Document ID: chunk:federal_register_of_legislation:C2024A00043:clause:1_78c
Version: federal_register_of_legislation:C2024A00043
Segment Type: clause
Provision Reference: sch 1 cl 78C
Character Range: 40533–42403

78C  OHS inspections on dive vessels—OHS do not disturb notices (general)

When a notice may be issued
 (1) A NOPSEMA inspector may issue a notice (an OHS do not disturb notice), in writing, under this clause if, in conducting an OHS inspection on a dive vessel, the inspector is satisfied on reasonable grounds that it is reasonably necessary to issue the notice in order to:
 (a) remove an immediate threat to the health or safety of any person; or
 (b) allow the inspection, examination or measurement of, or the conducting of tests concerning, particular plant, or a particular substance or thing, on the vessel.

Issue of 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) direct the responsible person to take all reasonably practicable steps to ensure that one or more of the following are not disturbed for a period specified in the notice:
 (i) a particular part of the vessel;
 (ii) particular plant, or a particular substance or thing, on the vessel; and
 (b) set out the reasons for the inspector's decision to issue the notice.
 (4) The period specified in the notice must be a period that the inspector is satisfied on reasonable grounds is necessary in order to allow the inspection, examination, measuring or testing to take place.

Renewal of notice
 (5) The notice may be renewed by another notice in the same terms.

Offence
 (6) A person commits an offence if:
 (a) the person is subject to an OHS do not disturb 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): 300 penalty units.