Schedule 8 Savings and transitional provisions
(Section 55)
Part 1 Savings and transitional provisions consequent on enactment of certain Acts
(1) The regulations may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
Occupational Health and Safety Legislation (Amendment) Act 1994
WorkCover Legislation Amendment Act 1995
Occupational Health and Safety Amendment Act 1997
(2) Any such provision may, if the regulations so provide, take effect as from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of the Occupational Health and Safety Legislation (Amendment) Act 1994
In this Part:amending Act means the Occupational Health and Safety Legislation (Amendment) Act 1994.
(1) An existing inspector is taken to be appointed under Division 4 of Part 3 of this Act as amended by the amending Act.(2) A reference in any other Act, in an instrument made under any Act or in any document of any kind to an existing inspector is to be read as a reference to an inspector appointed under this Act as amended.(3) In this section:existing inspector means:
(a) an inspector appointed under the Factories, Shops and Industries Act 1962 and holding office immediately before the commencement of Schedule 3 (2) to the amending Act, or(b) an inspector appointed under the Construction Safety Act 1912 and holding office immediately before the commencement of Schedule 2 (2) to the amending Act.
Division 2 Transitional provisions relating to fumigations and pesticides
4 Restriction on use of dangerous substance for fumigation
(1) In this Division:dangerous substance includes:
(a) hydrocyanic acid, or(b) any other substance prescribed by the regulations to be a dangerous substance for the purposes of this Division.(2) A person who uses any dangerous substance for the purpose of fumigating premises is guilty of an offence unless:(a) the person is the holder of a licence (a fumigation licence) issued by the WorkCover Authority for the purposes of this Division, or(b) the fumigation is carried out under the personal supervision of the holder of the fumigation licence.(3) The holder of a fumigation licence must observe and comply with the licence conditions when using any dangerous substance for the purpose of fumigating premises.Maximum penalty: 40 penalty units.
(4) This clause has effect until the repeal or expiry of the Occupational Health and Safety (Fumigations and Pesticides) Regulation referred to in clause 5 (2) (b).
5 Revival of Part 12 of Public Health Regulations
(1) The repeal of Part 12 of the Public Health Regulations by section 10 of the Subordinate Legislation Act 1989 on 1 September 1992 is taken to have been postponed on 2 occasions under that Act and, accordingly, that Part as in force immediately before its repeal did not expire on that date.(2) Part 12 of the Public Health Regulations (as continued in force by subclause (1)):(a) is taken to have been made under this Act and may be amended or repealed accordingly, and(b) may be cited as the Occupational Health and Safety (Fumigations and Pesticides) Regulation.
6 Proclamations under section 71A of Public Health Act 1902
Any proclamation made by the Governor under section 71A of the Public Health Act 1902 that was in force immediately before the repeal of that section is taken to have continued in force since that repeal and is taken, on the commencement of this clause, to have been made under clause 4.
7 Validation—section 71B of Public Health Act 1902 and Part 12 of Public Health Regulations
Any act or thing done or purporting to be done before the commencement of this clause:(a) under section 71B of the Public Health Act 1902 since the repeal of that section, or(b) under Part 12 of the Public Health Regulations since the repeal of that Part,and that would have been validly done if that section or Part had continued in force is validated.
8 Repeal of clause 89 of Public Health Regulation 1991
Clause 89 of the Public Health Regulation 1991 is repealed.
Part 3 Provisions consequent on enactment of the WorkCover Legislation Amendment Act 1995
In this Part:amending Act means the WorkCover Legislation Amendment Act 1995.
10 Alternative convictions (section 15 and 16)
(1) The amendments made to sections 15 and 16 by the amending Act do not apply in respect of proceedings against a person for an offence against section 15 or 16 that were commenced in a court before the commencement of those amendments.(2) In respect of any proceedings against a person that are commenced in a court on or after the commencement of those amendments, the amendments apply whether the offence is alleged to have been committed before or after the commencement of those amendments.
11 Increase in penalty that may be imposed by Local Court
(1) The amendment made to section 47 of this Act (Summary procedure for offences) by the amending Act does not apply in respect of proceedings for an offence against this Act or the regulations that were commenced in a Local Court before the commencement of that amendment.(2) In respect of proceedings commenced on or after the commencement of that amendment, the amendment applies whether the offence was committed before or after the commencement of the amendment.
12 Power of court to order that contravention of Act or regulations be remedied
Section 47A of this Act (which was inserted by the amending Act) applies in respect of any person convicted of an offence against this Act or the regulations on or after the commencement of that section, even if the offence was committed before the commencement of that section.
13 Increase in time limit for institution of offence proceedings
Section 49 (2), (3) and (4) of this Act (as inserted by the amending Act) extend to apply in respect of an act or omission constituting an offence against this Act or the regulations which occurred within 2 years before the commencement of those subsections.
14 Change in defences available to directors and managers
The amendment made to section 50 of this Act by the amending Act does not apply in respect of a contravention of this Act or the regulations that occurred before the commencement of that amendment.
15 Increased penalty for additional offence
(1) The amendment made to section 51A of this Act by the amending Act does not apply in respect of proceedings for an offence against this Act which was committed before the commencement of that amendment.(2) Section 51A, as in force immediately before that amendment, continues to apply in respect of such proceedings as if the amendment had not been made.
Part 4 Provisions consequent on enactment of Occupational Health and Safety Amendment Act 1997
In this Part, amending Act means the Occupational Health and Safety Amendment Act 1997.
17 Temporary preservation of regulation-making powers under repealed associated legislation
Until the end of the period of 3 years after the repeal of the provisions of the former associated occupational health and safety legislation referred to in Schedule 2 to the amending Act, regulations may be made under this Act for or with respect to any matter contained in that legislation or any matter that could have been prescribed by regulation under that legislation (but for its repeal).
18 Staged repeal under Subordinate Legislation Act 1989 of regulations to be repealed by amending Act
A regulation that is to be repealed by the amending Act is taken not to be repealed by section 10 of the Subordinate Legislation Act 1989.
19 Saving of existing certificates of competency
(1) This clause applies to any certificate of competency or other permit that is required to be held under the regulations made under this Act.(2) A certificate of competency or other permit under an Act or regulation (or a provision of an Act or regulation) repealed by the amending Act that:(a) was held immediately before that repeal, and(b) is of a similar kind to a certificate of competency or other permit to which this clause applies,is taken to be a certificate of competency or other permit to which this clause applies.(3) This clause is subject to the provisions of the regulations under this Act.
20 Application of amendments to section 18
The amendments made to section 18 by the amending Act:(a) apply to any plant or substance designed or manufactured after (but not before) the commencement of those amendments, and(b) apply to any plant or substance supplied after (but not before) the commencement of those amendments, irrespective of when it was designed or manufactured.
21 Application of section 46 (2) (relationship of regulations with Part 3)
Section 46 (2) (as inserted by the amending Act) does not apply to proceedings instituted before the commencement of section 46 (2).
22 Application of section 49A (Multiple contraventions of Part 3)
Section 49A (as inserted by the amending Act) applies to charges made after the commencement of that section, whether the offence to which the charge relates was committed before or after that commencement.
Part 5 Provisions consequent on enactment of Occupational Health and Safety Amendment (Police Officers) Act 2000
Section 4 (3A), as inserted by the Occupational Health and Safety Amendment (Police Officers) Act 2000, extends to acts, matters or things that are the subject of proceedings commenced, but not finally determined, before the commencement of that Act.