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OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 !!!The following amendments (No. 45, 2006 and No. 98, 2006 and No. 111, 2006) have not been incorporated. - List of Sections

Section

Compilation Information

Long Title

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Part 1—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Objects
4. Saving of certain State and Territory laws
5. Interpretation
6. Act not to prejudice national security
7. Act not to prejudice Australia's defence
8. Act not to prejudice certain police operations
9. Employees
10. Commonwealth to act through employing authority
11. Extent to which Act binds the Crown
12. Functions conferred on Commission
12A. Functions conferred on Comcare
13. Application of Act to external Territories etc.
14. Application of Act to workplaces controlled by contractors
15. Application of Act to employees working in non-Commonwealth premises
15A. Application of Criminal Code
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Part 2—Occupational health and safety

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Division 1—General duties relating to occupational health
and safety


16. Duties of employers in relation to their employees etc.
17. Duty of employers in relation to third parties
18. Duties of manufacturers in relation to plant and substances
19. Duties of suppliers in relation to plant and substances
20. Duties of person erecting or installing plant in a workplace
21. Duties of employees in relation to occupational health and safety
22. Reliance on information supplied or results of research
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Division 2—Specific duties relating to occupational health
and safety


23. Regulations relating to occupational health and safety
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Part 3—Workplace arrangements

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Division 1—Health and safety representatives


24. Designated work groups
25. Health and safety representatives
26. Term of office
27. Training of health and safety representatives
28. Powers of health and safety representatives
29. Provisional improvement notices
30. Duties of employers in relation to health and safety representatives
31. Resignation etc. of health and safety representative
32. Disqualification of health and safety representatives
33. Deputy health and safety representatives
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Division 2—Health and safety committees


34. Health and safety committees
35. Functions of health and safety committees
36. Duties of employers in relation to health and safety committees
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Division 3—Emergency procedures


37. Action by health and safety representatives
38. Directions to perform other work
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Part 4—Advice, investigations and inquiries

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Division 1—Advice


39. Commission may refer persons seeking advice to experts
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Division 2—Investigations


40. Appointment of investigators
41. Investigations
42. Power of entry
43. Power to require assistance and information
44. Power to take possession of plant, take samples of substances etc.
45. Power to direct in writing that workplace etc. not be disturbed
45A. Power to direct orally that workplace etc. not be disturbed
46. Power to issue prohibition notices
47. Power to issue improvement notices
48. Appeals
49. Liability of investigators
50. Notices not to be tampered with or removed
51. Arrangements with States for services of State officers
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Division 3—Inquiries and reports


52. Application
53. Report of investigation
54. Power to obtain information and documents
55. Commission may conduct public inquiry
56. Power to summon witnesses
57. Failure of witness to attend
58. Power to administer oath or affirmation
59. Failure to be sworn or to answer questions
60. Protection of members and witnesses
61. Contempt of Commission
62. Powers of Commission in relation to documents produced
63. Allowances to witnesses
64. Witness not to be prejudiced in employment
65. Report to be given to Minister in certain circumstances
66. Report to be given to Minister of failures to comply with directions etc.
67. Delegation by Commission
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Part 4A—Recovery of cost of administering Act

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Division 1—Charges for services


67A. Power of Commission to enter into arrangements
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Division 2—Contributions


67B. Estimates of contributions
67C. Amount of contribution
67D. Information to be given to Commission
67E. Review by Commission
67F. Review by Minister
67G. Confirmation of estimates
67H. Payment of contribution
67J. Penalty for late payment
67K. Recovery of contribution and penalty
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Part 5—Miscellaneous

68. Notification and reporting of accidents and dangerous occurrences
69. Records of accidents and dangerous occurrences to be kept
70. Codes of practice
71. Use of codes of practice in proceedings
72. Interference etc. with equipment etc.
73. Employer not to levy employees etc.
74. Certain matters to be included in annual reports
75. Annual report of Commission
75A. Annual report of Comcare
76. Employer not to dismiss etc. employees on certain grounds
77. Institution of proceedings
78. Conduct of directors, servants and agents
79. Act not to give rise to other liabilities etc.
80. Effect of breach of Act etc. on contracts of employment etc.
81. Circumstances preventing compliance with Act may be defence to prosecution
82. Regulations
OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Schedule 1—Government business enterprises

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Schedule 2—Civil proceedings and criminal prosecutions in respect of breaches of the Act

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991
Notes to the Occupational Health and Safety (Commonwealth Employment) Act 1991

Note 2

Note 3

Table A

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