Queensland Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 No. 18 - SECT 389

Before any schedule—

insert—

'In this part—

amended includes—

(a) repealed; and

(b) replaced.

Note—

See also the Acts Interpretation Act 1954, section 36, definition amend.

amendment Act means the Work Health and Safety Act 2011.

'(1) This section applies if—

(a) an offence is committed by a person against a provision of this Act before the provision is amended by the amendment Act; and

(b) the investigation or proceedings for the offence have not been conducted, taken or completed before the amending happens.

'(2) The investigation or proceedings may be conducted, taken or continued as if this Act had not been amended by the amendment Act.

'(3) However, sections 186 and 187 as applied under subsection (2) apply to offence proceedings started after the amending of the offence provision as if a reference to the chief executive were a reference to the regulator.

'(1) Subsection (2) applies to an electrical safety undertaking—

(a) made under part 3 before its amendment by the amending Act (the amendment); and

(b) in force immediately before the amendment.

'(2) Part 3 continues to apply in relation to the electrical safety undertaking as if the amendment had not happened.

'(3) However, for subsection (2), sections 51, 53 and 54, as they existed before the amendment, apply as if a reference to the chief executive were a reference to the regulator.

'(4) Also, the undertaking continues in force, in relation to an act or omission of the identified person happening after the amendment, as if it were an undertaking accepted by the regulator under section 49(1) to the extent to which the future behaviour assurance is material to compliance with this Act after the amendment.

'(5) Subsection (4) does not apply to an act or omission that constitutes a category 1 offence.

'(6) Subsection (7) and (8) apply if, immediately before the amendment, the chief executive—

(a) has received an undertaking under section 49A; but

(b) has not made a decision whether to accept the undertaking under section 50.

'(7) The regulator must decide whether or not to accept the undertaking.

'(8) If the regulator accepts the undertaking, subsections (2) to (5) and (9) and (11) apply to the undertaking.

'(9) For subsection (4), a reference—

(a) in the undertaking to the alleged contravention; or

(b) in the future behaviour assurance to a contravention of this Act as it existed before the amendment;

is taken to include a reference to a contravention of this Act that corresponds to those contraventions.

Note—

Paragraph (a) is relevant to the continued operation of section 51 as it existed before the amendment. Paragraph (b) is relevant if future behaviour is expressed in terms of contraventions of particular sections.

'(10) Despite subsections (1) to (9), the regulator may accept an electrical safety undertaking under part 3 as amended for a contravention of this Act that happened before the amendment.

'(11) In this section—

future behaviour assurance is the assurance about future behaviour from the identified person included in the electrical safety undertaking.

identified person means the identified person for the undertaking.

'(1) This section applies to a person who, immediately before the amendment of part 10, division 1 by the amending Act, was an inspector appointed under the division.

'(2) The person is taken to be appointed by the regulator as an inspector under section 123.

'(3) The inspectors compliance powers continue to be subject to a condition or limit imposed under section 123 before the amendment.

'(1) This section applies to an improvement notice—

(a) given by an inspector under section 153 (old section 153) as it existed before the amendment of the section by the amendment Act (the amendment) for a contravention or likely contravention of a provision of this Act (the notified contravention); and

(b) in force immediately before the amendment.

'(2) The notice continues to be enforceable against the person to whom it was given for an offence against old section 153(5) that happened before the amendment as if the amendment had not happened.

'(3) Also, the improvement notice continues in force and may be enforced after the amendment as if it were an improvement notice given to the person under section 146 for a contravention or likely contravention of a provision of this Act that is, or corresponds to, the provision to which the notified contravention relates.

'(1) A warrant issued under part 11 before its amendment by the amending Act continues to have effect for the purposes of this Act.

'(2) A power exercised by an inspector before the amendment of this Act by the amending Act—

(a) continues to have lawful effect for the purposes of this Act; and

(b) if the context permits, is taken to have been exercised under a corresponding provision of this Act as amended by the amendment Act.

'(3) However, subsection (2) does not apply to an exercise of an inspector's powers to which sections 249 or 251 applies.

'(4) In this section—

corresponding provision means a provision of this Act as amended by the amendment Act that corresponds to a provision under which the power mentioned in subsection (2) was exercised.

'(1) Part 12, as it existed before being amended by the amendment Act, continues to apply to a decision made before the amendment as if it had not been amended.

'(2) Another provision of this part that would have applied to a matter if the final decision on a review or appeal under part 12 had been made before the part was amended applies to matter as if the final decision had been made before the part was amended.

'(1) This section applies to an amendment of this Act carried out by the Work Health and Safety Act 2011, schedule 4 replacing in each amended provision a reference to the chief executive with a reference to the regulator.

'(2) A decision made or action taken by the chief executive made or taken before the amendment continues to have effect after the amendment.

'(3) For subsection (2)—

(a) if the context permits; and

(b) to give effect to the establishment of the office of regulator;

subsections (4) and (5) apply for the operation of the amended provision.

'(4) A reference to a decision or action made or taken under the provision by the regulator includes a reference to a decision or action made or taken by the chief executive before the amendment (the original chief executive decision or action).

'(5) If—

(a) any further decision or action must or may be taken in relation to the original chief executive decision or action; and

(b) that decision or action would have been taken by the chief executive if the provision had not been amended;

the decision or action must or may be taken by the regulator.

'(6) Sections 179, 180, 181 and 184, as they existed before being amended, continue to apply to the appointment, signature and certificate of the chief executive to which they applied before the amendment.

'(7) Without limiting subsection (6), the regulator may issue a certificate under section 181 or 184 as amended, even though the matter certified arose before they were amended.'.