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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 45
As laid on the table and read a first time, 22 October 2003
South Australia
Occupational
Health, Safety and Welfare (Safework SA) Amendment Bill 2003
A Bill For
An
Act to amend the Occupational Health, Safety and Welfare Act 1986 and to
make related amendments to the WorkCover Corporation Act 1994 and the
Workers Rehabilitation and Compensation Act 1986.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Occupational Health, Safety and Welfare
Act 1986
4 Amendment of section 4—Interpretation
5 Substitution of Part 2
6 Amendment of section 19—Duties of
employers
7 Amendment of section 21—Duties of
workers
8 Amendment of section 22—Duties of
employers and self-employed persons
9 Amendment of section 27—Health and
safety representatives may represent groups
10 Amendment of section 28—Election of
health and safety representatives
11 Insertion of Part 4 Division 2A
12 Amendment of section 32—Functions of
health and safety representatives
13 Amendment of section 34—Responsibilities
of employers
14 Insertion of section 37A
15 Amendment of section 38—Powers of
entry and inspection
16 Amendment of section 39—Improvement
notices
17 Amendment of section 40—Prohibition
notices
18 Amendment of section 51—Immunity of
inspectors and officers
19 Amendment of section 53—Delegation
20 Amendment of section 54—Power to
require information
21 Insertion of section 54A
22 Amendment of section 55—Confidentiality
23 Insert of section 55A
24 Amendment of section 58—Offences
25 Insertion of section 60A
26 Amendment of section 61—Offences by
bodies corporate
27 Amendment of section 62—Health and
safety in the public sector
28 Amendment of section 63—Codes of
practice
29 Repeal of section 65
30 Amendment of section 67—Exemption from
Act
31 Amendment of section 67A—Registration
of employers
32 Insertion of sections 67B and 67C
33 Amendment of section 68—Consultation
on regulations
34 Amendment of section 69—Regulations
35 Substitution of Schedule 3
Schedule 1—Related
amendments and transitional provisions
Schedule 2—Statute law revision amendment of the
Occupational Health, Safety and Welfare Act 1986
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Occupational Health, Safety and
Welfare (SafeWork SA) Amendment Act 2003.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Occupational Health, Safety and Welfare Act 1986
4—Amendment of section 4—Interpretation
(1) Section 4(1), definition of Advisory
Committee—delete the definition and substitute:
appointed member of the Authority means a member of the Authority appointed by the
Governor;
(2) Section 4(1)—after the definition of approved
code of practice insert:
Authority means SafeWork SA established under this Act;
(3) Section 4(1), definition of Corporation—delete
the definition and substitute:
Department means the administrative unit of the Minister to whom the
administration of this Act is committed;
(4) Section 4(1), definition of the
Director—delete the definition and substitute:
Director means the person for the time being holding, or acting in, the
position of Executive Director of that part of the Department that is directly
involved in the administration and enforcement of this Act;
(5) Section 4(1)—after the definition of plant
insert:
record means a record of any kind and includes a disk, tape or other
article from which information is capable of being reproduced (with or without
another article or device);
(6) Section 4(1)—after the definition of substance
insert:
WorkCover means the WorkCover Corporation of South Australia;
Part 2—delete the Part and substitute:
Part 2—SafeWork
SA
Division 1—Establishment
of SafeWork SA
7—Establishment
of SafeWork SA
(1) An
authority to be called SafeWork SA is established.
(2) The
Authority is a body corporate.
(3) The
Authority is an instrumentality of the Crown and holds its property on behalf
of the Crown.
(4) The
Authority is subject to the control and direction of the Minister.
(5) If
a document appears to bear the common seal of the Authority, it will be
presumed, in the absence of proof to the contrary, that the common seal of the
Authority was duly affixed to the document.
Division 2—The
Authority's membership
8—Composition
of the Authority
(1) The Authority consists of 11 members of
whom—
(a) 9
will be appointed by the Governor and of these—
(i) 1
will be the presiding member appointed on the recommendation of the Minister;
and
(ii) 4
will be persons who, in the opinion of the Minister, are suitable to represent
the interests of employers (1 being a person considered by the Minister to be
suitable to represent the interests of the public sector as an employer), appointed
on the recommendation of the Minister after the Minister has consulted with Business
SA, and with associations representing the interests of employers
determined to be appropriate by the Minister; and
(iii) 4
will be persons who, in the opinion of the Minister, are suitable to represent
the interests of employees (1 being a person considered by the Minister to be
suitable to represent the interests of employees in the public sector),
appointed on the recommendation of the Minister after the Minister has
consulted with the United Trades and Labor Council, and with other associations
representing the interests of employees determined to be appropriate by the
Minister; and
(b) 1
will be the Director (ex officio); and
(c) 1
will be the Chief Executive of WorkCover (ex officio).
(2) In
proposing persons for appointment to the Authority, an organisation or
association consulted under subsection (1) should seek to promote gender
balance, and diversity, in the membership of the Authority.
(3) Subject
to subsection (4), the Minister may appoint a suitable person to be a deputy of
a member of the Authority and to act as a member of the Authority during any
period of absence of the member.
(4) During
the absence of the presiding member of the Authority, the Director will act in
the position of the presiding member (and if the Director is unavailable then a
member of the Authority appointed by the remaining members will act in the
position of presiding member).
9—Terms and
conditions of office
(1) An
appointed member of the Authority will hold office on conditions, and for a
term (not exceeding 3 years), determined by the Governor and, on the expiration
of a term of appointment, is eligible for re-appointment.
(2) The Governor may remove an appointed member
from office for—
(a) breach
of, or non-compliance with, a condition of appointment; or
(b) mental
or physical incapacity to carry out duties of office satisfactorily; or
(c) neglect
of duty; or
(d) dishonourable
conduct.
(3) The office of an appointed member becomes
vacant if the member—
(a) dies;
or
(b) completes
a term of office and is not re-appointed; or
(c) resigns
by written notice addressed to the Minister; or
(d) is
found guilty of an indictable offence; or
(e) is
found guilty of an offence against subsection (6); or
(f) is
removed from office by the Governor under subsection (2).
(4) On
the office of an appointed member of the Authority becoming vacant, a person
must be appointed, in accordance with this Act, to the vacant office.
(5) The
Minister should seek to fill a vacant office as expeditiously as possible.
(6) A member of the Authority who has a direct
or indirect personal or pecuniary interest in a matter under consideration by
the Authority—
(a) must,
as soon as practicable after becoming aware of the interest, disclose the
nature and extent of the interest to the Authority; and
(b) must not take part in a deliberation or
decision of the Authority on the matter and must not be present at a meeting of
the Authority when the matter is under consideration.
Maximum penalty: Division 5 fine or imprisonment for two years.
(7) The
court by which a person is convicted of an offence against subsection (6) may,
on the application of an interested person, make an order avoiding a contract
to which the non-disclosure relates and for restitution of property passing
under the contract.
10—Allowances
and expenses
(1) An
appointed member of the Authority is entitled to fees, allowances and expenses
approved by the Governor.
(2) The
amount of any fees, allowances or expenses paid under subsection (1) will be
recoverable from the Compensation Fund under the Workers Rehabilitation and
Compensation Act 1986 under a scheme established or approved by the
Treasurer.
11—Validity
of acts and immunity of members
(1) An
act or proceeding of the Authority is not invalid by reason only of a vacancy
in its membership or a defect in the appointment of a member.
(2) No
personal liability attaches to a member of the Authority for an act or omission
by the member or the Authority in good faith in performance, exercise or
discharge, or purported performance, exercise or discharge, of the member's or
the Authority's functions, powers or duties under this Act.
(3) A
liability that would, but for subsection (2), lie against a member of the
Authority will lie instead against the Crown.
Division 3—Proceedings
12—Proceedings
(1) Six members of the Authority, of whom—
(a) 1
is the presiding member, or the Director acting in the absence of the presiding
member (unless the Director is unavailable); and
(b) at
least 2 are members appointed to represent the interests of employers; and
(c) at
least 2 are members appointed to represent the interests of employees,
constitute a quorum of the Authority.
(2) When a matter arises for decision at a
meeting of the Authority—
(a) the
members appointed to represent the interests of employers or employees will
each have a deliberative vote; and
(b) if
those deliberative votes are equal, the person presiding at the meeting has a
casting vote; but
(c) except
as provided by paragraph (b), a member who is not an appointed member does not
have a vote.
(3) A
decision carried by a majority of the votes cast under subsection (2) is a
decision of the Authority.
(4) A
telephone or video conference between members of the Authority constituted in
accordance with procedures determined by the Authority will, for the purposes
of this section, be taken to be a meeting of the Authority at which the
participating members are present.
(5) A resolution of the Authority—
(a) of
which notice was given to all members of the Authority in accordance with
procedures determined by the Authority; and
(b) in
which a majority of the members of the Authority who would be entitled to vote
under subsection (2) if the matter were before a meeting of the Authority have
expressed their concurrence in writing or in some other manner determined by
the Authority,
will be taken to be a decision of the Authority made at a meeting
of the Authority.
(6) The
Authority must cause an accurate record to be kept of its proceedings.
(7) Subject
to this Act, the proceedings of the Authority will be conducted in a manner determined
by the Authority.
Division 4—Functions
and powers
13—Functions
of the Authority
(1) The functions of the Authority are—
(a) to
keep the administration and enforcement of this Act, and any other legislation
relevant to occupational health, safety and welfare, under review, and to make
recommendations for change as the Authority thinks fit; and
(b) to
advise the Minister (on its own initiative or at the request of the Minister)
on—
(i) legislation,
regulations, codes, standards and policies relevant to occupational health,
safety and welfare; and
(ii) national
and international developments in the field of occupational health, safety and
welfare; and
(iii) the
establishment of public inquiries and legislative and other reviews concerning
issues associated with occupational health, safety and welfare; and
(c) to
provide a forum for ensuring consultation and co-operation between WorkCover,
associations representing the interests of employees or employers, industry
associations, Government agencies and other public authorities, and other
interested persons or bodies, in relation to occupational health, safety or
welfare matters; and
(d) to
prepare, adopt, promote or endorse prevention strategies, standards, codes,
guidelines or guidance notes, and to recommend practices, to assist people in
connection with occupational health, safety and welfare; and
(e) to
promote education and training with respect to occupational health, safety and
welfare, to develop, support, accredit, approve or promote courses or
programmes relating to occupational health, safety or welfare, and to accredit,
approve or recognise education providers in the field of occupational health,
safety and welfare; and
(f) to
keep the provision of services relevant to occupational health, safety and
welfare under review; and
(g) to
collect, analyse and publish information and statistics relating to
occupational health, safety or welfare; and
(h) to
commission or sponsor research in relation to any matter relevant to
occupational health, safety or welfare; and
(i) to
initiate, co-ordinate or support projects and activities that promote public
discussion or comment in relation to the development or operation of
legislation, codes of practice and other material relevant to occupational
health, safety or welfare; and
(j) to
promote occupational health, safety or welfare programs, and to make
recommendations with respect to the making of grants in support of projects and
activities relevant to occupational health, safety or welfare; and
(k) to
consult and co-operate with relevant national, State and Territory authorities;
and
(l) to
report to the Minister on any matter referred to the Authority by the Minister;
and
(m) as
it thinks fit, to consider any other matter relevant to occupational health,
safety or welfare; and
(n) to
carry out other functions assigned to the Authority by or under this or any
other Act.
(2) The Authority may, with the approval of the
Minister—
(a) perform
functions conferred on the Authority by or under a law of the Commonwealth,
another State or a Territory;
(b) confer
(subject to conditions or limitations (if any) specified by the Minister)
functions of the Authority on an authority established by or under a law of the
Commonwealth, another State or a Territory.
(3) The Authority should seek—
(a) to
ensure that South Australia takes advantage of initiatives that are recognised
as being at the fore-front of occupational health, safety and welfare
practices; and
(b) to
achieve a high level of consistency between occupational health, safety and
welfare standards and requirements under this Act and corresponding standards
and requirements under the laws of the Commonwealth, the other States and the
Territories (insofar as to do so is in the best interests of the State).
(4) The
Authority should, as far as reasonably practicable, ensure that information
provided for use in the workplace is in a language and form appropriate for
those expected to make use of it.
(5) If
the Minister receives a recommendation from the Authority under this Act, the
Minister should, within 2 months, respond in writing to the Authority in
relation to the recommendation.
(6) The
Authority may establish such committees and subcommittees as it thinks fit
(which may, but need not, consist of, or include, members of the Authority) to
advise it on, or to assist it with respect to, any aspect of its functions
under this Act.
(7) The
Authority has the power to do anything necessary, expedient or incidental to
the performance of its functions.
Division 5—Use
of staff and facilities
14—Use of
staff and facilities
(1) The
Authority may, by agreement with the Minister responsible for an administrative
unit in the Public Service, make use of the services of the staff, equipment or
facilities of that administrative unit.
(2) The
Authority may, by agreement with the relevant agency or instrumentality, make
use of the services of the staff, equipment or facilities of any other agency
or instrumentality of the Crown.
Division 6—Related
matters
15—Confidentiality
A member of the Authority who, as a member
of the Authority, acquires information that—
(a) the
member knows to be of a commercially sensitive nature, or of a private
confidential nature; or
(b) the
Authority classifies as confidential information,
must not divulge the information without
the approval of the Authority.
Maximum penalty: Division 6 fine.
16—Annual
report
(1) The
Authority must, on or before 30 September in each year, prepare a report on the
work of the Authority, and on other matters relevant to the operation and
administration of this Act, for the financial year ending on the preceding 30
June.
(2) A
report under this section may be incorporated into the annual report of the
Department.
(3) The
Minister must cause a copy of a report prepared under subsection (1) to be laid
before both Houses of Parliament within 12 sitting days after the report is
prepared.
6—Amendment of section 19—Duties of employers
Section 19(3)—after paragraph (d) insert:
(da) keep
information and records relating to occupational health, safety or welfare
training undertaken by any of the employer's employees in connection with their
employment; and
7—Amendment of section 21—Duties of workers
Section 21(1b)(c)—delete "Advisory
Committee" and substitute:
Authority
8—Amendment of section 22—Duties of employers and self-employed persons
Section 22(2)—delete subsection (2) and
substitute:
(2) An employer or self-employed person must
ensure, so far as is reasonably practicable, that any other person (not being
an employee employed or engaged by the employer or the self-employed person) is
safe from injury and risks to health—
(a) while
the other person is at a workplace that is under the management and control of
the employer or self-employed person; or
(b) while the other person is in a situation
where he or she could be adversely affected through an act or omission
occurring in connection with the work of the employer or self-employed person.
Maximum penalty:
(a) for
a first offence—Division 2 fine;
(b) for
a subsequent offence—Division 1 fine.
9—Amendment of section 27—Health and safety representatives may represent groups
Section 27(6)—delete "the Corporation
after seeking the advice of the Advisory Committee" and substitute:
the Authority
10—Amendment of section 28—Election of health and safety representatives
(1) Section 28(3)—delete
"Corporation" wherever occurring and substitute in each case:
Authority
(2) Section 28(5)—delete "Advisory
Committee" and substitute:
Authority
(3) Section 28(12)—delete
"Corporation" and substitute:
Authority
11—Insertion of Part 4 Division 2A
Part 4—after section 31 insert:
Division 2A—Training
31A—Training
of health and safety representatives, deputies and committee members
(1) A
prescribed person is entitled to take such time off work as is authorised by
the regulations for the purposes of taking part in a course of training
relating to occupational health, safety or welfare approved by the Authority
for the purposes of this section.
(2) Subsection (1) is subject to the following
qualifications:
(a) if—
(i) the
employer employs 10 or less employees; and
(ii) the
employer is not an employer in respect of whom a supplementary levy has been
imposed by WorkCover under Part 5 of the Workers Rehabilitation and
Compensation Act 1986,
a prescribed person may only take such time off work to take part
in a course of training as the employer reasonably allows;
(b) a
prescribed person must take reasonable steps to consult with the employer
before taking time off work to take part in a course of training under this
section.
(3) If
a dispute arises in relation to the entitlement of a prescribed person under
this section, the prescribed person or the employer may refer the dispute to
the Industrial Commission.
(4) The
Industrial Commission may determine the dispute and the decision of the
Industrial Commission is binding on the prescribed person and the employer.
(5) In this section—
prescribed person means—
(a) a
health and safety representative; and
(b) a
deputy to a health and safety representative; and
(c) a
member of a health and safety committee.
31B—Maintenance
of pay and reimbursement of expenses
(1) A person who takes time off work for the
purposes of any training under this Division—
(a) is
entitled to take that time without the loss of any remuneration (payable by the
employer) that the person would have received had he or she been at work for
the relevant time; and
(b) is
entitled to be reimbursed by the employer for any reasonable expenses
reasonably incurred by the person with respect to—
(i) travelling;
or
(ii) obtaining
meals or accommodation; or
(iii) parking
fees; or
(iv) other
matters (if any) prescribed by the regulations,
to the extent that these expenses are over and above, or
additional to, expenses that the person would have incurred in any event had he
or she been at work at the relevant time.
(2) If
a dispute arises in relation to the entitlement of a person under this section,
the person or the employer may refer the dispute to the Industrial Commission.
(3) The
Industrial Commission may determine the dispute and the decision of the
Industrial Commission is binding on the person and the employer.
31C—Guidelines
The Authority may prepare and publish guidelines in relation to
the operation of this Division.
12—Amendment of section 32—Functions of health and safety representatives
Section 32(3)(a)(i)—delete subparagraph
(i) and substitute:
(i) the
Authority;
13—Amendment of section 34—Responsibilities of employers
(1) Section 34(3), (4) and (5)—delete
subsections (3), (4) and (5) and substitute:
(3) A
health and safety representative is entitled to take such time off work as is
reasonably necessary for the purposes of performing the functions of a health
and safety representative under this Act.
(4) A health and safety representative who
takes time off work under subsection (3)—
(a) is
entitled to take that time without the loss of any remuneration (payable by the
employer) that the health and safety representative would have received had he
or she been at work for the relevant time; and
(b) is
entitled to be reimbursed by the employer for any reasonable expenses
reasonably incurred by the health and safety representative with respect to—
(i) travelling;
or
(ii) obtaining
meals or accommodation; or
(iii) parking
fees; or
(iv) other
matters (if any) prescribed by the regulations,
to the extent that these expenses are over and above, or
additional to, expenses that the health and safety representative would have
incurred in any event had he or she been at work at the relevant time.
(5) A
health and safety representative must take reasonable steps to consult with the
employer before incurring any expenses that he or she intends to claim under
subsection (4)(b).
(6) The
Authority may prepare and publish guidelines in relation to the operation of subsections
(3), (4) and (5).
(2) Section 34(6)—after "subsection
(3)" insert:
or (4)
After section 37 insert:
37A—Division
not to derogate from other referrals to an inspector
Nothing in this Division limits or derogates from the ability of a
health and safety representative, employee or other person to refer at any time
any matter concerning occupational health, safety or welfare to an inspector or
other person involved in the administration or enforcement of this Act.
15—Amendment of section 38—Powers of entry and inspection
(1) Section 38(1)—delete "the
Corporation" and substitute:
the Authority
(2) Section 38(1)(h)—after paragraph (h)
insert:
(i) if
the inspector or other authorised person suspects on reasonable grounds that a
person has committed, is committing, or is about to commit an offence against
this Act, require the person—
(i) to
state his or her full name and usual place of residence;
(ii) to
produce evidence of any qualification or competency that is required under, or
for the purposes of, this Act;
(j) if
the inspector or other authorised person has reason to believe that a person is
capable of providing information or evidentiary material relevant to the
investigation of a suspected breach of this Act and the inspector or other
authorised person believes that it is reasonably necessary to exercise a power
under this paragraph, require the person to attend before a specified person on
a specified day and at a specified place and time (being a day, place and time
that is reasonable in the circumstances) to be interviewed and to produce any
evidentiary material relevant to the investigation;
(k) impose
other requirements reasonably connected with a power conferred by any of the
above paragraphs or otherwise in connection with the operation, administration
or enforcement of this Act.
(3) Section 38—after subsection (2) insert:
(2a) An
inspector or other person may take a video or audio recording of any interview
conducted under this section.
(2b) A
person who undertakes any recording under subsection (2a) must comply with any
guidelines issued or approved by the Attorney-General for the purposes of this
section.
(4) Section 38—after subsection (3) insert:
(3a) A
person is not excused from a requirement under subsection (1) to provide
information or answer questions, or to produce any document or record, on the
ground that the information, answer, document or record might incriminate the
person of an offence.
(3b) However, any information or answer
furnished, or document or record produced, by a natural person in compliance
with such a requirement is not admissible in evidence against the person in
criminal proceedings other than—
(a) proceedings
for an offence with respect to false or misleading statements, information or
records; or
(b) proceedings
for an offence in the nature of perjury.
(5) Section 38(5) and (6)—delete subsections
(5) and (6) and substitute:
(5) An
inspector who has seized anything under subsection (4) must, on request,
provide a receipt for the thing seized.
(6) In
the exercise of powers under this section, a person may be accompanied or
assisted by such persons, authorised by the Director or the Authority, as may
be necessary or desirable in the circumstances.
(6) Section 38(11)—delete "the
Corporation" and substitute:
the Authority
(7) Section 38(11)—delete "the
Corporation's" and substitute:
the Authority's
16—Amendment of section 39—Improvement notices
(1) Section 39(2)—after paragraph (c) insert:
(d) make
provision for a statement (a statement of compliance) that is to
be completed by the person required to comply with the notice when the matters
to which the notice relates have been remedied.
(2) Section 39(4), penalty provision—insert:
Expiation fee: $315.
(3) Section 39—after subsection (4) insert:
(5) The person required to comply with an
improvement notice must, within 5 business days after the matters to which the
notice relates have been remedied in accordance with the requirements of the
notice, complete and return to the Department the relevant statement of
compliance.
Maximum penalty: Division 7 fine.
Expiation fee: $315.
17—Amendment of section 40—Prohibition notices
(1) Section 40(1) and (2)—delete subsections
(1) and (2) and substitute:
(1) Where an inspector is of the opinion—
(a) that
there is an immediate risk—
(i) to
the health or safety of a person at work; or
(ii) to
the health or safety of any person in connection with the performance of any
work, or from any plant to which this Act extends by virtue of Schedule 2; or
(b) that
there could be an immediate risk—
(i) to
the health or safety of a person at work; or
(ii) to
the health or safety of any person in connection with the performance of any
work, or from any plant to which this Act extends by virtue of Schedule 2,
if particular action were to be taken or a particular situation
were to occur,
an inspector may issue to the person apparently in control of the
activity or situation from which the risk arises or could arise (as the case
may be) a prohibition notice prohibiting the carrying on of an activity or any
other relevant action until the inspector is satisfied that adequate measures
have been taken or are in place to avert, assess, eliminate or minimise any
risk.
(2) A prohibition notice must—
(a) identify
the activity or situation from which the risk arises or would arise; and
(b) state
the grounds of the inspector's opinion on which the notice is based.
(2) Section 40(3)—after "avert,"
insert:
assess,
18—Amendment of section 51—Immunity of inspectors and officers
Section 51(1)—delete "an officer of
the Corporation" and substitute:
any other officer
19—Amendment of section 53—Delegation
Section 53(1)—delete "the
Corporation" and substitute:
the Authority
20—Amendment of section 54—Power to require information
(1) Section 54(1)—delete "the
Corporation" wherever occurring and substitute in each case:
the Authority
(2) Section
54(1a)—delete subsection (1a)
After section 54 insert:
54A—Provision
of information by WorkCover
(1) WorkCover will, to the extent required by a
scheme established by the Minister after consultation with WorkCover, furnish
to the Authority and the Department, in accordance with the terms of the
scheme, any of the following information obtained by WorkCover in the
performance or exercise of its functions or powers under a related Act:
(a) information
about any work-related injury, or about any specified class of work-related
injury, reported to or investigated by WorkCover;
(b) the
steps being taken by any employer, or any employer of a specified class, to
protect employees from injury or risks to health, safety or welfare, or to
assist in the rehabilitation of employees who have suffered injuries in
connection with their work;
(c) the
outcome of any investigation, inquiry or other action undertaken by WorkCover;
(d) other
information of a kind prescribed by the regulations.
(2) In this section—
related Act means—
(a) the
WorkCover Corporation Act 1994; and
(b) the
Workers Rehabilitation and Compensation Act 1986.
22—Amendment of section 55—Confidentiality
Section 55(1a)(e)—delete "the
Corporation" and substitute:
the Authority, WorkCover
After section 55 insert:
55A—Inappropriate
behaviour towards an employee
(1) If—
(a) an
inspector receives a complaint from an employee that he or she is being bullied
or abused at work; and
(b) the
inspector, after an investigation of the matter, has reason to believe that the
matter is capable of resolution by conciliation or mediation under this section,
the inspector may, after consultation with the relevant parties,
refer the matter to the Industrial Commission for conciliation or mediation.
(2) A
reference under subsection (1) will be made by written instrument that complies
with any prescribed requirements.
(3) The
inspector must ensure that the parties are furnished with a copy of any
reference under subsection (1).
(4) If a matter is referred to the Industrial
Commission under subsection (1), the Industrial Commission must attempt to
resolve the matter by—
(a) conciliation;
or
(b) mediation,
as the Industrial Commission thinks fit.
(5) For the purposes of this section—
(a) conciliation
is a process where the parties attend before the conciliation with a view to
the conciliator identifying the issues and resolving the matter by making
recommendations if the matter is not settled by agreement; and
(b) mediation
is a process where the mediator seeks to resolve the matter by facilitating an
amicable agreement between the parties.
(6) For the purposes of any conciliation or
mediation, the Industrial Commission may—
(a) interview
the parties separately or together; and
(b) inform
itself in any other way as it thinks fit.
(7) For
the purposes of any conciliation, the conciliator may call a compulsory
conference of the parties.
(8) The
Industrial Commission may at any time bring any conciliation or mediation to an
end if the Industrial Commission considers that the conciliation or mediation
will not result in the resolution of the matter.
(9) Subject
to subsection (10), nothing said or done in any conciliation or mediation under
this section may subsequently be given in evidence without the consent of the
parties to the conciliation or mediation.
(10) The
terms of any agreement between the parties to any conciliation or mediation may
be given in evidence in subsequent proceedings (without the restriction imposed
by subsection (9)).
(11) The
Industrial Commission must inform the Department when any conciliation or
mediation under this section is concluded or brought to an end.
(12) The
Industrial Commission and the Department may consult from time to time about
the processes and arrangements that should apply under this section, and
prepare and publish information and guidelines to assist persons who may become
involved in conciliation or mediation under this section.
(13) The President of the Industrial Commission
may make rules relating to—
(a) representation
before the Industrial Commission in connection with the operation of this
section; or
(b) the
conduct of the parties to a conciliation or mediation under this section; or
(c) any
other matter that, in the opinion of the President, is necessary or convenient
for the purposes of any conciliation or mediation under this section.
24—Amendment of section 58—Offences
(1) Section 58(5)—after paragraph (a) insert:
(ab) an
administrative unit in the Public Service of the State;
(2) Section 58—after subsection (5) insert:
(5a) For the purposes of subsection (5)—
(a) the
proceedings will be taken against the relevant agency, instrumentality,
administrative unit or person (the "responsible agency") as if it
were a distinct entity or person; and
(b) the
responsible agency is to be specified in the charge for the offence; and
(c) except
for proceedings against a natural person, the responsible agency may, during
any proceedings for an offence, be changed by the prosecutor with the leave of
the relevant court on the ground that there is now a successor to the relevant
agency, instrumentality or administrative unit; and
(d) in
proceedings against an administrative unit, the chief executive of the
administrative unit, or a person authorised by that chief executive, may appear
and provide evidence and make admissions on behalf of the administrative unit;
and
(e) any
penalty may be imposed against the responsible agency.
(3) Section 58(6)—delete
"Proceedings" and substitute:
Subject to subsection (6a), proceedings
(4) Section 58—after subsection (6) insert:
(6a) The
Director of Public Prosecutions may, by instrument in writing, extend a time
limit that would otherwise apply under subsection (6) in a particular case.
(6b) An
apparently genuine document purporting to be signed by the Director of Public
Prosecutions and to be an extension under subsection (6) will be accepted in
any legal proceedings, in the absence of proof to the contrary, as proof of an
extension in a particular case.
(5) Section 58(7)—after paragraph (a) insert:
(ab) by
the Director of Public Prosecutions; or
(ac) by
the Director; or
(6) Section 58(7)(c)—after "the
Minister" insert:
, the Director of Public Prosecutions, the Director
(7) Section 58(8)—delete subsection (8) and
substitute:
(8) However—
(a) proceedings
for an offence against an administrative unit in the Public Service of the
State may only be brought by—
(i) the
Director of Public Prosecutions; or
(ii) the
Director; and
(b) the
approval of the Minister is required to bring proceedings under subsection
(7)(c) unless 18 months have elapsed since the date on which the relevant
offence is alleged to have been committed.
(8) Section 58(9)—delete "subsection
(8)" and substitute:
subsection (8)(b)
(9) Section 58—after subsection (9) insert:
(10) An
inspector is authorised to give expiation notices for alleged offences by or
under this Act that are expiable.
After section 60 insert:
60A—Non-pecuniary
penalties
(1) If a person is convicted of an offence
against this Act, the court may, after taking into account any submissions and
other relevant matters, in addition or in substitution for any penalty that it
may impose—
(a) order
the convicted person to undertake, or to arrange for one or more employees to
undertake, a course of training or education of a kind specified by the court;
(b) order
the convicted person to carry out a specified activity or project for the
general improvement of occupational health, safety and welfare in the State, or
in a sector of activity within the State;
(c) order
the convicted person to take specified action to publicise the offence, its
consequences, any penalty imposed, and any other related matter;
(d) order
the convicted person to take specified action to notify specified persons or
classes of persons of the offence, its consequences, any penalty imposed, and
any other related matter (including, for example, the publication in an annual
report or any other notice to shareholders of a company or the notification of
persons aggrieved or affected by the convicted persons's conduct).
(2) The
court may, in an order under subsection (1), fix a period for compliance and
impose any other requirements the court considers necessary or expedient for
the enforcement of the order.
(3) If the person to whom an order is directed
under subsection (1) fails to comply with the order, that person is guilty of a
further offence.
Maximum penalty: Division 4 fine.
26—Amendment of section 61—Offences by bodies corporate
Section 61—after subsection (2) insert:
(2a) A person who is appointed as a responsible
officer under this section and who has not previously attended a course of
training recognised or approved by the Authority for the purposes of this
section must attend such a course of training within 3 months after his or her
appointment.
Maximum penalty: Division 7 fine.
(2b) The
requirement for a person to attend a course of training under subsection (2a)
lapses if the person ceases to be a responsible officer during the 3 month
period referred to in that subsection.
27—Amendment of section 62—Health and safety in the public sector
Section 62—after its present contents as
amended by Schedule 2 (now to be designated as subsection (1)) insert:
(2) For
the purposes of this Act, an administrative unit will be taken to be the
employer of any Public Sector employees assigned to work in the administrative
unit (and may be held to be liable for any offence for which an employer may be
liable).
28—Amendment of section 63—Codes of practice
(1) Section 63(1)—delete "the Advisory
Committee" and substitute:
the Authority
(2) Section 63(4)—delete "the Advisory
Committee" and substitute:
the Authority
Section 65—delete the section
30—Amendment of section 67—Exemption from Act
Section 67(3)(a)—delete "the Advisory
Committee" and substitute:
the Authority
31—Amendment of section 67A—Registration of employers
(1) Section 67A(3)—delete "The
Corporation" and substitute:
WorkCover
(2) Section 67A(5)—delete "the
Corporation" wherever occurring and substitute in each case:
WorkCover
(3) Section 67A(6)(c)—delete "the
Corporation" and substitute:
WorkCover
(4) Section
67A(7)—delete "for Industrial Affairs"
(5) Section 67A(8)—delete "the 1994/1995
financial year, and for each succeeding financial year," and substitute:
a financial year
(6) Section 67A(8c)—delete "the
Corporation" and substitute:
WorkCover
(7) Section 67A(8d)—delete "the
Corporation" and substitute:
WorkCover
(8) Section
67A(9)—delete "for Industrial Affairs"
(9) Section 67A(9)—delete "the
Corporation" and substitute:
WorkCover
(10) Section
67A(11)—delete subsection (11)
32—Insertion of sections 67B and 67C
After section 67A insert:
67B—Portion
of WorkCover levy to be used to improve occupational health and safety
(1) A
percentage of the levy paid to WorkCover under Part 5 of the Workers
Rehabilitation and Compensation Act 1986 in any financial year will be
payable by WorkCover to the Department to be applied towards the costs
associated with the administration of this Act.
(2) A
payment to the Department with respect to any financial year must be made
within 1 month after the end of that financial year in accordance with
guidelines established by the Treasurer.
(3) The
percentage that applies under subsection (1) will be specified by the Minister
by notice in the Gazette.
(4) The
Minister may, by subsequent notice in the Gazette, vary a percentage specified
under subsection (3).
67C—Five-yearly
reports
(1) The
Minister must, on a five-yearly basis, undertake or initiate a review of this
Act.
(2) A review must encompass—
(a) the
work of the Authority; and
(b) the
operation of this Act and the extent to which its objects are being attained;
and
(c) other
matters determined by the Minister to be relevant to a review of this Act.
(3) The
results of the review must be embodied in a written report.
(4) The
Minister must cause copies of the report to be laid before both Houses of
Parliament within 12 sitting days after the report is prepared.
33—Amendment of section 68—Consultation on regulations
Section 68—delete "the Advisory
Committee" and substitute:
the Authority
34—Amendment of section 69—Regulations
(1) Section 69(8a)—delete "the
Corporation" and substitute:
WorkCover
(2) Section 69(8b)—delete subsection (8b) and
substitute:
(8b) The
Department is entitled to information relating to work-related injuries
obtained by WorkCover under subsection (8a).
(3) Section 69(9)(a)—delete "the Advisory
Committee" and substitute:
the Authority
Schedule 3—delete the Schedule and
substitute:
Schedule 3—The
Mining and Quarrying Occupational Health and Safety Committee
1—The
Committee
(1) The
Mining and Quarrying Occupational Health and Safety Committee (the Committee)
continues in existence.
(2) The Committee will consist of 7 persons
appointed by the Minister, of whom—
(a) 2
will be persons working in the field of occupational health and safety
nominated by the Authority; and
(b) 1
will be a member of the Department who has experience in the mining and
quarrying industries; and
(c) 2
will be persons nominated by the South Australian Chamber of Mines and Energy
to represent the interests of employers involved in the mining and quarrying
industries; and
(d) 2
will be persons nominated by the United Trades and Labor Council to represent
the interests of workers who work in the mining and quarrying industries.
(3) The
Minister will appoint one of the members of the Committee appointed under
subclause (2)(a) to be the presiding member of the Committee.
(4) The
Minister may appoint a suitable person to be a deputy of a member of the
Committee and to act as a member of the Committee during any period of absence
of the member.
(5) A
member of the Committee may be appointed for a term not exceeding 3 years
determined by the Minister and will, on the expiration of a term of
appointment, be eligible for reappointment.
(6) The
Minister may, on reasonable grounds, remove a member of the Committee from
office at any time.
(7) A
member of the Committee may resign by written notice to the Minister.
(8) An
act or proceeding of the Committee is not invalid by reason only of a vacancy
in its membership or a defect in the appointment of a member.
(9) 4
members of the Committee constitute a quorum of the Committee.
(10) In
the absence of the presiding member at a meeting of the Committee, the members
present may decide who is to preside.
(11) A
decision carried by at least 4 members of the Committee is a decision of the
Committee.
(12) Each
member present at a meeting of the Committee is entitled to 1 vote on any
matter arising for decision at the meeting.
(13) The
Committee must cause an accurate record to be kept of its proceedings.
(14) Subject
to this Schedule, the business of the Committee will be conducted in a manner
determined by the Committee.
(15) A member of the Committee who has a direct
or indirect pecuniary interest in a matter under consideration by the Committee—
(a) must
disclose the nature of the interest to the Committee; and
(b) must not take part in any deliberation or
decision of the Committee with respect to the matter.
Maximum penalty: $2 000.
(16) A
disclosure under subclause (15) must be recorded in the minutes of the
Committee.
(17) The
Committee may, in connection with the performance of its functions, make use of
the services, facilities and staff of the Authority.
2—Application
of funds
(1) Money available to the Committee from the
Mining and Quarrying Industries Fund under Schedule 1 of the Workers
Rehabilitation and Compensation Act 1986 may be used for any of the
following purposes:
(a) to
promote and support practices, procedures and arrangements designed to protect
workers from silicosis;
(b) to
support education in the field of occupational health or safety in the mining
and quarrying industries;
(c) to
initiate or support research and studies into occupational health or safety
that could benefit workers in the mining and quarrying industries;
(d) to
promote and support persons or organisations working to prevent, alleviate or
treat the kinds of disabilities suffered by workers in the mining and quarrying
industries;
(e) to
support any other kind of activity that could directly or indirectly improve
occupational health or safety in the mining and quarrying industries or assist
in the rehabilitation of disabled workers in those industries.
(2) The
Committee has all such powers as are reasonably necessary for the effective
performance of its functions (including the power to establish sub-committees
and to engage, as may be appropriate, experts or consultants to assist the
Committee in the performance of its functions).
(3) The
Committee must, in making grants of money under this Schedule, give preference
to supporting projects directed at improving occupational health or safety in
those industries that involve exposure to silica dust and in particular to
supporting specialised research and training projects directed at that purpose
in South Australia.
(4) The
Committee must not spend any part of the principal standing to the credit of
Part B of the Mining and Quarrying Industries Fund without the specific
approval of the Minister and in any case the Committee is not to spend in any
financial year more than 20% of the principal that, at the commencement of that
financial year, is standing to the credit of that part of the fund.
(5) The
Committee must after the end of each financial year prepare a report on its
operations during that financial year.
(6) The
report must be submitted to the Minister in conjunction with the annual report
of the Authority for the relevant financial year (and laid before each House of
Parliament by the Minister together with the Authority's annual report).
3—Ministerial
control
The Committee is, in the performance of its functions, subject to
the control and direction of the Minister.
Schedule 1—Related amendments and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment
of WorkCover Corporation Act 1994
2—Amendment of section 4B—Limitation of Ministerial power of direction
Section 4B—delete "or the Occupational Health, Safety and
Welfare Act 1986".
3—Amendment of section 13—Functions
(1) Section
13(1)(a)(i)—delete subparagraph (i)
(2) Section
13(1)(b)—delete paragraph (b)
(3) Section 13(1)(j)—delete paragraph (j) and
substitute:
(j) to
devise, promote or approved courses of training in workers rehabilitation and,
with the approval of the Minister, to accredit service providers in the field
of workers rehabilitation and compensation;
(4) Section
13(1)(k)(i)—delete subparagraph (i)
(5) Section 13(1)—after paragraph (k) insert:
(ka) to
support activities and other initiatives relating to occupational health,
safety or welfare;
(6) Section
13(1)(m)—delete paragraph (m)
4—Amendment of section 16—Committees
Section 16(3)—delete subsection (3) and
substitute:
(3) The
Corporation must allocate sufficient resources to ensure that the committees
established under this Act and the Workers Rehabilitation and Compensation
Act 1986 can operate effectively.
Schedule, clauses 1, 2, 3 and 4—delete
clauses 1, 2, 3 and 4 and substitute:
1—References
A reference in an instrument to the Workers Rehabilitation and
Compensation Corporation will be construed as a reference to the Corporation.
Part 3—Amendment
of Workers Rehabilitation and Compensation Act 1986
6—Amendment of section 64—The Compensation Fund
Section 64(3)—after paragraph (d) insert:
(e) any
payment that the Corporation is required to make under the Occupational
Health, Safety and Welfare Act 1986.
(1) Schedule 1, clause 4(3)—delete
"established under schedule 4" and substitute:
under Schedule 3 of the Occupational Health, Safety and Welfare
Act 1986
(2) Schedule
1, clause 4(8)(b)—delete paragraph (b)
Schedule 4—delete Schedule 4
Part 4—Transitional
provisions
(1) The Minister may, by notice in the Gazette,
transfer a person who is a member of the staff of WorkCover immediately before
the commencement of this subclause to—
(a) the
Department; or
(b) another
administrative unit in the Public Service of the State.
(2) The conditions of employment that will
apply to a person on his or her transfer under subclause (1) will be determined
by the Commissioner for Public Employment after consultation with—
(a) the
Chief Executive of the Department and, if a person is being transferred to
another administrative unit under subclause (1)(b), the Chief Executive of that
other administrative unit; and
(b) any
registered association that represents the interests of any person who is being
transferred; and
(c) WorkCover.
(3) Despite
subclause (2), a transfer under subclause (1) will occur without prejudice to
any continuity of service of a person and without affecting any accrued right
to leave.
(1) The Governor may, by proclamation, vest an
asset, right or liability of WorkCover in—
(a) the
Crown; or
(b) the
Minister.
(2) The
Governor may, by proclamation, transfer a monetary amount from WorkCover to the
Department on account of the arrangements or functions that are to be
established or assumed by the Authority or the Department after the enactment
of this Act.
(3) The
Minister must consult with WorkCover before a recommendation is made to the
Governor for the purposes of this clause.
(4) Any
money transferred from WorkCover under subclause (2) will be paid from the
Compensation Fund (without further authorisation under the Workers
Rehabilitation and Compensation Act 1986).
11—Review of conciliation and mediation scheme
(1) The
Minister to whom the administration of the principal Act is committed must
cause a review to be undertaken in relation to the operation of section 55A of
the principal Act after that section has been in operation for a period of 12
months.
(2) The
results of the review must be embodied in a written report and incorporated
into the Department's annual report for the financial year during which the
review is completed.
(1) The
period within which a person must attend a course of training under section
61(2a) of the principal Act (as enacted by this Act) if the person is appointed
as a responsible officer within the first 12 months after the commencement of
this clause will be extended from 3 months to 12 months after his or her
appointment.
(2) A
person who is a responsible officer under section 61 of the principal Act on
the commencement of this clause must attend a course of training recognised or
approved by the Authority for the purposes of subsection (2a) of that section
within 3 years after the commencement of this clause.
(3) However—
(a) the
requirement for a person to attend a course of training under subclause (2)
lapses if the person ceases to be a responsible officer for the relevant body
corporate (but this paragraph does not derogate from the operation of section
61(2a) of the principal Act); and
(b) a
person is not required to attend a course of training under subclause (2) if he
or she has, before the commencement of this clause, attended a course of
training recognised by the Authority for the purposes of this provision.
(4) A
person who fails to comply with subclause (2) will be guilty of an offence and
liable to the same penalty as the penalty that applies to a failure to comply
with section 61(2a) of the principal Act.
The persons holding office as members of the Mining and Quarrying
Occupational Health and Safety Committee immediately before the commencement of
this clause may continue to hold office after the commencement of this clause.
The Governor may, by regulation, make other provisions of a saving
or transitional nature consequent on the enactment of this Act.
In this Part—
Authority means SafeWork SA;
Compensation Fund means the Compensation Fund under Part 5 of the Workers
Rehabilitation and Compensation Act 1986;
Department means the administrative unit of the Minister to whom the
administration of the principal Act is committed;
principal Act means the Occupational Health, Safety and Welfare
Act 1986;
registered association has the same meaning as in the Occupational
Health, Safety and Welfare Act 1986;
WorkCover means the WorkCover Corporation of South Australia.
Schedule 2—Statute law revision amendment of the Occupational Health, Safety and Welfare Act 1986
Long title |
Delete "to repeal the Industrial Safety, Health and Welfare
Act 1972; to make related amendments to the Industrial Conciliation and
Arbitration Act 1972 and the Mines and Works Inspection
Act 1920;" |
Section 2 |
Delete the section |
Section 4(1) paragraph (b) of definition of the designated person |
Delete "Petroleum Act 1940" and
substitute: Petroleum Act 2000 |
Section 4(1) definition of the Industrial Commission |
Delete the definition and substitute: Industrial Commission means the Industrial Relations
Commission of South Australia; |
Section 4(1) definition of the Industrial Court |
Delete the definition and substitute: Industrial Court means the Industrial Relations Court of South Australia; |
Section 4(1) paragraph (b) of definition of inspector |
Delete "Petroleum Act 1940" and
substitute: Petroleum Act 2000 Delete "inspector" and substitute: authorised officer |
Section 4(1) definition of metropolitan area |
Delete "Planning Act 1982" and substitute: Delete "Municipality of Gawler" and substitute: the Corporation of the Town of Gawler |
Section 4(1) paragraph (a) of definition of registered association |
Delete "Industrial Relations Act (S.A.) 1972"
and substitute: Industrial and Employee Relations Act 1994 |
Section 4(2) |
Delete "shall be deemed" and substitute: will be taken |
Section 4(3) |
Delete "shall be deemed" and substitute: will be taken |
Section 19 |
Delete "shall" wherever occurring and substitute in
each case: must |
Section 19(1) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: (a) for
a first offence—Division 2 fine; (b) for
a subsequent offence—Division 1 fine. |
Section 20(1) |
Delete "shall" and substitute: must |
Section 23 |
Delete "shall" and substitute: must |
Section 23 penalty provision |
Delete the penalty provision and substitute: Maximum penalty: (a) for
a first offence—Division 2 fine; (b) for
a subsequent offence—Division 1 fine. |
Section 23A(1) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: (a) for
a first offence—Division 2 fine; (b) for
a subsequent offence—Division 1 fine. |
Section 23A(2) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: (a) for
a first offence—Division 2 fine; (b) for
a subsequent offence—Division 1 fine. |
Section 24 |
Delete "shall" wherever occurring and substitute in
each case: must |
Section 24 penalty provisions |
Delete all penalty provisions and substitute in each case: Maximum penalty: (a) for
a first offence—Division 2 fine; (b) for
a subsequent offence—Division 1 fine. |
Section 24A(1) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: (a) for
a first offence—Division 2 fine; (b) for
a subsequent offence—Division 1 fine. |
Section 25(1) |
Delete "shall" and substitute: must |
Section 28 |
Delete "shall" first, third, fourth and fifth
occurring and substitute in each case: must |
Section 28(7)(b) |
Delete "shall be deemed" and substitute: is taken |
Section 30(1) |
Delete "shall" and substitute: will |
Section 30(2)(a) |
Delete "as a health and safety representative expires" |
Section 30(7) |
Delete "shall" and substitute: must |
Section 31 |
Delete "shall" first, second, third, fourth, sixth and
seventh occurring and substitute in each case: must Delete "shall" fifth occurring and substitute: will |
Section 32(6) |
Delete "shall" and substitute: may |
Section 34(1)(g)(ii) |
Delete "shall" and substitute: must |
Section 35 |
Delete "shall" first, second, third, fourth, fifth and
seventh occurring and substitute in each case: must |
Section 35(3) |
Delete "Notwithstanding" and substitute: Despite |
Section 35(11) |
Delete "shall, pending the attendance of the inspector,
be" and substitute: is, pending the attendance of the inspector, |
Section 36 |
Delete "shall" wherever occurring and substitute in
each case: must |
Section 36(3) |
Delete "Notwithstanding" and substitute: Despite |
Section 37 |
Delete "shall" wherever occurring and substitute in
each case: must |
Section 38 |
Delete "shall" wherever occurring and substitute in
each case: must |
Section 41 |
Delete "shall" wherever occurring and substitute in
each case: must |
Section 42(3) |
Delete "shall" and substitute: will |
Section 43(2) |
Delete "shall" and substitute: must |
Section 46 |
Delete "shall" and substitute: will |
Section 47 |
Delete "shall" first, second and third occurring and
substitute in each case: will |
Section 47(4) |
Delete "shall cease" and substitute: ceases |
Section 48(1) |
Delete "shall" and substitute: will |
Section 48(3) |
Delete "shall" and substitute: must |
Section 48(4) |
Delete "shall" first occurring and substitute: must Delete "shall" second occurring |
Section 48(8) |
Delete "shall be" and substitute: is |
Section 49(6) |
Delete "shall" and substitute: will |
Section 51(2) |
Delete "shall lie" and substitute: lies |
Section 55(2) |
Delete "shall" and substitute: must |
Section 56 |
Delete "shall" first and second occurring and
substitute in each case: must |
Section 56(3) |
Delete "shall lie" and substitute: lies |
Section 60(4) |
Delete "shall" and substitute: must |
Section 62 |
Delete "under the Government Management and Employment
Act 1985" and substitute: in the Public Service of the State |
Section 63 |
Delete "shall" first and second occurring and
substitute in each case: must |
Section 63(7) |
Delete "shall" and substitute: will |
Section 64(1) |
Delete "shall, in the absence of proof to the contrary,
be" and substitute: is, in the absence of proof to the contrary, |
Section 64(2) |
Delete "shall" and substitute: may |
Section 66(1) |
Delete "shall for the purposes of this Act be deemed"
and substitute: is for the purposes of this Act taken |
Section 66(2) |
Delete "shall" and substitute: must |
Section 66(3) |
Delete "shall" and substitute: must |
Section 66(6) |
Delete "shall continue" and substitute: continues |
Section 67(1)(b)(i) |
After "person;" insert: and |
Section 68 |
Delete "shall" and substitute: must |
Section 69(3)(a) |
Delete "in pursuance of" and substitute: under |
Section 69(7) |
Delete "shall" and substitute: will |
Section 69(10) |
Delete "shall" and substitute: must |
Section 70 |
Delete the section |
Section 71 |
Delete the section |