Queensland Numbered Acts

MINES AND ENERGY LEGISLATION AMENDMENT ACT 2009 No. 16 - SECT 6

After part 5--

insert--

'(1) There is to be a Commissioner for Mine Safety and Health.

'(2) The commissioner is to be appointed by the Governor in Council by gazette notice.

'(3) Despite the Public Service Act 2008, section 8, the commissioner is a public service officer employed under the Public Service Act 2008, and not under this Act.

'(4) A person may hold the office of commissioner as well as another position under the Public Service Act 2008.

'To be appointed as commissioner, a person must have--

(a) a science or engineering qualification relevant to the mining industry; and

(b) professional experience in mine safety.

'The functions of the commissioner are--

(a) to advise the Minister on mine health and safety matters generally; and

(b) to fulfil the roles of chairperson of the coal mining safety and health advisory council and chairperson of the mining safety and health advisory council under the Mining and Quarrying Safety and Health Act 1999; and

(c) to monitor and report to the Minister and to Parliament on the administration of provisions about safety and health under this Act and other mining legislation; and

(d) to perform the functions given to the commissioner under the provisions of this Act and other mining legislation.

'The commissioner has the powers necessary or convenient to perform the commissioner's functions.

'(1) As soon as practicable, but within 4 months, after the end of each financial year, the commissioner must prepare and give to the Minister a report on the performance of the department in regulating mine safety.

'(2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.'.