Queensland Numbered Acts Queensland Numbered ActsPart 20 —
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286 Definitions for division In this division—
"corresponding provision" , for a provision of the pre-amended Act, means a provision of this Act that provides for the same, or substantially the same, matter as the provision of the pre-amended Act.
"pre-amended" Act means this Act as in force before the commencement.
287 Functions performed and powers exercised by chief executive A function performed, or power exercised, by the chief executive under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the CEO under the corresponding provision.
288 References to chief executive(1) This section applies if—(a) a provision of the pre-amended Act mentioned the chief executive; and(b) a corresponding provision mentions the CEO.(2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the chief executive is taken to be a reference to the CEO.
289 Functions performed and powers exercised by Commissioner for Mine Safety and Health(1) A function performed, or power exercised, by the Commissioner for Mine Safety and Health under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the Commissioner for Resources Safety and Health under the corresponding provision.(2) Subsection (1) is subject to section 291.
290 References to Commissioner for Mine Safety and Health(1) This section applies if—(a) a provision of the pre-amended Act mentioned the Commissioner for Mine Safety and Health; and(b) a corresponding provision mentions the Commissioner for Resources Safety and Health.(2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the Commissioner for Mine Safety and Health is taken to be a reference to the Commissioner for Resources Safety and Health.(3) Subsection (2) is subject to section 291.
291 Existing proceedings(1) This section applies to the following proceedings started before the commencement—(a) a proceeding for an offence against this Act started by—(i) the Commissioner for Mine Safety and Health; or(ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;(b) a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health;(c) an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).(2) If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement—(a) if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 234(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and(b) if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.(3) For a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO.
292 Costs of investigation(1) This section applies if a court convicts a person of an offence against this Act after the commencement.(2) The court may order the person to pay the reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence, whether the costs were incurred by the department or RSHQ, and whether the offence was committed before or after the commencement.
293 References to department(1) This section applies if—(a) a provision of the pre-amended Act mentioned the department; and(b) a corresponding provision mentions RSHQ.(2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the department is taken to be a reference to RSHQ.