NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985
NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I - PRELIMINARYSection 1. Short title 2. Commencement 3. Interpretation 4. Application of Act 5. Act to bind Crown PART II - THE NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION 6. Establishment of Commission 7. Objects 8. Functions of Commission 9. Powers of Commission PART III - CONSTITUTION AND MEETINGS OF COMMISSION 10. Membership of Commission 11. Alternate members of the Commission 12. Leave of absence 13. Resignation of members 14. Termination of appointments 15. Disclosure of interests of members 16. Acting Chairperson 17. Remuneration of Chairperson 18. Expenses of part-time members of Commission 19. Meetings of Commission PART IV - THE EXECUTIVE, COMMITTEES AND WORKING PARTIES 20. The Executive 21. Alternate members of the Executive 22. Term of office, & c. 23. Resignation of members of the Executive 24. Meetings of the Executive 25. Committees of Commission 26. Working parties 27. Disclosure of interests of members of the Executive, committees and working parties 28. Expenses of members of the Executive, committees and working parties PART V - THE NATIONAL OCCUPATIONAL HEALTH AND SAFETY OFFICE AND THE NATIONAL INSTITUTE OF OCCUPATIONAL HEALTH AND SAFETY 29. The National Occupational Health and Safety Office and the National Institute of Occupational Health and Safety 30. Director of the Institute 31. Terms and conditions of appointment, & c. 32. Leave of absence 33. Resignation 34. Termination of appointment 35. Disclosure of interests 36. Acting Director 37. Remuneration of Director PART VI - NATIONAL STANDARDS AND CODES OF PRACTICE 38. National standards and codes of practice PART VII - PUBLIC INQUIRIES 39. Commission may direct inquiries 40. Appointment, & c., of Commissioner and advisers 41. Report by Commissioner 42. Notice of inquiries 43. Procedure at inquiries, & c. 44. Power to administer oath or affirmation and to summon witnesses 45. Powers of Commissioner in relation to documents produced 46. Failure of witness to attend 47. Refusal to be sworn or to answer questions 48. False or misleading evidence 49. Contempt 50. Protection of Commissioner and witnesses 51. Allowances to witnesses 52. Witness not to be prejudiced PART VIII - STAFF AND CONSULTANTS 53. Staff 54. Arrangements relating to staff 55. Employees and consultants PART IX - FINANCE 56. Money payable to Commission 57. Estimates 58. National Occupational Health and Safety Research Fund 59. Application of money held by Commission
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60. Application of Division 3 of Part XI of Audit Act 61. Exemption from taxation PART X - MISCELLANEOUS 62. Power to require persons to furnish information or produce documents 63. Dissemination and publication of certain information, & c. 64. Delegation 65. Effect of this Act on State and Territory laws 66. Minister to table statement with annual report of the Commission 67. Regulations NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985 - LONG TITLE
An Act to establish the National Occupational Health and Safety Commission, and for related purposes NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985 - PART I PART I - PRELIMINARY
NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985 - SECT 1 Short title
(Assented to 27 May 1985) 1. This Act may be cited as the National Occupational Health and Safety Commission Act 1985. (Minister's second reading speech made in- House of Representatives on 24 April 1985; Senate on 13 May 1985) NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985 - SECT 2 Commencement
2. This Act shall come into operation on a day to be fixed by Proclamation.
NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985 - SECT 3 Interpretation
3. In this Act, unless the contrary intention appears - "adviser" means a person appointed under sub-section 40 (1) to advise a Commissioner; "aircraft" means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include an air-cushion vehicle; "appoint" includes re-appoint; "Australia", when used in a geographical sense, includes the external Territories; "Australian aircraft" means an aircraft that is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft; "Australian vessel" means - (a) a vessel that is in Australian control; (b) a vessel that is registered under the Shipping Registration Act 1981; or (c) a vessel that is not so registered but is permitted to be so registered (other than a vessel that, under the law of another country, is entitled to fly the flag of that country and is flying that flag); "award" includes a determination or other instrument making provision with respect to terms and conditions of employment, being a determination or instrument of a kind similar to an award; "Chairperson" means the Chairperson of the Commission; "Commission" means the National Occupational Health and Safety Commission established by this Act; "Commissioner" means a Commissioner appointed under sub-section 40 (1); "disease" includes any physical or mental ailment, disorder, defect or morbid condition whether of sudden onset or gradual development and whether of genetic or other origin; "Executive" means the Executive established by section 20; "Fund" means the National Occupational Health and Safety Research Fund established by section 58; "in Australian control" means in the control or possession of one or more of the following: (a) the Commonwealth (including an arm of the Defence Force) or a State or Territory; (b) an authority of the Commonwealth; (c) a corporation established for a purpose of a State or Territory by or under a law in force in that State or Territory; (d) any other corporation in which a State or Territory, or a corporation referred to in paragraph (c), has a controlling interest; "injury" means any physical or mental injury; "inquiry" means an inquiry conducted pursuant to a direction under sub-section 39 (1); "Institute" means the National Institute of Occupational Health and Safety referred to in sub-section 29 (1); "international instrument" includes a declaration, proclamation or
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statement adopted or made (whether by the passing of a resolution, the issuing of an instrument or otherwise) by an international organization; "member" means a member of the Commission, and includes the Chairperson; "member of the staff of the Commission" means - (a) a member of the staff referred to in sub-section 53 (1); (b) a person engaged as an employee or a consultant under section 55; or (c) a person whose services are being made available to the Commission in accordance with arrangements under sub-section 54 (1), (2) or (3); "Minister", in relation to the Northern Territory, means a person holding Ministerial office under section 36 of the Northern Territory (Self-Government) Act 1978; "national standards and codes of practice" means national standards and codes of practice declared under Part VI;