Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p14
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 14/28)
Character Range: 188161–190908

craft.

Strict liability offence
 (5) A person commits an offence of strict liability if the person contravenes subsection (1), (2), (3) or (4).
Penalty: 100 penalty units.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (1), (2), (3) or (4).
Civil penalty: 1,000 penalty units.
Note: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.

Part 7—Diving supervisors

4.22  Appointment of diving supervisors
 (1) A diving contractor responsible for a diving operation must appoint, in writing, one or more diving supervisors to ensure that there is a diving supervisor to supervise all diving included in the diving operation.
Note: Subsection 4.16(3) limits the scope of a diving operation that can be supervised by one diving supervisor.
 (2) A diving contractor must not appoint, as a diving supervisor, a person who is not:
 (a) qualified as a supervisor under ADAS; and
 (b) competent to supervise the diving operation.

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.

4.23  Duties of diving supervisors
 (1) The duties of a diving supervisor for a diving operation are:
 (a) to ensure that the diving operation is carried out:
 (i) as far as reasonably practicable without risk to the health or safety of anybody taking part in the diving operation or of anyone else who may be affected by the diving operation; and
 (ii) in accordance with the law; and
 (iii) in accordance with the accepted DSMS for the operation; and
 (iv) in accordance with the conditions (if any) on acceptance of the DSMS; and
 (v) in accordance with the relevant approved diving project plan for the project; and
 (b) to countersign entries about the diving operation in divers' log books; and
 (c) if there is an operator of a facility in connection with a diving project—to report to the operator, during the diving operation, any of the following:
 (i) the death of, or serious personal injury to, a person;
 (ii) the incapacitation of a person that prevents the person from performing work for 3 or more days;
 (iii) an event that could reasonably have led to a consequence of the type mentioned in subparagraph (i) or (ii);
 (iv) a decompression illness;
 (v) a pulmonary barotrauma;
 (vi) a case of omitted decompression;
 (vii) an occurrence for which a standby diver is deployed for an emergency (except for the purposes of training, exercises or drills);
 (viii) a failure of life support equipment or