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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Work Health and Safety (Prosecutions Under Repealed Act)
Amendment Bill 2015
A BILL FOR
An Act to amend the
Work
Health and Safety Act 2012
.
Contents
Part 2—Amendment of Work Health and
Safety Act 2012
3Amendment of Schedule 6—Transitional
provisions
25AProsecutions
under Occupational Health, Safety and Welfare Act 1986
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Work Health and Safety (Prosecutions Under
Repealed Act) Amendment Act 2015.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Work Health and Safety
Act 2012
3—Amendment
of Schedule 6—Transitional provisions
Schedule 6—after clause 25 insert:
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of the repealed Act in order to allow proceedings to be brought against a person
for an offence against the repealed Act in a case where proceedings previously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been withdrawn, discharged, dismissed or otherwise brought to an end because the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do so under section 58(7) of the repealed Act.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time limit for commencing proceedings under the repealed Act has passed;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subject of proceedings (or purported proceedings) under the repealed Act with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have been withdrawn, discharged, dismissed or otherwise brought to an end before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the repealed Act will be accepted in legal proceedings, in the absence of proof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.