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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - NOTES

Version No. 031

No. 107 of 2004
Version incorporating amendments as at
1 March 2019

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Version No. 031

Occupational Health and Safety Act 2004

No. 107 of 2004

Version incorporating amendments as at
1 March 2019

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 18 November 2004

Legislative Council: 14 December 2004

The long title for the Bill for this Act was "to promote and improve standards for occupational health, safety and welfare, to repeal the Occupational Health and Safety Act 1985 and for other purposes."

The Occupational Health and Safety Act 2004 was assented to on 21 December 2004 and came into operation as follows:

Part 2 Division 6 (section 19) and section 172(2) on 22 December 2004: s. 3(3); Parts 1 (sections 1–6), 2 (except Division 6), 3 (except section 28), 5 (sections 37–39), 6 (sections 40–42), 7 (sections 43–78),
8 (sections 79–94), 9 (sections 95–126), 10 (sections 127–129),
11 (sections 130–148), 12 (sections 149–151), 13 (sections 152–158), 14 (except s. 172(2)), 15 (sections 177–186) on 1 July 2005: s. 3(1);
Part 4 (sections 35, 36) on 1 January 2006: section 3(4); section 28 on 1 July 2006: section 3(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Occupational Health and Safety Act 2004 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Accident Compensation (Amendment) Act 2005, No. 28/2005

Assent Date:

21.6.05

Commencement Date:

Ss 28, 29 on 1.7.05: s. 2(5)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, No. 31/2005

Assent Date:

21.6.05

Commencement Date:

S. 38 on 1.7.05: s. 2

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Health Professions Registration Act 2005, No. 97/2005

Assent Date:

7.12.05

Commencement Date:

S. 182(Sch. 4 item 38) on 1.7.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:

13.6.06

Commencement Date:

S. 94(Sch. item 36) on 1.7.06: Government Gazette 29.6.06 p. 1315

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:

29.8.06

Commencement Date:

S. 61(Sch. item 26) on 30.8.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Statute Law Revision Act 2007, No. 28/2007

Assent Date:

26.6.07

Commencement Date:

S. 3(Sch. item 48) on 27.6.07: s. 2(1)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008

Assent Date:

18.11.08

Commencement Date:

S. 32 on 1.1.09: Government Gazette 18.12.08 p. 2998

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Resources Industry Legislation Amendment Act 2009, No. 6/2009

Assent Date:

3.3.09

Commencement Date:

S. 56 on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Fair Work (Commonwealth Powers) Act 2009, No. 24/2009

Assent Date:

17.6.09

Commencement Date:

Ss 34, 35 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Occupational Health and Safety Amendment (Employee Protection) Act 2009, No. 34/2009

Assent Date:

30.6.09

Commencement Date:

1.7.09: s. 2(2)

Current State:

All of Act in operation

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:

24.11.09

Commencement Date:

S. 97(Sch. item 90) on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:

24.11.09

Commencement Date:

S. 54(Sch. Pt 1 item 40) on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010

Assent Date:

23.3.10

Commencement Date:

S. 800(Sch. 6 item 10) on 1.1.12: s. 2(2)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:

30.3.10

Commencement Date:

S. 51(Sch. item 39) on 1.7.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011

Assent Date:

22.11.11

Commencement Date:

S. 107(Sch. item 10) on 16.1.12: Special Gazette
(No. 423) 21.12.11 p. 3

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013

Assent Date:

4.6.13

Commencement Date:

S. 44 on 5.6.13: s. 2(1)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:

12.11.13

Commencement Date:

S. 649(Sch. 9 item 25) on 1.7.14: s. 2(1)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 117) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Statute Law Revision Act 2015, No. 21/2015

Assent Date:

16.6.15

Commencement Date:

S. 3(Sch. 1 item 36) on 1.8.15: s. 2(1)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Treasury and Finance Legislation Amendment Act 2016, No. 41/2016

Assent Date:

28.6.16

Commencement Date:

Ss 5, 6 on 29.6.16: s. 2(1)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

WorkSafe Legislation Amendment Act 2017, No. 48/2017

Assent Date:

26.9.17

Commencement Date:

Ss 9, 20, 23, 24, 26 on 27.9.17: s. 2(1); ss 10–19, 21, 22, 25 on 26.10.17: Special Gazette (No. 359) 24.10.17 p. 1

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 91) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Treasury and Finance Legislation Amendment Act 2018, No. 49/2018

Assent Date:

25.9.18

Commencement Date:

Ss 19–22 on 26.9.18: s. 2

Current State:

This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

    4     Explanatory details

No entries at date of publication.



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