Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 300

300 Application of this Act and repealed Act in relation to other particular provisions

(1) This section applies to an obligation imposed by any of the following provisions of the repealed Act—

(a) section 25 ;

(b) section 26 ;

(c) section 27 .

(2) If a contravention of the obligation happens before the repeal, proceedings may be taken or continued against the person who contravened the obligation, and the person may be punished, as if the repeal had not happened.

(3) If—

(a) a particular activity of a person would be a contravention of the obligation if all the acts or omissions involved happened before the repeal; but

(b) some of the acts or omissions happen before, and some after, the repeal;

the proceedings may be taken against the person for the activity as a contravention of the obligation as if the repeal had not happened.

(4) However, subsection (3) only applies if proceedings against the person for the activity are commenced—

(a) for an activity to which section 26 and 27 of the repealed Act applies in relation to designers and installers—within 2 years after the repeal; or

(b) for an activity to which section 26 (2) of the repealed Act applies—within 2 years after the repeal; or

(c) otherwise—within 1 year after the repeal.

(5) Also, the person can not be convicted of the contravention under subsection (3) unless the acts or omissions would also be a contravention of a corresponding duty under this Act if they all happened after the repeal.

(6) Subsections (3) and (4) do not prevent proceedings being commenced against the person under this Act solely for any acts of omissions involved in the activity that happen after the repeal.