Sch 2of this Act.

Schedule 2 of this Act. (3) If an act, matter or thing relating to the Council as constituted under section 21 of the old WHS Act is in existence, force or operation immediately before commencement, on commencement it becomes Work Health and Safety (National Uniform Legislation) Act 2011 151 an act, matter or thing in existence, force or operation for the Authority as constituted under Schedule 2 of this Act. Schedule 1 Application of Act to dangerous goods and high risk plant Work Health and Safety (National Uniform Legislation) Act 2011 152 Schedule 1 Application of Act to dangerous goods and high risk plant section 12 1 This Act applies to the storage and handling of dangerous goods even if the dangerous goods are not at a workplace or for use in carrying out work. 2 For the purposes of clause 1: (a) a reference in this Act to carrying out work includes a reference to the storage or handling of dangerous goods; and (b) a reference in this Act to a workplace includes a reference to the premises at or in which the dangerous goods are stored or handled; and (c) a reference in this Act to work health and safety (however expressed) includes a reference to public health and safety. 3 This Act applies to the operation or use of high risk plant, affecting public safety, even if the plant is not situated, operated or used at a workplace or for use in carrying out work. 4 For the purposes of clause 3: (a) a reference in this Act to carrying out work includes a reference to the operation and use of high risk plant affecting public safety; and (b) a reference in this Act to a workplace includes a reference to any high risk plant affecting public safety and the premises at or in which the plant is situated or used; and (c) a reference in this Act to work health and safety (however expressed) includes a reference to public health and safety. 5 The operation of this Schedule is subject to any exclusions or modifications prescribed by the Regulations. 6 In this Schedule: dangerous goods means anything prescribed as dangerous goods. high risk plant means plant prescribed as high risk plant. Work Health and Safety (National Uniform Legislation) Act 2011 153 1 Definitions In this Schedule: appointed member means a member of the Council appointed under clause 4(1)(b). Council means the Work Health and Safety Advisory Council under clause 2. 2 Work Health and Safety Advisory Council There is a council called the Work Health and Safety Advisory Council. 3 Functions of Council The Council has the following functions: (a) to keep under review the operation of this Act; (b) to make recommendations to the Minister on possible changes to: (i) the administration of this Act; or (ii) standards of work health and safety in the Territory; (c) at the request of the Minister, to investigate and report to the Minister on matters relating to work health and safety; (d) to perform any other advisory functions relating to work health and safety as the Minister directs. 4 Membership of Council (1) The Council consists of: (a) the person constituting the Authority under section 4(3) of the Work Health Administration Act 2011; and (b) not more than 10 other persons appointed by the Minister. (2) The members appointed under subclause (1)(b) must: (a) include persons with a wide range of experience extending as far as possible across all major industry sectors in the Territory; and Work Health and Safety (National Uniform Legislation) Act 2011 154 (b) as far as practicable, consist of equal numbers of representatives of organisations representing employers and organisations representing employees. 5 Nominations for membership Before appointing a person as an appointed member the Minister must: (a) invite nominations for appointment from interested organisations and persons; and (b) consider all nominations made in response to the invitation. 6 Term of appointment (1) An appointed member holds office for the period, not exceeding 2 years, specified in the appointment. (2) An appointed member is eligible for reappointment. (3) An appointed member may resign by written notice given to the Minister. 7 Termination of appointment (1) A person ceases to be an appointed member: (a) if the person is found guilty of an indictable offence (whether in the Territory or elsewhere); or (b) if the person: (i) becomes bankrupt; or (ii) applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or (iii) compounds with creditors or makes an assignment of the person's remuneration for their benefit. (2) The Minister may terminate the appointment of a person as an appointed member if satisfied the person: (a) has contravened clause 12; or (b) is guilty of misbehaviour; or (c) is physically or mentally incapable of satisfactorily performing the functions of the office; or Work Health and Safety (National Uniform Legislation) Act 2011 155 (d) is absent from 3 consecutive meetings of the Council without leave or other reasonable excuse. (3) A termination under subclause (2) must be by written notice given to the person. 8 Chair and deputy chair (1) The Minister: (a) must nominate one of the appointed members as the chair of the Council; and (b) may nominate another of the appointed members as the deputy chair of the Council. (2) The deputy chair must act in the office of chair of the Council if: (a) the chair is unable to do so; or (b) the office of chair is vacant. 9 Meetings of Council (1) The Council must meet: (a) when directed by the Minister to do so; and (b) at any other time the Council's chair considers appropriate. (3) A meeting must be convened by the Council's chair. (4) The Council's chair must preside at a meeting of the Council. (5) A quorum for a meeting of the Council is the chair and not less than half of the number of the other members of the Council. (6) Questions arising for decision at the Council meeting are to be determined by the majority of votes of members present and, if the votes are equal, the chair also has a casting vote. (7) The Council must keep records of its proceedings. (8) Subject to this clause, the Council may determine its own procedures. 10 Committees (1) The Council may establish committees to assist it to carry out its functions. Work Health and Safety (National Uniform Legislation) Act 2011 156 (2) A committee has the functions conferred on it by the Council. (3) A committee may be constituted: (a) entirely of members of the Council establishing it; or (b) partly of members of the Council and partly of other persons; or (c) entirely of other persons. (4) A committee member holds office on the conditions (including remuneration, expenses and allowances) determined by the Minister. (5) A committee must keep records of its proceedings. (6) Subject to this Act and any directions of the Council establishing it, a committee may determine its own procedures. 11 Annual report (1) At the end of each financial year, the Council must prepare a report about: (a) the Council's activities during that year; and (b) the operation of this Act during that year. (2) The Council must, by 31 October following the end of that year, give the report to the Minister. (3) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after receiving the report. 12 Disclosure of interest (1) A member of the Council or a committee who has a direct or indirect interest in a matter to be considered by the Council or committee must disclose the interest. (2) The disclosure must be recorded in Council's or committee's record of proceedings. (3) The member: (a) must not take part in any deliberation or decision about the matter; and Work Health and Safety (National Uniform Legislation) Act 2011 157 (b) must be disregarded for the purposes of constituting the quorum of the Council or committee for the deliberation or (4) The Council or committee may decide subclause (3) does not apply to the matter. (5) However, a decision under subclause (4) must be deliberated and voted on in the absence of the member. Work Health and Safety (National Uniform Legislation) Act 2011 158 section 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 under the Regulations. 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 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 any substance. Work Health and Safety (National Uniform Legislation) Act 2011 159 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) matters relating to 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 person. 7 Authorisations 7.1 Matters relating to authorisations (including licences, registrations and permits) and qualifications, and experience for the purposes of