Document ID: chunk:federal_register_of_legislation:C2024A00043:clause:1_78e:p1
Version: federal_register_of_legislation:C2024A00043
Segment Type: clause
Provision Reference: sch 1 cl 78E (pt 1/2)
Character Range: 43600–46231

78E  OHS inspections on dive vessels—OHS prohibition notices (issue)

When a notice may be issued
 (1) A NOPSEMA inspector may issue a notice (an OHS prohibition notice), in writing, under this clause if, in conducting an OHS inspection on a dive vessel, the inspector is satisfied on reasonable grounds that:
 (a) either:
 (i) an activity is occurring on, or near, the vessel that involves an immediate threat to the health or safety of a person; or
 (ii) an activity may occur on, or near, the vessel that, if it occurred, would involve an immediate threat to the health or safety of a person; and
 (b) the threat is directly related to the diving operations being carried out on or from the vessel; and
 (c) it is reasonably necessary to issue the notice in order to remove the threat.
Note: The notice will be published on NOPSEMA's website (see clause 80AA).

Responsible person for the notice
 (2) The notice may be issued to either or both of the following persons (the responsible person):
 (a) the diving contractor for the diving operations being carried out on or from the dive vessel;
 (b) the diving supervisor for those diving operations.

Contents of notice
 (3) The notice must:
 (a) specify the activity mentioned in subparagraph (1)(a)(i) or (ii); and
 (b) set out the reasons for the inspector's satisfaction about the circumstances mentioned in subparagraph (1)(a)(i) or (ii); and
 (c) direct the responsible person for the notice to:
 (i) ensure that the activity is not conducted; or
 (ii) ensure that the activity is not conducted in a specified manner.
 (4) For the purposes of subparagraph (3)(c)(ii), a specified manner may relate to any one or more of the following:
 (a) any part of the vessel at which the activity is not to be conducted;
 (b) any chamber or other environment in which the activity is not to be conducted;
 (c) any plant, substance or thing that is not to be used in connection with the activity;
 (d) any procedure that is not to be followed in connection with the activity.
 (5) The notice may specify action that may be taken to satisfy a NOPSEMA inspector that adequate action has been taken to remove the threat to health or safety.

Offence
 (6) A person commits an offence if:
 (a) the person is subject to an OHS prohibition notice issued under this clause; and
 (b) the person omits to do an act; and
 (c) the omission breaches the notice.
Penalty for contravention of subclause (6): 600 penalty units.

Continuing offences
 (7) A person who commits an offence against subclause (6) commits a separate offence in respect of each day (including a day of a conviction under this