Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:10:p7
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 10 (pt 7/13)
Character Range: 80964–83739

member of the workforce who is under the person's control to be exposed to a level of noise that exceeds the noise exposure standard if:
 (a) noise exposure is managed in a manner consistent with the provisions of the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009 (2004)], published by the Australian Safety and Compensation Council, as existing from time to time; and
 (b) after allowing for the protection offered by hearing protectors, the level of noise exposure is less than:
 (i) an LAeq,8h, of 85dB(A); or
 (ii) an LC,peak, of 140dB(C).
 (4) Paragraph (3)(b) applies despite the wording of the noise exposure standard.
 (5) An offence against subregulation (2) is an offence of strict liability.
 (6) It is a defence to a prosecution for an offence against subregulation (2) that the level of noise to which the member of the workforce is exposed, is in accordance with an exemption given by NOPSEMA under regulation 3.7.
 (7) In this regulation:
noise exposure standard means the noise exposure standard set out in the National Standard for Occupational Noise [NOHSC: 1007(2000)] published by the Australian Safety and Compensation Council, as existing from time to time.

3.7  Exemptions from hazardous substances and noise requirements
 (1) This regulation applies to:
 (a) an operator; or
 (b) an employer; or
 (c) another person in control of:
 (i) a facility; or
 (ii) a part of a facility; or
 (iii) particular work carried out at a facility.
 (2) A person mentioned in subregulation (1) may apply to NOPSEMA for an exemption from compliance with subregulation 3.4(2), 3.5(2) or 3.6(2).
 (3) NOPSEMA may grant an exemption if it considers that, in specified circumstances, compliance is not practicable.
 (4) NOPSEMA may specify conditions and limitations on an exemption.

Part 2—Election of health and safety representatives

Division 1—Returning officer

3.8  Appointment of returning officer
 (1) If, under subclause 26(3) of Schedule 3 to the Act, an operator is required to conduct an election, or arrange for the conduct of an election, the operator must nominate a person to act as the returning officer for the election.
 (2) The operator must notify NOPSEMA of the nomination.
 (3) NOPSEMA may:
 (a) approve the nomination and appoint the nominee as returning officer; or
 (b) appoint another person as returning officer.

Division 2—The poll

3.9  Number of votes
  Each person eligible to vote in an election is entitled to one vote only in the election.

3.10  Right to secret ballot
  A person eligible to vote in an election may request the returning officer for the election to conduct the poll for the election by secret ballot.

3.11  Conduct of poll by secret ballot
 (1) As soon as practicable