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This is a Bill, not an Act. For current law, see the Acts databases.


OCCUPATIONAL HEALTH AND SAFETY AMENDMENT (AUTHORISED REPRESENTATIVES) BILL 2009





Occupational Health and Safety
Amendment (Authorised
Representatives) Bill 2009
No     , 2009


A Bill for

An Act to amend the Occupational Health and Safety Act 2000 in relation to
authorised representatives of industrial organisations who may exercise investigation
powers under that Act.
              Occupational Health and Safety Amendment (Authorised Representatives)
Clause 1      Bill 2009




The Legislature of New South Wales enacts:                                            1

 1    Name of Act                                                                     2

           This Act is the Occupational Health and Safety Amendment (Authorised       3
           Representatives) Act 2009.                                                 4

 2    Commencement                                                                    5

           This Act commences on the date of assent to this Act.                      6




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Occupational Health and Safety Amendment (Authorised Representatives)
Bill 2009

Amendment of Occupational Health and Safety Act 2000 No 40               Schedule 1




Schedule 1             Amendment of Occupational Health and                                1
                       Safety Act 2000 No 40                                               2

[1]   Section 76 Definition                                                                3

      Omit the definition of authorised representative. Insert instead:                    4
                  authorised representative of an industrial organisation of               5
                  employees, means a person who is an authorised industrial                6
                  officer within the meaning of Part 7 of Chapter 5 of the Industrial      7
                  Relations Act 1996 in respect of that industrial organisation of         8
                  employees.                                                               9

[2]   Schedule 3 Savings, transitional and other provisions                               10

      Insert at the end of clause 1 (1):                                                  11

                    Occupational Health and Safety Amendment (Authorised                  12
                    Representatives) Act 2009                                             13

[3]   Schedule 3, Part 6                                                                  14

      Insert after Part 5:                                                                15


      Part 6        Provision relating to Occupational Health                             16
                    and Safety Amendment (Authorised                                      17
                    Representatives) Act 2009                                             18

       23    Authorised representatives                                                   19

             (1)    In this clause:                                                       20
                    amending Act means the Occupational Health and Safety                 21
                    Amendment (Authorised Representatives) Act 2009.                      22
                    authorised representative has the same meaning as in Division 3       23
                    of Part 5 of this Act.                                                24

             (2)    Before the commencement of Schedule 1 [1] to the amending             25
                    Act, a person who for any period was an authorised industrial         26
                    officer within the meaning of Part 7 of Chapter 5 of the Industrial   27
                    Relations Act 1996 is taken, for the purposes of this or any other    28
                    Act or law, to have been an authorised representative during that     29
                    same period.                                                          30




                                                                              Page 3
               Occupational Health and Safety Amendment (Authorised Representatives)
               Bill 2009

Schedule 1         Amendment of Occupational Health and Safety Act 2000 No 40




             (3)      Any act or omission of a person referred to in subclause (2), that   1
                      would have been valid had Schedule 1 [1] to the amending Act         2
                      commenced before the act or omission, is validated.                  3

             (4)      Subclauses (2) and (3) do not affect any decision of a court made    4
                      before the commencement of this clause.                              5




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