Document ID: chunk:federal_register_of_legislation:C2024A00043:clause:1_53
Version: federal_register_of_legislation:C2024A00043
Segment Type: clause
Provision Reference: sch 1 cl 53
Character Range: 30024–32674

53  OHS inspections—vessel becoming or ceasing to be an associated offshore place

Vessel that becomes an associated offshore place
 (1) If:
 (a) a vessel becomes an associated offshore place in relation to a facility (the relevant facility) at a particular time (the transition time); and
 (b) immediately before that time, a NOPSEMA inspector was on board the vessel as authorised by clause 52 (including because of the operation of subclause (2) of this clause);
then, at and after the transition time:
 (c) clause 50 is taken to authorise the NOPSEMA inspector to remain on board the vessel for the purposes of the OHS inspection; and
 (d) the NOPSEMA inspector may exercise powers under subparagraphs 50(1)(a)(i) to (vi) and paragraphs 50(1)(b) and 52(1)(f) for the purposes of the OHS inspection while the inspector remains on board the vessel; and
 (e) subclause 50(2) applies in relation to the OHS inspection and the relevant facility as if the NOPSEMA inspector had entered the facility at the transition time; and
 (f) subclauses 50(2A) and (3), and 52(1) and (2) (other than paragraph 52(1)(f)), do not apply in relation to the OHS inspection; and
 (g) subclause 52(3) continues to apply in relation to the OHS inspection.
Note: A vessel is part of a facility while it is an associated offshore place in relation to the facility: see paragraph (b) of the definition of facility in clause 3.

Vessel that ceases to be an associated offshore place
 (2) If:
 (a) a vessel ceases to be an associated offshore place in relation to a facility (the relevant facility) at a particular time (the transition time); and
 (b) immediately before that time, a NOPSEMA inspector was on board the vessel as authorised by clause 50 (including because of the operation of subclause (1) of this clause); and
 (c) at the transition time, the NOPSEMA inspector is satisfied on reasonable grounds that the vessel is being used in connection with diving operations that relate to the construction, installation, operation, maintenance or decommissioning of a facility;
then, at and after the transition time:
 (d) clause 52 is taken to authorise the NOPSEMA inspector to remain on board the vessel for the purposes of the OHS inspection; and
 (e) the NOPSEMA inspector may exercise powers under paragraphs 52(1)(b) to (h) for the purposes of the OHS inspection while the inspector remains on board the vessel; and
 (f) subclauses 52(2) and (3) apply in relation to the OHS inspection (with subclause 52(2) doing so as if the NOPSEMA inspector had boarded the vessel at the transition time); and
 (g) clause 50 does not apply in relation to the OHS inspection.