Mines Legislation (Resources Safety) Amendment Bill 2018 (Qld)

An Act to amend the Coal Mining Safety and Health Act 1999, the Coal Mining Safety and Health Regulation 2017, the Mining and Quarrying Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Regulation 2017 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Mines Legislation (Resources Safety) Amendment Act 2018.

2 Commencement Sections 17 and 47, to the extent it inserts new sections 308 and 309, commence on a day to be fixed by proclamation.

Part 2 Amendment of Coal Mining Safety and Health Act 1999

3 Act amended This part amends the Coal Mining Safety and Health Act 1999.

4 Amendment of s 7 (How objects are to be achieved) Section 7(k), 'of coal mine workers'— omit, insert— and health surveillance of persons who are, will be or have been coal mine workers

5 Amendment of s 33 (Obligations for safety and health) Section 33— insert— (3) If a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also safety and health obligations).

6 Replacement of s 34 (Discharge of obligations) Section 34— omit, insert—

34 Discharge of obligations A person on whom a safety and health obligation is imposed must discharge the obligation. Maximum penalty— (a) if the contravention caused multiple deaths— (i) for an offence committed by a corporation—30,000 penalty units; or (ii) for an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or (iii) otherwise—3,000 penalty units or 3 years imprisonment; or (b) if the contravention caused death or grievous bodily harm— (i) for an offence committed by a corporation—15,000 penalty units; or (ii) for an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or (iii) otherwise—1,500 penalty units or 2 years imprisonment; or (c) if the contravention caused bodily harm— (i) for an offence committed by a corporation—7,500 penalty units; or (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year's imprisonment; or (iii) otherwise—750 penalty units or 1 year's imprisonment; or (d) if the contravention involved exposure to a substance that is likely to cause death or grievous bodily harm— (i) for an offence committed by a corporation—7,500 penalty units; or (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year's imprisonment; or (iii) otherwise—750 penalty units or 1 year's imprisonment; or (e) otherwise— (i) for an offence committed by a corporation—5,000 penalty units; or (ii) for an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or (iii) otherwise—500 penalty units or 6 months imprisonment.