Work Health and Safety and Other Legislation Amendment Bill 2023 (Qld)

An Act to amend the Safety in Recreational Water Activities Act 2011, the Work Health and Safety Act 2011 and the legislation mentioned in schedule 1 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Work Health and Safety and Other Legislation Amendment Act 2023.

2 Commencement The following provisions commence on a day to be fixed by proclamation— • part 2, division 3 • part 3, division 3 • part 4 • schedule 1.

Part 2 Amendment of Safety in Recreational Water Activities Act 2011

Division 1 Preliminary

3 Act amended This part amends the Safety in Recreational Water Activities Act 2011.

Division 2 Amendments commencing on assent

4 Insertion of new ss 42A and 42B After section 42— insert—

42A Insurance or other indemnity against penalties (1) A person must not, without reasonable excuse— (a) enter into a contract of insurance or other arrangement that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act; or (b) provide a contract of insurance or an indemnity for a liability for all or part of a monetary penalty under this Act; or (c) take the benefit of a contract of insurance or other arrangement, or an indemnity, that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act. Maximum penalty—500 penalty units. (2) Subsection (1) places an evidential burden on the accused to show a reasonable excuse. (3) A term of a contract of insurance or other arrangement, or an indemnity, is void to the extent it purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act. Note— For the application of this section, see section 54.