Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe Commonwealth and public authorities
(1) This Act applies in relation to each of the following:
(a) if the Commonwealth is conducting a business or undertaking:
(i) the Commonwealth; and
(ii) an officer of the Commonwealth;
(b) if a public authority is conducting a business or undertaking:
(i) the public authority; and
(ii) an officer of the public authority;
(c) to the extent that a person is a worker and carries out work in any capacity for a business or undertaking conducted by the Commonwealth or a public authority--that person;
(d) to the extent that a person is a worker and is taken to carry out work for a business or undertaking conducted by the Commonwealth or a public authority because of section 7--that person;
(e) if work is carried out by a worker at a place (as defined for the purposes of section 8) for a business or undertaking conducted by the Commonwealth or a public authority--that place;
(f) if work is taken to be carried out by a worker at a place (as defined for the purposes of section 8) for a business or undertaking conducted by the Commonwealth or a public authority because of section 7--that place.
(2) For the purposes of this Act, the administration of the Australian Capital Territory or the Northern Territory is not a business or undertaking conducted by the Commonwealth.
(3) A corresponding WHS law does not apply in relation to the Commonwealth or a public authority.
Non - Commonwealth licensees
(4) During the transitional period for a non - Commonwealth licensee, this Act applies in relation to each of the following:
(a) if the non - Commonwealth licensee is conducting a business or undertaking--the non - Commonwealth licensee;
(b) to the extent that a person carries out work in any capacity for the non - Commonwealth licensee--the person;
(c) if work is carried out at a place (as defined for the purposes of section 8) for a business or undertaking conducted by the non - Commonwealth licensee--that place.
(5) During the transitional period for a non - Commonwealth licensee, a corresponding WHS law does not apply in relation to the non - Commonwealth licensee.
(6) The transitional period for a non - Commonwealth licensee:
(a) begins on the commencement of this Act; and
(b) ends on a day prescribed by the regulations for the non - Commonwealth licensee, or a class of non - Commonwealth licensees of which the non - Commonwealth licensee is a member.
(7) The regulations may make provisions of a transitional, application or saving nature relating to non - Commonwealth licensees.
(8) Without limiting subsection (7), regulations made for the purposes of that subsection may make modifications to the provisions of this Act, the Occupational Health and Safety Act 1991 and any instrument made under this Act or the Occupational Health and Safety Act 1991 .
Concurrent operation
(9) Both this Act and a corresponding WHS law may apply in relation to a worker or a workplace.
Double jeopardy
(10) If a person is convicted of an offence under this Act in relation to an act or omission, the person is not liable to be convicted of the same offence under a corresponding WHS law in relation to the same act or omission.
(11) If a person is convicted of an offence under a corresponding WHS law in relation to an act or omission, the person is not liable to be convicted of the same offence under this Act in relation to the same act or omission.
(12) If a monetary penalty is imposed on a person under this Act in relation to an act or omission that contravenes a WHS civil penalty provision, the person is not liable to a monetary penalty under a corresponding WHS law for the contravention of the same WHS civil penalty provision under that law by the same act or omission.
(13) If a monetary penalty is imposed on a person under a corresponding WHS law in relation to an act or omission that contravenes a WHS civil penalty provision, the person is not liable to a monetary penalty under this Act for the contravention of the same WHS civil penalty provision under this Act by the same act or omission.