has in the SRC Act.
6
OHS Act means the Occupational Health and Safety (Commonwealth
7
Employment) Act 1991.
8
SRC Act means the Safety, Rehabilitation and Compensation Act 1988.
9
Note:
Unless otherwise indicated, references in this Part to the SRC Act are references to that
10
Act as amended by the Safety, Rehabilitation and Compensation and Other Legislation
11
Amendment Act 2001.
12
5 Validation of regulatory contributions purportedly
13
determined for certain bodies
14
(1)
This item applies if:
15
(a) during a period, being all or part of the financial year starting
16
on 1 July 2002, a body was a Commonwealth authority for
17
the purposes of the OHS Act but was not a Commonwealth
18
authority for the purposes of the SRC Act; and
19
(b) Comcare has purported to make a determination under
20
section 97D of the SRC Act of an amount of regulatory
21
contribution to be paid by the body in respect of that
22
financial year; and
23
(c) the body has paid that amount to Comcare.
24
(2)
The determination referred to in paragraph (1)(b), and any other steps
25
taken by Comcare or the body in relation to the determination, are taken
26
to be, and always to have been, as valid as they would have been if the
27
body had been a Commonwealth authority for the purposes of the SRC
28
Act during the period referred to in paragraph (1)(a).
29
6 Validation of licence fees purportedly notified to certain
30
bodies
31
(1)
This item applies if:
32
(a) during a period, being all or part of the financial year starting
33
on 1 July 2002, a body held a licence under Part VIIIB of the
34
Regulatory contributions and licence fees under the Safety, Rehabilitation and
Compensation Act 1988 Schedule 2
Validation provisions Part 2
OHS and SRC Legislation Amendment Bill 2005 No. , 2005 19
SRC Act as continued in force (despite its repeal) by item 50
1
of Schedule 2 to the Safety, Rehabilitation and Compensation
2
and Other Legislation Amendment Act 2001; and
3
(b) the Commission has purported to make a notification under
4
section 104A of the SRC Act of an amount of licence fee to
5
be paid by the body in respect of that financial year; and
6
(c) the body has paid that amount to Comcare.
7
(2)
The notification referred to in paragraph (1)(b), and any other steps
8
taken by the Commission, Comcare or the body in relation to the
9
notification, are taken to be, and always to have been, as valid as they
10
would have been if the body had held a licence under Part VIII of the
11
SRC Act during the period referred to in paragraph (1)(a).
12

 


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