Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p13
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 13/28)
Character Range: 185782–188404

liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 1,000 penalty units.

4.20  Safety in the diving area
 (1) At each place of diving, before the beginning of a diving operation included in a diving project, a diving contractor must ensure that all divers and other workers who will be engaged in the diving operation are aware, and that there is a copy available to them, of the following:
 (a) the instrument by which the diving supervisor for the diving operation was appointed under section 4.22;
 (b) the accepted DSMS for the diving operation;
 (c) the approved diving project plan for the diving project.

Offence
 (2) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 30 penalty units.

Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 300 penalty units.
 (4) A person engaged in a diving operation commits an offence of strict liability if the person fails to comply with:
 (a) an instruction given by a diving supervisor for the diving operation about a matter in the diving project plan; or
 (b) a direction under subsection 4.23(3) given to the person by a diving supervisor for the diving operation.
Penalty for a contravention of this subsection: 50 penalty units.

4.21  Diving depths
 (1) The operator of a facility that is directly involved with a surface‑oriented diving operation involving the use of air or mixed gas as a breathing medium must not direct or allow the operation to be carried out at a depth of more than 50 metres.
 (2) The diving contractor for a surface‑oriented diving operation involving the use of air or mixed gas as a breathing medium must not allow the diving operation to be carried out at a depth of more than 50 metres.
 (3) The operator of a facility in connection with a diving operation that is carried out at a depth of more than 50 metres must ensure that the diving operation involves the use of:
 (a) a closed diving bell and a suitable mixed gas breathing medium; or
 (b) a manned submersible craft.
 (4) The diving contractor for a diving operation that is carried out at a depth of more than 50 metres must ensure that the diving operation involves the use of:
 (a) a closed diving bell and a suitable mixed gas breathing medium; or
 (b) a manned submersible craft.

Strict liability offence
 (5) A person commits an offence of strict liability if the person contravenes subsection (1), (2), (3) or (4).
Penalty: 100 penalty units.

Civil penalty provision
 (6) A person is liable to a civil penalty if