Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:6:p8
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 6 (pt 8/21)
Character Range: 115738–118386

or mixed gas as a breathing medium, must not allow the operation to be carried out at a depth of more than 50 metres.
Penalty: 50 penalty units.
Note: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.
 (3) The operator 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.
Penalty: 100 penalty units.
Note: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.
 (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.
Penalty: 50 penalty units.
Note: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.

Part 6—Diving supervisors

4.22  Appointment of diving supervisors
 (1) The diving contractor responsible for a diving operation must appoint, in writing, 1 or more diving supervisors to ensure that there is a diving supervisor to supervise all diving that is carried out as part of the operation.
Penalty: 20 penalty units.
Note: Subregulation 4.16(3) limits the scope of a diving operation that can be supervised by 1 diving supervisor.
 (2) A diving contractor must not appoint, as a diving supervisor, a person who is not:
 (a) qualified as a supervisor under ADAS; and
 (b) competent to supervise the operation.
Penalty: 20 penalty units.
 (3) Strict liability applies to the circumstance in paragraph (2)(a) that the person is not qualified as a supervisor under ADAS.

4.23  Duties of diving supervisors
 (1) The duties of a diving supervisor for a diving operation are:
 (a) to ensure that the diving operation is carried out:
 (i) as far as reasonably practicable without risk to the health or safety of anybody taking part in it or of anyone else who may be affected by it; and
 (ii) in accordance with the law; and
 (iii) in accordance with the accepted DSMS for the operation; and
 (iv) in accordance with the relevant diving project plan; and
 (b) to countersign entries about the operation in divers' log books; and
 (c) if there is an operator for the diving project—to report to the operator, during the operation, any of the following:
 (i) the death of, or serious personal injury to, a person;
 (ii) the incapacitation of a person that prevents the person from performing work for a period of 3 or more days;