New South Wales Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SCHEDULE 5

SCHEDULE 5 – Provisions transferred by the Fair Trading Legislation Amendment (Miscellaneous) Act 2018

1 Repeal of Act

The Rural Workers Accommodation Act 1969 is repealed.

2 Provisions transferred to this Schedule

Clauses 3 and 4 re-enact sections 5, 6 and 8 of the Rural Workers Accommodation Act 1969 and are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

3 Accommodation to be provided for rural worker

(1) A person who has control of rural premises must provide suitable accommodation to a rural worker who works at the rural premises if due to the nature of the work, the rural worker must live for a period exceeding 24 hours at or near the rural premises.
: Maximum penalty--250 penalty units.
(2) It is a defence to any proceedings against a person for an offence against subclause (1) if the person proves that--
(a) it was not reasonably practicable for the person to comply with this clause, or
(b) the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision.

4 Cost of accommodation

The accommodation provided for a rural worker is, subject to any contrary provision of a Commonwealth or State industrial instrument applicable to the worker, to be provided free of cost to the worker.

5 Savings provisions

(1) Section 22 (Liability of directors etc for offences by corporation--accessory to the commission of the offences) of the Rural Workers Accommodation Act 1969 , as in force immediately before its repeal, continues to have effect in relation to the offence against clause 3 (1).
(2) A code of practice in force immediately before the repeal of the Rural Workers Accommodation Act 1969 by the Fair Trading Legislation Amendment (Miscellaneous) Act 2018 is taken to be an approved code of practice under Part 14 of this Act.



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