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(a) inappropriate or improper conduct in an
official capacity; or
(b) inappropriate or improper conduct in a
private capacity that reflects seriously and
adversely on the office of commissioner.
(4) Section 215(4) to (7)—
renumber as section 215(3) to (6).
43 Replacement of s 216 (Vacancy in office)
Section 216—
omit, insert—
216 Vacancy in office
The office of the commissioner becomes vacant
if—
(a) the commissioner—
(i) completes a term of office and is not
reappointed; or
(ii) resigns by signed notice, giving at least
1 month’s notice, given to the Minister;
or
(iii) becomes a disqualified person; or
(iv) is removed from office under section
215(2); or
(b) the office otherwise becomes vacant under
the instrument of appointment or under the
terms and conditions mentioned in section
215(4).
44 Amendment of ch 9, pt 2, hdg (Savings and transitional
provisions)
Chapter 9, part 2, heading, after ‘provisions’—
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insert—
for Act No. 34 of 2022
45 Insertion of new ch 9, pt 3
Chapter 9—
insert—
Part 3 Transitional provisions
for Brisbane Olympic
and Paralympic Games
Arrangements and
Other Legislation
Amendment Act 2024
327 Definitions for part
In this part—
current commissioner means the commissioner
appointed before the commencement.
former, for a provision of this Act, means the
provision as in force immediately before the
commencement.
new, for a provision of this Act, means the
provision as in force from the commencement.
328 Remuneration and conditions of
commissioner
(1) New section 215 applies to a commissioner only
if the commissioner is appointed or reappointed
after the commencement.
(2) Former section 215 continues to apply to the
current commissioner in relation to the term stated
in the current commissioner’s original instrument
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of appointment.
(3) However, in relation to the current
commissioner—
(a) the appointment and written contract of
employment between the current
commissioner and the Minister may not be
terminated under former section 215(3); and
(b) the current commissioner may be removed
from office only under new section 215(2);
and
(c) new section 215(5) applies to the current
commissioner.
(4) If the current commissioner is removed from
office under new section 215(2), the appointment
and written contract of employment between the
current commissioner and the Minister is taken to
be terminated.
(5) Subsection (3) and (4) apply despite anything in
the appointment and written contract of
employment between the current commissioner
and the Minister, or in the terms and conditions
mentioned in former section 215(5).
(6) However, a term of the written contract of
employment between the current commissioner
and the Minister that enables the current
commissioner and the Minister to terminate the
contract by mutual agreement continues to apply
in relation to the current commissioner.
329 Vacancy in office of commissioner
(1) New section 216(a) applies to a commissioner
whether the commissioner is appointed before or
after the commencement.
(2) Also, the office of the commissioner held by the
current commissioner becomes vacant if the
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office becomes vacant under the written contract
of employment between the current
commissioner and the Minister or under the terms
and conditions mentioned in former section
215(5).
Division 5 Amendment of Work Health and
Safety Act 2011
46 Act amended
This division amends the Work Health and Safety Act 2011.
47 Amendment of s 85 (Health and safety representative
may direct that unsafe work cease)
(1) Section 85(1)—
omit, insert—
(1) A health and safety representative may, by giving
a written notice stating the matters mentioned in
section 85A (a cease work notice) to a worker,
direct the worker to cease work if—
(a) the worker is in a work group represented by
the health and safety representative; and
(b) the health and safety representative has a
reasonable concern that to carry out the
work would expose the worker to a serious
risk to the worker’s health or safety,
emanating from an immediate or imminent
exposure to a hazard.
(2) Section 85(2)(a), after ‘undertaking’—
insert—
for whom the worker is carrying out work
(3) Section 85—
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insert—
(2A) As soon as practicable after giving a cease work
notice under subsection (1), the health and safety
representative must—
(a) give the person conducting the business or
undertaking a copy of the cease work notice;
and
(b) display, in a prominent way in an area used
by the workers who are in the work group, a
copy of the cease work notice.
(4) Section 85(7) and (8)—
omit.
(5) Section 85(9)—
renumber as section 85(7).
48 Amendment of s 85A (Contents of cease work notice)
Section 85A(d)(i)—
omit, insert—
(i) if the direction is given under section
85(1)—the notice is given to the
worker; or
49 Amendment of s 118 (Rights that may be exercised while
at workplace)
Section 118, notes—
omit, insert—
Note—
The use or disclosure of personal information obtained
under this section is regulated under the Privacy Act
1988 of the Commonwealth.
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50 Replacement of s 119 (Notice of entry)
Section 119—
omit, insert—
119 Notice of entry
(1) Before entering a workplace under section 117, a
WHS entry permit holder must give notice of the
proposed entry and the suspected contravention of
this Act or the Electrical Safety Act 2002 to—
(a) the relevant person conducting a business or
undertaking; and
(b) the person with management or control of
the workplace.
(2) The notice must comply with a regulation made
for this section.
(3) The notice must be given during usual working
hours at that workplace at least 24 hours, but not
more than 14 days, before the entry.
(4) Subsection (5) applies if a WHS entry permit
holder reasonably believes that a relevant worker
is exposed to a serious risk to their health and
safety, emanating from an immediate or imminent
exposure to a hazard.
(5) Despite subsections (1) and (3), the WHS entry
permit holder may give the notice to the persons
mentioned in subsection (1) as soon as reasonably
practicable after entering the workplace.
(6) A notice given or purported to be given under this
section is not invalid only because of—
(a) a formal defect or irregularity in the notice;
or
(b) a failure to use the correct name of a person
or relevant union mentioned in the notice if
the notice sufficiently identifies the person
or union.
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51 Insertion of new pt 16, div 10
Part 16—
insert—
Division 10 Transitional provisions for
Brisbane Olympic and
Paralympic Games
Arrangements and Other
Legislation Amendment
Act 2024
362 Definitions for division
In this division—
amendment Act means the Brisbane Olympic and
Paralympic Games Arrangements and Other
Legislation Amendment Act 2024.
former, for a provision of this Act, means the
provision as in force immediately before the
commencement.
363 Existing directions to cease unsafe work given
under former s 85(1)
(1) This section applies if, before the
commencement, a health and safety
representative gave a direction under former
section 85(1).
(2) Former section 85 continues to apply in relation to
the direction as if the amendment Act, section 47
had not commenced.
364 Entry to workplace before commencement
(1) This section applies if—
Clause 1
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(a) a WHS entry permit holder entered a
workplace under section 117 before the
commencement; and
(b) immediately before the commencement, the
WHS permit holder had not given notice of
the entry and the suspected contravention
under former section 119.
(2) Former section 119 continues to apply in relation
to the entry as if the amendment Act, section 50
had not commenced.
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Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
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Schedule 1 Other amendments
section 27
Information Privacy and Other Legislation
Amendment Act 2023
1 Schedule 1, part 2, amendments of the Path to Treaty Act
2023—
omit.
Public Records Act 2023
1 Section 24(7), examples, second dot point—
omit.
2 Schedule 3—
insert—
Aboriginal law means the body of culturally
embedded principles and practices that governs a
community or group of Aboriginal peoples.
Aboriginal tradition—
(a) means the body of customs, traditions,
observances and beliefs of Aboriginal
peoples generally or of a particular
community or group of Aboriginal peoples;
and
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