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Queensland
Electrical Safety and Other
Legislation Amendment Bill
2009
Queensland
Electrical Safety and Other Legislation
Amendment Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Electrical Safety Act 2002
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 35 (Additional obligation of designer,
manufacturer, importer or supplier of electrical equipment) . . . . . 8
5 Insertion of new pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2A Ministerial recall orders
40A Minister may make recall order . . . . . . . . . . . . . . . . . 9
40B Notice required before making recall order . . . . . . . . 9
40C Service of recall order . . . . . . . . . . . . . . . . . . . . . . . . 10
40D Nature of recall order . . . . . . . . . . . . . . . . . . . . . . . . . 10
40E Supplier must help responsible person . . . . . . . . . . . 11
6 Amendment of s 121 (Decision about taking disciplinary action) . 12
7 Insertion of new pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 18 Transitional provisions for Electrical Safety and
Other Legislation Amendment Act 2009
244 Definition for pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
245 Notices published in industrial gazette . . . . . . . . . . . . 13
246 Effect of regulation amendment . . . . . . . . . . . . . . . . . 13
8 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 3 Amendment of Electrical Safety Regulation 2002
9 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10 Amendment of s 211AA (Provision of information by Residential
Tenancies Authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Amendment of sch 6 (Prescribed electricity entities) . . . . . . . . . . 14
Electrical Safety and Other Legislation Amendment Bill 2009
Contents
Part 4 Amendment of Acts Interpretation Act 1954
12 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Amendment of s 36 (Meaning of commonly used words and
expressions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Part 5 Amendment of Building and Construction Industry
(Portable Long Service Leave) Act 1991
14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Amendment of s 16 (Term of office) . . . . . . . . . . . . . . . . . . . . . . . 15
16 Insertion of new pt 11, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 6 Transitional provision for Electrical Safety and
Other Legislation Amendment Act 2009
123 Notices published in industrial gazette . . . . . . . . . . . . 16
Part 6 Amendment of Contract Cleaning Industry (Portable Long
Service Leave) Act 2005
17 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Replacement of s 6 (Meaning of cleaning work) . . . . . . . . . . . . . 16
6 Meaning of cleaning work. . . . . . . . . . . . . . . . . . . . . . 17
19 Amendment of s 9 (Who is a worker) . . . . . . . . . . . . . . . . . . . . . . 17
20 Amendment of s 18 (Appointment of directors) . . . . . . . . . . . . . . 18
21 Amendment of s 62 (Returns) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Amendment of s 63 (Payments of levy) . . . . . . . . . . . . . . . . . . . . 18
23 Amendment of s 65 (Civil penalty for failure to give return or pay
levy) ....................................... 19
24 Insertion of pt 12, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Insertion of new pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2 Transitional provisions for Electrical Safety and
Other Legislation Amendment Act 2009
155 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
156 Notices published in industrial gazette . . . . . . . . . . . . 20
157 Returns and levy for a return period. . . . . . . . . . . . . . 20
158 Civil penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
159 Retrospective service credits . . . . . . . . . . . . . . . . . . . 21
26 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 7 Amendment of Evidence Act 1977
27 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
28 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 8 Amendment of Holidays Act 1983
29 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Page 2
Electrical Safety and Other Legislation Amendment Bill 2009
Contents
30 Amendment of s 4 (Special holidays) . . . . . . . . . . . . . . . . . . . . . . 22
31 Insertion of new s 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8 Transitional provision for Electrical Safety and Other
Legislation Amendment Act 2009. . . . . . . . . . . . . . . . 22
Part 9 Amendment of Industrial Relations Act 1999
32 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
33 Amendment of ss 133 and 287 . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Insertion of new ch 8, pt 4, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3 QIRC website
304A What is the QIRC website . . . . . . . . . . . . . . . . . . . . . 23
304B When matter is published on QIRC website. . . . . . . . 23
35 Amendment of s 680 (Evidentiary value of official records) . . . . . 24
36 Amendment of s 699 (Obsolete industrial instrument) . . . . . . . . . 25
37 Insertion of new ch 20, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 9 Transitional provisions for Electrical Safety and
Other Legislation Amendment Act 2009
757 Definition for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
758 Matters published in industrial gazette . . . . . . . . . . . . 26
759 Effect of regulation and tribunals rules amendment . . 27
38 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 10 Amendment of Industrial Relations Regulation 2000
39 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
40 Amendment of ss 20 and 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
41 Amendment of s 81 (Notice of application) . . . . . . . . . . . . . . . . . 27
42 Amendment of s 138 (Fixing start day for amalgamation or
withdrawal) ............................... 28
Part 11 Amendment of Industrial Relations (Tribunals) Rules 2000
43 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
44 Amendment of r 80 (Practice notes). . . . . . . . . . . . . . . . . . . . . . . 29
45 Amendment of r 87 (Publishing decisions etc.) . . . . . . . . . . . . . . 29
Part 12 Amendment of Parliamentary Service Act 1988
46 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
47 Insertion of new pt 7, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 29
48 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2 Transitional provision for Electrical Safety and
Other Legislation Amendment Act 2009
59 Effect of rule amendment . . . . . . . . . . . . . . . . . . . . . . 30
Page 3
Electrical Safety and Other Legislation Amendment Bill 2009
Contents
Part 13 Amendment of Parliamentary Service Rule 2000
49 Rule amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 14 Amendment of Trading (Allowable Hours) Act 1990
51 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
52 Amendment of ss 23 and 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Amendment of s 46 (Evidentiary provisions) . . . . . . . . . . . . . . . . 31
54 Insertion of new pt 8, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 31
55 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2 Transitional provision for Electrical Safety and
Other Legislation Amendment Act 2009
49 Notifications published in industrial gazette . . . . . . . . 31
Part 15 Amendment of Workers' Compensation and Rehabilitation
Act 2003
56 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
57 Amendment of s 54 (Setting of premium). . . . . . . . . . . . . . . . . . . 32
58 Amendment of s 81 (Annual levy payable) . . . . . . . . . . . . . . . . . . 33
59 Amendment of ss 205, 217 and 218A . . . . . . . . . . . . . . . . . . . . . 33
60 Amendment of ss 393, 397, 400, 406, 408, 460, 476 and 477 . . 33
61 Amendment of s 479 (Amounts payable by Authority on
Minister's instruction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
62 Amendment of ss 480-483 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
63 Insertion of new ch 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Chapter 25 Transitional provisions for Electrical Safety and
Other Legislation Amendment Act 2009
660 Definition for ch 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
661 Matters published in industrial gazette . . . . . . . . . . . . 34
662 Amendment of regulation . . . . . . . . . . . . . . . . . . . . . . 35
64 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 16 Amendment of Workers' Compensation and Rehabilitation
Regulation 2003
65 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
66 Amendment of ss 11, 20, 21 and 23 . . . . . . . . . . . . . . . . . . . . . . 35
67 Amendment of s 23A (Deemed levy for appeals--Act,
s 569(2)(a)) ................................. 35
68 Amendment of ss 24, 99A, 99C, 99D and 122 . . . . . . . . . . . . . . . 36
Part 17 Amendment of Workplace Health and Safety Act 1995
69 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Page 4
Electrical Safety and Other Legislation Amendment Bill 2009
Contents
70 Insertion of new pt 17, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 6 Transitional provision for Electrical Safety and
Other Legislation Amendment Act 2009
196 Effect of regulation amendment . . . . . . . . . . . . . . . . . 36
Part 18 Amendment of Workplace Health and Safety Regulation
2008
71 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
72 Amendment of s 352 (Amount of workplace health and safety
contribution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Page 5
2009
A Bill
for
An Act to amend the Electrical Safety Act 2002, the Electrical
Safety Regulation 2002, the Acts Interpretation Act 1954, the
Building and Construction Industry (Portable Long Service
Leave) Act 1991, the Contract Cleaning Industry (Portable Long
Service Leave) Act 2005, the Evidence Act 1977, the Holidays
Act 1983, the Industrial Relations Act 1999, the Industrial
Relations Regulation 2000, the Industrial Relations (Tribunals)
Rules 2000, the Parliamentary Service Act 1988, the
Parliamentary Service Rule 2000, the Trading (Allowable Hours)
Act 1990, the Workers' Compensation and Rehabilitation Act
2003, the Workers' Compensation and Rehabilitation
Regulation 2003, the Workplace Health and Safety Act 1995 and
the Workplace Health and Safety Regulation 2008 for partcular
purposes
Electrical Safety and Other Legislation Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Electrical Safety and Other 4
Legislation Amendment Act 2009. 5
Clause 2 Commencement 6
(1) Part 6 commences on 1 January 2010. 7
(2) The remaining provisions of this Act, other than parts 2 and 3, 8
commence on a day to be fixed by proclamation. 9
Part 2 Amendment of Electrical Safety 10
Act 2002 11
Clause 3 Act amended 12
This part amends the Electrical Safety Act 2002. 13
Clause 4 Amendment of s 35 (Additional obligation of designer, 14
manufacturer, importer or supplier of electrical 15
equipment) 16
(1) Section 35, heading, `obligation'-- 17
omit, insert-- 18
`obligations'. 19
(2) Section 35-- 20
insert-- 21
Page 8
Electrical Safety and Other Legislation Amendment Bill 2009
Part 2 Amendment of Electrical Safety Act 2002
[s 5]
`(2) A designer, manufacturer or importer of electrical equipment 1
has an obligation to comply with the requirements of a recall 2
order that applies to the designer, manufacturer or importer. 3
Note-- 4
See division 2A which provides for the making of recall orders.'. 5
Clause 5 Insertion of new pt 2, div 2A 6
After section 40-- 7
insert-- 8
`Division 2A Ministerial recall orders 9
`40A Minister may make recall order 10
`(1) This section applies if the Minister considers that electrical 11
equipment is placing, or will place, persons or property in 12
electrical risk. 13
`(2) The Minister may make an order (a recall order) that-- 14
(a) is directed to a stated designer, manufacturer or importer 15
(the responsible person); and 16
(b) requires stated electrical equipment, or a stated type of 17
electrical equipment, be recalled from use. 18
`(3) The Minister may make a recall order for electrical equipment 19
whether or not-- 20
(a) the responsible person has already undertaken a recall of 21
the electrical equipment; or 22
(b) the electrical equipment has been installed at a place. 23
Note-- 24
Section 35(2) expressly provides for an obligation to comply with the 25
recall order. 26
`40B Notice required before making recall order 27
`(1) Before making the recall order, the Minister must-- 28
Page 9
Electrical Safety and Other Legislation Amendment Bill 2009
Part 2 Amendment of Electrical Safety Act 2002
[s 5]
(a) advise the responsible person by written notice that the 1
Minister intends to make the order and the reasons for 2
making the order; and 3
(b) give the responsible person a copy of the proposed 4
order; and 5
(c) call on the responsible person to show cause why the 6
Minister should not make the proposed order. 7
`(2) If the responsible person wishes to show cause why the recall 8
order should not be made, the responsible person must make 9
written submissions to the Minister within 7 days after 10
receiving the notice and copy of the proposed order from the 11
Minister. 12
`(3) The Minister must consider any written submissions made by 13
the responsible person before making the recall order. 14
`40C Service of recall order 15
`(1) This section applies if, after considering any written 16
submissions made by the responsible person under section 17
40B(2), the Minister still decides to make the recall order. 18
`(2) The recall order must be in writing and be given to the 19
responsible person. 20
`(3) Information that is sufficient to alert the public about the 21
electrical risk identified in the recall order must be published 22
in-- 23
(a) the gazette; and 24
(b) a newspaper circulating generally in the State. 25
`40D Nature of recall order 26
`(1) The recall order must state-- 27
(a) the reasons for the recall of the electrical equipment 28
from use; and 29
Page 10
Electrical Safety and Other Legislation Amendment Bill 2009
Part 2 Amendment of Electrical Safety Act 2002
[s 5]
(b) what the responsible person must do to recall the 1
electrical equipment from use including, but not limited 2
to, the following-- 3
(i) the way in which, and the period for which, the 4
responsible person must inform other persons 5
about the electrical risk; 6
(ii) the information the responsible person must give 7
other persons about the electrical risk, including 8
the action the other persons should take to mitigate 9
the electrical risk; 10
(iii) the action the responsible person must take to 11
eliminate the electrical risk, for example, by repair, 12
replacement or otherwise making the equipment 13
electrically safe; 14
(iv) the information the responsible person must give to 15
the chief executive about the progress of the recall. 16
`(2) The responsible person is liable for any cost incurred in 17
relation to complying with the recall order, including costs 18
incurred by a supplier giving reasonable help in relation to the 19
recall order under section 40E. 20
`(3) The recall order remains in force until the end of 2 years after 21
the order is made unless sooner revoked by the Minister. 22
`(4) Subsection (3) does not prevent a further recall order being 23
made for the same electrical equipment to which the recall 24
order applied while it was in force. 25
`40E Supplier must help responsible person 26
`(1) This section applies if the responsible person-- 27
(a) produces a copy of the recall order to a supplier of 28
electrical equipment that is the subject of the order; and 29
(b) asks the supplier for help in relation to the recall order. 30
`(2) The supplier must give the responsible person reasonable help 31
in relation to the recall order. 32
Page 11
Electrical Safety and Other Legislation Amendment Bill 2009
Part 2 Amendment of Electrical Safety Act 2002
[s 6]
Examples of reasonable help-- 1
· ceasing the supply of the recalled electrical equipment 2
· putting up a sign about the recall at the supplier's place of business 3
· providing a collection point for recalled electrical equipment 4
· identifying or contacting persons supplied with the recalled 5
electrical equipment 6
· giving the responsible person information about the number of 7
items of recalled electrical equipment sold, in stock or returned by 8
customers 9
Maximum penalty--50 penalty units.'. 10
Clause 6 Amendment of s 121 (Decision about taking disciplinary 11
action) 12
Section 121(5), `industrial gazette'-- 13
omit, insert-- 14
`gazette'. 15
Clause 7 Insertion of new pt 18 16
After section 243-- 17
insert-- 18
`Part 18 Transitional provisions for 19
Electrical Safety and Other 20
Legislation Amendment Act 21
2009 22
`244 Definition for pt 18 23
`In this part-- 24
amending Act means the Electrical Safety and Other 25
Legislation Amendment Act 2009. 26
Page 12
Electrical Safety and Other Legislation Amendment Bill 2009
Part 2 Amendment of Electrical Safety Act 2002
[s 8]
`245 Notices published in industrial gazette 1
`(1) This section applies if, before the commencement, a notice 2
was published in the industrial gazette as required by section 3
121(5) as in force before the commencement. 4
`(2) The notice continues to have been published for section 121 5
after the commencement despite the amendment of that 6
section by the amending Act. 7
`(3) In this section-- 8
commencement means the commencement of this section. 9
industrial gazette means the Queensland Government 10
Industrial Gazette. 11
`246 Effect of regulation amendment 12
`The amendment of the Electrical Safety Regulation 2002 by 13
the amending Act does not affect the power of the Governor in 14
Council to further amend the regulation or to repeal it.'. 15
Clause 8 Amendment of sch 2 (Dictionary) 16
(1) Schedule 2-- 17
insert-- 18
`recall order see section 40A(2). 19
responsible person, in relation to a recall order, see section 20
40A(2)(a).'. 21
(2) Schedule 2, definition electricity entity-- 22
insert-- 23
`(d) Airtrain Citylink Limited ACN 066 543 315.'. 24
Page 13
Electrical Safety and Other Legislation Amendment Bill 2009
Part 3 Amendment of Electrical Safety Regulation 2002
[s 9]
Part 3 Amendment of Electrical Safety 1
Regulation 2002 2
Clause 9 Regulation amended 3
This part amends the Electrical Safety Regulation 2002. 4
Clause 10 Amendment of s 211AA (Provision of information by 5
Residential Tenancies Authority) 6
Section 211AA(2), definition Residential Tenancy 7
Authority-- 8
omit, insert-- 9
`Residential Tenancies Authority means the Residential 10
Tenancies Authority established under the Residential 11
Tenancies and Rooming Accommodation Act 2008, section 12
465.'. 13
Clause 11 Amendment of sch 6 (Prescribed electricity entities) 14
Schedule 6, part 2-- 15
insert-- 16
· Airtrain Citylink Limited ACN 066 543 315'. 17
Part 4 Amendment of Acts 18
Interpretation Act 1954 19
Clause 12 Act amended 20
This part amends the Acts Interpretation Act 1954. 21
Page 14
Electrical Safety and Other Legislation Amendment Bill 2009
Part 5 Amendment of Building and Construction Industry (Portable Long Service Leave) Act
1991
[s 13]
Clause 13 Amendment of s 36 (Meaning of commonly used words 1
and expressions) 2
(1) Section 36, definitions industrial gazette and industrial 3
gazette notice-- 4
omit. 5
(2) Section 36-- 6
insert-- 7
`published, in relation to the QIRC website, means published 8
as provided under the Industrial Relations Act 1999, section 9
304B. 10
QIRC website see the Industrial Relations Act 1999, section 11
304A.'. 12
Part 5 Amendment of Building and 13
Construction Industry (Portable 14
Long Service Leave) Act 1991 15
Clause 14 Act amended 16
This part amends the Building and Construction Industry 17
(Portable Long Service Leave) Act 1991. 18
Clause 15 Amendment of s 16 (Term of office) 19
Section 16(2), `industrial gazette notice'-- 20
omit, insert-- 21
`gazette notice'. 22
Clause 16 Insertion of new pt 11, div 6 23
After section 122-- 24
insert-- 25
Page 15
Electrical Safety and Other Legislation Amendment Bill 2009
Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005
[s 17]
`Division 6 Transitional provision for Electrical 1
Safety and Other Legislation 2
Amendment Act 2009 3
`123 Notices published in industrial gazette 4
`(1) This section applies if, before the commencement, a notice 5
was published in the industrial gazette as permitted by section 6
16(2) as in force before the commencement. 7
`(2) The notice continues to have been published for section 16 8
after the commencement despite the amendment of that 9
section by the Electrical Safety and Other Legislation 10
Amendment Act 2009. 11
`(3) In this section-- 12
commencement means the commencement of this section. 13
industrial gazette means the Queensland Government 14
Industrial Gazette.'. 15
Part 6 Amendment of Contract 16
Cleaning Industry (Portable 17
Long Service Leave) Act 2005 18
Clause 17 Act amended 19
This part amends the Contract Cleaning Industry (Portable 20
Long Service Leave) Act 2005. 21
Clause 18 Replacement of s 6 (Meaning of cleaning work) 22
Section 6-- 23
omit, insert-- 24
Page 16
Electrical Safety and Other Legislation Amendment Bill 2009
Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005
[s 19]
`6 Meaning of cleaning work 1
`(1) Cleaning work is work, performed in Queensland that has as 2
its main or only function the bringing of premises or public 3
open spaces into, or keeping of premises or public open 4
spaces in, a clean condition. 5
Example of public open space-- 6
South Bank Parklands 7
`(2) However, cleaning work does not include the following 8
work-- 9
(a) work that is the cleaning of a swimming pool and the 10
grounds surrounding the swimming pool; 11
(b) work that is the removal of waste from commercial 12
waste receptacles from premises or public open spaces; 13
(c) work that is bringing grounds surrounding a building or 14
house into, or keeping the grounds in, a clean condition; 15
(d) work of a gardening nature, including the removal or 16
alteration of vegetation.'. 17
Clause 19 Amendment of s 9 (Who is a worker) 18
(1) Section 9-- 19
insert-- 20
`(2A) To remove any doubt, it is declared that if more than half of 21
the work a worker mentioned in this section performs, or is 22
engaged to perform, is cleaning work, the worker is taken to 23
perform, or is taken to have been engaged to perform, 24
cleaning work in the contract cleaning industry.'. 25
(2) Section 9(3)-- 26
insert-- 27
`(d) under a contract, whether or not the contract is a 28
contract of service, with a corporation of which the 29
person is a director; or 30
Page 17
Electrical Safety and Other Legislation Amendment Bill 2009
Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005
[s 20]
(e) under a contract, whether or not the contract is a 1
contract of service, with a trust of which the person is a 2
trustee.'. 3
Clause 20 Amendment of s 18 (Appointment of directors) 4
Section 18, `industrial gazette notice'-- 5
omit, insert-- 6
`gazette notice'. 7
Clause 21 Amendment of s 62 (Returns) 8
Section 62-- 9
insert-- 10
`(5) In this section-- 11
worker does not include a worker who-- 12
(a) is not a registered worker; and 13
(b) was not recorded as a worker in the person's return for 14
the previous return period; and 15
(c) performed work for the person for less than 5 days 16
during the current return period.'. 17
Clause 22 Amendment of s 63 (Payments of levy) 18
Section 63-- 19
insert-- 20
`(6) In this section-- 21
worker does not include a worker who-- 22
(a) is not a registered worker; and 23
(b) was not recorded as a worker in the employer's return 24
for the previous return period; and 25
(c) performed work for the employer for less than 5 days 26
during the current return period.'. 27
Page 18
Electrical Safety and Other Legislation Amendment Bill 2009
Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005
[s 23]
Clause 23 Amendment of s 65 (Civil penalty for failure to give return 1
or pay levy) 2
(1) Section 65-- 3
insert-- 4
`(4A) However, if during the past 4 return periods, the person has 5
also, on at least 1 other occasion, failed to comply with 6
section 62(1) or 63(2), the amount of the civil penalty is 7
double the amount of the civil penalty mentioned in 8
subsection (2) or (4).'. 9
(2) Section 65(7)(a), after `subsection (2)'-- 10
insert-- 11
`or (4A)'. 12
(3) Section 65(8)(b), after `subsection (4)'-- 13
insert-- 14
`or (4A)'. 15
Clause 24 Insertion of pt 12, div 1, hdg 16
Part 12, before section 151-- 17
insert-- 18
`Division 1 Transitional provisions for Act No. 19
21 of 2005'. 20
Clause 25 Insertion of new pt 12, div 2 21
After section 154-- 22
insert-- 23
Page 19
Electrical Safety and Other Legislation Amendment Bill 2009
Part 6 Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005
[s 25]
`Division 2 Transitional provisions for Electrical 1
Safety and Other Legislation 2
Amendment Act 2009 3
`155 Definition for div 2 4
`In this division-- 5
amending Act means the Electrical Safety and Other 6
Legislation Amendment Act 2009. 7
`156 Notices published in industrial gazette 8
`(1) This section applies if, before the commencement, a notice 9
was published in the industrial gazette as permitted by section 10
18 as in force before the commencement. 11
`(2) The notice continues to have been published for section 18 12
after the commencement despite the amendment of that 13
section by the amending Act. 14
`(3) In this section-- 15
commencement means the commencement of this section. 16
industrial gazette means the Queensland Government 17
Industrial Gazette. 18
`157 Returns and levy for a return period 19
`The amendments of sections 62 and 63 by the amending Act 20
apply only in relation to a return period that commences on or 21
after the commencement of this section. 22
`158 Civil penalty 23
`The amendment of section 65 by the amending Act applies 24
only to a failure to give a return, or to pay an amount of levy, 25
for a return period that commences on or after the 26
commencement of this section. 27
Page 20
Electrical Safety and Other Legislation Amendment Bill 2009
Part 7 Amendment of Evidence Act 1977
[s 26]
`159 Retrospective service credits 1
`(1) This section applies if a registered worker, or a person who 2
applies to become a registered worker, performs previously 3
excluded cleaning work on or after this commencement. 4
`(2) This section applies whether or not the engagement to 5
perform the previously excluded cleaning work started before 6
or after this commencement. 7
`(3) The registered worker or person may apply to the authority 8
under section 69 for credit for retrospective service credits in 9
relation to the previously excluded cleaning work. 10
`(4) For subsection (3), sections 69 and 70 apply as if a reference 11
in those sections to the commencement of the section were a 12
reference to this commencement. 13
`(5) In this section-- 14
previously excluded cleaning work means cleaning work that 15
would not have been cleaning work in the contract cleaning 16
industry before this commencement. 17
this commencement means the commencement of this 18
section.'. 19
Clause 26 Amendment of sch 2 (Dictionary) 20
Schedule 2, definition premises-- 21
omit. 22
Part 7 Amendment of Evidence Act 23
1977 24
Clause 27 Act amended 25
This part amends the Evidence Act 1977. 26
Page 21
Electrical Safety and Other Legislation Amendment Bill 2009
Part 8 Amendment of Holidays Act 1983
[s 28]
Clause 28 Amendment of sch 3 (Dictionary) 1
Schedule 3, definition gazette, example-- 2
omit, insert-- 3
`Example-- 4
Queensland Government Gazette'. 5
Part 8 Amendment of Holidays Act 6
1983 7
Clause 29 Act amended 8
This part amends the Holidays Act 1983. 9
Clause 30 Amendment of s 4 (Special holidays) 10
Section 4(1), `or the Industrial Gazette'-- 11
omit. 12
Clause 31 Insertion of new s 8 13
After section 7-- 14
insert-- 15
`8 Transitional provision for Electrical Safety and Other 16
Legislation Amendment Act 2009 17
`(1) This section applies if, before the commencement, a 18
notification was published in the industrial gazette as 19
permitted by section 4(1) as in force before the 20
commencement. 21
`(2) The notification continues to have been published for section 22
4 after the commencement despite the amendment of that 23
section by the Electrical Safety and Other Legislation 24
Amendment Act 2009. 25
Page 22
Electrical Safety and Other Legislation Amendment Bill 2009
Part 9 Amendment of Industrial Relations Act 1999
[s 32]
`(3) In this section-- 1
commencement means the commencement of this section. 2
industrial gazette means the Queensland Government 3
Industrial Gazette.'. 4
Part 9 Amendment of Industrial 5
Relations Act 1999 6
Clause 32 Act amended 7
This part amends the Industrial Relations Act 1999. 8
Clause 33 Amendment of ss 133 and 287 9
Sections 133 and 287, `in the industrial gazette'-- 10
omit, insert-- 11
`on the QIRC website'. 12
Clause 34 Insertion of new ch 8, pt 4, div 3 13
Chapter 8, part 4, after section 304-- 14
insert-- 15
`Division 3 QIRC website 16
`304A What is the QIRC website 17
`The QIRC website is the internet website used by the 18
registrar to provide public access to information about matters 19
relating to the court, the commission and the registry. 20
`304B When matter is published on QIRC website 21
`(1) A matter is published on the QIRC website-- 22
Page 23
Electrical Safety and Other Legislation Amendment Bill 2009
Part 9 Amendment of Industrial Relations Act 1999
[s 35]
(a) if it is made accessible in full on the website; or 1
(b) if-- 2
(i) notice of its making, issue or other production is 3
made accessible on the website; and 4
(ii) it is made accessible separately in full in another 5
location identified in the notice. 6
`(2) The date on which a matter is published on the QIRC website 7
is the date notified by the registrar (whether as part of the 8
matter or elsewhere) as the date of its publication, being a date 9
that is not earlier than the date on which it was first made 10
accessible under subsection (1). 11
`(3) However, if a matter can not for technical or other reasons be 12
published on the QIRC website at a particular time, the 13
matter-- 14
(a) may be published at that time as mentioned in 15
subsection (4); and 16
(b) must be published on the QIRC website as soon as 17
practicable; and 18
(c) is taken to have been published on the QIRC website 19
when it is published as mentioned in subsection (4). 20
`(4) If subsection (3) applies, the registrar may publish the matter 21
in any of the following ways-- 22
(a) in the gazette; 23
(b) in a newspaper circulating throughout the State; 24
(c) another way the registrar decides that gives sufficient 25
notice of the matter to the public or the part of the public 26
likely to be affected by or concerned with the matter. 27
Example for paragraph (c)-- 28
a website of another department or State agency'. 29
Clause 35 Amendment of s 680 (Evidentiary value of official 30
records) 31
(1) Section 680(1)(b)-- 32
Page 24
Electrical Safety and Other Legislation Amendment Bill 2009
Part 9 Amendment of Industrial Relations Act 1999
[s 36]
omit, insert-- 1
`(b) a document purporting to be an extract printed from the 2
QIRC website that contains notice of a decision or other 3
action of the court or commission.'. 4
(2) Section 680(2)(a), from `a copy' to `contain'-- 5
omit, insert-- 6
`a document purporting to be an extract printed from the 7
QIRC website that contains'. 8
(3) Section 680(2)-- 9
insert-- 10
`(g) a certificate issued by the registrar that-- 11
(i) a specified website is currently used, or was used 12
during a stated period or on a stated day, to provide 13
public access to information about matters relating 14
to the court, the commission and the registry; or 15
(ii) a stated matter was published on the QIRC website 16
on a stated day; or 17
(iii) a stated matter on the QIRC website was, on a 18
stated day, published in a particular way; or 19
(iv) a document on the QIRC website was in force at a 20
stated time or during a stated period; 21
is evidence of the matters.'. 22
Clause 36 Amendment of s 699 (Obsolete industrial instrument) 23
(1) Section 699(1), `notify in the industrial gazette'-- 24
omit, insert-- 25
`publish on the QIRC website notice of'. 26
(2) Section 699(4), `notify in the industrial gazette'-- 27
omit, insert-- 28
`, by notice published on the QIRC website, declare'. 29
Page 25
Electrical Safety and Other Legislation Amendment Bill 2009
Part 9 Amendment of Industrial Relations Act 1999
[s 37]
Clause 37 Insertion of new ch 20, pt 9 1
After section 756-- 2
insert-- 3
`Part 9 Transitional provisions for 4
Electrical Safety and Other 5
Legislation Amendment Act 6
2009 7
`757 Definition for pt 9 8
`In this part-- 9
amending Act means the Electrical Safety and Other 10
Legislation Amendment Act 2009. 11
`758 Matters published in industrial gazette 12
`(1) This section applies if, before the commencement of this 13
section, a matter was published in the industrial gazette as 14
required or permitted by a provision of this Act (relevant 15
provision) as in force before the commencement. 16
`(2) Despite the amendment of the relevant provision by the 17
amending Act, after the commencement-- 18
(a) the matter continues to have been published for the 19
relevant provision; and 20
(b) section 680, as in force immediately before the 21
commencement, continues to apply to a copy of, or a 22
document purporting to be an extract from, the 23
industrial gazette. 24
`(3) In this section-- 25
commencement means the commencement of this section. 26
industrial gazette means the Queensland Government 27
Industrial Gazette. 28
Page 26
Electrical Safety and Other Legislation Amendment Bill 2009
Part 10 Amendment of Industrial Relations Regulation 2000
[s 38]
`759 Effect of regulation and tribunals rules amendment 1
`The amendment of the Industrial Relations Regulation 2000 2
and the Industrial Relations (Tribunals) Rules 2000 by the 3
amending Act does not affect the power of the Governor in 4
Council to further amend the regulation or rules or to repeal 5
the regulation or rules.'. 6
Clause 38 Amendment of sch 5 (Dictionary) 7
Schedule 5-- 8
insert-- 9
`published, in relation to the QIRC website, means published 10
as provided under section 304B. 11
QIRC website see section 304A.'. 12
Part 10 Amendment of Industrial 13
Relations Regulation 2000 14
Clause 39 Regulation amended 15
This part amends the Industrial Relations Regulation 2000. 16
Clause 40 Amendment of ss 20 and 26 17
Sections 20(3)(b)(ii) and 26(3), `in the industrial gazette'-- 18
omit, insert-- 19
`on the QIRC website'. 20
Clause 41 Amendment of s 81 (Notice of application) 21
(1) Section 81(3)-- 22
omit, insert-- 23
Page 27
Electrical Safety and Other Legislation Amendment Bill 2009
Part 11 Amendment of Industrial Relations (Tribunals) Rules 2000
[s 42]
`(3) A notice under subsection (2) must be-- 1
(a) given in a newspaper circulating throughout the State; 2
and 3
(b) published on the QIRC website.'. 4
(2) Section 81(5)-- 5
omit, insert-- 6
`(5) A notice under subsection (4) must be-- 7
(a) given in a newspaper circulating throughout the State; 8
and 9
(b) published on the QIRC website.'. 10
Clause 42 Amendment of s 138 (Fixing start day for amalgamation 11
or withdrawal) 12
Section 138, `industrial gazette notice'-- 13
omit, insert-- 14
`notice published on the QIRC website'. 15
Part 11 Amendment of Industrial 16
Relations (Tribunals) Rules 17
2000 18
Clause 43 Rules amended 19
This part amends the Industrial Relations (Tribunals) Rules 20
2000. 21
Page 28
Electrical Safety and Other Legislation Amendment Bill 2009
Part 12 Amendment of Parliamentary Service Act 1988
[s 44]
Clause 44 Amendment of r 80 (Practice notes) 1
Rule 80, `industrial gazette notice'-- 2
omit, insert- 3
`notice published on the QIRC website'. 4
Clause 45 Amendment of r 87 (Publishing decisions etc.) 5
Rule 87, `in the industrial gazette'-- 6
omit, insert-- 7
`on the QIRC website'. 8
Part 12 Amendment of Parliamentary 9
Service Act 1988 10
Clause 46 Act amended 11
This part amends the Parliamentary Service Act 1988. 12
Clause 47 Insertion of new pt 7, div 1, hdg 13
Part 7, before section 57-- 14
insert-- 15
`Division 1 Transitional provision for Act No. 38 16
of 1995 17
Clause 48 Insertion of new pt 7, div 2 18
After section 58-- 19
insert-- 20
Page 29
Electrical Safety and Other Legislation Amendment Bill 2009
Part 13 Amendment of Parliamentary Service Rule 2000
[s 49]
`Division 2 Transitional provision for Electrical 1
Safety and Other Legislation 2
Amendment Act 2009 3
`59 Effect of rule amendment 4
`The amendment of the Parliamentary Service Rule 2000 by 5
the Electrical Safety and Other Legislation Amendment Act 6
2009 does not affect the power of the Speaker to further 7
amend the rule or to repeal it.'. 8
Part 13 Amendment of Parliamentary 9
Service Rule 2000 10
Clause 49 Rule amended 11
This part amends the Parliamentary Service Rule 2000. 12
Clause 50 Amendment of s 2 (Definitions) 13
Section 2, definition award, `industrial gazette'-- 14
omit, insert-- 15
`Queensland Government Industrial Gazette'. 16
Part 14 Amendment of Trading 17
(Allowable Hours) Act 1990 18
Clause 51 Act amended 19
This part amends the Trading (Allowable Hours) Act 1990. 20
Page 30
Electrical Safety and Other Legislation Amendment Bill 2009
Part 14 Amendment of Trading (Allowable Hours) Act 1990
[s 52]
Clause 52 Amendment of ss 23 and 31 1
Sections 23(3)(a) and 31, `in the Queensland Government 2
Industrial Gazette'-- 3
omit, insert-- 4
`on the QIRC website'. 5
Clause 53 Amendment of s 46 (Evidentiary provisions) 6
Section 46(g), `a copy of, or a document purporting to be an 7
extract from the Queensland Industrial Government 8
Gazette'-- 9
omit, insert-- 10
`a document, or a copy of a document, purporting to be an 11
extract from the QIRC website'. 12
Clause 54 Insertion of new pt 8, div 1, hdg 13
Part 8, before section 48-- 14
insert-- 15
`Division 1 Transitional provision for Act No. 23 16
of 1994'. 17
Clause 55 Insertion of new pt 8, div 2 18
After section 48-- 19
insert-- 20
`Division 2 Transitional provision for Electrical 21
Safety and Other Legislation 22
Amendment Act 2009 23
`49 Notifications published in industrial gazette 24
`(1) This section applies if, before the commencement, a 25
notification was published in the industrial gazette as required 26
Page 31
Electrical Safety and Other Legislation Amendment Bill 2009
Part 15 Amendment of Workers' Compensation and Rehabilitation Act 2003
[s 56]
or permitted by a provision of this Act (relevant provision) as 1
in force before the commencement. 2
`(2) Despite the amendment of the relevant provision by the 3
Electrical Safety and Other Legislation Amendment Act 2009, 4
after the commencement-- 5
(a) the notification continues to have been published for the 6
relevant provision; and 7
(b) section 46, as in force immediately before the 8
commencement, continues to apply to a copy of, or a 9
document purporting to be an extract from, the 10
industrial gazette. 11
`(3) In this section-- 12
commencement means the commencement of this section. 13
industrial gazette means the Queensland Government 14
Industrial Gazette.'. 15
Part 15 Amendment of Workers' 16
Compensation and 17
Rehabilitation Act 2003 18
Clause 56 Act amended 19
This part amends the Workers' Compensation and 20
Rehabilitation Act 2003. 21
Clause 57 Amendment of s 54 (Setting of premium) 22
Section 54(2) and (4), `industrial gazette notice'-- 23
omit, insert-- 24
`gazette notice'. 25
Page 32
Electrical Safety and Other Legislation Amendment Bill 2009
Part 15 Amendment of Workers' Compensation and Rehabilitation Act 2003
[s 58]
Clause 58 Amendment of s 81 (Annual levy payable) 1
Section 81(7), `industrial gazette'-- 2
omit, insert-- 3
`gazette'. 4
Clause 59 Amendment of ss 205, 217 and 218A 5
Sections 205(3), 217(3)(a) and 218A(3),`industrial gazette 6
notice'-- 7
omit, insert-- 8
`gazette notice'. 9
Clause 60 Amendment of ss 393, 397, 400, 406, 408, 460, 476 and 10
477 11
Sections 393(3), 397(5), 400(3), 406(5), 408(4), 460(7), 12
476(4)(a) and 477(5)(a), `industrial gazette'-- 13
omit, insert-- 14
`gazette'. 15
Clause 61 Amendment of s 479 (Amounts payable by Authority on 16
Minister's instruction) 17
Section 479(2), `industrial gazette notice'-- 18
omit, insert-- 19
`gazette notice'. 20
Clause 62 Amendment of ss 480-483 21
Sections 480(4)(a), 481(4)(a), 482(6)(a) and 483(6)(a), 22
`industrial gazette'-- 23
omit, insert-- 24
`gazette'. 25
Page 33
Electrical Safety and Other Legislation Amendment Bill 2009
Part 15 Amendment of Workers' Compensation and Rehabilitation Act 2003
[s 63]
Clause 63 Insertion of new ch 25 1
After section 659-- 2
insert-- 3
`Chapter 25 Transitional provisions for 4
Electrical Safety and Other 5
Legislation Amendment Act 6
2009 7
`660 Definition for ch 25 8
`In this chapter-- 9
amending Act means the Electrical Safety and Other 10
Legislation Amendment Act 2009. 11
`661 Matters published in industrial gazette 12
`(1) This section applies if, before the commencement, a matter 13
was published in the industrial gazette as required or 14
permitted by a provision of this Act (relevant provision) as in 15
force before the commencement. 16
`(2) The matter continues to have been published for the relevant 17
provision after the commencement despite the amendment of 18
that provision by the amending Act. 19
`(3) A reference to the publication of a matter under the relevant 20
provision in another Act is taken to include a reference to the 21
publication of the matter in the industrial gazette as continued 22
in effect under subsection (2). 23
`(4) In this section-- 24
commencement means the commencement of this section. 25
industrial gazette means the Queensland Government 26
Industrial Gazette. 27
Page 34
Electrical Safety and Other Legislation Amendment Bill 2009
Part 16 Amendment of Workers' Compensation and Rehabilitation Regulation 2003
[s 64]
`662 Amendment of regulation 1
`The amendment of the Workers' Compensation and 2
Rehabilitation Regulation 2003 by the amending Act does not 3
affect the power of the Governor in Council to further amend 4
the regulation or to repeal it.'. 5
Clause 64 Amendment of sch 6 (Dictionary) 6
Schedule 6, definition classification group employer, 7
paragraph (b), `industrial gazette notice'-- 8
omit, insert-- 9
`gazette notice'. 10
Part 16 Amendment of Workers' 11
Compensation and 12
Rehabilitation Regulation 2003 13
Clause 65 Regulation amended 14
This part amends the Workers' Compensation and 15
Rehabilitation Regulation 2003. 16
Clause 66 Amendment of ss 11, 20, 21 and 23 17
Sections 11(2)(a), 20(2), 21(2)(c) and 23(2), `industrial 18
gazette notice'-- 19
omit, insert-- 20
`gazette notice'. 21
Clause 67 Amendment of s 23A (Deemed levy for appeals--Act, 22
s 569(2)(a)) 23
Section 23A(2), `industrial gazette'-- 24
Page 35
Electrical Safety and Other Legislation Amendment Bill 2009
Part 17 Amendment of Workplace Health and Safety Act 1995
[s 68]
omit, insert-- 1
`gazette'. 2
Clause 68 Amendment of ss 24, 99A, 99C, 99D and 122 3
Sections 24(2), 99A(2), 99C(4), 99D(4) and 122(4), 4
`industrial gazette notice'-- 5
omit, insert-- 6
`gazette notice'. 7
Part 17 Amendment of Workplace 8
Health and Safety Act 1995 9
Clause 69 Act amended 10
This part amends the Workplace Health and Safety Act 1995. 11
Clause 70 Insertion of new pt 17, div 6 12
After section 195-- 13
insert-- 14
`Division 6 Transitional provision for Electrical 15
Safety and Other Legislation 16
Amendment Act 2009 17
`196 Effect of regulation amendment 18
`The amendment of the Workplace Health and Safety 19
Regulation 2008 by the Electrical Safety and Other 20
Legislation Amendment Act 2009 does not affect the power of 21
the Governor in Council to further amend the regulation or to 22
repeal it.'. 23
Page 36
Electrical Safety and Other Legislation Amendment Bill 2009
Part 18 Amendment of Workplace Health and Safety Regulation 2008
[s 71]
Part 18 Amendment of Workplace 1
Health and Safety Regulation 2
2008 3
Clause 71 Regulation amended 4
This part amends the Workplace Health and Safety Regulation 5
2008. 6
Clause 72 Amendment of s 352 (Amount of workplace health and 7
safety contribution) 8
Section 352(2), `industrial gazette notice'-- 9
omit, insert-- 10
`gazette notice'. 11
© State of Queensland 2009
Page 37
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