Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:183
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 183
Character Range: 275948–277545

183  Duties of person conducting business or undertaking
 (1) A person conducting a business or undertaking at a workplace where high risk diving work is carried out must ensure that the following are in accordance with AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice):
 (a) the fitness of persons carrying out the work;
 (b) the competence of persons carrying out the work;
Note: See section 44 of the Act.
 (c) the carrying out of the work.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2) The Regulator may approve a standard for the carrying out of high risk diving work by a member of the Defence Force.
 (3) If a standard approved by the Regulator is in force:
 (a) subregulation (1) does not apply; and
 (b) a person conducting a business or undertaking at a workplace where high risk diving work is carried out by a member of the Defence Force must ensure that the following are in accordance with that standard:
 (i) the fitness of persons carrying out the work;
 (ii) the competence of persons carrying out the work;
Note: See section 44 of the Act.
 (iii) the carrying out of the work.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.