Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Consequential amendments
Safety, Rehabilitation and Compensation Act 1988
1 Subparagraph 69(ef)(ii)
After " Occupational Health and Safety Act 1991 ", insert ", the Work Health and Safety Act 2011 and the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 ".
2 Section 69 (note)
Omit " Occupational Health and Safety Act 1991 ", substitute " Work Health and Safety Act 2011 ".
3 Subsection 73(1)
After "under this Act", insert "or the Work Health and Safety Act 2011 ".
4 Subsection 73A(3)
Omit "or section 12A of the Occupational Health and Safety Act 1991 ".
5 Section 73B
After "functions and powers", insert "other than the functions and powers of Comcare under the Work Health and Safety Act 2011 ".
6 Section 73B (note)
Omit "Note", substitute "Note 1".
7 At the end of section 73B
Add:
Note 2: The delegation of Comcare's functions and powers under the Work Health and Safety Act 2011 is dealt with in section 154 of that Act.
8 At the end of section 89B
Add:
Note: Functions have also been conferred on the Commission by the Work Health and Safety Act 2011 .
9 Subsection 89D(1)
After "under this Act", insert "or the Work Health and Safety Act 2011 ".
10 Paragraph 89E(1)(b)
Repeal the paragraph.
11 Paragraph 89E(1)(c)
Omit "2", substitute "3".
12 Subsection 89R(1)
Omit "The Commission", substitute "Subject to subsection (1A), the Commission".
13 After subsection 89R(1)
Insert:
(1A) The Commission must not delegate to the Chief Executive Officer any of its functions or powers under the Work Health and Safety Act 2011 .
14 Subsection 91(3)
Omit "shall", substitute "must".
15 Paragraph 91(3)(a)
Repeal the paragraph, substitute:
(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by Comcare in the performance of its functions and the exercise of its powers under all or any of the following Acts:
(i) this Act;
(ii) the Occupational Health and Safety Act 1991 ;
(iii) the Work Health and Safety Act 2011 ;
(iv) the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 ;
(v) the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 ;
16 Section 96
Omit "it is a Commonwealth authority for the purposes of the Occupational Health and Safety Act 1991 ", substitute "it is a public authority for the purposes of the Work Health and Safety Act 2011 ".
17 Paragraph 97D(2)(d)
After " Occupational Health and Safety Act 1991 ", insert ", the Work Health and Safety Act 2011 and the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 ".
18 After subsection 104(2)
Insert:
(2A) The Commission must not grant a licence to the applicant if:
(a) because of the past conduct of the applicant, including the applicant's performance in complying with the law of the Commonwealth or of a State or Territory dealing with occupational health and safety, the Commission is satisfied that it is unlikely that the applicant will, if licensed, meet the standards set by the Commission for the occupational health and safety of the applicant's employees; or
(b) because of the past conduct of the applicant, including the applicant's performance in meeting obligations in relation to rehabilitation under the law of the Commonwealth or of a State or Territory, the Commission is satisfied that it is unlikely that the applicant will, if licensed, meet the standards set by the Commission for the rehabilitation of the applicant's employees; or
(c) because of the past conduct of the applicant, including the applicant's performance in meeting obligations in relation to claims management under the law of the Commonwealth or of a State or Territory, the Commission is satisfied that it is unlikely that the applicant will, if licensed, manage claims in accordance with the standards set by the Commission.
19 Paragraph 104A(2)(b)
Repeal the paragraph, substitute:
(b) that part of the cost incurred (if any) by the Commission and by Comcare in carrying out their respective functions under the Occupational Health and Safety Act 1991 , the Work Health and Safety Act 2011 and the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 during the relevant period that is reasonably referrable to the licensee.
20 Subsection 150(2)
Repeal the subsection, substitute:
(2) The Commission must not make guidelines that are inconsistent with:
(a) any directions under section 149 of this Act; and
(b) any directions given to Comcare under section 73 of this Act in relation to the performance of its functions or the exercise of its powers under the Work Health and Safety Act 2011 .
21 Paragraph 158(2)(b)
After " Occupational Health and Safety Act 1991 ", insert ", the Work Health and Safety Act 2011 and the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 ".
22 Application of items 17, 19 and 21
The amendments made by items 17, 19 and 21 apply in relation to the financial year starting on 1 July 2011 and each later financial year.
23 Application of other items
The amendments made by all of the other items in this Part apply on and from 1 July 2011.
Part 2 -- Transitional provisions relating to regulatory contributions and licence fees
24 Variation of determination of regulatory contribution
(1) Comcare may, in writing, vary a determination of the amount of an Entity's or Commonwealth authority's regulatory contribution for the financial year beginning on 1 July 2011, so that the contribution includes:
(a) that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under the OHS Act that Comcare determines, in accordance with guidelines under section 97E of the SRC Act, to be referrable to that Entity or authority (as adjusted, if necessary, to take into account the repeal of the OHS Act and the enactment of the WHS Act and this Act); and
(b) that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under the WHS Act and this Act that Comcare determines, in accordance with guidelines under section 97E of the SRC Act, to be referrable to that Entity or authority.
(2) This item applies despite subsection 97M(1) of the SRC Act.
(3) However, the remainder of section 97M of the SRC Act applies in relation to a variation under this item, and the regulatory contribution to which the variation relates, in the same way as it applies to a variation under that section, and a regulatory contribution to which that variation relates.
25 Variation of licence fee
(1) Comcare may, by notice in writing to a licensee, vary the amount of the licence fee that the licensee is liable to pay for the financial year beginning on 1 July 2011, so that the licence fee includes:
(a) that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under the OHS Act during the financial year that is reasonably referrable to the licensee (as adjusted, if necessary, to take into account the repeal of the OHS Act and the enactment of the WHS Act and this Act); and
(b) that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under the WHS Act and this Act during the financial year that is reasonably referrable to the licensee.
(2) If the licence fee that the licensee is liable to pay increases as a result of a variation under subitem (1), an amount equal to the increase is payable to Comcare within such period after the variation is notified to the licensee as the Commission determines.
(3) Nothing in this item affects the power of Comcare to vary the licence fee for any other reason.
26 Variation of determination of regulatory contribution by Defence Department
(1) Comcare may, in writing, vary a determination of the amount of the Defence Department's regulatory contribution for the financial year beginning on 1 July 2011, so that the contribution includes:
(a) that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under the OHS Act that Comcare determines, in accordance with guidelines under section 97E of the SRC Act, to be referrable to the Defence Department in relation to defence service (as adjusted, if necessary, to take into account the repeal of the OHS Act and the enactment of the WHS Act and this Act); and
(b) that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under the WHS Act and this Act that Comcare determines, in accordance with guidelines under section 97E of the SRC Act, to be referrable to the Defence Department in relation to defence service.
(2) This item applies despite subsection 97M(1) of the SRC Act (as applied under section 159 of that Act).
(3)
However, the remainder of section 97M of the SRC Act (as applied under
section 159 of that Act) applies in relation to a variation under this
item, and the regulatory contribution to which the variation relates, in the
same way as it applies to a variation under that section, and a regulatory
contribution to which that variation relates.