Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 302

302 Directive by authorised officer preserved

(1) Subsection (2) applies to a directive (an
"old directive" ) given by an authorised officer under the repealed Act, part 6 , division 3 before its repeal.

(2) The repealed Act, part 6 , division 3 and any other provision of the repealed Act relevant to the operation of the division (the
"preserved provisions" ) continue to apply in relation to the old directive despite the repeal.

(3) Also, a further directive may be given under the preserved provisions (a
"consequential directive" ) in relation to the same matter as, or a matter connected to, the matter for which the old directive was given.

Example—

Before the repeal, an authorised officer gives a directive under the repealed Act, section 90 . As a result of the response to the directive, or a lack of response to the directive, an inspector appointed under this Act gives a directive under section 91 of the preserved provisions.

(4) Under subsections (2) and (3) , for any action that may be taken after the repeal, a reference in the division to an authorised officer is taken to be a reference to an inspector appointed under this Act.

(5) Under subsections (2) and (3) , for the purpose of—

(a) an application for a review under the repealed Act, section 102 made after the repeal; or

(b) an action taken by the administering executive after the repeal on an application for review made before the repeal;

a reference in the division to the chief executive as the administering executive is taken to be a reference to the regulator.

Note—

Subsection (3) also necessarily affects later references to the administering executive in the repealed Act, part 9 , division 2 , as preserved under section 305 .