Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p8
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 8/28)
Character Range: 173424–176125

offence
 (5) A person commits an offence of strict liability if the person contravenes subsection (4).
Penalty: 50 penalty units.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 500 penalty units.

4.11  Notice to revise DSMS
 (1) NOPSEMA may give notice (the revision notice) to a diving contractor to revise a DSMS for a diving project.
 (2) The revision notice must be in writing and must set out:
 (a) the matters to be revised; and
 (b) the time within which the revision must be completed; and
 (c) the reasons why the revision is necessary.
 (3) The diving contractor may make a submission in writing to NOPSEMA, within 21 days after receiving the notice or any longer period that NOPSEMA allows in writing, setting out the diving contractor's reasons for any of the following:
 (a) why the revision is not necessary;
 (b) why the revision should be in different terms from those proposed;
 (c) whether or not the contractor gives other reasons—why the time within which the revision must be completed should be extended.
 (4) If a diving contractor makes a submission under subsection (3), NOPSEMA must, within 28 days after receiving the submission:
 (a) decide whether NOPSEMA accepts the reasons in the submission; and
 (b) give the diving contractor notice in writing affirming, varying or withdrawing the revision notice; and
 (c) if NOPSEMA decides not to accept the reasons or any part of them—set out in the notice the grounds for not accepting them.
 (5) If NOPSEMA does not withdraw the revision notice, the diving contractor must revise the DSMS, in accordance with the notice as originally given or as varied under subsection (4), and give it to NOPSEMA.
 (6) If the diving contractor does not revise a DSMS as required by this section to do so, NOPSEMA may withdraw its acceptance of the DSMS.

Strict liability offence
 (7) A person commits an offence of strict liability if the person contravenes subsection (5).
Penalty: 100 penalty units.

Civil penalty provision
 (8) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 1,000 penalty units.

Part 3—Withdrawal of acceptance of DSMS

4.11A  Withdrawing acceptance of a DSMS for a diving project
 (1) NOPSEMA may, by written notice given to the diving contractor for a diving project, withdraw its acceptance of the DSMS for the diving project if:
 (a) the diving contractor has not complied with any of the following:
 (i) a provision of Schedule 3 to the Act;
 (ii) a notice issued by a NOPSEMA inspector under Schedule 3 to the Act;
 (iii) section 4.10 or subsection 4.11(5) of this instrument; or
 (b)