Document ID: chunk:federal_register_of_legislation:C2024A00043:clause:1_113
Version: federal_register_of_legislation:C2024A00043
Segment Type: clause
Provision Reference: sch 1 cl 113
Character Range: 64750–66256

113  After subclause 82(4) of Schedule 3
Insert:

Duty of diving supervisor to notify accidents and dangerous occurrences
 (5) If:
 (a) an accident or dangerous occurrence happens on a vessel at a particular time; and
 (b) the vessel is neither a facility nor an associated offshore place in relation to a facility at that time; and
 (c) the accident or dangerous occurrence is directly related to diving operations relating to the construction, installation, operation, maintenance or decommissioning of a facility; and
 (d) in the case of an accident—the accident causes:
 (i) the death of, or serious injury to, any individual; or
 (ii) a person involved in the diving operations to be incapacitated from performing work for a period prescribed for the purposes of this subparagraph;
the diving supervisor for the diving operations must give NOPSEMA notice of the accident or dangerous occurrence in accordance with subclause (5A) and regulations made for the purposes of subclause (5B).
 (5A) The notice must be given in the approved form (if any) and in an approved manner (if any).
 (5B) The regulations may prescribe:
 (a) the time within which a notice under subclause (5) is to be given; and
 (b) information to be included in a notice under that subclause.
 (5C) A person commits an offence of strict liability if:
 (a) the person is subject to a requirement under subclause (5); and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: 60 penalty units.