Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p3
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 3/28)
Character Range: 161464–163981

physical health of divers for a diving operation.
      Part 10 requires a diving supervisor for a diving operation to maintain diving records for the diving operation. The diving record must be in the form required by subsection 4.27(2) and include the specified details about the diving operation. The record must be kept for at least 7 years.
      A diver must also keep a log book for each dive made by the diver. The log book must be in the form required by subsection 4.28(2) and must contain the specified information about the dive. The log book must be kept for at least 7 years.

4.2  Purpose of this Chapter
  This Chapter is made for the purposes of sections 639, 790 and 790A of the Act and clause 17 of Schedule 3 to the Act.

Part 2—Diving safety management systems

4.3  No diving without DSMS
 (1) A diving contractor must, before beginning diving work that forms part of a diving project:
 (a) have a DSMS for the diving project that is:
 (i) accepted; and
 (ii) current; and
 (b) if there is an operator of a facility in connection with the diving project—give the DSMS to the operator.
 (2) If there is an operator of a facility in connection with a diving project, the operator must not allow diving work, that forms part of the diving project, to begin if the diving contractor has not given to the operator a DSMS that is:
 (a) accepted; and
 (b) current.
 (3) A diving contractor must not allow diving to continue on a diving project if the DSMS is no longer:
 (a) accepted; and
 (b) current.

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

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).
Civil penalty: 1,000 penalty units.

When is a DSMS current
 (6) For the purposes of this section, an accepted DSMS is current if:
 (a) the DSMS has not been revised, or the acceptance of the DSMS has not been withdrawn, since its latest acceptance; and
 (b) it is not more than 5 years since its latest acceptance.
Note: A person may consult the register mentioned in section 4.9 to find out if a DSMS is accepted and current.

4.3A  DSMS must be given to divers who request a copy
 (1) A diving contractor commits an offence if the diving contractor does not give a copy of the DSMS for a diving project to any diver on the diving project who requests a copy of the DSMS.
Penalty: 30 penalty units.
 (2) A diving