Safety in Recreational Water Activities Act 2011

Subsection (2) applies to a workplace health and safety undertaking—

made under part 5 of the repealed Act; and

made for an alleged contravention of the repealed Act relating to recreational water activities health and safety; and

in force immediately before the repeal of the part.

Part 5 of the repealed Act and any other provision of the repealed Act relevant to the operation of part 5 of the repealed Act continue to apply in relation to the undertaking as if they had not been repealed.

However, for subsection (2), sections 42F, 42H and 42I of the repealed Act, as they existed before the repeal of part 5 of the repealed Act, apply as if a reference to the chief executive were a reference to the regulator.

Also, the undertaking continues in force with necessary changes, in relation to an act or omission of the identified person happening after the repeal of part 5 of the repealed Act, as if it were an undertaking accepted by the regulator under applied WHS section 216(1) to the extent to which the future behaviour assurance is material to compliance with this Act.

Subsection (4) does not apply to an act or omission that constitutes a category 1 offence.

Subsections (7) and (8) apply if, immediately before the repeal of the repealed Act—

the chief executive has received an undertaking under section 42DA of the repealed Act; and

the undertaking is for an alleged contravention of the repealed Act relating to recreational water activities health and safety; and

the chief executive has not made a decision whether to accept the undertaking under section 42E of the repealed Act.

The chief executive must decide whether or not to accept the undertaking.

If the chief executive accepts the undertaking, subsections (2) to (5), (9) and (12) apply to the undertaking.

For subsection (4), a reference—

in the undertaking to the alleged contravention; or

in the future behaviour assurance to a contravention of the repealed Act;

is taken to include a reference to an alleged contravention or contravention of this Act that corresponds to those contraventions.

Note—

Paragraph (a) is relevant to the continued operation of section 42F as it existed before the amendment. Paragraph (b) is relevant if future behaviour is expressed in terms of contraventions of particular sections of the repealed Act.

Despite subsections (1) to (9), the regulator may accept a recreational water activity health and safety undertaking under applied WHS part 11 for an alleged contravention of the repealed Act relating to recreational water activities health and safety.

For subsection (10), a reference in applied WHS part 11 to this Act is taken to include a reference to the repealed Act.

In this section—

alleged contravention of the repealed Act relating to recreational water activities health and safety means an alleged contravention constituted by an act or omission that, if it happened after the commencement of this Act, would be a contravention of this Act.

future behaviour assurance is the assurance about future behaviour from the identified person included in the workplace health and safety undertaking.

identified person means the identified person for the undertaking.