Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p23
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 23/28)
Character Range: 210569–213419

(i) details of any emergency or incident;
 (j) anything else relevant to the diver's health or safety.

Chapter 5—Compliance and Enforcement

Part 1—Preliminary

5.1  Simplified outline of this Chapter

      The civil penalty provisions of this instrument are enforceable under Part 4 of the Regulatory Powers Act. The strict liability offence provisions of this instrument are subject to infringement notices under Part 5 of the Regulatory Powers Act.
      The provisions of this instrument are also enforceable using enforceable undertakings under Part 6 of the Regulatory Powers Act and injunctions under Part 7 of the Regulatory Powers Act.
      The maximum daily penalty for continuing offences and continuing contraventions of civil penalty provisions is 10% of the maximum penalty, or civil penalty, that can be imposed in respect of those offences and contraventions.
Note: This instrument is a listed NOPSEMA law (see the definition of listed NOPSEMA law in section 601 of the Act and regulation 11B.01 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011). This instrument is subject to monitoring under Part 2 of the Regulatory Powers Act, and offences and civil penalty provisions of this instrument are subject to investigation under Part 3 of the Regulatory Powers Act (see, in particular, sections 602C and 602D of the Act).

5.2  Purpose of this Chapter
 (1) This Chapter (except for subsection 5.9(1)) is made for the purposes of section 790A of the Act.
 (2) Section 5.8 is also made for the purposes of section 790 of the Act.
 (3) Subsection 5.9(1) is made for the purposes of section 790 of the Act.

Part 2—Civil penalties

5.3  Civil penalty provisions
  Enforceable civil penalty provisions
 (1) Each civil penalty provision of this instrument is enforceable under Part 4 of the Regulatory Powers Act.
Note:  Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant
 (2) For the purposes of Part 4 of the Regulatory Powers Act, the Chief Executive Officer of NOPSEMA is an authorised applicant in relation to the civil penalty provisions of this instrument.

Relevant court
 (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this instrument:
 (a) the Federal Court;
 (b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) the Supreme Court of a State or Territory.

Part 3—Infringement notices

5.4  Infringement notices

Provisions subject to an infringement notice
 (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
 (a)