Document ID: chunk:federal_register_of_legislation:C2024A00043:clause:1_78f
Version: federal_register_of_legislation:C2024A00043
Segment Type: clause
Provision Reference: sch 1 cl 78F
Character Range: 46456–48512

78F  OHS inspections on dive vessels—OHS prohibition notices (notification, display and compliance)

Scope
 (1) This clause applies if a NOPSEMA inspector issues an OHS prohibition notice to a person (the responsible person) under clause 78E in relation to a threat to health or safety that is directly related to diving operations.

Notification to interested persons
 (2) The inspector must, as soon as practicable after issuing the notice, take reasonable steps to give a copy of the notice to:
 (a) if the only responsible person for the notice is the diving contractor—the diving supervisor; and
 (b) if the only responsible person for the notice is the diving supervisor—the diving contractor; and
 (c) in any case—the master of the dive vessel and the operator of the facility to which the diving operations relate; and
 (d) if the notice relates to any plant, substance or thing that is owned by a person other than a person mentioned in paragraph (a), (b) or (c)—that owner.

Display of notice
 (3) The responsible person for the notice must cause a copy of the notice to be displayed in a prominent place on the dive vessel at or near the particular place on the vessel at or from which work or activities that are affected by the notice are taking place.

Inadequate action in response to notice
 (4) If a NOPSEMA inspector is satisfied that action taken by the responsible person to remove the threat to health or safety is not adequate, the inspector must inform the responsible person accordingly.
 (5) In making a decision under subclause (4), a NOPSEMA inspector may exercise such of the powers of a NOPSEMA inspector conducting an OHS inspection as the inspector considers necessary for the purposes of making the decision.

When notice ceases to have effect
 (6) The notice ceases to have effect in relation to a responsible person when a NOPSEMA inspector notifies the responsible person that the inspector is satisfied that the responsible person, or another person, has taken adequate action to remove the threat to health or safety.