Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p20
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 20/28)
Character Range: 203242–205994

penalty provision
 (11) A person is liable to a civil penalty if the person contravenes subsection (9).
Civil penalty: 1,000 penalty units.

Divers to hold valid medical certificates—diving supervisor responsibility
 (12) A diving supervisor for a diving operation commits an offence of strict liability if:
 (a) the diving supervisor allows a person to dive in the diving operation; and
 (b) the person does not have a valid medical certificate.
Penalty: 20 penalty units.
Note: The meaning of valid medical certificate is explained in section 4.26.

Exceptions
 (13) Subsections (5), (8), (9) and (12) do not apply if the person:
 (a) is diving in a manned submersible craft; or
 (b) is diving to provide emergency medical care to an injured person in a chamber.
Note: A defendant bears an evidential burden in relation to the matter in subsection (13), see subsection 13.3(3) of the Criminal Code.

4.26  Medical certificates
  A diver's medical certificate is valid if:
 (a) it certifies that, at the time it was given, the diver was fit to dive in accordance with the fitness requirements in AS/NZS 2299; and
 (b) it is not more than one year old; and
 (c) the medical practitioner who issued it:
 (i) is accredited by the South Pacific Underwater Medicine Society, the Health and Safety Executive of the United Kingdom or the Underwater Hyperbaric Medicine Society; or
 (ii) has completed an appropriate course of training conducted by the Royal Australian Navy or the Royal Adelaide Hospital; or
 (iii) has been approved under the ADAS; and
 (d) before issuing it, the medical practitioner examined the diver in accordance with the Schedule of Minimum Examination Requirements in AS/NZS 2299; and
 (e) immediately after the examination, the medical practitioner entered the details set out in the certificate in the diver's log book.

Part 10—Records

4.27  Diving operations record

Diving supervisor must maintain diving operations record
 (1) A diving supervisor for a diving operation commits an offence of strict liability if the diving supervisor does not ensure that a diving operations record for the operation is maintained in the form required by subsections (2) and (3).
Penalty: 50 penalty units.

Form of diving operations record
 (2) A diving operations record:
 (a) must be kept in a hard‑covered form bound in such a way that its pages cannot easily be removed; or
 (b) if it is in a form that has multiple copies of each page, must be bound so that at least one copy of each page cannot easily be removed.
 (3) The pages of a diving operations record must be serially numbered.

Diving supervisor must make entries in diving operations record for each day of diving
 (4) The diving supervisor for a diving operation commits an