Document ID: chunk:federal_register_of_legislation:F2017C00695:reg:17:p2
Version: federal_register_of_legislation:F2017C00695
Segment Type: reg
Provision Reference: reg 17 (pt 2/8)
Character Range: 17473–20237

determination that confirms, varies or cancels the notice.

    3. Subsection 60(1) of the Act requires the person in command to whom a provisional improvement notice is given:
        • to notify each employee who is affected by the notice of the fact that the notice has been issued; and
        • to display a copy of the notice at or near each workplace at which work that is the subject of the notice is being performed.

    (page 3 of Form 1)

    4. Under subsection 60(2) of the Act, a provisional improvement notice ceases to have effect if:
        • it is cancelled by the health and safety representative or an inspector; or
        • the person in command, or a person who is given a copy of the notice under subsection 58(5), takes the action specified in the notice or, if no action is specified, takes the action that is necessary to prevent the contravention, or likely contravention, with which the notice is concerned.
       5. Section 61 of the Act requires the person in command:
        • to ensure, as far as practicable, that a provisional improvement notice is complied with; and
        • to inform the health and safety representative who issued the notice of the action taken to comply with the notice.

    6. Under subsection 100(2) of the Act, if an inspector has confirmed, varied or cancelled a provisional improvement notice the following persons may request the Fair Work Commission in writing to review the decision of the inspector:
        • the operator affected by the inspector's decision;
        • the person in command;
        • the person to whom the notice was given by the person in command under subsection 58(5) of the Act;
        • the health and safety representative for the designated work group that includes an employee who is affected by the decision or an involved union for the designated work group;
        • if there is no designated work group of that kind—an involved union in relation to the affected employee;
        • the owner of any plant, substance or thing to which the decision relates.

Form 2—Notice of removal of plant or sample
(paragraph 8(a))
OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) REGULATIONS
Notice of removal of plant or sample

To the person in command of (insert name of prescribed ship or prescribed unit)

and (insert name of health and safety representative for the prescribed ship or prescribed unit)

I, (insert name of inspector), an inspector appointed under section 84 of the Occupational Health and Safety (Maritime Industry) Act 1993, in the course of conducting an investigation under section 87 of the Act, have taken possession of:
(insert description of  item  removed)

from (insert name of the prescribed ship or prescribed unit) located at (insert