Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_6
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 6
Character Range: 2192061–2194160

6  Operator must ensure presence of operator's representative

Basic requirements
 (1) The operator of a facility must ensure that, at all times when one or more individuals are present at a facility, there is also present an individual (the operator's representative at the facility) who has day‑to‑day management and control of operations at the facility.
 (2) The operator of a facility must take all reasonably practicable steps to ensure that the name of the operator's representative at the facility is displayed in a prominent place at the facility.

Offence
 (3) A person commits an offence of strict liability if:
 (a) the person is subject to a requirement under subclause (1) or (2); and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: 50 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty
 (4A) A person is liable to a civil penalty if the person contravenes a requirement under subclause (1) or (2).
Civil penalty: 135 penalty units.

Continuing offences
 (4B) A person who commits an offence against subclause (3) commits a separate offence in respect of each day (including a day of a conviction under this clause or any later day) during which the offence continues.
 (4C) The maximum penalty for each day that an offence under subclause (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Continuing contraventions of civil penalty provisions
 (4D) A person who contravenes subclause (4A) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.
 (4E) The maximum civil penalty for each day that a contravention of subclause (4A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Operators who are individuals
 (5) Subclause (1) does not imply that, if the operator is an individual, the operator's representative at the facility may not be, from time to time, the operator.