Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_82:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 82 (pt 1/2)
Character Range: 2343978–2346654

82  Notifying and reporting accidents and dangerous occurrences

Duty of operator to notify accidents and dangerous occurrences
 (1) If, at or near a facility, there is:
 (a) an accident that causes the death of, or serious injury to, any individual; or
 (b) an accident that causes a member of the workforce to be incapacitated from performing work for a period prescribed for the purposes of this paragraph; or
 (c) a dangerous occurrence;
the operator must, in accordance with the regulations, give NOPSEMA notice of the accident or dangerous occurrence.
 (2) Regulations made for the purposes of subclause (1) (other than regulations made for the purposes of paragraph (1)(b)) may prescribe:
 (a) the time within which, and the manner in which, notice of an accident or dangerous occurrence is to be given; and
 (b) the form of such a notice.
 (3) Subclause (2) does not limit regulations that may be made for the purposes of subclause (1).
 (4) A person commits an offence of strict liability if:
 (a) the person is subject to a requirement under subclause (1); and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: 250 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.

Duty of operator to report accidents and dangerous occurrences
 (6) If, at or near a facility, there is:
 (a) an accident that causes the death of, or serious injury to, any individual; or
 (b) an accident that causes a member of the workforce to be incapacitated from performing work for a period prescribed for the purposes of this paragraph; or
 (c) a dangerous occurrence;
the operator must, in accordance with the regulations, give NOPSEMA a report about the accident or dangerous occurrence.
 (7) Regulations made for the purposes of subclause (6) (other than regulations made for the purposes of paragraph (6)(b)) may prescribe:
 (a) the time within which, and the manner in which, a report of an accident or dangerous occurrence is to be given; and
 (b) the form of such a report.
 (8) Subclause (7) does not limit regulations that may be made for the purposes of subclause (6).

Offence
 (9) A person commits an offence of strict liability if:
 (a) the person is subject to a requirement under subclause (6); and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: 100 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.

Continuing offences
 (10) A person who commits an offence against subclause (4) or (9) commits a separate offence in respect of each day (including a day of a conviction under that subclause or any later day) during which the