Document ID: chunk:federal_register_of_legislation:C2004A04298:body:0:p18
Version: federal_register_of_legislation:C2004A04298
Segment Type: other
Provision Reference: 
Character Range: 46305–49638

105 during the period to which the report relates".

Section 96:

Omit "1991", substitute " 1992".

Subsection 96A(2) (definition of "Estimated liability"):

Omit "the Commission's", substitute "Comcare's".

Subsections 96C(1) and 96C(4):

Omit the subsections.

Section 96E:

Repeal the section.

Subsection 96J(1):

Omit "the Minister", substitute "Comcare".

Division 5 of Part VII:

Repeal the Division.

Subsection 107(1):

    (a) Omit "90(3)(b)", substitute "89S(2)(c)".

    (b) Omit "Chief Executive Officer" (wherever occurring), substitute "Commission".

____________

 SCHEDULE 2 Subsection 19(2)

AMENDMENTS OF THE OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991

Subsection 5(1) (definition of "annual report of the Commission"):

Omit the definition.

Subsection 5(1) (definition of "Commission"):

Omit "68", substitute "89A".

Subsection 5(1):

Insert:

" 'annual report of Comcare' means the annual report of Comcare under section 63M of the Audit Act 1901 as applied by section 90 of the Commonwealth Employees Rehabilitation and Compensation Act 1988;

'annual report of the Commission' means the annual report of the Commission under section 89S of the Commonwealth Employees' Rehabilitation and Compensation Act 1988;

'Comcare' means the body corporate established by section 68 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988;

'member', in relation to the Commission, has the additional meaning given in subsection (3A);".

After subsection 5(3):

Insert:

"(3A) A reference in this Act to a member of the Commission includes a reference to the Chief Executive Officer appointed under section 74 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988.".

Subsection 12(1):

Omit "69(g)", substitute "89B(c)".

After section 12:

Insert:

Functions conferred on Comcare

"12A.(1) The additional functions conferred on the Commission under paragraph 12(1)(a) do not include the specific functions conferred on Comcare under this Act.

"(2) The Minister may, in writing, give a direction to Comcare with respect to the performance of its functions and the exercise of its powers under this Act.

"(3) Comcare must comply with a direction given under this section.".

SCHEDULE 2—continued

Section 39:

Omit "its staff", substitute "the Commission".

Subsection 40(2):

Omit "The Commission", substitute "Comcare".

Paragraph 40(2)(a):

Omit "the Commission", substitute "Comcare".

Paragraph 40(3)(a):

Omit "the Commission", substitute "Comcare".

Paragraph 40(3)(b):

Omit "the Commission", substitute "Comcare".

Subsection 40(5):

Omit "the Commission", substitute "Comcare".

Subsection 40(6):

Omit "the Commission", substitute "Comcare".

Subsection 41(1):

Omit "the Commission", substitute "Comcare".

Subsection 41(2):

Omit "staff of the Commission", substitute "staff of Comcare".

Subsection 41(3):

Omit "staff of the Commission", substitute "staff of Comcare".

Paragraph 75(b):

Omit the paragraph.

After section 75:

Insert:

Annual report of Comcare

"75A. The annual report of Comcare in respect of a financial year must include:

    (a) details of all prosecutions instituted under this Act and the regulations during the year; and

    (b) particulars of any directions given by the Minister to Comcare under subsection 12A(2)