Document ID: chunk:federal_register_of_legislation:C2024C00828:section:3
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 3
Character Range: 1703393–1709385

3                                              The Titles Administrator                                                                   (a) subsection 227(5);
                                                                                                                                          (b) subsections 228(1) and (1A);
                                                                                                                                          (c) subsections 249(2) and (4);
                                                                                                                                          (d) subsections 284(5) and (7);
                                                                                                                                          (e) subsections 286A(7) and (8A);
                                                                                                                                          (ea) subsections 452A(7) and (9);
                                                                                                                                          (f) subsections 507(4), (5) and (5A);
                                                                                                                                          (g) subsections 508(4), (5) and (5A);
                                                                                                                                          (h) subsections 509(4), (6) and (6A);
                                                                                                                                          (i) section 513;
                                                                                                                                          (j) subsection 514(1);
                                                                                                                                          (k) subsections 556(4) and (5);
                                                                                                                                          (l) subsections 557(4) and (5);
                                                                                                                                          (m) subsections 558(4) and (6);
                                                                                                                                          (n) section 562;
                                                                                                                                          (o) section 563;
                                                                                                                                          (p) subsections 697(3) and (3B);
                                                                                                                                          (q) subsections 699(5) and (5A);
                                                                                                                                          (r) section 705;
                                                                                                                                          (s) section 706;
                                                                                                                                          (t) section 707;
                                                                                                                                          (u) subsection 723(3);
                                                                                                                                          (v) subsection 725(5);
                                                                                                                                          (w) section 731;
                                                                                                                                          (x) section 732;
                                                                                                                                          (y) section 733.

Relevant court
 (3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
 (a) the Federal Court;
 (b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) the Supreme Court of a State or Territory.

When undertaking must not be accepted
 (4) An authorised person (within the meaning of Part 6 of the Regulatory Powers Act) must not accept an undertaking that was given by a person (the first person) under section 114 of that Act in response to an alleged contravention of a listed OHS law if:
 (a) the alleged contravention contributed, or may have contributed, to the death of another person; or
 (b) the alleged contravention involved recklessness (within the meaning of the Criminal Code); or
 (c) during the previous 5 years, the first person has been convicted of an OHS offence that contributed to the death of another person; or
 (d) both:
 (i) during the previous 10 years, the first person has been convicted of 2 or more OHS offences; and
 (ii) at least 2 of those convictions arose from separate investigations.
 (5) Subsection (4) does not apply if there are exceptional circumstances.
 (6) For the purposes of subsection (4), OHS offence means an offence against a listed OHS law.

Extension to offshore areas
 (7) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.

Extension to external Territories etc.
 (8) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each external Territory referred to in section 34.