Occupational Health and Safety Act 2000 No 40
Repealed version for 1 July 2011 to 31 December 2011 (accessed 27 November 2014 at 19:07)
Part 8

Part 8 Miscellaneous

132   Application of associated occupational health and safety legislation

(1)  Subject to this section, the provisions of the associated occupational health and safety legislation are to be observed in addition to the provisions of this Act and the regulations.
(2)  Except as provided by subsection (3), where any provision of the associated occupational health and safety legislation is inconsistent with a provision of this Act or the regulations, the provision of this Act or the regulations prevails.
(3)  A person is not guilty of an offence under Part 2 in respect of any act or omission that is expressly required or permitted to be done or omitted by or under the associated occupational health and safety legislation.
(4)  Where an act or omission constitutes an offence:
(a)  under this Act or the regulations, and
(b)  under the associated occupational health and safety legislation,
the offender is not liable to be punished twice in respect of the offence.

133   Application of Act to mining workplaces and coal workplaces—references to WorkCover

The regulations may provide that a reference in any provision of this Act to WorkCover, or to an officer of WorkCover, in connection with the application of the provision to a mining workplace or a coal workplace, is taken to be or include a reference to a specified government department or agency, or an officer of a government department or agency, exercising functions in connection with the administration of the Mine Health and Safety Act 2004, the Petroleum (Onshore) Act 1991, the Petroleum (Submerged Lands) Act 1982 or the Coal Mine Health and Safety Act 2002, or a reference to the Minister administering any of those Acts.
Note. See, for example, Division 2 of Part 2 (Duty to consult), Part 4 (Industry codes of practice), and section 114 (Orders regarding costs and expenses of investigation).

134   Application of Act to police officers

To avoid doubt, a police officer is, for the purposes of this Act:
(a)  an employee of the Crown, and
(b)  at work throughout the time when the officer is on duty, but not otherwise.

135   Plant affecting public safety—extension of Act

(1)  In this section:

plant affecting public safety means any plant (including but not limited to plant of the following kinds) that is prescribed by the regulations as plant affecting public safety, whether or not the plant is at a place of work or for use at work:

(a)  boilers and pressure vessels,
(b)  escalators, lifts and moving walks,
(c)  scaffolding.

(2)  The following provisions of this Act extend to plant affecting public safety even though the plant is not at a place of work or is not for use at work:
(a)  Division 4 of Part 2 (Ancillary provisions),
(b)  Part 3 (Regulations) and Part 4 (Industry codes of practice),
(c)  Divisions 1, 2 and 4 of Part 5 (Investigations) and Part 6 (Investigation, improvement and prohibition notices).
(3)  For the purposes of the application of those provisions:
(a)  a reference to work includes a reference to operating any plant affecting public safety, and
(b)  a reference to a place of work includes a reference to any plant affecting public safety and the premises at or in which the plant is situated or used, and
(c)  a reference to occupational health and safety includes a reference to public health and safety.
(4)  This section does not affect the application of this Act to plant affecting public safety apart from the operation of this section.

135A   Dangerous goods—extension of Act

(1)  In this section:

dangerous goods means:

(a)  substances or articles subject to a national standard declared by the National Occupational Health and Safety Commission under section 38 of the National Occupational Health and Safety Commission Act 1985 of the Commonwealth, and
(b)  any other substances or articles that are a risk to public safety.

handling, in relation to dangerous goods, includes conveying, manufacturing, processing, possessing, using, preparing for use, treating, dispensing, packing, selling, offering for sale, supplying, transferring, loading and unloading, rendering harmless, abandoning, destroying and disposing of dangerous goods.

storing includes storing as a bailee or in any other capacity.

(2)  The regulations may declare that specified dangerous goods (whether or not at a place of work) are dangerous goods to which this section applies. Any such declaration may provide that those substances or articles are not dangerous goods to which this section applies at premises that are not a place of work unless the quantity of those goods at those premises exceeds a minimum quantity prescribed by the regulations.
(3)  The following provisions of this Act extend to dangerous goods to which this section applies even though the goods are not at a place of work or are not for use at work:
(a)  Division 4 (Ancillary provisions) of Part 2,
(b)  Part 3 (Regulations) and Part 4 (Industry codes of practice),
(c)  Divisions 1, 2 and 4 of Part 5 (Investigations) and Part 6 (Investigation, improvement and prohibition notices).
(4)  For the purposes of the application of those provisions:
(a)  a reference to work includes a reference to storing or handling dangerous goods to which this section applies, and
(b)  a reference to a place of work includes a reference to the premises at or in which the dangerous goods to which this section applies are stored or handled, and
(c)  a reference to occupational health and safety (however expressed) includes a reference to public health and safety.
(5)  This section does not affect the application of this Act to dangerous goods apart from the operation of this section.

136   Offence of obstructing or intimidating inspectors and others exercising functions under Act

(1)  A person must not:
(a)  obstruct, hinder or impede any authorised official in the exercise of the official’s functions under this Act, or
(b)  intimidate or threaten or attempt to intimidate any authorised official in the exercise of the official’s functions under this Act.

Maximum penalty:

(a)  in the case of a corporation (being a previous offender)—750 penalty units, or
(b)  in the case of a corporation (not being a previous offender)—500 penalty units, or
(c)  in the case of an individual (being a previous offender)—225 penalty units, or
(d)  in the case of an individual (not being a previous offender)—150 penalty units.

(2)  In this section:

authorised official means an inspector, an authorised representative (within the meaning of Division 3 of Part 5), a member of an OHS committee, an OHS representative or other person authorised to exercise functions under this Act or the regulations.

137   Disclosure of information by inspectors and others

(1)  A person who is, or was at any time, an authorised official exercising functions under this Act must not disclose any information relating to any manufacturing or commercial secrets or working processes that was obtained by the authorised official in connection with the administration or execution of this Act (including the exercise of any function under this Act).

Maximum penalty: 20 penalty units.

(2)  Subsection (1) does not operate to prevent the disclosure of information where that disclosure is:
(a)  made in connection with the administration or execution of this Act (including the exercise of any function under this Act), or
(b)  made with the prior permission of the Minister, or
(c)  ordered by a court, or by any other body or person authorised by law to examine witnesses, in the course of, and for the purpose of, the hearing and determination by that court, body or person of any matter or thing.
(3)  The Minister may grant the permission referred to in subsection (2) (b) only if the Minister is satisfied that to do so would be in the public interest.
(4)  In this section:

authorised official means an inspector, an authorised representative (within the meaning of Division 3 of Part 5), a member of an OHS committee, an OHS representative or other person authorised to exercise functions under this Act or the regulations.

this Act includes the Occupational Health and Safety Act 1983.

137A   Delegation of certain functions

(1)  The Minister may delegate to the Director-General any of the following functions of the Minister:
(a)  (Repealed)
(b)  any function under this Act that is to be exercised by the Minister as a result of a regulation under section 133 that provides that a reference to WorkCover in a particular provision of this Act is to be read as a reference to the Minister.
(2)  The Director-General may delegate to any authorised person any function of the Director-General under this Act, other than this power of delegation.
(3)  The Director-General may subdelegate to any authorised person any function delegated to the Director-General by the Minister if the Director-General is authorised to do so by the Minister.
(4)  In this section:

authorised person means a public servant, or any other person authorised by the regulations.

Director-General means the Director-General of the Department of Mineral Resources.

138   Notes

Notes in the text of this Act do not form part of this Act.

139   Repeals

(1)  The Acts specified in Schedule 1 are repealed.
(2)  Different days may be appointed for the commencement of Schedule 1 for the purpose of repealing different Acts or different provisions of an Act on different days.

140   (Repealed)

141   Savings, transitional and other provisions

Schedule 3 has effect.

142   Review of Act

(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
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