Document ID: chunk:federal_register_of_legislation:F2024L01639:clause:1_174a
Version: federal_register_of_legislation:F2024L01639
Segment Type: clause
Provision Reference: sch 1 cl 174A
Character Range: 205181–207419

174A  Divers in diving operations
 (1) A person conducting a business or undertaking who is directly involved with a diving operation, or a diving supervisor for a diving operation, must not direct or allow a worker to dive in the diving operation if the worker is not competent to carry out safely any activity that is reasonably likely to be necessary while the worker is taking part in the operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
 (2) A person conducting a business or undertaking who is directly involved with a diving operation, or a diving supervisor for a diving operation, must not direct or allow a worker to dive in the diving operation if the worker does not have a current diving qualification under ADAS to carry out any activity that is reasonably likely to be necessary while the worker is taking part in the operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
 (3) A person conducting a business or undertaking who is directly involved with a diving operation, or a diving supervisor for a diving operation, must not direct or allow a worker to dive in the diving operation unless:
 (a) the worker has a valid medical certificate; and
 (b) the diving work to be done by the worker is consistent with the conditions (if any) to which the certificate is subject.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: For when a medical certificate is valid, see regulation 174B.
Penalty: The tier D monetary penalty.
 (4) Subregulations (2) and (3) do not apply if the worker:
 (a) is diving in a crewed submersible craft; or
 (b) is diving to provide emergency medical care to an injured person in a chamber.