Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p19
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 19/28)
Character Range: 200655–203517

diving operation must not allow a person to dive in the diving operation if the person is not competent to carry out safely any activity that is reasonably likely to be necessary while the person is taking part in the diving operation.

Strict liability offence
 (2) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.

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

Competence of divers—responsibility of diving supervisors
 (4) 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 is not competent to carry out safely any activity that is reasonably likely to be necessary while the person is taking part in the diving operation.
Penalty: 50 penalty units.

Divers to hold current diving qualifications—diving contractor responsibility
 (5) A diving contractor for a diving operation must not allow a person to dive in the diving operation if the person does not have a current diving qualification from ADAS to carry out any activity that is reasonably likely to be necessary while the person is taking part in the operation.

Strict liability offence
 (6) A person commits an offence of strict liability if the person contravenes subsection (5).
Penalty: 100 penalty units.

Civil penalty provision
 (7) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 1,000 penalty units.

Divers to hold current diving qualifications—diving supervisor responsibility
 (8) 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 current diving qualification required under ADAS permitting the person to carry out any activity that is reasonably likely to be necessary while the person is taking part in the operation.
Penalty: 50 penalty units.

Divers to hold valid medical certificates—diving contractor responsibility
 (9) A diving contractor for a diving operation must not allow a person to dive in the diving operation if the person does not have a valid medical certificate.
Note: The meaning of valid medical certificate is explained in section 4.26.

Strict liability offence
 (10) A person commits an offence of strict liability if the person contravenes subsection (9).
Penalty: 100 penalty units.

Civil 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