Sch 2The regulator and local

Schedule 2 The regulator and local tripartite consultation arrangements and other local Division 2.1.1 Establishment, functions and powers 2.1 Establishment The Work Health and Safety Council is established. 2.2 Functions (1) The council has the following functions: (a) to advise the Minister on matters relating to— (i) work health and safety; or (ii) workers compensation; or (iii) bullying in the workplace and other workplace psychosocial issues; or (b) to inquire into and report to the Minister on matters referred to the council by the Minister in relation to— (i) work health and safety; or (ii) workers compensation; or (iii) bullying in the workplace and other workplace psychosocial issues; or Establishment, functions and powers Division 2.1.1 Section 2.2 (c) at the first council meeting that happens after the publication of the annual report required under section 2.41 (Annual report)— (i) review and consider the annual report; and (ii) advise the Minister and the WHS commissioner on any matters arising from the review and consideration; or (d) any other function prescribed by regulation. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, defs entity and function). (2) Without limiting subsection (1) (a), the matters on which the council may advise the Minister include the following matters: (a) the operation of this Act and the associated laws; (aa) the performance of the office of the work health and safety commissioner and the WHS commissioner; (b) the approval of codes of practice, and the variation of codes of practice, under section 274 (Approved codes of practice); (c) the provision of education and training in relation to work health and safety; (d) the promotion of work health and safety; (e) the operation of the Workers Compensation Act 1951; (f) the approval of a protocol or an amendment to a protocol under the Workers Compensation Act 1951; (g) the provision of education and training in relation to workers’ compensation; Section 2.3 (h) the operation of the Dangerous Substances Act 2004; (i) the operation of the Workplace Privacy Act 2011. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation 2.3 Membership (1) The council consists of— (a) 5 members appointed by the Minister after consultation with the people or bodies that the Minister considers represent the interests of employees; and (b) 5 other members appointed by the Minister after consultation with the people or bodies that the Minister considers represent the interests of employers; and (c) the WHS commissioner; and (d) the public sector workers compensation commissioner. (2) The Minister must not appoint more than 1 public servant as a member under subsection (1). public sector workers compensation commissioner means the PSWC commissioner under the Public Sector Workers Compensation Fund Act 2018. 2.3A Meaning of appointed member—div 2.1.2 appointed member, of the council, means a member of the council appointed by the Minister under section 2.3 (1) (a) or (b). Section 2.4 2.4 Terms of appointment (1) The appointed members of the council must be appointed as part-time members. (2) An appointed member of the council must be appointed for not longer than 4 years. (3) A person who has been an appointed member of the council for 8 consecutive years, not including any period during which the person was an acting member, is not eligible for reappointment. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). 2.5 Chair and deputy chair (1) The appointed members of the council must elect a chair of the council, and a deputy chair of the council. Note The appointed members must elect a chair and deputy chair of the council as soon as possible and as often as needed (see Legislation Act, s 151B). (2) The chair and the deputy chair must be elected for not longer than 2 years. (3) If the chair is elected from the members appointed under section 2.3 (1) (a)—the deputy chair must be elected from the members appointed under section 2.3 (1) (b). (4) If the chair is elected from the members appointed under section 2.3 (1) (b)—the deputy chair must be elected from the members appointed under section 2.3 (1) (a). 2.6 Leave (1) The Minister may grant leave to the chair or deputy chair on the conditions (if any) about remuneration or other matters that the Minister decides. Section 2.7 (2) The council may grant leave to a member (other than the chair or deputy chair) on the conditions (if any) about remuneration or other matters that the council decides. 2.7 Disclosure of interest (1) If a member of the council has a material interest in an issue being considered, or about to be considered, by the council, the member must disclose the nature of the interest at a council meeting as soon as practicable after the relevant facts come to the member’s knowledge. Note Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest. (2) A disclosure must be recorded in the council’s minutes and, unless the council otherwise decides, the member must not— (a) be present when the council considers the issue; or (b) take part in a decision of the council on the issue. (3) Any other council member who also has a material interest in the issue must not be present when the council is considering its decision under subsection (2). associate, of a person, means— (a) the person’s business partner; or (b) a close friend of the person; or (c) a family member of the person. executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation. Section 2.8 indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue: (a) an associate of the person; (b) a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation; (c) a subsidiary of a corporation mentioned in paragraph (b); (d) a corporation if the person, or an associate of the person, is an executive officer of the corporation; (e) the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust; (f) a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership; (g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business. material interest—a council member has a material interest in an issue if the member has— (a) a direct or indirect financial interest in the issue; or (b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the council’s consideration of the issue. 2.8 Reporting of disclosed council interests to Minister (1) Within 3 months after the day a material interest is disclosed under section 2.7 the chair must report to the Minister in writing about— (a) the disclosure; and (b) the nature of the interest disclosed; and Section 2.9 (c) any decision by the council under section 2.7. (2) The chair must also give the Minister, not later than 31 days after the end of each financial year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year. (3) The Minister must give a copy of the statement to the relevant Assembly committee within 31 days after the day the Minister receives the statement. relevant Assembly committee means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for subsection (3). 2.9 Ending appointment of council member (2) The Minister must end the appointment of an appointed member of the council if— (a) the member has become bankrupt or personally insolvent; or (d) the Minister becomes aware that the member has failed to comply with section 2.7 (Disclosure of interest) without reasonable excuse; or (e) the Minister becomes aware that the member has at any time been convicted, in Australia, of an offence punishable by imprisonment for 1 year or longer; or (f) the Minister becomes aware that the member has at any time been convicted, outside Australia, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer. Section 2.10 (3) The Minister may end the appointment of an appointed member of the council— (a) if the member is absent from 3 consecutive meetings of the council, otherwise than on leave approved under section 2.6; or (b) if the member contravenes a territory law; or (c) for misbehaviour; or (d) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210). (4) However, before ending the appointment of the member under subsection (2) (e) or (f) or (3) (b) the Minister must be satisfied that the conviction or contravention affects the person’s suitability as a member of the council. 2.10 Calling meetings (1) The chair— (a) may call the meetings of the council that the chair considers necessary for the efficient exercise of its functions; and (b) must, on receiving a written request signed by not less than 4 other members of the council, call a meeting of the council. (2) If the chair proposes to call a meeting of the council, the chair must, not later than 5 days before the date of the proposed meeting, give each member of the council a written notice stating— (a) the date, time and place of the meeting; and (b) the matters to be considered at the meeting. (3) The Minister may call a meeting of the council by written notice given to each of the members. Section 2.11 2.11 Presiding member at council meetings (1) The chair presides at all meetings of the council at which the chair is present. (2) If the chair is absent, the deputy chair presides. (3) If the chair and the deputy chair are absent, the member chosen by the members present presides. 2.12 Quorum at council meetings Business may be carried on at a meeting of the council only if the meeting is constituted by 7 members including— (a) 3 members appointed under section 2.3 (1) (a), at least 2 of whom are not acting members; and (b) 3 members appointed under section 2.3 (1) (b), at least 2 of whom are not acting members. 2.13 Voting at council meetings (1) At a meeting of the council each appointed member has a vote on each question to be decided. (2) A question is decided by a majority of the votes of the appointed members present and voting. 2.14 Conduct of council meetings etc (1) The council may conduct its proceedings (including its meetings) as it considers appropriate. (2) A meeting may be held using a method of communication, or a combination of methods of communication, that allows a council member taking part to hear what each other member taking part says without the members being in each other’s presence. Examples a phone link, a satellite link Advisory committees Division 2.1.3 Section 2.15 (3) A council member who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting. (4) A resolution is a valid resolution of the council, even if it is not passed at a meeting of the council, if all members agree to the proposed resolution in writing or by electronic communication. Example—electronic communication email (5) The council must keep minutes of its meetings. 2.15 Protection of council members from liability (1) A council member is not civilly liable for anything done or omitted to be done honestly and without recklessness— (a) in the exercise of a function under a territory law; or (b) in the reasonable belief that the act or omission was in the exercise of a function under a territory law. (2) Any liability that would, apart from this section, attach to a council member attaches instead to the Territory. Division 2.1.3 Advisory committees 2.16 Establishment (1) The council may establish the advisory committees that it considers necessary to assist in the exercise of its functions. (2) The council must, if asked to do so by the Minister, constitute an advisory committee to assist it in the exercise of its functions in relation to any matter stated by the Minister about work health and safety. (3) Subject to any direction by the council, an advisory committee may decide how it is to exercise its functions. Division 2.2.1 Preliminary Section 2.17 Part 2.2 Office of the Work Health and Safety Commissioner Division 2.2.1 Preliminary 2.17 Definitions—pt 2.2 compliance and enforcement policy—see section 2.37. statement of expectations—see section 2.39. statement of operational intent—see section 2.40. strategic plan—see section 2.38. Division 2.2.2 Establishment and functions of office 2.18 Establishment of office The Office of the Work Health and Safety Commissioner is established. 2.19 Constitution of office The office consists of— (a) the WHS commissioner; and (b) the staff of the office. 2.20 Functions of office The functions of the office include— (a) to promote an understanding and acceptance of, and compliance with, this Act or another territory law relating to work health and safety; and Section 2.21 (b) to undertake research, and develop educational and other programs for the purpose of promoting work health and safety; and (c) to advise the Minister on any matter relevant to the operation of a territory law under which the commissioner performs a function; and (d) any other function given to the office under this Act or another territory law under which the office performs a function. Note 1 The commissioner is the regulator under this Act (see dict, def regulator). Note 2 Function includes authority, duty or power (see Legislation Act, dict, pt 1). Note 3 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). 2.21 Appointment of WHS commissioner (1) The Executive must appoint a person as the Work Health and Safety Commissioner (the WHS commissioner). (2) The Executive must not appoint a person as WHS commissioner unless satisfied that— (a) the Minister consulted with the chair and deputy chair of the council in relation to the selection process for the commissioner; and (b) the appointment follows an open and accountable selection process; and (c) the person has the experience or expertise necessary to exercise the commissioner’s functions. Section 2.22 (3) The WHS commissioner must not be appointed for longer than 5 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). (4) The WHS commissioner’s conditions of employment are the conditions agreed between the commissioner and the Executive that are stated in the instrument of appointment, subject to any determination under the Remuneration Tribunal Act 1995. (5) The appointment is a notifiable instrument. 2.22 Functions of WHS commissioner In addition to the functions of the regulator under section 152, the functions of the WHS commissioner are— (a) exercising the functions of the office of the work health and safety commissioner; and Note The WHS commissioner is the regulator under this Act (see dict, def regulator). (b) managing the administration of the office; and (c) the efficient and effective financial management of the office’s resources; and (d) making the following for the office: (i) a compliance and enforcement policy; (ii) a strategic plan; (iii) a draft statement of operational intent; and (e) ensuring, as far as practicable, that the functions of the office are exercised— (i) in an orderly and prompt way; and Section 2.23 (ii) in a way that takes into account, and complies with, the compliance and enforcement policy, the strategic plan and the statement of operational intent; and (f) any other function given to the WHS commissioner under this Act or another territory law under which the WHS commissioner performs a function. Note The WHS commissioner has functions under other territory laws including the Dangerous Substances Act 2004, the Dangerous Substances (Explosives) Regulation 2004, the Dangerous Substances (General) Regulation 2004 and the Machinery Act 1949. 2.23 Independence of WHS commissioner and Ministerial directions (1) Subject to subsection (2), the WHS commissioner is not subject to the direction of anyone else, and must act independently, in relation to the exercise of a function under this Act or another territory law under which the WHS commissioner performs a function. (2) However, the Minister may, in writing, give directions to the WHS commissioner in relation to the exercise of the (3) A direction given under subsection (2) must be of a general nature and not direct the WHS commissioner in relation to a particular investigation or particular regulatory action. (4) The Minister must present a copy of any direction under subsection (2) to the Legislative Assembly within 5 sitting days after the day it is given to the commissioner. 2.24 Duty of good conduct (1) In exercising functions in relation to the office of the work health and safety commissioner, the WHS commissioner must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation. Section 2.25 (2) The WHS commissioner also has a duty to the office— (a) to act in good faith; and (b) not to pursue personal interests at the expense of the office’s interests; and (c) not to use the office to gain personal advantage; and (d) not to cause detriment to the office or undermine the reputation of the office. 2.25 Disclosure of interests (1) The WHS commissioner must give the Executive a written statement of the WHS commissioner’s personal and financial interests within 7 days after— (a) the day the WHS commissioner is appointed; and (b) the first day of each financial year; and (c) the day there is a change in the interest. (2) If the WHS commissioner has a personal or financial interest that conflicts or may conflict, or may be perceived to conflict, with the WHS commissioner’s functions, the WHS commissioner must disclose to the Executive, in writing, the nature of the interest and the conflict or potential conflict. Note The WHS commissioner must disclose a conflict of interest as soon as possible and as often as needed (see Legislation Act, s 151B). 2.26 Outside employment The WHS commissioner must not, without the Minister’s approval, engage in paid employment outside the functions of the office. Section 2.27 2.27 Ending appointment—generally (1) The Executive may end a person’s appointment as the WHS commissioner— (a) for misbehaviour; or (b) if the person becomes bankrupt or personally insolvent; or Note Bankrupt or personally insolvent—see the Legislation Act, dict, pt 1. (c) if the person fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the WHS commissioner’s functions; or (d) if the person is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or (e) if the person is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or (f) under section 2.28; or (g) if the person is absent, other than on leave approved under section 2.29, for 14 consecutive days or for 28 days in any 12-month period. (2) The Executive must end the WHS commissioner’s appointment for physical or mental incapacity, if the incapacity substantially affects the exercise of the WHS commissioner’s functions. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210). 2.28 Ending appointment—council no-confidence resolution (1) This section applies if the council passes a resolution of no-confidence in the WHS commissioner by a majority of at least 2/3 of the appointed members. Section 2.29 (2) The Executive must give the WHS commissioner written notice of the resolution stating— (a) the grounds for the resolution; and (b) that the WHS commissioner may, within 14 days after the date of the notice (the show cause period), give a written submission to the Executive showing cause why the WHS commissioner’s appointment should not be ended. (3) The Executive must, within 21 days after the end of the show cause period— (a) consider any submissions received under subsection (2) (b); and (b) decide whether to end the WHS commissioner’s appointment. 2.29 Leave of absence The Minister may approve leave of absence for the WHS commissioner on the terms the Minister decides. 2.30 Meaning of staff of the office—pt 2.2 staff of the office means— (a) the deputy WHS commissioner appointed under section 2.31; and (b) the staff employed under section 2.32; and (c) consultants and contractors engaged under section 2.33. Office—staff Division 2.2.4 Section 2.31 2.31 Appointment of deputy WHS commissioner (1) The WHS commissioner must appoint a public servant to be the deputy WHS commissioner. (2) However, the WHS commissioner must not appoint a person as the deputy WHS commissioner unless satisfied that the person has the experience or expertise necessary to exercise the (3) If the appointment of the WHS commissioner has ended, or the commissioner is absent or cannot for any reason exercise the commissioner’s functions, the deputy WHS commissioner must act as the WHS commissioner. (4) However, the deputy WHS commissioner must not act as the WHS commissioner for a continuous period of more than 6 months. 2.32 Employment of staff (1) The WHS commissioner may employ staff on behalf of the Territory. (2) The staff must be employed under the Public Sector Management Act 1994. Note The Public Sector Management Act 1994, div 8.2 applies to the WHS commissioner in relation to the employment of staff (see Public Sector Management Act 1994, s 152). 2.33 Engagement of consultants and contractors (1) The WHS commissioner may engage the consultants and contractors that may be necessary or convenient to exercise the (2) The conditions of a consultant’s or contractor’s engagement are the conditions agreed between the WHS commissioner and the consultant or contractor. Section 2.34 (3) However, this section does not give the WHS commissioner the power to enter into a contract of employment with a consultant or contractor. 2.34 Independence of staff of the office A member of the staff of the office is, in relation to the exercise of a function under this Act or another territory law under which the office performs a function, not subject to the direction of anyone except— (a) the WHS commissioner; or (b) another member of staff of the office who is authorised by the WHS commissioner to give directions. 2.35 Delegation of functions The WHS commissioner may delegate the commissioner’s functions under this Act or another territory law under which the commissioner performs a function to a member of the staff of the office. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. 2.36 Other arrangements for staff and facilities The WHS commissioner may arrange with the head of service to use the services of a public servant or Territory facilities. Note The head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18). Section 2.37 Division 2.2.5 Office—policy and reporting framework 2.37 Compliance and enforcement policy (1) The WHS commissioner must, for every period of 4 years, make a policy (a compliance and enforcement policy) that includes the following: (a) the aims of compliance and enforcement activity for the office; (b) the key principles underpinning compliance and enforcement activity to be carried out by the office; (c) the approach the office must take in relation to monitoring and compliance; (d) the compliance and enforcement tools to be used by the office; (e) guidance material about enforcement, investigation and prosecution recommendation criteria to be applied by the office; (f) any other matter relating to the compliance and enforcement functions of the office, prescribed by regulation. (2) In developing the compliance and enforcement policy, the WHS commissioner must— (a) consult the Minister and the council; and (b) consider any representation or advice given under paragraph (a). (3) The compliance and enforcement policy is a notifiable instrument. (4) The WHS commissioner must give the compliance and enforcement policy to the Minister within 10 working days after notifying the policy. Division 2.2.5 Office—policy and reporting framework Section 2.38 (5) The Minister must present the compliance and enforcement policy to the Legislative Assembly within 6 sitting days after receiving the policy. (6) The WHS commissioner must review the policy at least once in the 4 years during which the policy is in effect. 2.38 Strategic plan (1) The WHS commissioner must, for every period of 4 financial years, make a plan (a strategic plan) that includes the following: (a) the purpose and objectives of the office; (b) the outcomes to be achieved by the office; (c) strategies to be used by the office to achieve the matters mentioned in paragraphs (a) and (b); (d) the strategic enforcement priorities for the office; (e) a description of the operating environment of the office; (f) the performance criteria for the office; (g) strategies to improve the capability of the office; (h) procedures for the oversight and management of risk within the office; (i) any other matter related to strategic planning for the office prescribed by regulation. (2) In developing the strategic plan the WHS commissioner must— (a) consult the Minister and the council; and (b) consider any representation or advice given under paragraph (a). (3) The strategic plan is a notifiable instrument. Section 2.39 (4) The WHS commissioner must give the strategic plan to the Minister within 10 working days after notifying the plan. (5) The Minister must present the strategic plan to the Legislative Assembly within 6 sitting days after receiving the plan. 2.39 Ministerial statement of expectations (1) The Minister must, at least once every 12 months— (a) make a statement setting out the priority activities and initiatives for the office (a statement of expectations); and (b) give the statement of expectations to the WHS commissioner. (2) Before making a statement of expectations, the Minister must consult the council about the priority activities and initiatives for the office in the next 12 months. (3) The statement of expectations— (a) must not include specific direction about the exercise of a regulatory function under the Act; but (b) may include— (i) general directions about the priority activities and initiatives for the office; and (ii) any information the Minister believes will assist the office to implement the statement of expectations. (4) A statement of expectations is a notifiable instrument. Division 2.2.5 Office—policy and reporting framework Section 2.40 2.40 Statement of operational intent (1) Within 60 days after the day the Minister gives the statement of expectations to the WHS commissioner, the commissioner must give the Minister a draft statement setting out how the office will give effect to the statement of expectations (a statement of operational intent). (2) The Minister must, within 60 days after the day the Minister receives a draft statement of operational intent— (a) approve the draft statement; or (b) reject the draft statement; or (c) approve the draft statement with conditions. (3) An approved statement of operational intent is a notifiable instrument. 2.41 Annual report (1) The WHS commissioner must prepare an annual report about the operation of the office under the Annual Reports (Government Agencies) Act 2004. (2) The report must include— (a) a statement from the chair of the council about the following: (i) the performance of the office during the reporting year; (ii) the effectiveness of compliance and enforcement activities undertaken by the office during the reporting year taking into account the compliance and enforcement policy; (iii) the implementation by the office of the strategic plan during the reporting year; and Section 2.41 (b) any statement of expectations and statement of operational intent in effect during the reporting year; and (c) information about the extent to which any statement of operational intent in effect during the reporting year was met during the reporting year; and (d) if the statement of operational intent was not met in whole or in part during the reporting year—reasons why the statement of operational intent was not met; and (e) any other matter prescribed by regulation. (see s 276 (2)) 1 Duties 1.1 Matters relating to the way in which duties imposed by this Act are to be performed. 1.2 Matters relating to the regulation or prohibition of specified activities or a specified class of activities— (a) at workplaces or a specified class of workplaces; or (b) by a specified class of persons on whom duties or obligations are imposed by this Act, to eliminate or minimise risks to health and safety. 1.3 Imposing duties on persons in relation to any matter provided for by 2 Incidents Matters relating to incidents at workplaces including— (a) regulating or requiring the taking of any action to avoid an incident at a workplace or in the course of conducting a business or undertaking; and (b) regulating, requiring or prohibiting the taking of any action in the event of an incident at a workplace or in the conduct of a Regulation-making powers Schedule 3 3 Plant, substances or structures Matters relating to plant, substances or structures including— (a) regulating the storage and handling of plant, substances and structures; and (b) regulating or requiring— (i) the examination, testing, labelling, maintenance or repair of plant and structures; or (ii) the examination, testing, analysis or labelling of a substance. 4 Protection and welfare of workers Matters relating to the protection and welfare of workers including— (a) regulating or requiring the provision and use of protective clothing or equipment, or rescue equipment, in specified circumstances; and (b) regulating or requiring the provision of specified facilities for the welfare of workers at the workplace; and (c) health and safety in relation to accommodation provided to workers. 5 Hazards and risks Matters relating to hazards and risks including— (a) the prescribing of standards relating to the use of or exposure to any physical, biological, chemical or psychological hazard; and (b) matters relating to safety cases, safety management plans and safety management systems (however described); and (c) matters relating to measures to control risks. 6 Records and notices 6.1 The keeping and availability of records of health and safety representatives and deputy health and safety representatives. 6.2 The keeping of records in relation to incidents. 6.3 The keeping of records of specified activities, matters or things to be kept by specified persons. 6.4 The giving of notice of or information about specified activities, matters or things to the regulator, an inspector or other specified 7 Authorisations 7.1 Matters relating to authorisations (including licences, registrations and permits) and qualifications, and experience for the purposes of part 4 (Authorisations) or a regulation including providing for— (a) applications for the grant, issue, renewal, variation, suspension and cancellation of authorisations, including the minimum age to be eligible for an authorisation; and (b) the evidence and information to be provided in relation to applications; and (c) exemptions; and (d) variations of authorisations by the regulator whether on application or otherwise; and (e) authorisation of persons as trainers and assessors; and (f) examination of applicants for authorisations; and (g) conditions of authorisations. 7.2 The recognition of authorisations under corresponding WHS laws and exceptions to recognition. Regulation-making powers Schedule 3 7.3 The sharing of information with corresponding regulators relating to the grant, issue, renewal, variation, suspension or cancellation of authorisations. 8 Work groups Matters relating to work groups and variation of work groups and agreements or variations of agreements relating to the determination of work groups. 9 Health and safety committees and health and safety Matters relating to health and safety committees and health and safety representatives. 10 Issue resolution Matters relating to issue resolution including— (a) the minimum requirements for an agreed procedure for resolving an issue; and (b) the requirements for a default issue resolution procedure where there is no agreed procedure. 11 WHS entry permits Matters relating to WHS entry permits, including providing for— (a) eligibility for WHS entry permits; and (b) procedures for applications for WHS entry permits and objections to applications for WHS entry permits; and (c) conditions of WHS entry permits; and (d) the form of WHS entry permits; and (e) requirements for training; and (f) records of WHS entry permits. 12 Identity cards Matters relating to identity cards. 13 Forfeiture Matters relating to— (a) costs of forfeiture and disposal of forfeited things; and (b) disposal of seized things and forfeited things. 14 Review of decisions Matters relating to the review of decisions under a regulation including— (a) prescribing decisions as reviewable decisions for the purposes of part 12 (Review of decisions) or for the purposes of the regulation; and (b) prescribing procedures for internal and external review of decisions under the regulation; and (c) conferring jurisdiction on the ACAT to conduct reviews under the regulation. Section 4.1 4.1 Monetary penalties—categories 1 to 3 category 1 monetary penalty means the following amounts as in table 4.1, item 1, column 3; or mentioned in table 4.1, item 1, column 4,; or mentioned in table 4.1, item 1, column 5. category 2 monetary penalty means the following amounts as in table 4.1, item 2, column 3; or mentioned in table 4.1, item 2, column 4; or mentioned in table 4.1, item 2, column 5. Section 4.1A category 3 monetary penalty means the following amounts as in table 4.1, item 3, column 3; or mentioned in table 4.1, item 3, column 4; or mentioned in table 4.1, item 3, column 5. Table 4.1 Monetary penalties—categories 1 to 3 item penalty category penalty— conducting business or undertaking etc penalty—other column 5 penalty— 1 category 1 $2 085 000 $1 042 000 $10 425 000 2 category 2 $418 000 $209 000 $2 090 000 3 category 3 $140 000 $70 000 $700 000 4.1A Monetary penalties—industrial manslaughter industrial manslaughter monetary penalty means $18 000 000. Section 4.2 4.2 Monetary penalties—tiers A to I tier A monetary penalty means the following amounts as indexed mentioned in table 4.2, item 1, column 3; or mentioned in table 4.2, item 1, column 4. tier B monetary penalty means the following amounts as indexed mentioned in table 4.2, item 2, column 3; or mentioned in table 4.2, item 2, column 4. tier C monetary penalty means the following amounts as indexed mentioned in table 4.2, item 3, column 3; or mentioned in table 4.2, item 3, column 4. tier D monetary penalty means the following amounts as indexed mentioned in table 4.2, item 4, column 3; or mentioned in table 4.2, item 4, column 4. Section 4.2 tier E monetary penalty means the following amounts as indexed mentioned in table 4.2, item 5, column 3; or mentioned in table 4.2, item 5, column 4. tier F monetary penalty means the following amounts as indexed mentioned in table 4.2, item 6, column 3; or mentioned in table 4.2, item 6, column 4. tier G monetary penalty means the following amounts as indexed mentioned in table 4.2, item 7, column 3; or mentioned in table 4.2, item 7, column 4. tier H monetary penalty means the following amounts as indexed mentioned in table 4.2, item 8, column 3; or mentioned in table 4.2, item 8, column 4. Section 4.3 tier I monetary penalty means the following amounts as indexed mentioned in table 4.2, item 9, column 3; or mentioned in table 4.2, item 9, column 4. Table 4.2 Monetary penalties—tiers A to I item monetary penalty tier 1 tier A $139 000 $695 000 2 tier B $70 000 $350 000 3 tier C $28 000 $140 000 4 tier D $14 000 $70 000 5 tier E $8 400 $42 000 6 tier F $7 000 $35 000 7 tier G $5 000 $25 000 8 tier H $2 800 $14 000 9 tier I $1 700 $8 500 4.3 Monetary penalties—WHS civil penalty tiers 1 to 4 WHS civil penalty provision tier 1 means the following amounts as mentioned in table 4.3, item 1, column 3; or mentioned in table 4.3, item 1, column 4. Section 4.3 WHS civil penalty provision tier 2 means the following amounts as mentioned in table 4.3, item 2, column 3; or mentioned in table 4.3, item 2, column 4. WHS civil penalty provision tier 3 means the following amounts as mentioned in table 4.3, item 3, column 3; or mentioned in table 4.3, item 3, column 4. WHS civil penalty provision tier 4 means the following amounts as mentioned in table 4.3, item 4, column 3; or mentioned in table 4.3, item 4, column 4. Table 4.3 WHS civil penalty provision—tiers 1 to 4 item monetary penalty tier 1 tier 1 $28 000 $140 000 2 tier 2 $14 000 $70 000 3 tier 3 $7 000 $35 000 4 tier 4 $2 800 $14 000 Section 4.4 4.4 Indexation of penalty amounts (1) The amount of each monetary penalty set out in sections 4.1, 4.2 and 4.3 must be indexed for the year starting on 1 July 2024, and for each subsequent year, in accordance with this section. (2) The amount of a monetary penalty applying in a year is worked out as follows: A × B C A means the amount of a monetary penalty set out in sections 4.1 to 4.3. B means the CPI number for the March quarter in the year immediately preceding the year for which the amount is worked out. C means the CPI number for the March quarter of 2022. (3) If the amount of a monetary penalty worked out for a year is less than the amount that applied in the previous year, then the amount for the previous year continues to apply. CPI number means the All Groups Consumer Price Index number, that is, the weighted average of the 8 Australian capital cities, published by the Australian statistician. year means 12 months starting on 1 July. 4.5 Rounding of maximum penalty amounts If, after indexation under section 4.4, the amount of a monetary penalty is— (a) less than $10 000 and not a multiple of $100— (i) the amount must be rounded to the nearest $100; and (ii) an amount of $50 is rounded down; or Section 4.6 (b) more than $10 000 and not a multiple of $1 000— (i) the amount must be rounded to the nearest $1 000; and (ii) an amount of $500 is rounded down. 4.6 Notification of adjusted maximum penalty amounts (1) As soon as practicable after publication by the Australian statistician of the CPI number for the March quarter each year, the regulator must give notice of the amount of each monetary penalty worked out under this schedule. (2) A notice is a notifiable instrument. (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • Act • corporation • Corporations Act • doctor • emergency service • enrolled nurse • found guilty (of an offence) • function • home address • medical practitioner • nurse • police officer • the Territory • working day. appointed member, of the council, for schedule 2, division 2.1.2 (Constitution and meetings)—see section 2.3A. approved code of practice means a code of practice approved under division 14.2 (Codes of practice). asbestos, for division 10.2A (Prohibited asbestos notices)—see section 197A. asbestos containing material (ACM), for division 10.2A (Prohibited asbestos notices)—see section 197A. authorised, for part 4 (Authorisations)—see section 40. authorised person, for a body corporate, for division 13.4 (Offences by bodies corporate)—see section 244. board of directors, for a body corporate, for division 13.4 (Offences by bodies corporate)—see section 244. category 1 monetary penalty—see schedule 4, section 4.1. category 2 monetary penalty—see schedule 4, section 4.1. category 3 monetary penalty—see schedule 4, section 4.1. category 1 offence—see section 31. category 2 offence—see section 32. category 3 offence—see section 33. cease work under this division, for division 5.6 (Right to cease or direct cessation of unsafe work)—see section 83. commissioner—see work health and safety commissioner. compliance and enforcement policy, for schedule 2, part 2.2 (Office of the Work Health and Safety Commissioner)—see section 2.37. compliance powers means the functions and powers conferred on an inspector under this Act. condition includes limitation and restriction. construct includes assemble, erect, reconstruct, reassemble and re-erect. corresponding regulator means the holder of a public office, or a public authority, of the Commonwealth, or of a State, who or which is responsible for administering a corresponding WHS law. corresponding WHS law means a law prescribed by regulation as a council means the Work Health and Safety Council established under schedule 2, section 2.1. dangerous incident, for part 3 (Incident notification)— see section 37. demolition includes deconstruction. design, in relation to plant, a substance or a structure includes— (a) design of part of the plant, substance or structure; and (b) redesign or modify a design. disclose, in relation to information, includes divulge or communicate to any person or publish. discriminatory conduct, for part 6 (Discriminatory, coercive and misleading conduct)—see section 105. document includes record. eligible person, for part 12 (Review of decisions)—see section 223. eligible union, for a major construction project, for division 5.3 (Health and safety representatives)—see section 49C. employee record, in relation to an employee—see the Privacy Act 1988 (Cwlth), section 6 (1). employer organisation means an organisation of employers. engage in conduct means doing an act or omitting to do an act. external review—see section 229. Fair Work Act means the Fair Work Act 2009 (Cwlth). fault element—see the Criminal Code, section 17. handling includes transport. health means physical and psychological health. health and safety committee, for a business or undertaking—see division 5.4 (Health and safety committees). health and safety duty, for division 2.5 (Offences and penalties)— see section 30. health and safety representative, in relation to a worker, means the health and safety representative elected under part 5 (Consultation, representation and participation) for the work group of which the worker is a member. import means to bring into the ACT from outside Australia. industrial manslaughter monetary penalty—see schedule 4, section 4.1A. industrial manslaughter offence means an offence against section 34A (Industrial manslaughter). infringement notice—see the Magistrates Court Act 1930, dictionary. infringement notice offence—see the Magistrates Court Act 1930, dictionary. inspector means an inspector appointed under part 9 (Securing compliance). internal review—see section 224. internal reviewer means— (b) a person appointed by the regulator under section 225. major construction project, for part 5 (Consultation, representation and participation)—see section 49A. notice— (a) for division 10.4 (General requirements applying to notices)— see section 202; or (b) for division 10.6 (Injunctions)—see section 214. notifiable incident—see section 35. offender, for division 13.2 (Sentencing for offences)—see section 234. office—see office of the work health and safety commissioner. office of the work health and safety commissioner, for schedule 2 (The regulator and local tripartite consultation arrangements and other local arrangements)—means the Office of the Work Health and Safety Commissioner established under section 2.18. officer means— (a) an officer within the meaning of the Corporations Act, section 9, other than a partner in a partnership; or (b) an officer of the Territory within the meaning of section 247; or (c) an officer of a public authority within the meaning of section 252. official of a union, for part 7 (Workplace entry by WHS entry parties, in relation to an issue, for division 5.5 (Issue resolution)— see section 80. personal information—see the Privacy Act 1988 (Cwlth), section 6 (1). person conducting a business or undertaking—see section 5. physical element—see the Criminal Code, section 14. plant includes— (a) any machinery, equipment, appliance, container, implement and tool; and (b) any component of any of the things referred to in paragraph (a); and (c) anything fitted or connected to any of the things referred to in paragraph (a). principal contractor, for a major construction project, for part 5 (Consultation, representation and participation)—see section 49B. prohibited asbestos, for division 10.2A (Prohibited asbestos notices)—see section 197A. prohibited reason, for part 6 (Discriminatory, coercive and misleading conduct)—see section 106. prohibition notice—see section 195. public authority means a territory authority. reasonably practicable, in relation to a duty to ensure health and safety—see section 18. regulator means the WHS Commissioner. relevant person, in relation to a workplace, for division 10.2A (Prohibited asbestos notices)—see section 197A. relevant person conducting a business or undertaking, for part 7 (Workplace entry by WHS entry permit-holders)—see section 116. relevant union, for part 7 (Workplace entry by WHS entry relevant worker, for part 7 (Workplace entry by WHS entry representative, in relation to a worker, means— (a) the health and safety representative for the worker; or (b) a union representing the worker; or (c) any other person the worker authorises to represent him or her. reviewable decisions, for part 12 (Review of decisions)—see section 223. serious injury or illness, for part 3 (Incident notification)— see section 36. sexual assault incident, for part 3 (Incident notification)—see section 37A. staff of the office, for schedule 2, part 2.2 (Office of the Work Health and Safety Commissioner)—see section 2.30. State includes Territory. statement of expectations, for schedule 2, part 2.2 (Office of the Work Health and Safety Commissioner)—see section 2.39. statement of operational intent, for schedule 2, part 2.2 (Office of the Work Health and Safety Commissioner)—see section 2.40. State or Territory industrial law—see the Fair Work Act, section 26 (2). strategic plan, for schedule 2, part 2.2 (Office of the Work Health and Safety Commissioner)—see section 2.38. structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes— (a) buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and (b) any component of a structure; and (c) part of a structure. substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour. supply, of a thing—see section 6. tier A monetary penalty—see schedule 4, section 4.2. tier B monetary penalty—see schedule 4, section 4.2. tier C monetary penalty—see schedule 4, section 4.2. tier D monetary penalty—see schedule 4, section 4.2. tier E monetary penalty—see schedule 4, section 4.2. tier F monetary penalty—see schedule 4, section 4.2. tier G monetary penalty—see schedule 4, section 4.2. tier H monetary penalty—see schedule 4, section 4.2. tier I monetary penalty—see schedule 4, section 4.2. union means— (a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 (Cwlth); or (b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law. volunteer means a person who is acting on a voluntary basis (whether or not the person receives out-of-pocket expenses). WHS civil penalty provision—see section 254. WHS civil penalty provision tier 1—see schedule 4, section 4.3. WHS civil penalty provision tier 2—see schedule 4, section 4.3. WHS civil penalty provision tier 3—see schedule 4, section 4.3. WHS civil penalty provision tier 4—see schedule 4, section 4.3. WHS commissioner—see work health and safety commissioner. WHS entry permit means a WHS entry permit issued under part 7 (Workplace entry by WHS entry permit-holders). WHS entry permit-holder means a person who holds a WHS entry WHS undertaking means an undertaking given under section 216 (1). worker—see section 7. work group means a work group determined under part 5 (Consultation, representation and participation). work health and safety commissioner means the Work Health and Safety Commissioner appointed under schedule 2, section 2.21. workplace—see section 8. 1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Work Health and Safety Act 2011 A2011-35 notified LR 29 September 2011 s 1, s 2 commenced 29 September 2011 (LA s 75 (1)) remainder commenced 1 January 2012 (s 2 and CN2011-12) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.55 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 3 pt 3.55 commenced 1 January 2012 (LA s 79A and see A2011-35)) as modified by Work Health and Safety Regulation 2011 SL2011-36 pt 20.4A (as am by SL2012-9 s 4, SL2012-31 s 4) notified LR 19 December 2011 s 1, s 2 commenced 19 December 2011 (LA s 75 (1)) pt 20.4A commenced 1 January 2012 (s 2 (1) and see Work Health and Safety Act 2011 A2011-35, s 2 and CN2011-12) Work Health and Safety Amendment Regulation 2012 (No 1) SL2012-9 notified LR 19 March 2012 s 1, s 2 taken to have commenced 1 January 2012 (LA s 75 (2)) remainder taken to have commenced 1 January 2012 (s 2) Note This regulation only amends the Work Health and Safety Regulation 2011 SL2011-36. Work Health and Safety (Bullying) Amendment Act 2012 A2012-6 notified LR 1 March 2012 s 1, s 2 commenced 1 March 2012 (LA s 75 (1)) remainder commenced 1 June 2012 (s 2 and CN2012-10) Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.58 notified LR 22 May 2012 s 1, s 2 commenced 22 May 2012 (LA s 75 (1)) amdt 3.222 commenced 5 June 2012 (s 2 (2)) sch 3 pt 3.58 remainder commenced 5 June 2012 (s 2 (1)) Work Health and Safety Amendment Regulation 2012 (No 2) notified LR 5 July 2012 s 1, s 2 taken to have commenced 1 January 2012 (LA s 75 (2)) remainder taken to have commenced 1 January 2012 (s 2) Note This regulation only amends the Work Health and Safety Regulation 2011 SL2011-36. Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.54 notified LR 24 May 2013 s 1, s 2 commenced 24 May 2013 (LA s 75 (1)) sch 3 pt 3.54 commenced 14 June 2013 (s 2) Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.24 notified LR 11 November 2013 s 1, s 2 commenced 11 November 2013 (LA s 75 (1)) sch 3 pt 3.24 commenced 25 November 2013 (s 2) Statute Law Amendment Act 2014 A2014-18 sch 3 pt 3.25 notified LR 20 May 2014 s 1, s 2 commenced 20 May 2014 (LA s 75 (1)) sch 3 pt 3.25 commenced 10 June 2014 (s 2 (1)) Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 A2014-53 pt 8 notified LR 3 December 2014 s 1, s 2 commenced 3 December 2014 (LA s 75 (1)) pt 8 commenced 1 January 2015 (s 2) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.78 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.78 commenced 14 October 2015 (s 2) Red Tape Reduction Legislation Amendment Act 2016 A2016-18 sch 3 pt 3.50 notified LR 13 April 2016 s 1, s 2 commenced 13 April 2016 (LA s 75 (1)) sch 3 pt 3.50 commenced 27 April 2016 (s 2) Workplace Privacy Amendment Act 2016 A2016-22 s 22 notified LR 14 April 2016 s 1, s 2 commenced 14 April 2016 (LA s 75 (1)) s 22 commenced 14 October 2016 (s 2 (1) (as am by A2016-37 amdt 1.44) and LA s 79) Emergencies Amendment Act 2016 A2016-33 sch 1 pt 1.24 notified LR 20 June 2016 s 1, s 2 commenced 20 June 2016 (LA s 75 (1)) sch 1 pt 1.24 commenced 21 June 2016 (s 2) Justice and Community Safety Legislation Amendment Act 2016 A2016-37 amdt 1.44 s 1, s 2 commenced 22 June 2016 (LA s 75 (1)) amdt 1.44 commenced 29 June 2016 (s 2) Note This Act only amends the Workplace Privacy Amendment Act 2016 A2016-22. Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.65 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.65 commenced 1 September 2016 (s 2) Work Health and Safety Legislation Amendment Act 2018 A2018-8 pt 3 notified LR 5 March 2018 s 1, s 2 commenced 5 March 2018 (LA s 75 (1)) pt 3 commenced 29 March 2018 (s 2) Work Health and Safety Amendment Act 2018 A2018-26 pt 2 notified LR 15 August 2018 s 1, s 2 commenced 15 August 2018 (LA s 75 (1)) pt 2 commenced 1 January 2019 (s 2) Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.42 notified LR 25 September 2018 s 1, s 2 commenced 25 September 2018 (LA s 75 (1)) sch 1 pt 1.42 commenced 23 October 2018 (s 2 (4)) Courts (Fair Work and Work Safety) Legislation Amendment Act 2019 A2019-32 pt 6 notified LR 9 October 2019 s 1, s 2 commenced 9 October 2019 (LA s 75 (1)) s 3, pt 6 commenced 10 October 2019 (s 2 (1)) Work Health and Safety Amendment Act 2019 A2019-38 notified LR 31 October 2019 s 1, s 2 commenced 31 October 2019 (LA s 75 (1)) ss 3-21, s 23, s 24 and s 27 commenced 5 December 2019 (s 2 (1) and CN2019-20) remainder commenced 30 April 2020 (s 2 (1) and LA s 79) Employment and Workplace Safety Legislation Amendment Act 2020 A2020-30 pt 4 (as am by A2020-42 s 70) notified LR 9 July 2020 s 1, s 2 commenced 9 July 2020 (LA s 75 (1)) ss 105-108 commenced 7 September 2020 (s 2 (2) (as am by A2020-42 s 70) and CN2020-20) pt 4 remainder commenced 10 July 2020 (s 2 (1)) Justice Legislation Amendment Act 2020 A2020-42 s 70 notified LR 27 August 2020 s 1, s 2 commenced 27 August 2020 (LA s 75 (1)) s 70 commenced 28 August 2020 (s 2 (9)) Note This Act only amends the Employment and Workplace Safety Legislation Amendment Act 2020 A2020-30. Work Health and Safety Amendment Act 2021 A2021-19 notified LR 11 August 2021 s 1, s 2 commenced 11 August 2021 (LA s 75 (1)) remainder commenced 11 November 2021 (s 2) Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.23 notified LR 30 March 2022 s 1, s 2 commenced 30 March 2022 (LA s 75 (1)) sch 1 pt 1.23 commenced 6 April 2022 (s 2) Workplace Legislation Amendment Act 2022 A2022-23 pt 4 notified LR 9 December 2022 s 1, s 2 commenced 9 December 2022 (LA s 75 (1)) pt 4 commenced 9 June 2023 (s 2 (2)) Work Health and Safety Amendment Act 2023 A2023-31 notified LR 7 July 2023 s 1, s 2 taken to have commenced 20 October 2022 (LA s 75 (2)) remainder taken to have commenced 20 October 2022 (s 2) Workplace Legislation Amendment Act 2024 A2024-15 pt 4 notified LR 19 April 2024 s 1, s 2 commenced 19 April 2024 (LA s 75 (1)) pt 4 commenced 19 August 2024 (s 2 (2)) Workplace Legislation Amendment Act 2025 A2025-18 pt 6 notified LR 2 July 2025 s 1, s 2 commenced 2 July 2025 (LA s 75 (1)) pt 6 commenced 9 July 2025 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.108 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.108 commenced 26 November 2025 (s 2 (3)) Workplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 7, sch 1 pt 1.5 notified LR 12 November 2025 s 1, s 2 commenced 12 November 2025 (LA s 75 (1)) pt 7, sch 1 pt 1.5 commenced 19 November 2025 (s 2 (3)) Long title long title am A2018-8 s 27 Commencement s 2 om LA s 89 (4) Scope s 12 am A2018-8 s 28, s 29 Application of Act to dangerous goods and high risk plant—sch 1 s 12AA ins A2018-8 s 30 Offences against Act—application of Criminal Code etc s 12B am A2024-15 s 7 Duty of officers s 27 am A2021-19 s 4 Negligence or reckless conduct—category 1 s 31 hdg sub A2022-23 s 19 s 31 am A2012-21 amdt 3.220; A2019-32 s 17; A2022-23 s 20; A2024-15 s 8, s 9 Failure to comply with health and safety duty—category 2 s 32 am A2024-15 s 10 Failure to comply with health and safety duty—category 3 s 33 am A2024-15 s 11 Industrial manslaughter div 2.6 hdg ins A2021-19 s 5 Industrial manslaughter s 34A ins A2021-19 s 5 am A2024-15 s 12 Alternative verdict for industrial manslaughter s 34B ins A2021-19 s 5 What is a notifiable incident s 35 am A2022-23 s 21; A2025-30 s 30 What is a serious injury or illness—pt 3 s 36 am A2012-21 amdt 3.221 sub A2025-30 s 31 What is a dangerous incident—pt 3 s 37 sub A2025-30 s 31 What is a sexual assault incident—pt 3 s 37A ins A2022-23 s 22 Duty to notify of notifiable incidents s 38 am A2022-23 s 23; A2024-15 s 31, s 32; A2025-30 s 32 Duty to preserve incident sites and evidence s 39 hdg sub A2025-30 s 33 s 39 am A2022-23 s 24; A2024-15 s 31; A2025-30 ss 34-37 Person conducting business or undertaking and person with management or control of workplace to notify each other of notifiable incidents s 39A ins A2025-30 s 38 Requirements for authorisation of workplaces s 41 am A2024-15 s 29 Requirements for authorisation of plant or substance s 42 am A2024-15 s 30 Requirements for authorisation of work s 43 am A2024-15 s 30 Requirements for prescribed qualifications or experience s 44 am A2024-15 s 30 Requirement to comply with conditions of authorisation s 45 am A2024-15 s 30 Duty to consult with other duty-holders s 46 am A2024-15 s 30 Duty to consult workers s 47 am A2024-15 s 30 Definitions sdiv 5.3.1A hdg ins A2018-26 s 4 Meaning of major construction project—pt 5 s 49A ins A2018-26 s 4 Meaning of principal contractor—pt 5 s 49B ins A2018-26 s 4 Meaning of eligible union—div 5.3 s 49C ins A2018-26 s 4 Consultation with eligible unions—major construction project s 50A ins A2018-26 s 5 Exemption from certain requirements under this part s 50B ins A2018-26 s 5 Election of health and safety representatives—major construction project s 50C ins A2018-26 s 5 Determination of work groups s 51 am A2018-26 s 6 Negotiations for agreement for work group s 52 am A2011-52 amdt 3.202; A2018-26 s 7, s 8; A2022-23 s 25; A2024-15 s 31 Notice to workers s 53 am A2024-15 s 33 Failure of negotiations s 54 am A2018-26 s 9, s 10 Determination of work groups of multiple businesses s 55 am A2018-26 s 11 Negotiation of agreement for work groups of multiple businesses s 56 am A2024-15 s 31 Notice to workers s 57 am A2024-15 s 33 Procedure for election of health and safety representatives s 61 am A2024-15 s 31 General obligations of person conducting business or undertaking s 70 am A2024-15 s 31 Exceptions from obligations under s 70 (1) s 71 am A2024-15 s 31 Obligation to train health and safety representatives s 72 am A2018-26 s 12; A2022-23 s 26, s 27; A2024-15 s 31 Obligation to train health and safety representatives—major construction project s 72A ins A2018-26 s 13 Obligation to share costs if multiple businesses or undertakings s 73 am A2018-26 s 14 List of health and safety representatives s 74 am A2024-15 s 33 Health and safety committees s 75 am A2024-15 s 32 Constitution of committee s 76 am A2018-26 s 15, s 16 Duties of person conducting business or undertaking s 79 am A2024-15 s 31 Obligation to train health and safety committee members—major construction project s 79A ins A2018-26 s 17 Health and safety representative may direct that unsafe work cease s 85 am A2018-26 s 18 Provisional improvement notices s 90 am A2018-26 s 18 Display of provisional improvement notice s 97 am A2024-15 s 32 Offence to contravene a provisional improvement notice s 99 am A2024-15 s 29 Prohibition of discriminatory conduct s 104 am A2024-15 s 28 Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct s 107 am A2024-15 s 28 Prohibition of coercion or inducement s 108 am A2012-21 amdt 3.222; A2016-33 amdt 1.55; A2024-15 s 28 Misrepresentation s 109 am A2024-15 s 28 Rights that may be exercised while at workplace s 118 am A2020-30 ss 105-107; A2024-15 s 34 Notice of exercise of right under s 118 (1) (da) s 118A ins A2020-30 s 108 Contravening WHS entry permit conditions s 123 am A2024-15 s 13 WHS entry permit-holder must also hold permit under other law s 124 am A2024-15 s 35 WHS entry permit to be available for inspection s 125 am A2024-15 s 35 When right may be exercised s 126 am A2024-15 s 35 Work health and safety requirements s 128 am A2024-15 s 35 Residential premises s 129 am A2024-15 s 35 Application for WHS entry permit s 131 am A2012-21 amdt 3.223; A2016-18 amdt 3.225, amdt 3.226 Contravening order made to deal with dispute s 143 am A2024-15 s 34 Person must not refuse or delay entry of WHS entry permit-holder s 144 am A2024-15 s 34 Person must not hinder or obstruct WHS entry permit-holder s 145 am A2024-15 s 34 WHS entry permit-holder must not delay, hinder or obstruct any person or disrupt work at workplace s 146 am A2024-15 s 35 Misrepresentations about things authorised by this part s 147 am A2024-15 s 34 Unauthorised use or disclosure of information or documents s 148 am A2024-15 s 14, s 34 Return of WHS entry permits s 149 am A2024-15 s 15 Union to provide information to regulator s 150 am A2024-15 s 16 Powers of regulator to obtain information s 155 am A2014-18 amdt 3.126; A2022-23 ss 28-30; A2024-15 s 31 Appointment of inspectors s 156 am A2025-30 amdt 1.10 General powers on entry s 165 am A2012-21 amdt 3.224; A2024-15 s 31 Search warrants s 167 am A2016-18 amdt 3.227 Warrants—application made other than in person s 167A am A2018-33 amdt 1.81, amdt 1.82 Power to require production of documents and answers to questions s 171 am A2022-23 ss 31-34; A2024-15 s 31 Abrogation of privilege against self-incrimination s 172 am A2022-23 s 35; A2024-15 s 17 Warning to be given s 173 am A2022-23 ss 36-39 Powers supporting seizure s 177 am A2024-15 s 31 Power to require name and address s 185 am A2012-21 amdt 3.225; A2024-15 s 18 Offence to hinder or obstruct inspector s 188 am A2024-15 s 31 Offence to impersonate inspector s 189 am A2024-15 s 19 Offence to assault, threaten or intimidate inspector s 190 am A2024-15 s 20 Compliance with improvement notice s 193 am A2024-15 s 29 Compliance with prohibition notice s 197 am A2024-15 s 28 Prohibited asbestos notices div 10.2A hdg ins A2020-30 s 109 Definitions—div 10.2A s 197A ins A2020-30 s 109 def asbestos ins A2020-30 s 109 def asbestos containing material (ACM) ins A2020-30 s 109 def prohibited asbestos ins A2020-30 s 109 def relevant person ins A2020-30 s 109 Issue of prohibited asbestos notice s 197B ins A2020-30 s 109 Contents of prohibited asbestos notice s 197C ins A2020-30 s 109 Compliance with prohibited asbestos notice s 197D ins A2020-30 s 109 am A2024-15 s 28 Extension of time for compliance with prohibited asbestos notice s 197E ins A2020-30 s 109 Compliance with non-disturbance notice s 200 am A2024-15 s 29 Application—div 10.4 s 202 am A2020-30 s 110 Directions in notices s 204 am A2020-30 s 111, s 112 Recommendations in notice s 205 am A2020-30 s 113 Changes to notice s 206 sub A2020-30 s 114 Regulator may vary or cancel notice s 207 am A2020-30 s 115 Display of notice s 210 am A2024-15 s 32 When regulator may carry out action s 211 am A2020-30 s 116 Power of the regulator to take other remedial action s 212 am A2020-30 s 117, s 118 Costs of remedial or other action s 213 am A2020-30 s 119 Application—div 10.6 s 214 am A2020-30 s 120 Regulator may accept WHS undertakings s 216 am A2021-19 s 6 Compliance with WHS undertaking s 219 am A2024-15 s 29 Which decisions are reviewable s 223 am A2018-26 s 19, s 20; A2020-30 s 121 Application for external review s 229 am A2013-44 amdt 3.202 Procedure if prosecution is not brought s 231 am A2021-19 s 7, s 8; A2022-23 ss 40-42 Limitation period for prosecutions s 232 am A2021-19 s 9; A2025-30 s 39; ss renum R29 LA Offence to fail to comply with order s 242 am A2024-15 s 29 Offences by bodies corporate div 13.4 hdg sub A2024-15 s 21 Definitions—div 13.4 s 244 sub A2024-15 s 21 def authorised person ins A2024-15 s 21 def board of directors ins A2024-15 s 21 Physical elements s 244A ins A2024-15 s 21 Fault elements other than negligence s 244B ins A2024-15 s 21 Negligence s 244BA ins A2024-15 s 21 Mistake of fact s 244C ins A2024-15 s 21 Failure to take reasonable precautions s 244D ins A2024-15 s 21 How this division applies to public authorities s 244E ins A2024-15 s 21 Officers s 247 am A2011-52 amdt 3.203 Responsible agency for the Territory s 248 am A2012-21 amdt 3.226 When is a provision a WHS civil penalty provision s 254 am A2024-15 s 22 Confidentiality of information s 271 am A2022-23 s 43; A2024-15 s 31 Additional ways that regulator may use and share information s 271A ins A2022-23 s 44 am A2024-15 s 23 No insurance or other indemnity against penalties s 272A ins A2022-23 s 45 am A2024-15 s 29 Liability of officers for offences by body corporate under s 272A s 272B ins A2022-23 s 45 am A2024-15 s 24 Person not to levy workers s 273 am A2024-15 s 32 Relationship with Legislative Assembly s 273A ins A2023-31 s 4 Approved codes of practice s 274 am A2013-19 amdt 3.515; A2013-44 amdt 3.203, amdt 3.204; A2014-53 s 64; A2015-33 amdt 1.267 Regulation-making powers s 276 am A2014-18 amdt 3.127; A2024-15 s 25 Approved forms s 277 am A2012-21 amdt 3.227 Transitional pt 20 hdg exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies)) Definitions—pt 20 s 300 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies)) def commencement day exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies)) Worker consultation units to be work groups s 301 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies)) Work safety representatives to be health and safety representatives s 302 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies)) Work safety committees to be health and safety committees s 303 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies)) Authorised representatives to be WHS entry permit-holders s 304 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies)) Inspectors s 305 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies)) Investigations under Work Safety Act 2008 s 305A ins as mod SL2011-36 s 816A (as ins by SL2012-9 s 4) sub as mod SL2011-36 s 816A (as ins by SL2012-31 s 4) exp 1 January 2014 (s 305A and see s 307 (1) Functions under director-general’s delegations s 305B ins as mod SL2011-36 s 816A (as ins by SL2012-31 s 4) exp 1 January 2014 (s 305B and see s 307 (1) Membership of Work Safety Council s 305C ins as mod SL2011-36 s 816A (as ins by SL2012-31 s 4) exp 1 January 2014 (s 305C and see s 307 (1) Transitional regulations s 306 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies)) Expiry—pt 20 s 307 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies)) Transitional—investigations pt 21 hdg ins A2014-18 amdt 3.128 Meaning of commencement day—pt 21 s 308 ins A2014-18 amdt 3.128 Investigations under Work Safety Act 2008 (repealed) s 309 ins A2014-18 amdt 3.128 Functions under director-general’s delegations s 310 ins A2014-18 amdt 3.128 Expiry—pt 21 s 311 ins A2014-18 amdt 3.128 Application of Act to dangerous goods and high risk plant sch 1 hdg am A2018-8 s 31 sch 1 am A2018-8 s 32, s 33 Work health and safety council sch 2 pt 2.1 hdg sub A2019-38 s 4 Establishment sch 2 s 2.1 am A2019-38 s 5 Functions sch 2 s 2.2 am A2012-6 s 4, s 5; A2016-22 s 22; A2019-38 ss 6-8 Membership sch 2 s 2.3 sub A2019-38 s 9 Meaning of appointed member—div 2.1.2 sch 2 s 2.3A ins A2019-38 s 10 Terms of appointment sch 2 s 2.4 am A2019-38 ss 11-13; A2025-18 s 11 Chair and deputy chair sch 2 s 2.5 sub A2019-38 s 14 Reporting of disclosed council interests to Minister sch 2 s 2.8 am A2022-4 amdt 1.82, amdt 1.83 Ending appointment of council member sch 2 s 2.9 am A2019-38 ss 15-18 Quorum at council meetings sch 2 s 2.12 am A2019-38 s 19 Voting at council meetings sch 2 s 2.13 sub A2019-38 s 20 Establishment sch 2 s 2.16 am A2019-38 s 21 Office of the Work Health and Safety Commissioner sch 2 pt 2.2 hdg sub A2019-38 s 22 Preliminary sch 2 div 2.2.1 hdg ins A2019-38 s 22 Definitions—pt 2.2 sch 2 s 2.17 sub A2019-38 s 22 def compliance and enforcement policy ins A2019-38 s 22 def statement of expectations ins A2019-38 s 22 def statement of operational intent ins A2019-38 s 22 def strategic plan ins A2019-38 s 22 Establishment and functions of office sch 2 div 2.2.2 hdg ins A2019-38 s 22 Establishment of office sch 2 s 2.18 am A2016-52 amdt 1.174 sub A2019-38 s 22 Constitution of office sch 2 s 2.19 sub A2019-38 s 22 Functions of office sch 2 s 2.20 sub A2019-38 s 22 Work health and safety commissioner sch 2 div 2.2.3 hdg ins A2019-38 s 22 Appointment of WHS commissioner sch 2 s 2.21 sub A2019-38 s 22 am A2025-30 amdt 1.10 Functions of WHS commissioner sch 2 s 2.22 sub A2019-38 s 22 Independence of WHS commissioner and Ministerial directions sch 2 s 2.23 om A2016-52 amdt 1.175 ins A2019-38 s 22 Duty of good conduct sch 2 s 2.24 am A2016-52 amdt 1.176 sub A2019-38 s 22 Disclosure of interests sch 2 s 2.25 ins A2019-38 s 22 Outside employment sch 2 s 2.26 ins A2019-38 s 22 Ending appointment—generally sch 2 s 2.27 ins A2019-38 s 22 Ending appointment—council no-confidence resolution sch 2 s 2.28 ins A2019-38 s 22 Leave of absence sch 2 s 2.29 ins A2019-38 s 22 Office—staff sch 2 div 2.2.4 hdg ins A2019-38 s 22 Meaning of staff of the office—pt 2.2 sch 2 s 2.30 ins A2019-38 s 22 Appointment of deputy WHS commissioner sch 2 s 2.31 ins A2019-38 s 22 am A2025-30 amdt 1.10, amdt 1.11 Employment of staff sch 2 s 2.32 ins A2019-38 s 22 Engagement of consultants and contractors sch 2 s 2.33 ins A2019-38 s 22 Independence of staff of the office sch 2 s 2.34 ins A2019-38 s 22 Delegation of functions sch 2 s 2.35 ins A2019-38 s 22 Other arrangements for staff and facilities sch 2 s 2.36 ins A2019-38 s 22 Office—policy and reporting framework sch 2 div 2.2.5 hdg ins A2019-38 s 22 Compliance and enforcement policy sch 2 s 2.37 ins A2019-38 s 22 Strategic plan sch 2 s 2.38 ins A2019-38 s 22 Ministerial statement of expectations sch 2 s 2.39 ins A2019-38 s 22 Statement of operational intent sch 2 s 2.40 ins A2019-38 s 22 Annual report sch 2 s 2.41 ins A2019-38 s 22 Authorisations sch 3 s 7.1 am A2016-18 amdt 3.228 Penalty amounts sch 4 hdg ins A2024-15 s 26 Monetary penalties—categories 1 to 3 sch 4 s 4.1 ins A2024-15 s 26 Monetary penalties—industrial manslaughter sch 4 s 4.1A ins A2024-15 s 26 Monetary penalties—tiers A to I sch 4 s 4.2 ins A2024-15 s 26 Monetary penalties—WHS civil penalty tiers 1 to 4 sch 4 s 4.3 ins A2024-15 s 26 Indexation of penalty amounts sch 4 s 4.4 ins A2024-15 s 26 am A2025-29 amdt 3.391 Rounding of maximum penalty amounts sch 4 s 4.5 ins A2024-15 s 26 Notification of adjusted maximum penalty amounts sch 4 s 4.6 ins A2024-15 s 26 dict am A2012-21 amdt 3.228, amdt 3.229; A2015-33 amdt 1.268; A2025-30 s 40 def appointed member ins A2019-38 s 23 def asbestos ins A2020-30 s 122 def asbestos containing material (ACM) ins A2020-30 s 122 def authorised person ins A2024-15 s 27 def board of directors ins A2024-15 s 27 def category 1 monetary penalty ins A2024-15 s 27 def category 2 monetary penalty ins A2024-15 s 27 def category 3 monetary penalty ins A2024-15 s 27 def commissioner ins A2019-38 s 23 def compliance and enforcement policy ins A2019-38 s 23 def council ins A2013-19 amdt 3.516 am A2019-38 s 24 def eligible union ins A2018-26 s 21 def fault element ins A2024-15 s 27 def industrial manslaughter monetary penalty ins A2024-15 s 27 def industrial manslaughter offence ins A2021-19 s 10 def infringement notice ins A2012-21 amdt 3.230 def infringement notice offence ins A2012-21 amdt 3.230 def major construction project ins A2018-26 s 21 def medical treatment om A2012-21 amdt 3.231 def office ins A2019-38 s 25 def office of the work health and safety commissioner ins A2019-38 s 25 def officer am A2012-21 amdt 3.232 def physical element ins A2024-15 s 27 def principal contractor ins A2018-26 s 21 def prohibited asbestos ins A2020-30 s 122 def regulator sub A2019-38 s 26 def relevant person ins A2020-30 s 122 def sexual assault incident ins A2022-23 s 46 def staff of the office ins A2019-38 s 27 def statement of expectations ins A2019-38 s 27 def statement of operational intent ins A2019-38 s 27 def strategic plan ins A2019-38 s 27 def tier A monetary penalty ins A2024-15 s 27 def tier B monetary penalty ins A2024-15 s 27 def tier C monetary penalty ins A2024-15 s 27 def tier D monetary penalty ins A2024-15 s 27 def tier E monetary penalty ins A2024-15 s 27 def tier F monetary penalty ins A2024-15 s 27 def tier G monetary penalty ins A2024-15 s 27 def tier H monetary penalty ins A2024-15 s 27 def tier I monetary penalty ins A2024-15 s 27 def WHS civil penalty provision tier 1 ins A2024-15 s 27 def WHS civil penalty provision tier 2 ins A2024-15 s 27 def WHS civil penalty provision tier 3 ins A2024-15 s 27 def WHS civil penalty provision tier 4 ins A2024-15 s 27 def WHS commissioner ins A2019-38 s 27 def work health and safety commissioner ins A2019-38 s 27 def work safety commissioner om A2019-38 s 28 Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. for 1 Jan 2012 A2011-52 new Act and amendments by A2011-52 R1 (RI) 19 Mar 2012 A2011-52 reissue for modifications by SL2012-9 R1 (RI No 2) A2011-52 further reissue for modification by 1 June 2012– A2012-6 amendments by A2012-6 5 June 2012– A2012-21 amendments by A2012-21 R3 (RI) 5 June 2012– A2012-21 reissue for modification by 14 June 2013– 24 Nov 2013 A2013-19 amendments by A2013-19 Earlier republications 5 for 25 Nov 2013 25 Nov 2013– 1 Jan 2014 A2013-44 amendments by A2013-44 2 Jan 2014 2 Jan 2014– A2013-44 expiry of modifications and transitional provisions (pt 20) 10 June 2014– 31 Dec 2014 A2014-18 amendments by A2014-18 1 Jan 2015 1 Jan 2015– 13 Oct 2015 A2014-53 amendments by A2014-53 14 Oct 2015 14 Oct 2015– 26 Apr 2016 A2015-33 amendments by A2015-33 27 Apr 2016 27 Apr 2016– A2016-18 amendments by A2016-18 21 June 2016– A2016-33 amendments by A2016-33 29 June 2016– 31 Aug 2016 A2016-37 updated endnotes A2016-37 1 Sept 2016 1 Sept 2016– 13 Oct 2016 A2016-52 amendments by A2016-52 14 Oct 2016 14 Oct 2016– 28 Mar 2018 A2016-37 amendments by A2016-22 as A2016-37 29 Mar 2018 29 Mar 2018– 22 Oct 2018 A2018-8 amendments by A2018-8 23 Oct 2018 23 Oct 2018– 31 Dec 2018 A2018-33 amendments by A2018-33 1 Jan 2019 1 Jan 2019– A2018-26 amendments by A2018-26 11 June 2019– 9 Oct 2019 A2018-26 expiry of transitional provisions (pt 21) for 10 Oct 2019 10 Oct 2019– 4 Dec 2019 A2019-32 amendments by A2019-32 5 Dec 2019 5 Dec 2019– 29 Apr 2020 A2019-38 amendments by A2019-38 30 Apr 2020 30 Apr 2020– A2019-38 amendments by A2019-38 10 July 2020– 6 Sept 2020 A2020-30 amendments by A2020-30 7 Sept 2020 7 Sept 2020– 10 Nov 2021 A2020-42 amendments by A2020-30 and A2020-42 11 Nov 2021 11 Nov 2021– 5 Apr 2022 A2021-19 amendments by A2021-19 6 Apr 2022 6 Apr 2022– 19 Oct 2022 A2022-4 amendments by A2022-4 R25A 20 Oct 2022– A2023-31 retrospective A2023-31 9 June 2023– 18 Aug 2024 A2022-23 amendments by A2022-23 does not include A2023-31 (see reissued republication) R26 (RI) 9 June 2023– 18 Aug 2024 A2022-23 retrospective A2023-31 19 Aug 2024 19 Aug 2024– A2024-15 amendments by A2024-15 9 July 2025– 18 Nov 2025 A2025-18 amendments by A2025-18 19 Nov 2025 19 Nov 2025– 25 Nov 2025 A2025-30 amendments by A2025-30 Expired transitional or validating provisions 6 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.