Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p9
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 9/19)
Character Range: 129352–132041

comply with a safety requirement of the safety case in force for the facility that applies to the person.
Penalty: 50 penalty units.

2.49  Interference with accident sites
 (1) A person commits an offence of strict liability if:
 (a) any of the following events occur at a facility site:
 (i) an accident that causes the death of, or serious personal injury to, any person;
 (ii) an accident that causes a member of the workforce to be incapacitated from performing work for a period of at least 3 days;
 (iii) a dangerous occurrence; and
 (b) an inspection of the site by a NOPSEMA inspector has not been completed; and
 (c) the person interferes with the site.
Penalty: 50 penalty units.
 (2) Subsection (1) does not apply if:
 (a) the person was acting with the written or oral authority of a NOPSEMA inspector; or
 (b) the person was acting, in a reasonable manner, for any of the following purposes:
 (i) helping or rescuing a sick, injured or endangered person;
 (ii) maintaining the safety of the facility or of persons at the facility;
 (iii) reducing danger to the facility or to persons at the facility;
 (iv) retrieving, or attempting to retrieve, the body of a dead person; or
 (c) the operator of the facility has given NOPSEMA notice of, and a report about, the accident or dangerous occurrence under clause 82 of Schedule 3 to the Act, and a NOPSEMA inspector has not entered the facility where the accident or dangerous occurrence occurred in response to the notice within 3 working days of the operator giving notice to NOPSEMA.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.

Part 9—Miscellaneous

2.50  Details in applications or submissions
 (1) An application or submission (however described) that a person is required or permitted to make or give to NOPSEMA under this instrument must include:
 (a) the person's name; and
 (b) if applicable, the name of the person's agent; and
 (c) the person's or agent's address in Australia; and
 (d) the person's or agent's telephone number and email address.
 (2) If there is a change to any of the details mentioned in subsection (1), the person or agent must notify NOPSEMA in writing as soon as practicable.
 (3) Despite any provision of this instrument, NOPSEMA may delay proceeding with an application or submission until the person or agent has complied with this section.

Part 10—Application of this instrument if a remedial direction is in force

2.51  Application of this instrument if a remedial direction is in force
 (1) This section applies if:
 (a) a direction (a petroleum remedial direction) is in force under section