Commonwealth Consolidated Acts

OHS AND SRC LEGISLATION AMENDMENT ACT 2006 - SCHEDULE 2

Part   1 -- Amendments

Safety, Rehabilitation and Compensation Act 1988

1   Subsection 4(1) (at the end of the definition of Commonwealth authority )

Add:

Note:   For the purposes of the provisions relating to regulatory contributions under Division   4A of Part   VII, Commonwealth authority has an extended meaning--see section   96.

2   Before section   97

Insert:

96   Extended meaning of Commonwealth authority for purposes of regulatory contributions

    For the purposes of section   97D, and the other provisions of this Division as they apply in relation to regulatory contributions under that section, a body that would not otherwise be a Commonwealth authority for the purposes of this Act is taken to be such an authority if it is a Commonwealth authority for the purposes of the Occupational Health and Safety (Commonwealth Employment) Act 1991 .

3   Application of amendments

The amendments made by this Part apply in relation to regulatory contributions for the financial year starting on the day on which this Part commences and later financial years.

Part   2 -- Validation provisions

4   Definitions

In this Part:

Comcare has the same meaning as it has in the SRC Act.

Commission has the same meaning as it has in the SRC Act.

OHS Act means the Occupational Health and Safety (Commonwealth Employment) Act 1991 .

SRC Act means the Safety, Rehabilitation and Compensation Act 1988 .

Note:   Unless otherwise indicated, references in this Part to the SRC Act are references to that Act as amended by the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 .

5   Validation of regulatory contributions purportedly determined for certain bodies

(1)   This item applies if:

  (a)   during a period, being all or part of the financial year starting on 1   July 2002, a body was a Commonwealth authority for the purposes of the OHS Act but was not a Commonwealth authority for the purposes of the SRC Act; and

  (b)   Comcare has purported to make a determination under section   97D of the SRC Act of an amount of regulatory contribution to be paid by the body in respect of that financial year; and

  (c)   the body has paid that amount to Comcare.

(2)   The determination referred to in paragraph   (1)(b), and any other steps taken by Comcare or the body in relation to the determination, are taken to be, and always to have been, as valid as they would have been if the body had been a Commonwealth authority for the purposes of the SRC Act during the period referred to in paragraph   (1)(a).

6   Validation of licence fees purportedly notified to certain bodies

(1)   This item applies if:

  (a)   during a period, being all or part of the financial year starting on 1   July 2002, a body held a licence under Part   VIIIB of the SRC Act as continued in force (despite its repeal) by item   50 of Schedule   2 to the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 ; and

  (b)   the Commission has purported to make a notification under section   104A of the SRC Act of an amount of licence fee to be paid by the body in respect of that financial year; and

  (c)   the body has paid that amount to Comcare.

(2)   The notification referred to in paragraph   (1)(b), and any other steps taken by the Commission, Comcare or the body in relation to the notification, are taken to be, and always to have been, as valid as they would have been if the body had held a licence under Part   VIII of the SRC Act during the period referred to in paragraph   (1)(a).