Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p17
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 17/28)
Character Range: 195563–198347

4.24A.

Strict liability offence
 (3) A person commits an offence of strict liability 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.

4.24A  NOPSEMA must accept or reject a start‑up notice
 (1) Subject to section 4.24B, if NOPSEMA receives a start‑up notice under section 4.24AA, NOPSEMA must accept or reject the start‑up notice within:
 (a) 28 days after receiving the start‑up notice; or
 (b) another period agreed between NOPSEMA and the diving contractor.
 (2) In making a decision under subsection (1), NOPSEMA must take into account the following matters:
 (a) whether the start‑up notice meets the requirements of the definition of start‑up notice in section 4.24;
 (b) whether all the activities covered by the start‑up notice are consistent with the DSMS and the diving project plan for the diving project to which the start‑up notice relates.
 (3) As soon as practicable after making a decision under subsection (1), NOPSEMA must:
 (a) in writing, notify the operator of the facility in connection with the diving project or the diving contractor, as applicable, of its decision; and
 (b) if the decision is to reject the start‑up notice—include the reasons for its decision in the notice under paragraph (a).

4.24B  NOPSEMA may request further information
 (1) If the operator of a facility in connection with a diving project, or a diving contractor for a diving project, gives a start‑up notice under section 4.24AA to NOPSEMA, NOPSEMA may, within 14 days of receiving the start‑up notice, request the operator or contractor (as applicable) to provide further written information about any matter that NOPSEMA requires to properly consider the start‑up notice.
 (2) The request must:
 (a) be in writing; and
 (b) set out each matter for which information is requested; and
 (c) specify a reasonable period within which the information is to be provided.

Time does not run under section 4.24A while further information being sought
 (3) If NOPSEMA requests further information under subsection (1), a day is not to be counted for the purposes of subsection 4.24A(1) if it is:
 (a) on or after the day NOPSEMA requested the information; and
 (b) on or before the day on which NOPSEMA receives the last of the information requested.
 (4) NOPSEMA must reject a start‑up notice if the operator, or contractor, as applicable, fails to comply with a request under subsection (1) of this subsection.

4.24C  Withdrawal of acceptance of start‑up notice if diving has not commenced
 (1) NOPSEMA may, by written notice given to the operator of a facility in connection with a diving project, or a