Commonwealth Numbered Regulations - Explanatory Statements

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OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) REGULATIONS(AMENDMENT) 1998 NO. 115

EXPLANATORY STATEMENT

Statutory Rules 1998 No. 115

Issued by authority of the Assistant Treasurer

Occupational Health and Safety (Commonwealth Employment) Act 1991

Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment)

Item 9 of Schedule 2 Part 1 of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998 (the Act) provides that the Governor-General may make regulations in relation to: transitional matters arising out of the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989, and in relation to the enactment of the Act and the Productivity Commission Act 1998.

The Act abolished the Economic Planning Advisory Commission (previously the Economic Planning Advisory Council) by repealing the Economic Planning Advisory Commission Act 1983. The Economic Planning Advisory Commission has been merged into a new body called the Productivity Commission, established by the Productivity Commission Act 1998.

Section 82 of the Occupational Health and Safety (Commonwealth Employees) Act 1991 provides that the Governor-General may make regulations for the purpose of the Act. The Occupational Health and Safety (Commonwealth Employment) Regulations made under the Occupational Health and Safety (Commonwealth Employees) Act 1991 provide, among other things, that the Director of the Economic Planning Advisory Council is the "employing authority" for the purposes of subparagraph (a)(i) of the definition of "employing authority" in subsection 5(1) of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

The purpose of the regulations is to amend the Occupational Health and Safety (Commonwealth Employment) Regulations to remove the reference to the Director of the Economic Planning Advisory Council in subsubparagraph 4(b)(ii) and replaces it with a reference to the Chair of the Productivity Commission.

Details of the Regulations are as follows.

Regulation 1. provides that the regulations commence on gazettal.

Regulation 2. provides that the Occupational Health and Safety (Commonwealth Employment) Regulations are amended as set out in these regulations.

Regulation 3.1 omits subparagraph 4(b)(ii).

Regulation 3.2 omits subparagraph 4(b)(iv) and substitutes new regulations which provide the Department of the Treasury - the Chair of the Productivity Commission and the Controller of the Royal Australian Mint are employing authorities.

Regulation 4. provides that the amendment made by regulation 3 has effect from the commencement of the Productivity Commission Act 1998.


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