Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Technical amendments
(see s 3)
[1.1] Section 1
substitute
1 Name of Act
This Act is the Occupational Health and Safety Act 1989 .
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice.
[1.2] New sections 4 to 4B
insert
4 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act.
Note 2 For example, the signpost definition ‘ compliance agreement —see section 75G (2).' means that the term ‘compliance agreement' is defined in that subsection.
Note 3 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4A Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4B Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
• s 35C
• s 35D
• s 35E
• s 51
• s 57B
• s 57K
• s 57L
• pt 5
• pt 6
• pt 7A
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Explanatory note
This amendment adds standard dictionary and notes provisions. The amendment also adds a standard provision about other legislation applying to offences against this Act.
[1.3] Section 5 (1), definitions of administering authority , authorised person , commencement date , Crimes Act , date of service
omit
Explanatory note
This amendment omits certain definitions from section 5 (1).
The definitions of "administering authority", authorised person and date of service are omitted consequentially on the omission of part 5A by an amendment in the body of the bill.
The definition of commencement date is made redundant by amendments in this section.
The definition of Crimes Act is no longer needed, because the term is no longer used in the Act.
[1.4] Section 5 (1), definition of designated work group, paragraph (a)
omit
37 (1) or (2)
substitute
37 (2)
Explanatory note
This amendment is consequential on the omission of section 37 (1) by another amendment.
[1.5] Section 5 (1), definitions of infringement notice , infringement notice offence , infringement notice penalty , inspector , occupier , plant , prohibition notice and reminder notice
omit
Explanatory note
This amendment omits certain definitions from section 5 (1).
The definitions of "infringement notice", infringement notice offence , infringement notice penalty and reminder notice are omitted consequentially on the omission of part 5A by an amendment in the body of the bill.
The definitions of "inspector", occupier , plant and prohibition notice are replaced by definitions included in the dictionary inserted into the Act by an amendment in the body of the bill.
[1.6] Section 5 (1), definitions (as amended)
relocate to dictionary
Explanatory note
This amendment relocates the remaining definitions in section 5 (1) to the dictionary inserted into the Act by an amendment in the body of the bill.
[1.7] Section 5
substitute
5 Employee taken to be at work for Act
For this Act, an employee is taken to be at work at all times while the employee is at his or her workplace for the purpose of performing work in relation to an undertaking carried on by his or her employer.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
5A References to employee of employer at workplace
A reference in this Act to an employee of an employer at a particular workplace is a reference to an employee who works at the workplace in the capacity of an employee of the employer.
Explanatory note
This amendment omits the reminder of section 5 (1) and remakes section 5 (2) and (3) as separate clauses. The amendment also omits section 5 (4) consequentially on amendments in the body of the bill.
substitute
29 Duties of people in control of workplaces
Explanatory note
This amendment brings the heading more closely into line with current drafting practice.
omit
commencement date
substitute
9 April 1990
Explanatory note
This amendment substitutes the actual commencement date for the section.
substitute
31 Duties of self-employed people
Explanatory note
This amendment brings the heading more closely into line with current drafting practice.
substitute
34 Duties of people erecting or installing plant in workplace
Explanatory note
This amendment brings the heading more closely into line with current drafting practice.
omit
Explanatory note
This amendment omits a redundant transitional provision.
omit
, after the commencement date,
Explanatory note
This amendment is consequential on the omission of section 37 (1) by another amendment.
[1.14] Section 37 (3) and (10)
omit
(1) or
Explanatory note
This amendment is consequential on the omission of section 37 (1) by another amendment.
omit
(1) or
Explanatory note
This amendment is consequential on the omission of section 37 (1) by another amendment.
renumber provisions when Act next republished under Legislation Act
Explanatory note
This amendment provides for the renumbering of the Act to take account of the amendments made by the bill.