Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p13
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 13/19)
Character Range: 139187–141951

table in Part 3 of Schedule 1.

3.6  Exposure to noise
 (1) This section applies to the following persons:
 (a) the operator of a facility;
 (b) an employer;
 (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 to whom this section applies must not allow a member of the workforce at the facility who is under the person's control to be exposed to a level of noise that is in excess of either of the 2 noise exposure limits (see subsections (6) and (7)).

Strict liability offence
 (3) A person commits an offence of strict liability if the person contravenes subsection (2).
Penalty: 100 penalty units.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty: 1,000 penalty units.
 (5) Subsections (3) and (4) do not apply if the level of noise to which the member of the workforce is exposed is in accordance with an exemption given by NOPSEMA under section 3.7.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.

Noise exposure limits
 (6) The first noise exposure limit is LAeq,8h of 85 dB(A).
 (7) The second noise exposure limit is LC,peak of 140 dB(C).
 (8) For the purposes of subsection (6), the LAeq,8h is the eight‑hour equivalent continuous A‑weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure), as in force from time to time.
 (9) For the purposes of subsection (7), the LC,peak is the C‑weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure), as in force from time to time.

3.7  Exemptions from hazardous substances and noise requirements
 (1) This section applies to the following persons:
 (a) the operator of a facility;
 (b) an employer;
 (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 to whom this section applies may, in writing, apply to NOPSEMA for an exemption from compliance with subsection 3.4(2), 3.5(2) or 3.6(2).
 (3) NOPSEMA may grant an exemption if it considers that, in specified circumstances:
 (a) compliance is not practicable; and
 (b) technical and control measures to reduce any risk arising from non‑compliance to as low as is reasonably practicable are in place or will be implemented.
 (4) An exemption granted under this section