Document ID: chunk:federal_register_of_legislation:C2015C00248:section:109
Version: federal_register_of_legislation:C2015C00248
Segment Type: section
Provision Reference: s 109
Character Range: 105790–108113

109  Codes of practice
 (1) For the purpose of providing practical guidance to operators, the Minister may approve codes of practice prepared by the Authority or any other body and may amend or revoke any code of practice so approved.
 (2) Without limiting the generality of the matters that may be included in codes of practice prepared by the Authority, the Authority must, in respect of each advisory standard or code declared after this subsection commences, as soon as practicable after that advisory standard or code is declared, incorporate in a code of practice prepared by the Authority for Ministerial approval under this section that advisory standard or code to the extent that:
 (a) it has not been incorporated in regulations; and
 (b) it is capable of relating to employment in the maritime industry.
 (3) A code of practice incorporating a document (other than an advisory standard or code) that is prepared by a body may incorporate that document as in force at the time the code of practice is approved or as amended by the body from time to time.
 (4) If the Minister approves or amends a code of practice (including such a code as previously amended by the Minister), the code, as so approved or amended, may be expressed by the Minister:
 (a) to apply generally; or
 (b) to apply only to occupational health and safety matters in an area that is, or among employees who are, specified by the Minister in the instrument of approval.
 (6) A code of practice, or a variation or revocation of a code of practice, that is approved by the Minister is a legislative instrument made by the Minister on the day on which he or she approves the code, variation or revocation.
 (7) The Inspectorate must, at all times, ensure that there is available for inspection at the offices of the Inspectorate an up‑to‑date copy of each document that is incorporated in a code of practice under subsection (3).
 (8) A person is not liable to any civil or criminal proceedings because the person has failed to observe a provision of a code of practice approved by the Minister.
 (9) In this section:
advisory standard or code means a national standard, or a code of practice, that is declared by Safe Work Australia under item 2 of Schedule 3 to the Safe Work Australia (Consequential and Transitional Provisions) Act 2008.