Schedule 6—Transitional provisions
Part 9—Transitional
provisions
In this Part—
relevant day means the day on which this Part comes into operation;
repealed Act means the Occupational Health, Safety and Welfare Act 1986
.
(1) Subject to this
clause, the duties imposed on a designer under section 22 of this Act do
not apply to or in relation to the designing of any plant, substance or
structure (including with respect to carrying out any calculations, analysis,
testing or examination or with respect to the provision of any information) if
the designer commenced (or commenced and completed) designing the plant,
substance or structure before the relevant day.
(a)
subclause (1) applies in relation to a particular design; and
(b) the
designer would be subject to the operation of section 23A or 24 of the
repealed Act if those sections were still in operation,
then—
(c) the
designer must comply with the relevant requirements of those sections as if
the repealed Act were still in operation; and
(d) if
the designer fails to comply with paragraph (c), then action may be
brought against the designer (including by the undertaking of a prosecution)
as if the repealed Act were still in operation.
(3) If a designer
commenced designing any plant, substance or structure before the relevant day
but has not completed the design by the second anniversary of the relevant
day, then the designer will, in relation to the design, cease to have the
benefit of subclause (1) and the designer must comply with the
requirements of this Act in relation to the duties of a designer (as if this
Act had been in operation at the time that the designer commenced designing).
(4) Despite a
preceding subclause, if—
(a) a
designer carries out any calculations, analysis, testing or examination in
connection with the performance of a duty under the repealed Act (as taken to
be in operation under subclause (2)(d)); and
(b) the
designer would, if the calculations, analysis, testing or examination were
carried out under this Act, be subject to a requirement set out in
section 22(4)(b) or (5) of this Act,
then the designer must comply with those requirements as if that section
applied in relation to the plant, substance or structure.
(1) Subject to this
clause, the duties imposed on a manufacturer under section 23 of this Act
do not apply to or in relation to the manufacture of any plant, substance or
structure (including with respect to carrying out any calculations, analysis,
testing or examination or with respect to the provision of any information) if
the manufacturer commenced (or commenced and completed) any process associated
with the manufacturing of the plant, substance or structure before the
relevant day.
(a)
subclause (1) applies in relation to the manufacture of any particular
plant, substance or structure; and
(b) the
manufacturer would be subject to the operation of section 24 of the
repealed Act if that section were still in operation,
then—
(c) the
manufacturer must comply with the relevant requirements of that section as if
the repealed Act were in operation; and
(d) if
the manufacturer fails to comply with paragraph (c), then action may be
brought against the manufacturer (including by the undertaking of a
prosecution) as if the repealed Act were still in operation.
(3) If a manufacturer
commenced any process associated with the manufacturing of any plant,
substance or structure before the relevant day but has not completed the
manufacturing by the first anniversary of the relevant day, then the
manufacturer will, in relation to the manufacture of the plant, substance or
structure, cease to have the benefit of subclause (1) and the
manufacturer must comply with the requirements of the Act in relation to the
duties of a manufacturer (as if this Act had been in operation at the time
that the manufacturer commenced this process).
(4) Despite a
preceding subclause, if—
(a) a
manufacturer carries out any calculations, analysis, testing or examination in
connection with the performance of a duty under the repealed Act (as taken to
be in operation under subclause (2)(d)); and
(b) the
manufacturer would, if the calculations, analysis, testing or examination were
carried out under this Act, be subject to a requirement set out in
section 23(4)(b) or (5) of this Act,
then the manufacturer must comply with those requirements as if that section
applied in relation to the plant, substance or structure.
(1) Subject to this
clause, the duties imposed on an importer under section 24 of this Act do
not apply to or in relation to the importing of any plant, substance or
structure (including with respect to carrying out any calculations, analysis,
testing or examination or with respect to the provision of any information) if
the importer commenced (or commenced and completed) any steps constituting the
importation of the plant, substance or structure before the relevant day.
(a)
subclause (1) applies in relation to the importing of any particular
plant, substance or structure; and
(b) the
importer would be subject to the operation of section 24 of the repealed Act
if that section were still in operation,
then—
(c) the
importer must comply with the relevant requirements of that section as if the
repealed Act were in operation; and
(d) if
the importer fails to comply with paragraph (c), then action may be
brought against the importer (including by the undertaking of a prosecution)
as if the repealed Act were still in operation.
(3) If an importer
commenced any process associated with the importing of any plant, substance or
structure before the relevant day but has not completed the importing by the
first anniversary of the relevant day, then the importer will, in relation to
the importing of the plant, substance or structure, cease to have the benefit
of subclause (1) and the importer must comply with the requirements of
the Act in relation to the duties of an importer (as if the Act had been in
operation at the time that the importer commenced this process).
(4) Despite a
preceding subclause, if—
(a) an
importer carries out any calculations, analysis, testing or examination in
connection with the performance of a duty under the repealed Act (as taken to
be in operation under subclause (2)(d)); and
(b) the
importer would, if the calculations, analysis, testing or examination were
carried out under this Act, be subject to a requirement set out in
section 24(4)(b) or (5) of this Act,
then the importer must comply with those requirements as if that section
applied in relation to the plant, substance or structure.
(1) Subject to this
clause, the duties imposed on a supplier under section 25 of this Act do
not apply to or in relation to the supply of any plant, substance or structure
(including with respect to carrying out any calculations, analysis, testing or
examination or with respect to the provision of any information) if the
supplier commenced (or commenced and completed) any process associated with
the supply of the plant, substance or structure before the relevant day.
(a)
subclause (1) applies in relation to the supply of any particular plant,
substance or structure; and
(b) the
supplier would be subject to the operation of section 24 of the repealed
Act if that section were still in operation,
then—
(c) the
supplier must comply with the relevant requirement of that section as if the
repealed Act were in operation; and
(d) if
the supplier fails to comply with paragraph (c), then action may be
brought against the supplier (including by the undertaking of a prosecution)
as if the repealed Act were still in operation.
(3) If a supplier
commenced any process associated with the supply of any plant, substance or
structure before the relevant day but has not completed the supplying by the
first anniversary of the relevant day, then the supplier will, in relation to
the supply of the plant, substance or structure, cease to have the benefit of
subclause (1) and the supplier must comply with the requirements of the
Act in relation to the duties of a supplier (as if this Act had been in
operation at the time that the supplier commenced this process).
(4) Despite a
preceding subclause, if—
(a) a
supplier carries out any calculations, analysis, testing or examination in
connection with the performance of a duty under the repealed Act (as taken to
be in operation under subclause (2)(d)); and
(b) the
supplier would, if the calculations, analysis, testing or examination were
carried out under this Act, be subject to a requirement set out in
section 25(4)(b) or (5) of this Act,
then the supplier must comply with those requirements as if that section
applied in relation to the plant, substance or structure.
17—Duties of persons who install, construct or commission plant or
structures
(1) In this
clause—
designated person means a person who conducts a business or undertaking that
installs, constructs or commissions plant or a structure.
(2) Subject to this
clause, the duties imposed on a designated person under section 26 of
this Act do not apply to or in relation to the installation, construction or
commissioning of any plant or structure if the designated person commenced (or
commenced and completed) any process associated with the installation,
construction or commissioning of the plant or structure before the relevant
day.
(3) If a designated
person commenced any process associated with the installation, construction or
commissioning of any plant or structure before the relevant day but had not
completed the installation, construction or commissioning by the second
anniversary of the relevant day, then the designated person will, in relation
to the installation, construction or commissioning of the plant or structure,
cease to have the benefit of subclause (2) and the designated person must
comply with the requirements of the Act in relation to the duties of a
designated person (as if this Act had been in operation at the time that the
designated person commenced this process).
(1) On the relevant
day—
(a) a
person holding office as an inspector under the repealed Act will be taken to
have been appointed as an inspector under this Act; and
(b) a
person holding office as a health and safety representative or deputy health
and safety representative under the repealed Act will be taken to hold the
corresponding office under this Act (with a term of office corresponding to
the balance of his or her term of office under the repealed Act); and
(c) a
health and safety committee established under the repealed Act will be taken
to be a health and safety committee under this Act (with the membership as
constituted under the repealed Act).
(2) An identity card
held by an inspector under or for the purposes of the repealed Act immediately
before the relevant day will be taken to be an identity card furnished by the
regulator under section 157 of this Act (and to comply with the
requirements of section 157(1) in all respects).
(3) If a process or
proceeding—
(a) to
appoint a health and safety representative or deputy health and safety
representative; or
(b) to
establish or constitute a health and safety committee,
has been commenced (but not completed) under the repealed Act before the
relevant day (including so as to constitute a work group), the process or
proceeding (and any flow-on process or proceeding) may be completed under the
repealed Act as if the repealed Act were still in operation and will then have
effect for the purposes of this Act.
(4)
Subclause (3)(a) will cease to apply at the expiration of 3 months after
the relevant day (and any process or proceeding not completed after that
period will need to be recommenced under this Act).
(1) A person who has
completed a course of training approved for the purposes of section 31A
of the repealed Act will be taken to have completed any training required
under section 85(6) or 90(4) of this Act.
(2) Subclause (1)
will cease to apply at the expiration of 12 months after the relevant day
(and any relevant course of training under the repealed Act will then cease to
have effect for the purposes of this Act).
On the relevant day—
(a) a
person holding office as a member of the SafeWork SA Advisory Committee under
the repealed Act will be taken to be a member of the SafeWork SA Advisory
Council under this Act and, subject to clause 3(2) or (3) of
Schedule 2, will hold office for the balance of his or her term of office
under the repealed Act (and will then be eligible for reappointment under this
Act); and
(b) a
person holding office as a member of the Mining and Quarrying Occupational
Health and Safety Committee under the repealed Act will, subject to
clause 12(6) of Schedule 2, continue to hold office for the balance
of his or her term of office under the repealed Act (and will then be eligible
for reappointment under this Act).
21—Functions and powers of inspectors
(1) An inspector may,
on or after the relevant day, perform a function or exercise a power under
this Act in relation to anything arising under or relevant to the repealed Act
before the relevant day (and this Act will apply in relation to the
performance or exercise of such a function or power as if a reference to this
Act included a reference to the repealed Act).
(2) Without limiting
subclause (1)—
(a) a
reference in this Act to a contravention of this Act will be taken to include
a reference to a contravention of the repealed Act; and
(b) a
reference in this Act to an offence against this Act will be taken to include
a reference to an offence against the repealed Act.
(3) Any action taken
or information acquired under this Act (including on account of the operation
of this clause) may be used for the purposes of the repealed Act (insofar as
it may be relevant to an act, omission or circumstance occurring before the
relevant day).
(4) Nothing in this
clause affects or limits any action that may be taken under or with respect to
the repealed Act by virtue of the operation of any other Act or law.
A disqualification under section 30(4), (5), (6), (7) and (8) of the
repealed Act (including a disqualification made by a review committee after
the commencement of this Act) will have effect for the purposes of
section 60 of this Act as if it were a disqualification under
section 65.
(1) A prescribed code
of practice will be taken to be an approved code of practice under this Act
(without the need to take any other step or to publish any notice under
section 274).
(2) A prescribed code
of practice under subclause (1) may be varied or revoked by the Minister
in accordance with section 274 after the commencement of this clause.
(3) In this
clause—
prescribed code of practice means an approved code of practice in force under
section 63 of the repealed Act immediately before the relevant day
brought within the ambit of this clause by the regulations.
(1) A registration,
licence, permit, accreditation or other form of authorisation under a
designated Act of a class prescribed by the regulations for the purposes of
this clause will take and have effect under this Act in the manner prescribed
by the regulations (and, to the extent prescribed by the regulations, will be
taken to be a registration, licence, permit, accreditation or other form of
registration under this Act).
(2) In this
clause—
designated Act means—
(a) the
repealed Act; or
(b) the
Dangerous Substances Act 1979 .
(1) Subject to this
clause, an exemption in force under section 67 of the repealed Act
immediately before the relevant day will continue in force for the purposes of
this Act, or a corresponding provision of this Act, to an extent that
corresponds to the extent of the exemption under the repealed Act.
(2) An exemption under
subclause (1)—
(a) may
be—
(i)
modified from time to time as the Minister thinks fit;
and
(ii)
revoked at any time by the Minister; and
(b)
unless sooner revoked, will expire on the first anniversary of the relevant
day.
25A—Prosecutions under Occupational Health, Safety and Welfare
Act 1986
(1) The Minister may,
by instrument in writing, if he or she considers that it is in the interests
of justice to do so, extend a time limit that applies under
section 58(6)(b) of the repealed Act in order to allow proceedings to be
brought against a person for an offence against the repealed Act in a case
where proceedings previously commenced (or purportedly commenced) against the
person for the offence have been withdrawn, discharged, dismissed or otherwise
brought to an end because the person who brought (or purported to bring) the
proceedings was not authorised to do so under section 58(7) of the
repealed Act.
(2) In conjunction
with the operation of subclause (1)—
(a) an
extension under that subclause may be authorised even though the time limit
for commencing proceedings under the repealed Act has passed; and
(b)
proceedings may be commenced against a person on account of an extension under
that subclause even though the person has already been the subject of
proceedings (or purported proceedings) under the repealed Act with respect to
the same matter (being proceedings (or purported proceedings) that have been
withdrawn, discharged, dismissed or otherwise brought to an end before new
proceedings are commenced on account of the extension).
(3) An apparently
genuine document purporting to be signed by the Minister and to be an
extension of a time limit applying under section 58(6)(b) of the repealed
Act will be accepted in legal proceedings, in the absence of proof to the
contrary, as proof of an extension in a particular case.
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under subclause (1) may, if the regulation so provides,
take effect from the commencement of this Act or from a later day.
(3) To the extent to
which a provision takes effect under subclause (2) from a day earlier
than the day of the regulation's publication in the Gazette, the provision
does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4) The
Acts Interpretation Act 1915 will, except to the extent of any
inconsistency with the provisions of this Schedule, apply to any amendment or
repeal effected by this Act.