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WORK HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 41

Amendment of s 102D (Review of particular decisions made by inspector)

41 Amendment of s 102D (Review of particular decisions made by inspector)

(1) Section 102D (1)
omit, insert—
(1) Subsections (1A) to (2A) apply if the dispute relates to any of the following decisions (each an
"original decision" ) made by an inspector—
(a) a decision under section 54(5) or 76(6B);
(b) a decision (a
"compliance decision" ) to exercise, or not to exercise, compliance powers under part 10 to assist in resolving the dispute.
(1A) In dealing with the dispute under this division, the commission may review the decision.
(2) Section 102D (2) , ‘a compliance decision under subsection (1) ’—
omit, insert—
the original decision under subsection (1A)
(3) Section 102D (2) (a) and (b) (i) , ‘the compliance decision’—
omit, insert—
the original decision
(4) Section 102D
insert—
(2A) Despite section 102C(3), the commission must not make an order under this division staying the operation of the original decision.
(2B) Subsections (3) to (6) apply if the dispute relates to an original decision that is a compliance decision.
(5) Section 102D (4)
omit.



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