Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:10:p3
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 10 (pt 3/13)
Character Range: 71177–73791

an occurrence of a significant new risk to health and safety or a significant increase in an existing risk to health and safety arising from the construction, installation, operation, modification or decommissioning of the facility; and
 (h) the new risk or increased risk is not provided for:
 (i) in the safety case in force for the facility; or
 (ii) in a revised safety case:
 (A) submitted to NOPSEMA; and
 (B) not refused acceptance by NOPSEMA.
Penalty: 80 penalty units.
 (2) If the titleholder knows about the new risk or increased risk, the titleholder must:
 (a) notify the operator and NOPSEMA of the new risk or increased risk as soon as practicable; and
 (b) notify the operator and NOPSEMA by telephone, fax or email.
Penalty: 80 penalty units.

2.47  Maintaining records
 (1) The operator of a facility must keep all documents required by the safety case in force for the facility in the manner set out in the safety case.
Penalty: 30 penalty units.
Note: Subdivision D of Division 1 of Part 2 sets out the record keeping requirements in relation to documents.
 (2) An offence against subregulation (1) is an offence of strict liability.

2.48  Person on a facility must comply with safety case
 (1) A person on a facility must comply with a safety requirement of the safety case in force for the facility that applies to the person.
Penalty: 10 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.

2.49  Interference with accident sites
 (1) A person must not interfere with a site, on a facility, where there is:
 (a) an accident that causes the death of, or serious personal injury to, any person; or
 (b) an accident that causes a member of the workforce to be incapacitated from performing work for a period of at least 3 days; or
 (c) a dangerous occurrence;
before the completion of the inspection of the site by an OHS inspector.
Penalty: 20 penalty units.
 (2) It is a defence to a prosecution for an offence against subregulation (1) that:
 (a) the person was acting with the written or oral authority of an OHS inspector; or
 (b) the person was acting, in a reasonable manner, for any of the following purposes:
 (i) helping or rescuing a sick, injured or endangered person;
 (ii) maintaining the safety of the facility or of persons at the facility;
 (iii) reducing danger to the facility or to persons at the facility;
 (iv) retrieving, or attempting to retrieve, the body of a dead person; or
 (c) the operator has given NOPSEMA notice of, and a report about, the accident or dangerous occurrence under clause 82 of Schedule 3 to the Act, and an