Queensland Numbered Acts Queensland Numbered ActsPart 16 , division 8 , as inserted by this Act—
insert—
327 Definitions for subdivision In this subdivision—
"amendment Act" means the Work Health and Safety and Other Legislation Amendment Act 2024 .
"former" , in relation to a provision, means the provision as in force immediately before the commencement.
"new" , in relation to a provision of this Act, means the provision as in force from the commencement.
328 Existing procedures for consultation(1) This section applies if—(a) before the commencement—(i) the person conducting a business or undertaking started to consult with workers under section 47(1); and(ii) the parties had agreed to procedures for the consultation under section 47(2); and(b) immediately before the commencement, the consultation had not ended.(2) Former section 48 continues to apply in relation to the consultation as if the amendment Act had not been enacted.
329 Existing work group negotiations(1) This section applies if—(a) before the commencement, negotiations to determine a work group under section 52(1), as in force from time to time before the commencement, had started; and(b) immediately before the commencement, the work group had not been determined.(2) This section also applies if—(a) before the commencement, negotiations under section 52(4) to vary an agreement concerning the determination of a work group had started; and(b) immediately before the commencement, the agreement had not been varied.(3) From the commencement, a relevant union may not become a party to the negotiations under new section 52(1)(c) or (4B).(4) Subject to subsection (3), from the commencement, former section 52(2) and (5) continues to apply in relation to the negotiations as if the amendment Act had not been enacted.
330 Health and safety representatives to be given particular notices(1) New section 70 and new part 5, division 7A apply only in relation to a notice given by an inspector or a notice of entry given by a WHS entry permit holder after the commencement.(2) New section 70 and new part 5, division 7A apply only in relation to 1 or more of the following that happen after the commencement—(a) a written notice about a notifiable incident is given to the regulator;(b) the regulator gives a person conducting the business or undertaking details of information received about a notifiable incident;(c) the regulator gives a person conducting a business or undertaking an acknowledgement of receiving a notice about a notifiable incident.
331 Period for establishing health and safety committee(1) This section applies if—(a) before the commencement, a request mentioned in section 75(1)(a) was made to establish a health and safety committee; and(b) immediately before the commencement, the former establishment period had not ended and the committee had not been established.(2) Former section 75(1)(a) continues to apply for establishing the health and safety committee as if the amendment Act had not been enacted.(3) In this section—
"former establishment period" means the 2-month period for establishing the health and safety committee mentioned in former section 75(1)(a).
332 Resolution of existing issue relating to work health and safety(1) Subsection (2) applies if—(a) an issue relating to a matter about work health and safety mentioned in section 81(1) arose before the commencement; and(b) immediately before the commencement, the issue had not been resolved or settled, whether by a written agreement between the parties, the exercise of an inspector’s compliance powers or the commission acting under section 102C(2) or (3).(2) From the commencement, a relevant union may not become a party to the dispute under new section 80(1)(e).
333 Existing directions to cease unsafe work(1) This section applies if, before the commencement, a health and safety representative gave a direction under former section 85.(2) Former section 85 continues to apply in relation to the direction as if the amendment Act had not been enacted.
334 Time for compliance with provisional improvement notices(1) This section applies if—(a) a provisional improvement notice was issued before the commencement; and(b) immediately before the commencement, the provisional improvement notice had not been cancelled.(2) Former sections 92, 94 and 100 continue to apply in relation to the provisional improvement notice as if the amendment Act had not been enacted.
335 Existing proceedings in relation to discriminatory or coercive conduct(1) This section applies in relation to proceedings—(a) started before the commencement under section 112, as in force from time to time before the commencement; and(b) that had not been decided before the commencement.(2) The Magistrates Court may continue to hear, and decide, the proceedings under former section 112 as if the amendment Act had not been enacted.
336 Application of s 229EA Section 229EA applies in relation to an application for review filed after the commencement.
337 Existing proceedings in relation to WHS civil penalty provisions(1) This section applies in relation to WHS civil penalty proceedings—(a) started before the commencement under part 13, division 7, as in force from time to time before the commencement; and(b) that had not been decided before the commencement.(2) The Magistrates Court may continue to hear, and decide, the proceedings under former part 13, division 7 as if the amendment Act had not been enacted.
338 Application of new s 274(1) This section applies in relation to a code of practice if—(a) the code of practice was approved by the Minister after 23 October 2017; and(b) immediately before the commencement the code of practice had not expired.(2) New section 274 applies in relation to the code of practice.(3) For calculating when the code of practice must be reviewed, a review carried out by the Minister before the commencement is taken to be a review for the purpose of new section 274.
339 Existing industry sector standing committees On the commencement, the industry sector standing committees established under former schedule 2, section 14 are taken to have been established by the Minister under new schedule 2, section 14.
340 Change in committee name(1) To remove any doubt, it is declared that the replacement of schedule 2, section 23B by the amendment Act has effect only to change the name of the committee established under that section and does not establish a new committee.(2) From the commencement, if the context permits, a reference in an instrument to the affected persons committee or the Persons Affected by Work-related Fatalities and Serious Incidents Consultative Committee is taken to be a reference to the Consultative Committee for Work-related Fatalities and Serious Incidents.