Document ID: chunk:federal_register_of_legislation:F2024L01639:clause:1_175a
Version: federal_register_of_legislation:F2024L01639
Segment Type: clause
Provision Reference: sch 1 cl 175A
Character Range: 209021–211048

175A  Keeping DSMS and diving project plan
 (1) This regulation applies if a person:
 (a) is a person conducting a business or undertaking who gives the regulator a DSMS that the regulator accepts; or
 (b) is the holder of an OEI licence who approves a diving project plan for a diving project.
 (2) The person must, if the person gave the DSMS, keep it until 7 years have passed since the end of the acceptance of the DSMS.
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 I monetary penalty.
 (3) The person must, if the person approved the diving project plan for a diving project, keep the plan until 7 years have passed since the end of the project.
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 I monetary penalty.
 (4) The person must ensure that, for the period for which the person must keep the DSMS or plan under this regulation, a copy can be made available, following a request, to any worker engaged to carry out the work to which the DSMS or plan relates.
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 H monetary penalty.
 (5) The person must ensure that, for the period for which the person must keep the DSMS or plan under this regulation, a copy is available for inspection under the Act.
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 I monetary penalty.