Part 4 Application of Occupational Health and Safety Act 2000
Note. The Occupational Health and Safety Act 2000 is the main Act that deals with the health, safety and welfare of persons at work, including persons at work at a mine. This Part explains how this Act fits in with the Occupational Health and Safety Act 2000. Generally, this Act creates additional protections, rights and obligations necessary because of the special risks associated with mines. This Part makes it clear that this Act provides for an increase in the standard of protection of persons at work at mines and does not result in less protection than the Occupational Health and Safety Act 2000 would otherwise provide.
15 Act to be read in conjunction with OH&S Act
This Act is to be read in conjunction with the Occupational Health and Safety Act 2000.
16 Act adds to protection provided by OH&S Act
(1) If a provision of the Occupational Health and Safety Act 2000 or the regulations under that Act applies to mines or other places to which this Act applies, that provision continues to apply, and must be observed, in addition to this Act or the regulations under this Act.Note. For example, Part 2 of the Occupational Health and Safety Act 2000 imposes duties relating to health, safety and welfare at mines. So does Part 5 of this Act. The provisions of this Act apply in addition to those of the OH&S Act and do not remove any OH&S protections, rights or obligations.(2) Without limiting subsection (1) or any other provision of this Act, the failure by an operator to comply with a provision of this Act or the regulations does not affect any liability of an employer or other person under this Act or the regulations or under the Occupational Health and Safety Act 2000 or the regulations under that Act.
(1) The provisions of the Occupational Health and Safety Act 2000 and the regulations under that Act prevail, to the extent of any inconsistency, over the provisions of both this Act and the regulations under this Act.Note. For example, if a provision of this Act deals with a certain matter and a provision of the Occupational Health and Safety Act 2000 deals with the same matter and it is impossible to comply with both provisions, then a person must comply with the Occupational Health and Safety Act 2000. If provisions of both Acts deal with the same matter and it is possible to comply with both provisions, then a person must comply with both Acts.(2) This section is subject to section 104.
18 Compliance with this Act is no defence to prosecution under OH&S Act
Compliance with this Act or the regulations, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against the Occupational Health and Safety Act 2000 or the regulations under that Act.Note. For example, a person may be guilty of an offence under the Occupational Health and Safety Act 2000 in respect of any act or omission that is expressly required or permitted to be done or omitted by or under this Act or the regulations under this Act.
19 Relationship between duties under this Act and OH&S Act
Evidence of a relevant contravention of this Act or the regulations is admissible in any proceedings for an offence against the Occupational Health and Safety Act 2000 or the regulations under that Act.
Where an act or omission constitutes an offence:(a) under this Act or the regulations, and(b) under the Occupational Health and Safety Act 2000 or the regulations under that Act,the offender is not liable to be punished twice in respect of the offence.
To avoid doubt, any documents or plans that by virtue of this Act or the regulations are required to be kept at a mine are taken to be documents that directly affect the occupational health and safety of employees within the meaning of section 81 of the Occupational Health and Safety Act 2000.