Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p12
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 12/19)
Character Range: 136695–139407

an offence of strict liability if the person contravenes subsection (2).
Penalty: 100 penalty units.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty: 1,000 penalty units.
 (5) Subsections (3) and (4) do not apply if the use is in accordance with an exemption granted by NOPSEMA under section 3.7.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.

3.5  Limitations on exposure to certain hazardous substances
 (1) This section applies to the following persons:
 (a) the operator of a facility;
 (b) an employer;
 (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) A person to whom this section applies must not allow a member of the workforce at the facility, under the person's control, to be exposed to an airborne concentration of a hazardous substance in the breathing zone of the member of the workforce at a level that exceeds the appropriate exposure standard for the relevant period of time.

Strict liability offence
 (3) A person commits an offence of strict liability if the person contravenes subsection (2).
Penalty: 100 penalty units.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty: 1,000 penalty units.
 (5) Subsections (3) and (4) do not apply if the airborne concentration of the hazardous substance in the breathing zone of the member of the workforce is in accordance with an exemption given by NOPSEMA under section 3.7.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.
 (6) In this section:
appropriate exposure standard means an airborne concentration for a substance as set out in the Workplace exposure standards for airborne contaminants published by Safe Work Australia on 18 January 2024, as in force from time to time.
hazardous substance means a substance:
 (a) that is a hazardous chemical within the meaning of the Work Health and Safety Regulations 2011; or
 (b) that has been determined, in writing, to be a hazardous substance by its manufacturer in accordance with the Classifying hazardous chemicals—National Guide (2023) published by Safe Work Australia, as in force from time to time; or
 (c) that is mentioned in column 1 of an item in the table in Part 3 of Schedule 1.

3.6  Exposure to noise
 (1) This section applies to the following persons:
 (a) the operator of a facility;
 (b) an employer;
 (c) another person in control of:
 (i) a facility; or
 (ii) a