Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p12
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 12/28)
Character Range: 183249–186012

4.14, NOPSEMA has asked the operator of the facility in connection with the diving project for a copy of the diving project plan—the operator has not given a copy of the plan to NOPSEMA before the diving commences.

Strict liability offence
 (2) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.

Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 1,000 penalty units.

Part 5—Involvement of divers and members of the workforce

4.18  Involvement of divers and members of the workforce in DSMS and diving project plan

Developing or revising a DSMS
 (1) In developing or revising a DSMS, a diving contractor must ensure that there is effective consultation with, and participation of, divers and other members of the workforce who will, or may, be working on diving projects for which the DSMS would be appropriate.

Developing or revising a diving project plan
 (2) In developing or revising a diving project plan for a diving project, a diving contractor must ensure that there is effective consultation with, and participation of, divers and other members of the workforce who will, or may, be working on the diving project.
 (3) When submitting a DSMS to NOPSEMA for acceptance, the diving contractor must set out, in writing, details of the consultation and participation that has taken place, including:
 (a) details of any submissions or comments made during the consultation or participation; and
 (b) details of any changes that have been made to the DSMS as a result of the consultation or participation.

Part 6—Safety responsibilities

4.19  Safety responsibilities of diving contractors
 (1) A diving contractor must take all necessary steps to provide and maintain a working environment (including equipment and systems of work) that reduces risks to the health and safety of divers and other members of the workforce to a level that is as low as reasonably practicable.
 (2) A diving contractor must take all necessary steps to ensure that a diving operation for which the diving contractor is responsible is carried out in a way that complies with:
 (a) the accepted DSMS for the diving project; and
 (b) the diving project plan approved under section 4.12 or accepted under section 4.13, as the case requires.

Offence
 (3) A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: 100 penalty units.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 1,000 penalty units.

4.20  Safety in the diving area
 (1) At each place of diving, before the beginning of a diving operation included in a