Document ID: chunk:federal_register_of_legislation:C2004A04386:schedule:2:p1
Version: federal_register_of_legislation:C2004A04386
Segment Type: schedule
Provision Reference: sch 2 (pt 1/5)
Character Range: 60588–63547

Schedule 2

43.(1) Schedule 2 to the Principal Act is amended by omitting:

"Subsection 40(5):

Omit 'the Commission', substitute 'Comcare'.

Subsection 40(6):

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

and substituting:

"Subsection 40(5):

(a) Omit 'The Commission', substitute 'Comcare';

(b) Omit 'the Commission', substitute 'Comcare'.

Subsection 40(6):

Omit 'The Commission', substitute 'Comcare'.".

(2) Schedule 2 to the Principal Act is amended by omitting:

"Subsection 77(3):

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

and substituting:

"Subsection 77(3):

Omit 'The Commission', substitute 'Comcare'.".

PART 5—AMENDMENTS OF THE OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991

Principal Act

44. In this Part, "Principal Act" means the Occupational Health and Safety (Commonwealth Employment) Act 19914.

Interpretation

45. Section 5 of the Principal Act is amended:

    (a) by adding the following word and paragraph at the end of the definition of "Commonwealth authority" in subsection (1):

"or; (c) a body corporate:

              (i) that is incorporated under a law of the Commonwealth or a State or Territory; and

            (ii) in which the Commonwealth has a substantial interest; and

              (iii) that is a body corporate that the Minister, by notice published in the Gazette, has declared to be a Commonwealth authority for the purposes of this Act;";

    (b) by inserting "or (c)" in paragraph (b) of the definition of "Government business enterprise" in subsection (1) after "paragraph (b)";

    (c) by inserting in subsection (1) the following definitions:

" 'principal officer', in relation to a Commonwealth authority, means:

        (a) the person who constitutes, or is acting as the person who constitutes, the authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or

        (b) if the affairs of the authority are administered or managed by a board or other group of persons—the person who is entitled to preside at any meeting of that board or other group at which he or she is present;

    'substantial interest', in relation to a body corporate, means an interest (other than a controlling interest) in the body corporate that enables the person holding the interest to cast, or control the casting of, a number of votes at a general meeting of the body corporate that is equal to or greater than the number of votes which may be cast, or whose casting may be controlled, by any other single person;".

46. After Part 4 of the Principal Act the following Part is inserted:

"PART 4A—RECOVERY OF COST OF ADMINISTERING ACT

"Division 1—Charges for services

Power of Commission to enter into arrangements

"67A.(1) The Commission may enter into an arrangement with the Secretary of a Department, or with the principal officer of a Commonwealth authority,