Queensland Numbered Acts

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WORK HEALTH AND SAFETY ACT 2011 No. 18 - SECT 302

302 Directive by authorised officer preserved

(1) Subsection (2) applies to a directive (an old directive) given by an authorised officer under the repealed Act, part 6, division 3 before its repeal.

(2) The repealed Act, part 6, division 3 and any other provision of the repealed Act relevant to the operation of the division (the preserved provisions) continue to apply in relation to the old directive despite the repeal.

(3) Also, a further directive may be given under the preserved provisions (a consequential directive) in relation to the same matter as, or a matter connected to, the matter for which the old directive was given.

Example—
Before the repeal, an authorised officer gives a directive under the repealed Act, section 90. As a result of the response to the directive, or a lack of response to the directive, an inspector appointed under this Act gives a directive under section 91 of the preserved provisions.

(4) Under subsections (2) and (3), for any action that may be taken after the repeal, a reference in the division to an authorised officer is taken to be a reference to an inspector appointed under this Act.

(5) Under subsections (2) and (3), for the purpose of—

(a) an application for a review under the repealed Act, section 102 made after the repeal; or
(b) an action taken by the administering executive after the repeal on an application for review made before the repeal;

a reference in the division to the chief executive as the administering executive is taken to be a reference to the regulator.

Note—

Subsection (3) also necessarily affects later references to the administering executive in the repealed Act, part 9, division 2, as preserved under section 305.


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