Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p11
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 11/19)
Character Range: 134305–136958

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 control of:
 (a) a controlled substance; or
 (b) an intoxicant.
Penalty: 50 penalty units.
 (2) Subsection (1) does not apply if:
 (a) the person had possession or control of a controlled substance that is a therapeutic drug; and
 (b) the person had the therapeutic drug in the person's possession or control:
 (i) in the course of the person's employment; or
 (ii) in the course of the person's duties or practice as a qualified medical practitioner, a qualified nurse or a qualified pharmacist; or
 (iii) in accordance with the law of a State or Territory; or
 (iv) if the person had lawfully acquired the therapeutic drug—for the person's bona fide personal use.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.

3.3  Person must leave the facility when instructed to do so
 (1) A person at a facility commits an offence if the person does not leave the facility if instructed to do so by a person in command of the facility.
Note: Paragraph 2.8(1)(a) provides that the safety case for a facility must specify an office or position in relation to the facility, the occupant of which is in command of the facility.
Penalty: 50 penalty units.
 (2) The person in command of the facility:
 (a) in the case of an emergency—may give the instruction orally; or
 (b) in any other case, relevant to occupational health and safety at the facility:
 (i) must give the instruction in writing; and
 (ii) must include in the instruction the reasons for the instruction.

3.4  Prohibition on the use of certain hazardous substances
 (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 not allow a hazardous substance, mentioned in column 1 of an item in Part 2 or 3 of Schedule 1, to be used in any circumstance at the facility other than a circumstance specified in column 2 of the item.

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.
 (5) Subsections