Australian Capital Territory Numbered Acts

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OCCUPATIONAL HEALTH AND SAFETY (AMENDMENT) ACT (NO. 2) 1999 (NO. 82 OF 1999) - SECT 14

Insertion

    The Principal Act is amended by adding at the end the following Part:

PART 9—TRANSITIONAL PROVISIONS

“98.     Definition

    In this Part—

‘registrar' means the registrar within the meaning of the Occupational Health and Safety Act 1989 as in force immediately before the commencement of this section.

“99.     Acts of registrar

    Subject to this Part, anything done or not done under a law of the Territory by, on behalf of, or in relation to, the registrar before the commencement of this section shall be taken on and after that day to have been done or not done by, on behalf of, or in relation to, the commissioner.

“100.     Time periods

    The Occupational Health and Safety (Amendment) Act (No. 2) 1999 does not affect a period of time that commenced to run before the commencement of this section.

“101.     Service on registrar

    A document or other thing given to, served on, or lodged with, the registrar before the commencement of this section shall be taken on and after that day to have been given to, served on, or lodged with, the commissioner when it was given to, served on, or lodged with the registrar.

“102.     Instruments

    An instrument made, granted or issued by the registrar before the commencement of this section and in force immediately before that day has effect on and after that day (except in relation to matters that occurred before that day) as if it had been made, granted or issued by the commissioner.

“103.     References in instruments

    A reference to the registrar in any instrument made, granted or issued before the commencement of this section and in force immediately before that day has effect on and after that day as if the reference were (except in relation to matters that occurred before that day) a reference to the commissioner.

“104.     Contracts and agreements

    A contract or agreement entered into by the registrar and in force immediately before the commencement of this section continues in force on and after that day as if—

        (a)     the commissioner were substituted for the registrar as a party to the contract or agreement; and

        (b)     any reference in the contract or agreement to the registrar were (except in relation to matters that occurred before that day) a reference to the commissioner.

“105.     Rights and liabilities

    The rights, privileges, obligations and liabilities of the registrar existing immediately before the commencement of this section are, on and after that day, the rights, privileges, obligations and liabilities of the commissioner.

“106.     Legal proceedings

“(1)     Where, before the commencement of this section, a cause of action by or against the registrar had arisen but proceedings in respect of that cause of action had not been instituted before that day, such proceedings may be instituted by or against the commissioner.

“(2)     Where, before the commencement of this section, proceedings had been instituted by or against the registrar in a court, tribunal, commission or other body but those proceedings had not been completed before that day, those proceedings may be continued by or against the commissioner.

“(3)     In proceedings instituted or continued under this section, each party to the proceedings has the same rights, and is subject to the same obligations, as if the commissioner were the registrar, and the proceedings had been instituted or continued by or against the registrar.

“107.     Certificates as evidence

    A certificate issued by the registrar and in force immediately before the commencement of this section is, on and after that day (except in relation to matters that occurred before that day), evidence of the matters stated in the certificate as if it had been issued by the commissioner.

“108.     Modification of operation of this Part

“(1)     The regulations may modify this Part to make provision with respect to any matter that is not already, or is not adequately, dealt with in this Part.

“(2)     A regulation that is expressed to modify the operation of this Part may take the form of a change to the text of this Part (whether by omission, insertion, addition or substitution) so that this Part operates as modified but the regulation does not amend its text.

“(3)     A regulation made under this section ceases to have effect 6 months after the day on which it commences.”.



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