Document ID: chunk:federal_register_of_legislation:C2024A00043:clause:1_30:p2
Version: federal_register_of_legislation:C2024A00043
Segment Type: clause
Provision Reference: sch 1 cl 30 (pt 2/2)
Character Range: 19158–20862

with this clause, having regard to the following matters:
 (a) the timing and availability of courses accredited as mentioned in paragraph (2)(a);
 (b) factors affecting when the representative can reasonably undertake the training;
 (c) whether a deputy health and safety representative for the designated workgroup will be able to exercise the powers of a health and safety representative for the group while the training is undertaken;
 (d) if the dispute relates to the reasonable costs of attending the training—such matters as the NOPSEMA inspector considers relevant that may affect whether the costs are reasonable;
 (e) any other matter the NOPSEMA inspector considers relevant.
 (7) The operator of a facility concerned and, if the representative is employed by a person other than the operator, that employer, must:
 (a) allow a health and safety representative to:
 (i) take such time off work as is decided by the NOPSEMA inspector; and
 (ii) attend a course within any period decided by the NOPSEMA inspector; and
 (b) pay any costs decided by the NOPSEMA inspector.

Civil penalty
 (8) A person is liable to a civil penalty if the person contravenes a requirement under subclause (3), (4) or (7).
Civil penalty: 100 penalty units.

Continuing contraventions
 (9) A person who contravenes subclause (3), (4) or (7) 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.
 (10) The maximum civil penalty for each day that a contravention of subclause (3), (4) or (7) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.