Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:6:p7
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 6 (pt 7/21)
Character Range: 113236–115951

in DSMS and diving project plan
 (1) In developing or revising a DSMS or diving project plan, a diving contractor must ensure that there is effective consultation with, and participation of, divers and other members of the workforce who will, or may be, working on:
 (a) the project; or
 (b) in the case of a DSMS—projects for which the DSMS would be appropriate.
 (2) When submitting a DSMS to NOPSEMA for acceptance, the diving contractor must set out in writing, details of the consultation that has taken place, including:
 (a) submissions or comments made during the consultation; and
 (b) any changes that have been made to the DSMS as a result of the consultation.

Part 5—Safety responsibilities

4.19  Safety responsibilities of diving contractors
 (1) A diving contractor must take all necessary steps to provide and maintain a working environment (including equipment and systems of work) that reduces risks to the safety and health of divers and other members of the workforce to as low as reasonably practicable.
Penalty: 50 penalty units.
 (2) A diving contractor must take all necessary steps to ensure that a diving operation for which the diving contractor is responsible is carried out in a way that complies with the accepted DSMS for the project.
Penalty: 50 penalty units.
 (3) Strict liability applies to subregulation (2).

4.20  Safety in the diving area
 (1) At each place of diving, before the diving operation begins, the diving contractor must make available a copy of:
 (a) the instrument by which the diving supervisor was appointed; and
 (b) the DSMS; and
 (c) the diving project plan that relates to the operation.
Penalty: 10 penalty units.
 (2) A person engaged in a diving operation must comply with:
 (a) an instruction given by a diving supervisor for the diving operation about a matter in the diving project plan; and
 (b) a direction under subregulation 4.23(3) given to the person by a diving supervisor for the diving operation.
Penalty: 10 penalty units.
 (3) Strict liability applies to subregulations (1) and (2).

4.21  Diving depths
 (1) The operator for a surface‑oriented diving operation, involving the use of air 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: 100 penalty units.
Note: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.
 (2) The diving contractor for a surface‑oriented diving operation, involving the use of air 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