Clause 3

by inserting, immediately after the words “opposite that occupation” in subsection (1)(b), the words “(referred to in this section as the limitation period for that occupational disease)”;

by inserting, immediately after subsection (1), the following subsections:“(1A) If an employee contracts, on or after the date of commencement of the Work Injury Compensation (Amendment) Act 2011 (referred to in this section as the appointed day), a disease which is not specified in the first column of the Second Schedule but which is directly attributable to an exposure, arising out of and in the course of his employment, to a chemical or biological agent and the incapacity or death of the employee results from that disease, compensation shall be payable as if the disease were a personal injury by accident arising out of and in the course of that employment and all the other provisions of this Act shall apply accordingly, subject to this section.(1B) Subsection (1A) shall apply only if the exposure to a chemical or biological agent commences on or after the appointed day, or commences before and continues on or after the appointed day.”;

by deleting subsection (3) and substituting the following subsection:“(3) No compensation shall be payable by an employer under this section in respect of the incapacity or death of an employee resulting from an occupational disease specified in the first column of the Second Schedule or other disease referred to in subsection (1A) if —

in the case of an occupational disease —

the employee is, on or after the appointed day, employed by the employer in the occupation specified opposite the occupational disease;

the occupational disease is contracted on or after the appointed day; and

the employee’s incapacity commences or his death happens after ceasing to be so employed and after the lapse of the limitation period for that occupational disease; or

in the case of other disease referred to in subsection (1A), the employee’s incapacity commences or his death happens more than one year after the employee ceases to be exposed to the chemical or biological agent referred to in that subsection.”;

by inserting, immediately after the words “occupational disease” in subsections (4), (5) and (6), the words “referred to in subsection (1) or other disease referred to in subsection (1A)”;

by deleting the words “an occupational disease specified in the Second Schedule” in subsection (7) and substituting the words “an occupational disease referred to in subsection (1) or other disease referred to in subsection (1A),”; and

by deleting the section heading and substituting the following section heading:“Compensation for diseases”.