Schedule 3 Savings, transitional and other provisions
(Section 141)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
Occupational Health and Safety Amendment (Dangerous Goods) Act 2003
Occupational Health and Safety Amendment (Prosecutions) Act 2003
Workers Compensation and Other Legislation Amendment Act 2004 (but only to the extent that it amends this Act)
Occupational Health and Safety Amendment (Workplace Deaths) Act 2005
Industrial Relations Further Amendment Act 2006 (but only to the extent that it amends this Act)
Occupational Health and Safety Amendment (Authorised Representatives) Act 2009
(2) Any such provision may, if the regulations so provide, take effect 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 this Act
In this Part:commencement of this Act means, if this Act commences on different days, the day on which the relevant provision of this Act commences.
former Act means the Occupational Health and Safety Act 1983.
Division 2 Regulations under repealed Acts
Each of the following regulations is repealed, on the date appointed under this Act for the commencement of this clause in respect of the regulation concerned:(a) each regulation made under the former Act,(b) the following regulations under the Factories, Shops and Industries Act 1962:Abrasive Blasting Regulations
Boiler and Pressure Vessel Regulations
Chaff-cutting Machines (Safety) Regulation 1980
Engine Drivers and Boiler Attendants Certification Regulations
Explosive-powered Tool Regulations
Factories (Health and Safety—Asbestos Processes) Regulation 1984
Factories (Health and Safety—Circular Saws) Regulations 1943
Factories (Health and Safety—Dipping in Flammable Solutions) Regulation 1976
Factories (Health and Safety) Electroplating Regulation 1988
Factories (Health and Safety—Furnaces) Regulation 1983
Factories (Health and Safety) General Regulations 1913
Factories (Health and Safety—Spray Painting) Regulation 1977
Foundry Regulations
Lead Regulations
Local Government Industries (Machine Safety) Regulation
Locomotive Regulations
Rural Industries (Machine Safety) Regulations
Timber Industry (Health and Safety) Regulation 1982
Welding Regulations
(c) the Construction Safety Regulations 1950 under the Construction Safety Act 1912.
4 Saving of regulations pending their repeal
(1) This clause applies if the provision of the Act under which any such regulation is made is repealed before the date appointed for the repeal of the regulation.(2) Pending the repeal of any such regulation, the regulation is, to the extent that it could legally be made under this Act, taken to be a regulation made under this Act.
5 Temporary preservation of regulation-making powers under repealed associated legislation
Until the end of the period of 3 years after the repeal by this Act of any provision of an Act, regulations may be made under this Act for or with respect to any matter contained in that provision or any matter that could have been prescribed by regulation under that provision (but for its repeal).
6 Staged repeal under Subordinate Legislation Act 1989 of regulations to be repealed by this Part
A regulation that is to be repealed by this Part is taken not to be repealed by section 10 of the Subordinate Legislation Act 1989.
Division 3 Miscellaneous provisions
Pending the repeal of any provision of an Act or regulation by this Act that was associated occupational health and safety legislation under the former Act, the provision is taken to be associated occupational health and safety legislation for the purposes of this Act.
(1) An occupational health and safety committee established under section 23 of the former Act is, subject to the regulations, taken to be an OHS committee established under Division 2 of Part 2 of this Act.(2) The regulations may provide for the staged implementation of the duties imposed under Division 2 of Part 2 of this Act.
An industry code of practice approved and in force under Part 4A of the former Act immediately before the repeal of that Act is taken to be an approved industry code of practice under Part 4 of this Act.
10 Improvement or prohibition notices
(1) An improvement notice may be issued under this Act in respect of a contravention of the former Act or the regulations under the former Act that occurred before the commencement of this Act.(2) An improvement notice or prohibition notice issued under the former Act and in force on the commencement of this Act is taken to be an improvement notice or prohibition notice issued under this Act.(3) Any appeal, review or other proceeding pending under the former Act with respect to an improvement notice or prohibition notice issued under the former Act, or a notice issued under section 21B, 21C or 31Z of the former Act, is taken to be a proceeding pending under the corresponding provision of this Act.
(1) A person appointed as an inspector under Division 4 of Part 3 of the former Act and holding office on the repeal of the former Act is taken to be appointed as an inspector under this Act, subject to the regulations under this Schedule.(2) A written authority issued to the inspector under section 31C of the former Act is taken to be an identification card issued under this Act until its replacement under this Act, and may be used by the inspector even though it refers to provisions of the former Act.(3) A reference in any other Act, in an instrument made under any Act or in any document of any kind to a former inspector is to be construed as a reference to an inspector under this Act. In this subclause, former inspector means:(a) an inspector appointed under Division 4 of Part 3 of the former Act, or(b) an inspector appointed under the Factories, Shops and Industries Act 1962, or(c) an inspector appointed under the Construction Safety Act 1912.
12 Investigative powers and related matters
(1) Part 5 (Investigations) extends to the exercise of powers in connection with the former Act or a regulation under the former Act in respect of offences committed against the former Act or the regulation before its repeal or in respect of any other matter that continues to have any force or effect (except as provided by or under this Schedule).(2) In subclause (1), former Act includes any Act or provision of an Act that is repealed by this Act.(3) Section 88 applies to any report prepared or made public under section 31AQ of the former Act.
13 Criminal and other proceedings for offences under former Act
(1) Part 7 (Criminal and other proceedings) extends (subject to this clause) to proceedings in connection with the former Act in respect of offences committed against the former Act before its repeal or in respect of any related matter that continues to have force or effect.(2) This clause applies whether any such proceedings are pending on the repeal of the former Act or whether the proceedings are instituted after that repeal.(3) Part 7 applies with such modifications as are prescribed by the regulations or as are necessary for the purposes of applying that Part to any such proceedings.(4) Division 3 of Part 7 does not authorise any such proceedings against the Crown or any agent of the Crown if those proceedings would not have been authorised under the former Act.(5) In this clause, former Act includes any Act or provision of an Act that is repealed by this Act.
An application for a guideline judgement pending under Part 7 of the former Act on the repeal of that Part, and any guideline judgement given under that Part, is taken to be an application for a guideline judgement pending under Division 4 of Part 7 of this Act or a guideline judgement given under that Division, as the case requires.
15 Existing notices, exemptions etc
(1) A notice, direction, order, requirement or exemption that:(a) is given, issued or made under the former Act, and(b) is in force on the repeal of the former Act,has effect for the purposes of any corresponding provision of or made under this Act, unless this Act or the regulations otherwise provide.(2) In this clause, former Act includes any Act or provision of an Act that is repealed by this Act.
The amendments made by this Act to the Crimes (Sentencing Procedure) Act 1999 do not apply to proceedings instituted before the commencement of those amendments.
Any thing done under an Act or a provision of an Act repealed by this Act that has any force or effect immediately before its repeal is taken to have been done under the corresponding provision of this Act, subject to any express or implied provision to the contrary in this Act or the regulations made under this Act.
Part 3 Provisions consequent on enactment of Occupational Health and Safety Amendment (Prosecutions) Act 2003
In this Part:amending Act means the Occupational Health and Safety Amendment (Prosecutions) Act 2003.
former Act means the Occupational Health and Safety Act 1983.
proceedings includes purported proceedings.
terminated includes stayed, dismissed or not proceeded with for any other reason (including nullity).
19 Application of amendments to offences
(1) Section 106, as amended by the amending Act, extends to proceedings relating to offences under this Act or the regulations committed before the commencement of the amending Act.(2) Section 106, as amended by the amending Act, extends (by the operation of clause 13) to proceedings relating to offences under the former Act or regulations under that Act.(3) This clause applies whether any proceedings referred to in this clause were or are instituted before, on or after the commencement of the amending Act or are pending on that commencement.(4) In the case of proceedings instituted under section 48 of the former Act before that commencement, section 48 (1) (a) of that Act is to be construed as if a reference to the Minister in that paragraph was and always had been a reference to any Minister of the Crown.(5) In the case of any proceedings referred to in this clause that were instituted before that commencement, any such proceedings are taken to have been validly instituted, and to have always been validly instituted, if they were consented to by a Minister of the Crown.
(1) This clause applies to proceedings terminated in the Industrial Relations Commission before the commencement of the amending Act if:(a) the proceedings related to alleged offences under this Act or the former Act or the regulations under those Acts, and(b) the proceedings were consented to by a Minister of the Crown and were terminated merely because the proceedings were invalidly instituted, and(c) the proceedings would have been taken to have been validly instituted if the amending Act had commenced before the proceedings were terminated.(2) Any such proceedings may be recommenced, on the basis of the applications and other documents by which those proceedings were last commenced and without any further consent being required, whether or not the time for commencing such proceedings has expired under this or any other Act and despite any changes to the manner of commencing proceedings since they were last commenced.(3) If any terminated proceedings are recommenced, any thing done in the terminated proceedings (other than the termination of the proceedings) is taken to have been done in the recommenced proceedings.
Part 4 Provisions consequent on enactment of Workers Compensation and Other Legislation Amendment Act 2004
21 Time for instituting proceedings
Section 107A, as inserted by the Workers Compensation and Other Legislation Amendment Act 2004, does not apply to or in respect of a work incident (within the meaning of that section) that occurred before the commencement of that section.
Part 5 Provision relating to Occupational Health and Safety Amendment (Workplace Deaths) Act 2005
22 Law Reform Commission review of Occupational Health and Safety Amendment (Workplace Deaths) Act 2005
(1) The Law Reform Commission is to inquire into, and report on, the effectiveness of the provisions inserted into the Occupational Health and Safety Act 2000 and the Criminal Appeal Act 1912 by the Occupational Health and Safety Amendment (Workplace Deaths) Act 2005 (the relevant provisions).(2) The Law Reform Commission in carrying out that inquiry, and making that report, is to have particular regard to:(a) whether the relevant provisions are achieving their aims and objectives, and(b) whether the relevant provisions are appropriate to achieve those aims and objectives, and(c) the incidence and circumstances of workplace deaths in New South Wales since the enactment of the relevant provisions and whether the relevant provisions have contributed to a reduction in workplace deaths in New South Wales, and(d) any deficiencies with the relevant provisions that have become apparent since their enactment, and(e) provisions relating to workplace deaths in other Australian jurisdictions and their operation and effectiveness.(3) The Law Reform Commission in carrying out that inquiry, and making that report, is to:(a) consult with unions, employees, employers and other interested stakeholders, and(b) conduct public hearings.(4) The inquiry and report is to be undertaken under and in accordance with the Law Reform Commission Act 1967.(5) The inquiry is to commence before the expiration of the period of 3 years after the commencement of the relevant provisions.(6) The Attorney General is required to table or cause to be tabled in Parliament the report, and a detailed written response of the Government, within 3 months after the report is made by the Law Reform Commission.
Part 6 Provision relating to Occupational Health and Safety Amendment (Authorised Representatives) Act 2009
(1) In this clause:amending Act means the Occupational Health and Safety Amendment (Authorised Representatives) Act 2009.
authorised representative has the same meaning as in Division 3 of Part 5 of this Act.
(2) Before the commencement of Schedule 1 [1] to the amending Act, a person who for any period was an authorised industrial officer within the meaning of Part 7 of Chapter 5 of the Industrial Relations Act 1996 is taken, for the purposes of this or any other Act or law, to have been an authorised representative during that same period.(3) Any act or omission of a person referred to in subclause (2), that would have been valid had Schedule 1 [1] to the amending Act commenced before the act or omission, is validated.(4) Subclauses (2) and (3) do not affect any decision of a court made before the commencement of this clause.
Part 7 Provisions consequent on enactment of Occupational Health and Safety Amendment Act 2011
(1) In this Part:amending Act means the Occupational Health and Safety Amendment Act 2011.
(2) This Part has effect subject to the regulations under Part 1.
25 Offence by corporation—liability of directors and managers
Section 26 (as substituted by the amending Act) applies only in respect of acts and omissions occurring on or after the date of assent to the amending Act, and that section (as in force immediately before its substitution by the amending Act) continues to apply in respect of any contravention of this Act or the regulations that is alleged to have occurred before the date of assent to the amending Act.
26 Qualified general duties amendments
(1) The qualified general duties amendments made by the amending Act apply only in respect of acts and omissions occurring on or after the date of assent to the amending Act.(2) The qualified general duties amendments are all of the amendments made by the amending Act except the following amendments:(a) the substitution of section 26,(b) the amendments of sections 32A and 106 and Schedule 3.