Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Workplace Health and Safety Amendment
WORKPLACE HEALTH AND SAFETY
AMENDMENT BILL 2000
EXPLANATORY NOTES
GENERAL OUTLINE
Short title of the Bill
Workplace Health and Safety Amendment Bill 2000.
Objective of the Bill
The objective of this Bill is to clarify beyond doubt the regulatory power
to prescribe fees and to validate the collection of fees since 1 February 1998.
Reasons for the Bill
Fees are payable under the Workplace Health and Safety Act 1995 for a
range of matters, including registration of workplaces, plant and plant
design registrations, and for notification of certain building and construction
work. The ability to prescribe fees by regulation under the current wording
of the Act has been questioned. This amendment seeks to clarify this issue.
In August 1997, the previous Government introduced an amendment to
the Workplace Health and Safety Act 1995. Among other things, this
amendment re-drafted the regulation-making power under the Act. The
previous regulation-making power specifically listed a number of matters
about which regulations could be made, including fees. The 1997
amendment provided that a regulation could deal with a number of things,
including administrative matters. It is my understanding that this was done
as a convenience to replace a long list of matters for which a regulation
could be made under the Act. This new regulation-making power did not
specifically refer to fees.
2
Workplace Health and Safety Amendment
However, the power to impose fees was always contemplated as being
included in "administrative matters" and it was always intended to continue
to provide for fees to be prescribed by regulation. The former Minister, in
his Second Reading speech, certainly made no mention of the Bill's
intention to depart from the practice of prescribing fees by regulation, and
indeed the relevant section of the Act cites as an example, the registration of
registrable plant and the notification of construction work as matters for
which a regulation could be made. Both of these processes have attracted a
fee under Queensland legislation for many years.
Achieving the objective
It is essential that there be absolutely no doubt about the Act's capacity to
allow for fees to be prescribed by regulation for these matters. In order to
achieve this certainty, the Bill enacts a minor amendment to section 38 of
the Workplace Health and Safety Act 1995 to make it clear that a regulation
may provide for fees to be prescribed under the Act and that the collection
of fees since 1 February 1998 has been valid.
Alternatives to the Bill
There are no alternatives to the Bill.
Administrative cost to Government
There is no cost to Government.
Consistency with fundamental legislative principles
Since the substance and intention of the Bill are to clarify beyond any
doubt the ability to make regulations prescribing fees, there is no
inconsistency with fundamental legislative principles.
Consultation
The Office of the Queensland Parliamentary Counsel and the Department
of the Premier and Cabinet were consulted.
3
Workplace Health and Safety Amendment
NOTES ON CLAUSES
Short title
Clause 1 sets out the short title of the Bill.
Act amended
Clause 2 specifies that it is the Workplace Health and Safety Act 1995
that is being amended.
Amendment of s 38 (Regulations)
Clause 3 inserts a new subsection 5 into section 38 of the Workplace
Health and Safety Act 1995 providing that a regulation may prescribe fees
payable under the Act. It also inserts a new subsection 6, which provides
that any fees collected under the Act have been done so as validly as if the
Act had always specifically authorised the making of regulations prescribing
fees payable under the Act.
© State of Queensland 2000