Australian Capital Territory Numbered Acts

WORK HEALTH AND SAFETY AMENDMENT ACT 2021 (NO. 19 OF 2021) - SCHEDULE 1

Schedule 1     Consequential amendments

(see s 3)

Part 1.1     Bail Act 1992

[1.1]     Schedule 1, part 1.1, items 3 and 4

omit

[1.2]     Schedule 1, new part 1.7

insert

Part 1.7     Offence against Work Health and Safety Act 2011

column 1 item	column 2 provision	column 3 description of offence
1	34A	industrial manslaughter

Part 1.2     Crimes Act 1900

[1.3]     Section 7A, note 1

omit

              •     s 49C (Industrial manslaughter—employer offence)

              •     s 49D (Industrial manslaughter—senior officer offence)

[1.4]     Part 2A

omit

[1.5]     Dictionary, definitions of agent and causes

omit

[1.6]     Dictionary, definition of conduct

substitute

"conduct", for part 13 (Unfitness to plead and mental impairment)—see the Criminal Code

, section 13.

[1.7]     Dictionary, definitions

omit the definitions of

death

employee

employer

government

government entity

independent contractor

[1.8]     Dictionary, definition of officer

substitute

"officer", in relation to a body corporate or public company, includes a person who has been appointed or who acts as an auditor of the body corporate or public company.

[1.9]     Dictionary, definitions

omit the definitions of

outworker

provide services

senior officer

serious harm

volunteer

worker

Part 1.3     Crimes (Sentence Administration) Act 2005

[1.10]     Section 161B, definition of serious violent offence, par (a)

substitute

        (a)     either of the following provisions punishable by a maximum term of imprisonment of 10 years or more:

              (i)     the Crimes Act 1900

, part 2 (Offences against the person);

              (ii)     the Work Health and Safety Act 2011

, section 34A (Industrial manslaughter); or

Part 1.4     Supreme Court Act 1933

[1.11]     Schedule 2, section 2.1, new definition of Work Safety Act

before the note, insert

"Work Safety Act "means the Work Health and Safety Act 2011

.

[1.12]     Schedule 2, part 2.2, items 6 and 7

omit

[1.13]     Schedule 2, part 2.2, new item 35

insert

35	Work Safety Act

34A

industrial manslaughter