Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p10
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 10/19)
Character Range: 131790–134549

10—Application of this instrument if a remedial direction is in force

2.51  Application of this instrument if a remedial direction is in force
 (1) This section applies if:
 (a) a direction (a petroleum remedial direction) is in force under section 586, 586A, 587 or 587A of the Act; or
 b) a direction (a greenhouse gas remedial direction) is in force under section 591B, 592, 594A or 595 of the Act.
 (2) This instrument (other than the definition of titleholder in section 1.5) applies as if a reference to a titleholder included a reference to a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction.

Chapter 3—Occupational health and safety

Part 1—Preliminary

3.1AA  Simplified outline of this Chapter

      This Chapter:
             (a) includes requirements to protect the health and safety of members of the workforce at a facility (see Part 2); and
             (b) provides for the election of health and safety representatives for work groups at a facility and sets out how such elections are to be conducted (see Part 3); and
             (c) provides for the way in which samples taken during OHS inspections are to be treated (see Part 4); and
             (d) provides for exemptions from the requirements in Part 3 of Schedule 3 to the Act, which deals with health and safety workplace arrangements (see Part 5); and
             (e) provides that certain State and Territory occupational health and safety laws do not apply in relation to facilities (see Part 6).

Part 2—Health and safety

3.1AB  Purpose of this Part
  This Part is made for the purposes of section 639 of the Act and clause 17 of Schedule 3 to the Act.

3.1  Avoiding fatigue
 (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 develop and implement strategies:
 (a) to prevent or minimise members of the workforce at the facility who are under the person's control being exposed to work‑related conditions that may cause fatigue; and
 (b) to prevent and control exposure to work‑related conditions at the facility that may cause fatigue.

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.

3.2  Possession or control of drugs or intoxicants
 (1) A person at a facility commits an offence of strict liability if the person has possession or