Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p7
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 7/19)
Character Range: 124344–127074

limitation or condition imposed under subsection 2.26(5) or 2.34(5).

Strict liability offence
 (2) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.

Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 1,000 penalty units.
 (4) Subsection (1) does not apply to particular conduct if NOPSEMA has given the person a written consent under section 2.28 to engage in that conduct in a manner contrary to the safety case or a limitation or condition imposed under subsection 2.26(5) or 2.34(5).
Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.

2.46  Significant new health and safety risk or significant increase in existing risk
 (1) A person must not carry out a facility activity in Commonwealth waters if:
 (a) there has been an occurrence of a significant new risk to health and safety, or a significant increase in an existing risk to health and safety, in relation to the facility activity; and
 (b) the new risk or increased risk is not provided for:
 (i) in the safety case in force for the facility; or
 (ii) in a revised safety case submitted to NOPSEMA and not refused acceptance by NOPSEMA.
 (2) If a titleholder becomes aware that there has been:
 (a) an occurrence of a significant new risk to health and safety in relation to a facility activity in Commonwealth waters; or
 (b) a significant increase in an existing risk to health and safety in relation to a facility activity in Commonwealth waters;
the titleholder must notify the operator and NOPSEMA of the new risk or increased risk as soon as practicable after becoming aware of the new risk or increased risk.
 (3) A person commits an offence of strict liability if the person contravenes subsection (1) or (2).
Penalty: 100 penalty units.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 1,000 penalty units.

2.46A  Access to safety case
 (1) The operator of a facility must, at all times, make a copy of the safety case in force for the facility available, in a readily accessible place, to persons at the facility (including health and safety representatives).

Strict liability offence
 (2) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 30 penalty units.

Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 300 penalty units.

2.46B  Reporting incidents of sexual harassment etc.
 (1) The operator of a facility must give