Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:10:p5
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 10 (pt 5/13)
Character Range: 76051–78687

the health or safety of the member of the workforce or other persons at or near the facility.
Penalty: 10 penalty units.

3.2  Possession or control of drugs or intoxicants
 (1) A person on a facility must not have possession or control of:
 (a) a controlled substance; or
 (b) an intoxicant.
Penalty: 10 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.
 (3) It is a defence to a prosecution under subregulation (1):
 (a) that the person had possession or control of a controlled substance that is a therapeutic drug; and
 (b) that the person had the therapeutic drug under his or her possession or control:
 (i) in the course of the person's employment; or
 (ii) in the course of the person's duties or practice as:
 (A) a qualified medical practitioner; or
 (B) a qualified nurse; or
 (C) a qualified pharmacist; or
 (iii) in accordance with the law of a State or Territory; or
 (iv) if the person had lawfully acquired the therapeutic drug—for the person's bona fide personal use.

3.3  Person must leave the facility when instructed to do so
 (1) A person on a facility must leave the facility if instructed to do so by a person in command of the facility.
Penalty: 10 penalty units.
 (2) An instruction:
 (a) in the case of an emergency—may be given orally; or
 (b) in any other case, relevant to occupational health and safety on the facility:
 (i) must be in writing; and
 (ii) must include the reason for the instruction.

3.4  Prohibition on the use of certain hazardous substances
 (1) This regulation applies to:
 (a) an operator; and
 (b) an employer; and
 (c) another person in control of:
 (i) a facility; or
 (ii) a part of a facility; or
 (iii) particular work carried out at a facility.
 (2) The person must not allow a hazardous substance, referred to in column 2 of an item in Part 2 or 3 of Schedule 3.2, to be used in any circumstance other than a circumstance specified in column 3 of the item.
Penalty: 20 penalty units.
 (3) An offence against subregulation (2) is an offence of strict liability.
 (4) It is a defence to a prosecution against subregulation (2) that the use is in accordance with an exemption granted by NOPSEMA under regulation 3.7.
 (5) Subregulation (2) does not apply to the use of chrysotile asbestos if the chrysotile asbestos is in a product specified in the National List of Exemptions contained in Schedule 2 to the National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005(1994)] published by the Australian Safety and Compensation Council, as existing from time to time.

3.5  Limitations on exposure to certain