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Offshore Petroleum and Greenhouse Gas Storage Act 2006

Authoritative Version
  • - C2014C00030
  • In force - Superseded Version
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Act No. 14 of 2006 as amended, taking into account amendments up to Offshore Petroleum and Greenhouse Gas Storage Amendment (Cash Bidding) Act 2013
An Act about petroleum exploration and recovery, and the injection and storage of greenhouse gas substances, in offshore areas, and for other purposes
Administered by: Industry
Registered 09 Jan 2014
Start Date 14 Dec 2013
End Date 30 Jun 2014
Table of contents.

Commonwealth Coat of Arms

Offshore Petroleum and Greenhouse Gas Storage Act 2006

No. 14, 2006 as amended

Compilation start date:                     14 December 2013

Includes amendments up to:            Act No. 141, 2013

This compilation has been split into 3 volumes

Volume 1:       sections 1–465

Volume 2:       sections 466–791

Volume 3:       Schedules

                        Endnotes

Each volume has its own contents

 

About this compilation

This compilation

This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as in force on 14 December 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 24 December 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Schedule 1—Scheduled areas for the States and Territories 1

1............ Scheduled area for New South Wales................................................. 1

2............ Scheduled area for Victoria................................................................. 3

3............ Scheduled area for Queensland........................................................... 4

4............ Scheduled area for South Australia..................................................... 8

5............ Scheduled area for Western Australia................................................. 9

6............ Scheduled area for Tasmania............................................................. 14

7............ Scheduled area for the Northern Territory......................................... 18

8............ Scheduled area for the Territory of Ashmore and Cartier Islands..... 21

9............ References to this Schedule in other laws......................................... 23

Schedule 2—Area that includes the area to be avoided      25

1............ Area that includes the area to be avoided........................................... 25

Schedule 3—Occupational health and safety                                 26

Part 1—Introduction                                                                                                          26

1............ Objects.............................................................................................. 26

2............ Simplified outline.............................................................................. 26

3............ Definitions........................................................................................ 28

4............ Facilities............................................................................................ 33

5............ Operator of a facility or proposed facility.......................................... 37

6............ Operator must ensure presence of operator’s representative............. 37

7............ Health and safety of persons using an accommodation facility......... 38

8............ Contractor......................................................................................... 38

8A......... When a petroleum title is derived from another petroleum title.......... 39

8B......... When a greenhouse gas title is derived from another greenhouse gas title                40

Part 2—Occupational health and safety                                                                42

Division 1—Duties relating to occupational health and safety             42

9............ Duties of operator............................................................................. 42

10.......... Duties of persons in control of parts of facility or particular work.... 45

11.......... Duties of employers.......................................................................... 46

12.......... Duties of manufacturers in relation to plant and substances.............. 48

13.......... Duties of suppliers of facilities, plant and substances....................... 50

13A....... Duties of petroleum titleholders in relation to wells.......................... 52

13B....... Duties of greenhouse gas titleholders in relation to wells.................. 55

14.......... Duties of persons erecting facilities or installing plant...................... 57

15.......... Duties of persons in relation to occupational health and safety......... 58

16.......... Reliance on information supplied or results of research.................... 60

Division 2—Regulations relating to occupational health and safety 62

17.......... Regulations relating to occupational health and safety....................... 62

Part 3—Workplace arrangements                                                                             64

Division 1—Introduction                                                                                          64

18.......... Simplified outline.............................................................................. 64

Division 2—Designated work groups                                                                 65

Subdivision A—Establishment of designated work groups                           65

19.......... Establishment of designated work groups by request....................... 65

20.......... Establishment of designated work groups at initiative of operator.... 66

Subdivision B—Variation of designated work groups                                   66

21.......... Variation of designated work groups by request............................... 66

22.......... Variation of designated work groups at initiative of operator............ 68

Subdivision C—General                                                                                         69

23.......... Referral of disagreement to reviewing authority................................ 69

24.......... Manner of grouping members of the workforce............................... 69

Division 3—Health and safety representatives                                             71

Subdivision A—Selection of health and safety representatives                    71

25.......... Selection of health and safety representatives.................................... 71

26.......... Election of health and safety representatives..................................... 71

27.......... List of health and safety representatives............................................ 72

28.......... Members of designated work group must be notified of selection etc. of health and safety representative               73

29.......... Term of office................................................................................... 73

30.......... Training of health and safety representatives..................................... 74

31.......... Resignation etc. of health and safety representatives......................... 74

32.......... Disqualification of health and safety representatives......................... 75

33.......... Deputy health and safety representatives........................................... 76

Subdivision B—Powers of health and safety representatives                       77

34.......... Powers of health and safety representatives...................................... 77

35.......... Assistance by consultant................................................................... 78

36.......... Information....................................................................................... 79

37.......... Obligations and liabilities of health and safety representatives.......... 80

38.......... Provisional improvement notices...................................................... 80

39.......... Effect of provisional improvement notice.......................................... 82

Subdivision C—Duties of the operator and other employers in relation to health and safety representatives      85

40.......... Duties of the operator and other employers in relation to health and safety representatives      85

Division 4—Health and safety committees                                                      87

41.......... Health and safety committees............................................................ 87

42.......... Functions of health and safety committees........................................ 88

43.......... Duties of the operator and other employers in relation to health and safety committees           89

Division 5—Emergency procedures                                                                   91

44.......... Action by health and safety representatives....................................... 91

45.......... Direction to perform other work....................................................... 92

Division 6—Exemptions                                                                                            94

46.......... Exemptions....................................................................................... 94

Part 4—Inspections                                                                                                             95

Division 1—Introduction                                                                                          95

47.......... Simplified outline.............................................................................. 95

48.......... Powers, functions and duties of OHS inspectors.............................. 95

Division 2—Inspections                                                                                             97

49.......... Inspections........................................................................................ 97

Division 3—Powers of OHS inspectors in relation to the conduct of inspections             98

Subdivision A—General powers of entry and search                                     98

50.......... Powers of entry and search—facilities.............................................. 98

51.......... Powers of entry and search—regulated business premises (other than facilities)     99

52.......... Powers of entry and search—premises (other than regulated business premises)    100

53.......... Warrant to enter premises (other than regulated business premises) 102

54.......... Obstructing or hindering OHS inspector........................................ 102

Subdivision B—Offence‑related searches and seizures                                103

55.......... What is evidential material?............................................................. 103

56.......... Offence‑related searches and seizures—OHS inspector already present at facility   103

57.......... Offence‑related searches and seizures—OHS inspector not already present at facility, premises or vessel              106

58.......... Data access powers......................................................................... 109

59.......... Data seizure powers........................................................................ 112

60.......... Access to computer data.................................................................. 113

61.......... Compensation for damage to equipment......................................... 114

62.......... Copies of things seized to be provided............................................ 115

63.......... Operator’s representative, occupier or master entitled to be present during search   116

64.......... Receipts for things seized................................................................ 117

65.......... Retention of things seized............................................................... 117

66.......... Magistrate may permit a thing seized to be retained for a further period.. 117

67.......... Magistrate may issue warrant.......................................................... 118

68.......... Reasonable grounds for issuing warrant etc.................................... 119

69.......... Contents of warrant......................................................................... 120

70.......... Provisions relating to issue of warrant by telephone etc.................. 120

71.......... Proceedings involving warrant issued by telephone etc.................. 122

72.......... This Subdivision does not limit other powers................................. 123

Subdivision C—Other powers                                                                             123

73.......... Power to require assistance............................................................. 123

74.......... Power to require the answering of questions and the production of documents or articles       125

75.......... Power to take possession of plant, take samples of substances etc. 128

76.......... Power to direct that workplace etc. not be disturbed....................... 130

77.......... Power to issue prohibition notices.................................................. 131

78.......... Power to issue improvement notices............................................... 134

79.......... Notices not to be tampered with or removed................................... 136

Division 4—Reports on inspections                                                                   138

80.......... Reports on inspections.................................................................... 138

Division 5—Appeals                                                                                                  140

81.......... Appeals against decisions of OHS inspectors................................. 140

Part 5—General provisions                                                                                          143

82.......... Notifying and reporting accidents and dangerous occurrences........ 143

83.......... Records of accidents and dangerous occurrences to be kept........... 145

84.......... Codes of practice............................................................................. 145

85.......... Use of codes of practice in criminal proceedings............................ 146

86.......... Interference etc. with equipment etc................................................ 146

87.......... Members of workforce not to be levied.......................................... 147

88.......... Employer not to dismiss etc. employees on certain grounds........... 147

89.......... Institution of prosecutions............................................................... 149

90.......... Conduct of directors, employees and agents................................... 150

91.......... Schedule not to give rise to other liabilities etc................................ 151

92.......... Circumstances preventing compliance may be defence to prosecution 152

93.......... Regulations—general...................................................................... 152

Schedule 4—Petroleum production licences to which the Royalty Act applies 154

Part 1—Introduction                                                                                                        154

1............ Definitions...................................................................................... 154

Part 2—Applying for a petroleum production licence                                155

2............ Application for petroleum production licence by holder of petroleum exploration permit to which the Royalty Act applies........................................................................................................ 155

3............ Application period........................................................................... 158

4............ Application for petroleum production licence by holder of petroleum retention lease to which the Royalty Act applies........................................................................................................ 159

Part 3—Obtaining a petroleum production licence                                       162

5............ Secondary petroleum production licence—offer document must specify rate of royalty          162

6............ Limit on grant of secondary petroleum production licence.............. 162

Part 4—Variation of licence area                                                                             163

7............ Variation of licence area of petroleum production licence............... 163

Part 5—What happens if a block is not taken up                                          165

8............ Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up........................................................................................... 165

Schedule 5—Release of technical information given to the Designated Authority before 7 March 2000                                                                                 167

1............ Simplified outline............................................................................ 167

2............ Definitions...................................................................................... 167

3............ Time of receipt of certain information............................................. 168

4............ Protection of the confidentiality of information............................... 168

5............ Titles Administrator may make information available to a Minister, a State Minister or a Northern Territory Minister........................................................................................................ 169

6............ Disclosure of basic information given in connection with an application 169

7............ Disclosure of basic information after authorised release day........... 170

8............ Disclosure of information that is in the public domain.................... 173

9............ Disclosure of derivative information after 5 years........................... 174

10.......... Transitional—section 118 of the repealed Petroleum (Submerged Lands) Act 1967                178

Schedule 6—Transitional provisions                                                     179

Part 1—Basic provisions                                                                                                179

1............ Definitions...................................................................................... 179

2............ Re‑enactment of the Petroleum (Submerged Lands) Act 1967........ 180

3............ Old titles continue in force.............................................................. 180

4............ Transitional—eligible instruments................................................... 180

5............ Transitional—acts or things done before commencement............... 181

6............ Transitional—conditions of old titles.............................................. 182

7............ Translation of references in documents........................................... 182

8............ Transitional regulations................................................................... 185

Part 2—Specific provisions                                                                                          187

9............ Joint Authority................................................................................ 187

10.......... Joint Authority for an external Territory......................................... 187

11.......... Designated Authority...................................................................... 188

12.......... Chief Executive Officer of the National Offshore Petroleum Safety Authority        188

13.......... Project inspectors—late commencement of greenhouse gas provisions 189

13A....... Petroleum project inspectors—early commencement of greenhouse gas provisions                189

13B....... Petroleum project inspectors—late commencement of greenhouse gas provisions   190

14.......... Offshore area.................................................................................. 190

15.......... Registers......................................................................................... 191

16.......... Registration fees—transfer.............................................................. 192

17.......... Registration fees—dealings............................................................. 192

18.......... Retention and inspection of documents........................................... 193

19.......... Assessment of registration fee........................................................ 193

20.......... Payments by the Commonwealth to the States and the Northern Territory               193

21.......... Adjustment to period required or allowed for doing an act or thing etc. 194

22.......... Old titles—continuation in force beyond date of expiry.................. 196

23.......... Renewal of petroleum exploration permits...................................... 196

24.......... Renewal of petroleum retention leases............................................ 197

25.......... Grant of petroleum production licences over individual blocks....... 197

26.......... Renewal of fixed‑term petroleum production licences..................... 197

27.......... Grant of pipeline licences................................................................ 198

28.......... Requirement to provide further information in connection with application for title 198

29.......... Revocation of petroleum exploration permits, petroleum retention leases, petroleum production licences and petroleum access authorities............................................................................. 199

30.......... Surrender of title............................................................................. 199

31.......... Cancellation of old titles.................................................................. 200

32.......... Commencement of works or operations.......................................... 200

33.......... Deduction of debts from proceeds of sale of property.................... 201

34.......... Authorised persons......................................................................... 201

35.......... Release of regulatory information................................................... 202

36.......... Release of technical information—deemed time of receipt of certain information and samples                202

37.......... Liability for acts and omissions....................................................... 203

38.......... Reconsideration and review of decisions........................................ 203

39.......... Meaning of petroleum in the Petroleum (Submerged Lands) Act 1967 203

40.......... OHS inspections............................................................................. 203

41.......... OHS prosecutions........................................................................... 204

42.......... Disqualification of health and safety representatives....................... 205

Schedule 7—Greater Sunrise areas                                                         206

1............ Greater Sunrise unit area................................................................. 206

2............ Eastern Greater Sunrise offshore area............................................. 207

3............ Western Greater Sunrise area.......................................................... 208

Endnotes                                                                                                                                  211

Endnote 1—About the endnotes                                                                          211

Endnote 2—Abbreviation key                                                                              213

Endnote 3—Legislation history                                                                           214

Endnote 4—Amendment history                                                                         224

Endnote 5—Uncommenced amendments                                                       276

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013 (No. 11, 2013)               276

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 (No. 36, 2013)     375

Endnote 6—Modifications [none]                                                                       416

Endnote 7—Misdescribed amendments [none]                                           416

Endnote 8—Miscellaneous                                                                                     417


Schedule 1Scheduled areas for the States and Territories

Note:       See section 8 (for datum, see sections 40, 48 and 49).

  

  

1  Scheduled area for New South Wales

             (1)  The scheduled area for New South Wales is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the geodesic between the trigonometrical station known as Point Danger near Point Danger and a point of Latitude 27° 57’ 54.23” South, Longitude 154° 00’ 03.78” East and runs thence north‑easterly along that geodesic to the last‑mentioned point:

                     (a)  thence north‑easterly along the geodesic to a point of Latitude 27° 47’ 54.22” South, Longitude 154° 22’ 03.75” East; and

                     (b)  thence easterly along the geodesic to a point of Latitude 26° 58’ 58.99” South, Longitude 165° 40’ 03.01” East; and

                     (c)  thence south along the loxodrome to a point of Latitude 31° 49’ 56.57” South, Longitude 165° 40’ 03.13” East; and

                     (d)  thence clockwise north‑westerly along the geodesic arc of radius 200 nautical miles concave to Norfolk Island to a point of Latitude 31° 30’ 00.01” South, Longitude 165° 13’ 27.08” East; and

                     (e)  thence south‑westerly along the geodesic to a point of Latitude 32° 30’ 00.01” South, Longitude 163° 06’ 58.81” East; and

                      (f)  thence clockwise southerly along the geodesic arc of radius 200 nautical miles concave to Lord Howe Island to a point of Latitude 33° 52’ 40.26” South, Longitude 162° 21’ 59.44” East; and

                     (g)  thence south‑easterly along the geodesic to a point of Latitude 36° 36’ 25.68” South, Longitude 163° 15’ 37.64” East; and

                     (h)  thence clockwise south‑westerly along the geodesic arc of radius 350 nautical miles concave to Lord Howe Island to a point of Latitude 37° 26’ 21.32” South, Longitude 161° 04’ 38.06” East; and

                      (i)  thence south‑westerly along the geodesic to a point of Latitude 37° 30’ 11.13” South, Longitude 161° 00’ 14.00” East; and

                      (j)  thence south‑westerly along the geodesic to a point of Latitude 37° 43’ 11.19” South, Longitude 160° 49’ 46.53” East; and

                     (k)  thence south‑westerly along the geodesic to a point of Latitude 37° 52’ 48.03” South, Longitude 160° 41’ 59.88” East; and

                      (l)  thence south‑westerly along the geodesic to a point of Latitude 37° 56’ 01.02” South, Longitude 160° 39’ 23.45” East; and

                    (m)  thence south‑westerly along the geodesic to a point of Latitude 38° 03’ 21.96” South, Longitude 160° 33’ 24.99” East; and

                     (n)  thence south‑westerly along the geodesic to a point of Latitude 38° 19’ 36.20” South, Longitude 160° 23’ 49.32” East; and

                     (o)  thence south‑westerly along the geodesic to a point of Latitude 39° 11’ 54.09” South, Longitude 160°00’ 03.82” East; and

                     (p)  thence south‑westerly along the geodesic to a point of Latitude 40° 39’ 54.14” South, Longitude 158° 53’ 03.98” East; and

                     (q)  thence north‑westerly along the geodesic to a point of Latitude 37° 34’ 54.39” South, Longitude 150° 10’ 04.43” East; and

                      (r)  thence north‑westerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria; and

                      (s)  thence generally northerly along the coastline of Australia at mean low water to the point of commencement.

             (2)  If there is any difference between:

                     (a)  the position on the surface of the Earth of a point (the first point) mentioned in any of paragraphs (1)(c) to (n); and

                     (b)  the position on the surface of the Earth of the closest point on a line described in Article 2 of the New Zealand boundary treaty;

subclause (1) has effect as if the reference to the first point were replaced by a reference to that closest point.

2  Scheduled area for Victoria

                   The scheduled area for Victoria is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria and runs thence south‑easterly along the geodesic to a point of Latitude 37° 34’ 54.39” South, Longitude 150° 10’ 04.43” East:

                     (a)  thence south‑easterly along the geodesic to a point of Latitude 40° 39’ 54.14” South, Longitude 158° 53’ 03.98” East; and

                     (b)  thence south‑westerly along the geodesic to a point of Latitude 41° 29’ 54.17” South, Longitude 158° 13’ 04.08” East; and

                     (c)  thence north‑westerly along the geodesic to a point of Latitude 39° 11’ 54.42” South, Longitude 150° 00’ 04.52” East; and

                     (d)  thence westerly along the loxodrome to a point of Latitude 39° 11’ 54.71” South to its intersection by the meridian of Longitude 142° 30’ 04.95” East; and

                     (e)  thence south‑westerly along the geodesic to a point of Latitude 39° 49’ 54.74” South, Longitude 142° 00’ 05.02” East; and

                      (f)  thence south‑westerly along the geodesic to a point of Latitude 43° 59’ 55.11” South, Longitude 136° 29’ 05.64” East; and

                     (g)  thence north‑easterly along the geodesic to a point of Latitude 38° 40’ 42.76” South, Longitude 140° 40’ 49.00” East; and

                     (h)  thence north‑easterly along the geodesic to a point of Latitude 38° 35’ 24.75” South, Longitude 140° 44’ 41.98” East; and

                      (i)  thence north‑easterly along the geodesic to a point of Latitude 38° 25’ 54.75” South, Longitude 140° 53’ 04.96” East; and

                      (j)  thence north‑easterly along the geodesic to a point of Latitude 38° 14’ 54.73” South, Longitude 140° 57’ 04.94” East; and

                     (k)  thence north‑easterly along the geodesic to a point that is the intersection of the parallel of Latitude 38° 09’ 54.73” South by the meridian passing through the intersection of the coastline at mean low water by the boundary between the States of South Australia and Victoria; and

                      (l)  thence north along that meridian to its intersection by the coastline at mean low water; and

                    (m)  thence along the coastline of the State of Victoria at mean low water to the point of commencement.

3  Scheduled area for Queensland

                   The scheduled area for Queensland is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Queensland and runs:

                     (a)  thence north‑easterly along the geodesic to the point of Latitude 15° 54’ 54.66” South, Longitude 138° 30’ 04.17” East; and

                     (b)  thence northerly along the loxodrome to a point of Latitude 14° 29’ 54.67” South, Longitude 138° 30’ 04.15” East; and

                     (c)  thence easterly along the loxodrome to a point of Latitude 14° 29’ 54.66” South, Longitude 139° 15’ 04.12” East; and

                     (d)  thence northerly along the loxodrome to a point of Latitude 10° 59’ 54.71” South, Longitude 139° 15’ 04.06” East; and

                     (e)  thence north‑westerly along the geodesic to the point of Latitude 10° 50’ 54.71” South, Longitude 139° 12’ 34.06” East; and

                      (f)  thence north‑westerly along the geodesic to the point of Latitude 10° 49’ 54.71” South, Longitude 139° 12’ 04.06” East; and

                     (g)  thence south‑easterly along the geodesic to the point of Latitude 11° 08’ 54.70” South, Longitude 139° 23’ 04.06” East; and

                     (h)  thence north‑easterly along the geodesic to the point of Latitude 10° 58’ 54.70” South, Longitude 140° 00’ 04.04” East; and

                      (i)  thence north‑easterly along the geodesic to the point of Latitude 9° 45’ 54.65” South, Longitude 142° 00’ 04.00” East; and

                      (j)  thence north‑easterly along the geodesic to the point of Latitude 9° 45’ 18.64” South, Longitude 142° 03’ 34.00” East; and

                     (k)  thence north‑easterly along the geodesic to the point of Latitude 9° 41’ 54.60” South, Longitude 142° 23’ 04.02” East; and

                      (l)  thence north‑easterly along the geodesic to the point of Latitude 9° 40’ 24.61” South, Longitude 142° 51’ 03.99” East; and

                    (m)  thence north‑easterly along the geodesic to the point of Latitude 9° 39’ 54.62” South, Longitude 143° 00’ 03.97” East; and

                     (n)  thence north‑easterly along the geodesic to the point of Latitude 9° 32’ 54.64” South, Longitude 143° 05’ 03.96” East; and

                     (o)  thence easterly along the loxodrome to a point of Latitude 9° 32’ 54.67” South, Longitude 143° 20’ 03.91” East; and

                     (p)  thence north‑easterly along the geodesic to the point of Latitude 9° 23’ 54.69” South, Longitude 143° 30’ 03.89” East; and

                     (q)  thence north‑easterly along the geodesic to the point of Latitude 9° 21’ 54.68” South, Longitude 143° 48’ 03.88” East; and

                      (r)  thence south‑easterly along the geodesic to the point of Latitude 9° 29’ 54.68” South, Longitude 144° 15’ 03.86” East; and

                      (s)  thence south‑easterly along the geodesic to the point of Latitude 9° 50’ 54.66” South, Longitude 144° 44’ 03.85” East; and

                      (t)  thence south‑easterly along the geodesic to the point of Latitude 12° 19’ 54.58” South, Longitude 146° 30’ 03.81” East; and

                     (u)  thence south‑easterly along the geodesic to the point of Latitude 12° 38’ 24.57” South, Longitude 147° 08’ 33.78” East; and

                     (v)  thence south‑easterly along the geodesic to the point of Latitude 12° 56’ 17.56” South, Longitude 147° 40’ 03.76” East; and

                    (w)  thence southerly along the loxodrome to a point of Latitude 13° 59’ 54.53” South, Longitude 147° 40’ 03.78” East; and

                     (x)  thence westerly along the loxodrome to a point of Latitude 13° 59’ 54.54” South, Longitude 146° 55’ 03.81” East; and

                     (y)  thence southerly along the loxodrome to a point of Latitude 17° 04’ 54.49” South, Longitude 146° 55’ 03.87” East; and

                     (z)  thence easterly along the loxodrome to a point of Latitude 17° 04’ 54.47” South, Longitude 147° 45’ 03.83” East; and

                    (za)  thence southerly along the loxodrome to a point of Latitude 18° 29’ 54.45” South, Longitude 147° 45’ 03.86” East; and

                   (zb)  thence easterly along the loxodrome to a point of Latitude 18° 29’ 54.40” South, Longitude 150° 50’ 03.71” East; and

                    (zc)  thence southerly along the loxodrome to a point of Latitude 19° 59’ 54.37” South, Longitude 150° 50’ 03.74” East; and

                   (zd)  thence easterly along the loxodrome to a point of Latitude 19° 59’ 54.36” South, Longitude 151° 30’ 03.71” East; and

                    (ze)  thence south along the loxodrome to a point of Latitude 20° 24’ 54.35” South, Longitude 151° 30’ 03.71” East; and

                    (zf)  thence easterly along the loxodrome to a point of Latitude 20° 24’ 54.32” South, Longitude 153° 05’ 03.63” East; and

                    (zg)  thence southerly along the loxodrome to a point of Latitude 22° 49’ 54.29” South, Longitude 153° 05’ 03.69” East; and

                   (zh)  thence easterly along the loxodrome to a point of Latitude 22° 49’ 54.28” South, Longitude 153° 40’ 03.65” East; and

                    (zi)  thence southerly along the loxodrome to a point of Latitude 23° 14’ 54.27” South, Longitude 153° 40’ 03.66” East; and

                    (zj)  thence east along the loxodrome to a point of Latitude 23° 14’ 54.27” South, Longitude 154° 00’ 03.65” East; and

                   (zk)  thence southerly along the loxodrome to a point of Latitude 23° 49’ 54.26” South, Longitude 154° 00’ 03.66” East; and

                    (zl)  thence easterly along the loxodrome to a point of Latitude 23° 49’ 54.23” South, Longitude 155° 15’ 03.59” East; and

                  (zm)  thence southerly along the loxodrome to a point of Latitude 24° 59’ 54.22” South, Longitude 155° 15’ 03.62” East; and

                   (zn)  thence easterly along the loxodrome to a point of Latitude 24° 59’ 54.15” South, Longitude 158° 32’ 50.43” East; and

                   (zo)  thence south‑easterly along the geodesic to the point of Latitude 25° 08’ 48.15” South, Longitude 158° 36’ 39.42” East; and

                   (zp)  thence south‑easterly along the geodesic to the point of Latitude 26° 26’ 30.03” South, Longitude 163° 43’ 30.13” East; and

                   (zq)  thence north‑easterly along the geodesic to the point of Latitude 26° 13’ 27.00” South, Longitude 165° 40’ 02.99” East; and

                    (zr)  thence southerly along the loxodrome to a point of Latitude 26° 58’ 58.99” South, Longitude 165° 40’ 03.01” East; and

                    (zs)  thence south‑westerly along the geodesic to the point of Latitude 27° 47’ 54.22” South, Longitude 154° 22’ 03.75” East; and

                    (zt)  thence south‑westerly along the geodesic to the point of Latitude 27° 57’ 54.23” South, Longitude 154° 00’ 03.78” East; and

                   (zu)  thence south‑westerly along the geodesic between the last‑mentioned point and the trigonometrical station known as Point Danger near Point Danger to its intersection by the coastline at mean low water; and

                   (zv)  thence along the coastline of the State of Queensland at mean low water to the point of commencement.

4  Scheduled area for South Australia

                   The scheduled area for South Australia is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the States of South Australia and Victoria and runs thence south along the meridian through that point to its intersection by the parallel of Latitude 38° 09’ 54.73” South:

                     (a)  thence south‑westerly along the geodesic to a point of Latitude 38° 14’ 54.73” South, Longitude 140° 57’ 04.94” East; and

                     (b)  thence south‑westerly along the geodesic to a point of Latitude 38° 25’ 54.75” South, Longitude 140° 53’ 04.96” East; and

                     (c)  thence south‑westerly along the geodesic to a point of Latitude 38° 35’ 24.75” South, Longitude 140° 44’ 41.98” East; and

                     (d)  thence south‑westerly along the geodesic to a point of Latitude 38° 40’ 42.76” South, Longitude 140° 40’ 49.00” East; and

                     (e)  thence south‑westerly along the geodesic to a point of Latitude 43° 59’ 55.11” South, Longitude 136° 29’ 05.64” East; and

                      (f)  thence westerly along the loxodrome to a point of Latitude 43° 59’ 55.49” South, Longitude 129° 00’ 05.95” East; and

                     (g)  thence northerly along the loxodrome to a point of Latitude 31° 44’ 55.02” South, Longitude 129° 00’ 05.08” East; and

                     (h)  thence northerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the States of South Australia and Western Australia; and

                      (i)  thence along the coastline of the State of South Australia at mean low water to the point of commencement.

5  Scheduled area for Western Australia

                   The scheduled area for Western Australia is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the States of South Australia and Western Australia and runs thence southerly along the geodesic to a point of Latitude 31° 44’ 55.02” South, Longitude 129° 00’ 05.08” East:

                     (a)  thence southerly along the loxodrome to a point of Latitude 43° 59’ 55.49” South, Longitude 129° 00’ 05.95” East; and

                     (b)  thence westerly along the loxodrome to a point of Latitude 43° 59’ 56.85” South, Longitude 104° 00’ 06.27” East; and

                     (c)  thence northerly along the loxodrome to a point of Latitude 13° 59’ 55.41” South, Longitude 104° 00’ 04.55” East; and

                     (d)  thence easterly along the loxodrome to a point of Latitude 13° 59’ 55.22” South, Longitude 111° 45’ 04.59” East; and

                     (e)  thence northerly along the loxodrome to a point of Latitude 12° 39’ 55.20” South, Longitude 111° 45’ 04.56” East; and

                      (f)  thence easterly along the loxodrome to a point of Latitude 12° 39’ 55.14” South, Longitude 114° 40’ 04.56” East; and

                     (g)  thence southerly along the loxodrome to a point of Latitude 13° 05’ 27.14” South, Longitude 114° 40’ 04.57” East; and

                     (h)  thence easterly along the loxodrome to a point of Latitude 13° 05’ 27.00” South, Longitude 118° 10’ 08.9” East; and

                      (i)  thence north‑easterly along the geodesic to a point of Latitude 12° 49’ 54.8” South, Longitude 118° 14’ 22.6” East; and

                      (j)  thence north‑westerly along the geodesic to a point of Latitude 12° 04’ 24.9” South, Longitude 118° 06’ 17.2” East; and

                     (k)  thence north‑westerly along the geodesic to a point of Latitude 12° 04’ 08.8” South, Longitude 118° 06’ 14.4” East; and

                      (l)  thence south‑easterly along the geodesic to a point of Latitude 12° 04’ 19.0” South, Longitude 118° 07’ 44.0” East; and

                    (m)  thence south‑easterly along the geodesic to a point of Latitude 12° 06’ 21.0” South, Longitude 118° 20’ 45.0” East; and

                     (n)  thence south‑easterly along the geodesic to a point of Latitude 12° 07’ 46.0” South, Longitude 118° 25’ 07.0” East; and

                     (o)  thence south‑easterly along the geodesic to a point of Latitude 12° 10’ 06.0” South, Longitude 118° 35’ 16.0” East; and

                     (p)  thence south‑easterly along the geodesic to a point of Latitude 12° 10’ 26.0” South, Longitude 118° 37’ 28.0” East; and

                     (q)  thence south‑easterly along the geodesic to a point of Latitude 12° 11’ 01.0” South, Longitude 118° 39’ 00.0” East; and

                      (r)  thence south‑easterly along the geodesic to a point of Latitude 12° 13’ 12.0” South, Longitude 118° 43’ 09.0” East; and

                      (s)  thence south‑easterly along the geodesic to a point of Latitude 12° 15’ 57.0” South, Longitude 118° 49’ 30.0” East; and

                      (t)  thence south‑easterly along the geodesic to a point of Latitude 12° 17’ 54.0” South, Longitude 118° 55’ 12.0” East; and

                     (u)  thence south‑easterly along the geodesic to a point of Latitude 12° 18’ 50.0” South, Longitude 118° 58’ 31.0” East; and

                     (v)  thence south‑easterly along the geodesic to a point of Latitude 12° 19’ 55.0” South, Longitude 119° 02’ 40.0” East; and

                    (w)  thence south‑easterly along the geodesic to a point of Latitude 12° 20’ 21.0” South, Longitude 119° 05’ 00.0” East; and

                     (x)  thence south‑easterly along the geodesic to a point of Latitude 12° 21’ 51.0” South, Longitude 119° 09’ 03.0” East; and

                     (y)  thence south‑easterly along the geodesic to a point of Latitude 12° 23’ 42.0” South, Longitude 119° 15’ 23.0” East; and

                     (z)  thence south‑easterly along the geodesic to a point of Latitude 12° 23’ 58.0” South, Longitude 119° 16’ 35.0” East; and

                    (za)  thence south‑easterly along the geodesic to a point of Latitude 12° 24’ 59.0” South, Longitude 119° 20’ 34.0” East; and

                   (zb)  thence south‑easterly along the geodesic to a point of Latitude 12° 25’ 43.0” South, Longitude 119° 21’ 35.0” East; and

                    (zc)  thence south‑easterly along the geodesic to a point of Latitude 12° 29’ 19.0” South, Longitude 119° 27’ 17.0” East; and

                   (zd)  thence south‑easterly along the geodesic to a point of Latitude 12° 32’ 31.0” South, Longitude 119° 33’ 16.0” East; and

                    (ze)  thence south‑easterly along the geodesic to a point of Latitude 12° 35’ 43.0” South, Longitude 119° 40’ 33.0” East; and

                    (zf)  thence south‑easterly along the geodesic to a point of Latitude 12° 40’ 33.0” South, Longitude 119° 50’ 28.0” East; and

                    (zg)  thence south‑easterly along the geodesic to a point of Latitude 12° 41’ 36.0” South, Longitude 119° 52’ 38.0” East; and

                   (zh)  thence south‑easterly along the geodesic to a point of Latitude 12° 41’ 46.0” South, Longitude 119° 52’ 57.0” East; and

                    (zi)  thence south‑easterly along the geodesic to a point of Latitude 12° 41’ 57.0” South, Longitude 119° 53’ 18.0” East; and

                    (zj)  thence south‑easterly along the geodesic to a point of Latitude 12° 43’ 46.0” South, Longitude 119° 56’ 13.0” East; and

                   (zk)  thence south‑easterly along the geodesic to a point of Latitude 12° 45’ 38.0” South, Longitude 119° 59’ 15.0” East; and

                    (zl)  thence south‑easterly along the geodesic to a point of Latitude 12° 45’ 47.0” South, Longitude 119° 59’ 31.0” East; and

                  (zm)  thence south‑easterly along the geodesic to a point of Latitude 12° 46’ 27.9” South, Longitude 120° 00’ 46.9” East; and

                   (zn)  thence south along the loxodrome to a point of Latitude 13° 56’ 31.7” South, Longitude 120° 00’ 46.9” East; and

                   (zo)  thence north‑easterly along the geodesic to a point of Latitude 12° 43’ 08.29” South, Longitude 121° 49’ 15.80” East; and

                   (zp)  thence south‑easterly along the geodesic to a point of Latitude 12° 55’ 54.99” South, Longitude 122° 06’ 04.50” East; and

                   (zq)  thence south‑easterly along the geodesic to a point of Latitude 13° 19’ 54.98” South, Longitude 122° 41’ 04.50” East; and

                    (zr)  thence easterly along the geodesic to a point of Latitude 13° 19’ 24.97” South, Longitude 123° 16’ 49.49” East; and

                    (zs)  thence easterly along the loxodrome to a point of Latitude 13° 19’ 24.94” South, Longitude 124° 27’ 49.48” East; and

                    (zt)  thence north‑easterly along the geodesic to a point of Latitude 13° 13’ 09.94” South, Longitude 124° 36’ 19.47” East; and

                   (zu)  thence north‑easterly along the geodesic to a point of Latitude 12° 46’ 09.93” South, Longitude 124° 55’ 34.46” East; and

                   (zv)  thence north‑easterly along the geodesic to a point of Latitude 11° 50’ 54.92” South, Longitude 125° 27’ 49.43” East; and

                   (zw)  thence north‑easterly along the geodesic to a point of Latitude 11° 44’ 24.92” South, Longitude 125° 31’ 34.43” East; and

                   (zx)  thence north‑easterly along the geodesic to a point of Latitude 10° 21’ 24.91” South, Longitude 126° 10’ 34.39” East; and

                   (zy)  thence north‑easterly along the geodesic to a point of Latitude 10° 12’ 54.90” South, Longitude 126° 26’ 34.39” East; and

                    (zz)  thence north‑easterly along the geodesic to a point of Latitude 10° 04’ 54.90” South, Longitude 126° 47’ 34.38” East; and

                  (zza)  thence south‑easterly along the geodesic to a point of Latitude 11° 13’ 09.88” South, Longitude 127° 32’ 04.38” East; and

                  (zzb)  thence south‑easterly along the geodesic to a point of Latitude 11° 47’ 54.88” South, Longitude 127° 53’ 49.38” East; and

                  (zzc)  thence south‑easterly along the geodesic to a point of Latitude 12° 26’ 24.87” South, Longitude 128° 22’ 04.39” East; and

                  (zzd)  thence south‑easterly along the geodesic to a point of Latitude 12° 32’ 39.87” South, Longitude 128° 24’ 04.39” East; and

                  (zze)  thence south‑easterly along the geodesic to a point of Latitude 12° 55’ 24.86” South, Longitude 128° 28’ 04.39” East; and

                  (zzf)  thence southerly along the loxodrome to a point of Latitude 13° 15’ 24.86” South, Longitude 128° 28’ 04.40” East; and

                  (zzg)  thence south‑easterly along the geodesic to a point of Latitude 13° 39’ 39.86” South, Longitude 128° 30’ 49.41” East; and

                  (zzh)  thence south‑easterly along the geodesic to a point of Latitude 13° 49’ 39.86” South, Longitude 128° 33’ 19.41” East; and

                   (zzi)  thence south‑easterly along the geodesic to a point of Latitude 13° 59’ 54.86” South, Longitude 128° 42’ 19.41” East; and

                   (zzj)  thence south‑easterly along the geodesic to a point of Latitude 14° 19’ 24.89” South, Longitude 128° 53’ 04.39” East; and

                  (zzk)  thence south‑easterly along the geodesic to a point of Latitude 14° 32’ 24.91” South, Longitude 129° 01’ 19.38” East; and

                   (zzl)  thence southerly along the geodesic to a point of Latitude 14° 37’ 24.91” South, Longitude 129° 01’ 49.38” East; and

                 (zzm)  thence southerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Western Australia; and

                  (zzn)  thence along the coastline of the State of Western Australia at mean low water to the point of commencement.

6  Scheduled area for Tasmania

             (1)  The scheduled area for Tasmania is the area the boundary of which commences at a point of Latitude 39° 11’ 54.71” South, Longitude 142° 30’ 04.95” East and runs thence easterly along the loxodrome to a point of Latitude 39° 11’ 54.42” South, Longitude 150° 00’ 04.52” East:

                     (a)  thence south‑easterly along the geodesic to a point of Latitude 41° 29’ 54.17” South, Longitude 158° 13’ 04.08” East; and

                     (b)  thence south‑westerly along the geodesic to a point of Latitude 45° 59’ 54.35” South, Longitude 155° 24’ 04.60” East; and

                     (c)  thence south‑easterly along the geodesic to a point of Latitude 51° 04’ 48.97” South, Longitude 158° 01’ 25.98” East; and

                     (d)  thence clockwise easterly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 51° 01’ 38.45” South, Longitude 158° 59’ 53.57” East; and

                     (e)  thence clockwise easterly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 51° 10’ 36.31” South, Longitude 160° 37’ 30.11” East; and

                      (f)  thence south‑easterly along the geodesic to a point of Latitude 51° 26’ 17.81” South, Longitude 160° 57’ 46.87” East; and

                     (g)  thence south‑easterly along the geodesic to a point of Latitude 52° 11’ 26.55” South, Longitude 161° 57’ 11.15” East; and

                     (h)  thence south‑easterly along the geodesic to a point of Latitude 52° 15’ 53.25” South, Longitude 162° 03’ 07.43” East; and

                      (i)  thence south‑easterly along the geodesic to a point of Latitude 52° 27’ 43.13” South, Longitude 162° 18’ 59.49” East; and

                      (j)  thence south‑easterly along the geodesic to a point of Latitude 52° 40’ 46.87” South, Longitude 162° 36’ 30.28” East; and

                     (k)  thence south‑easterly along the geodesic to a point of Latitude 52° 46’ 50.63” South, Longitude 162° 44’ 42.77” East; and

                      (l)  thence south‑easterly along the geodesic to a point of Latitude 52° 47’ 42.62” South, Longitude 162° 45’ 53.41” East; and

                    (m)  thence south‑easterly along the geodesic to a point of Latitude 53° 42’ 58.17” South, Longitude 164° 03’ 13.39” East; and

                     (n)  thence south‑easterly along the geodesic to a point of Latitude 53° 50’ 59.85” South, Longitude 164° 14’ 42.04” East; and

                     (o)  thence south‑easterly along the geodesic to a point of Latitude 54° 13’ 59.00” South, Longitude 164° 26’ 41.46” East; and

                     (p)  thence south‑easterly along the geodesic to a point of Latitude 54° 40’ 13.66” South, Longitude 164° 40’ 40.22” East; and

                     (q)  thence south‑easterly along the geodesic to a point of Latitude 54° 41’ 43.04” South, Longitude 164° 41’ 28.44” East; and

                      (r)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 54° 56’ 14.19” South, Longitude 164° 39’ 00.39” East; and

                      (s)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 55° 00’ 11.95” South, Longitude 164° 38’ 17.35” East; and

                      (t)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 55° 10’ 06.12” South, Longitude 164° 36’ 21.26” East; and

                     (u)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 55° 14’ 12.62” South, Longitude 164° 35’ 21.12” East; and

                     (v)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 55° 42’ 50.11” South, Longitude 164° 26’ 46.41” East; and

                    (w)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 55° 52’ 23.71” South, Longitude 164° 23’ 57.71” East; and

                     (x)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 56° 38’ 56.16” South, Longitude 163° 56’ 44.86” East; and

                     (y)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 56° 52’ 19.73” South, Longitude 163° 44’ 04.71” East; and

                     (z)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 57° 09’ 53.31” South, Longitude 163° 23’ 17.53” East; and

                    (za)  thence southerly along the geodesic to a point of Latitude 57° 21’ 25.18” South, Longitude 163° 23’ 44.03” East; and

                   (zb)  thence southerly along the geodesic to a point of Latitude 57° 48’ 21.07” South, Longitude 163° 24’ 47.01” East; and

                    (zc)  thence south‑easterly along the geodesic to a point of Latitude 58° 29’ 54.22” South, Longitude 170° 00’ 04.27” East; and

                   (zd)  thence south‑westerly along the geodesic to a point of Latitude 62° 29’ 54.74” South, Longitude 160° 00’ 06.18” East; and

                    (ze)  thence north‑westerly along the geodesic to a point of Latitude 43° 59’ 55.11” South, Longitude 136° 29’ 05.64” East; and

                    (zf)  thence north‑easterly along the geodesic to a point of Latitude 39° 49’ 54.74” South, Longitude 142° 00’ 05.02” East; and

                    (zg)  thence north‑easterly along the geodesic to the point of commencement.

             (2)  If there is any difference between:

                     (a)  the position on the surface of the Earth of a point (the first point) mentioned in any of paragraphs (1)(c) to (zb); and

                     (b)  the position on the surface of the Earth of the closest point on a line described in Article 3 of the New Zealand boundary treaty;

subclause (1) has effect as if the reference to the first point were replaced by a reference to that closest point.

7  Scheduled area for the Northern Territory

                   The scheduled area for the Northern Territory is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Western Australia and runs thence northerly along the geodesic to a point of Latitude 14° 37’ 24.91” South, Longitude 129° 01’ 49.38” East:

                     (a)  thence northerly along the geodesic to a point of Latitude 14° 32’ 24.91” South, Longitude 129° 01’ 19.38” East; and

                     (b)  thence north‑westerly along the geodesic to a point of Latitude 14° 19’ 24.89” South, Longitude 128° 53’ 04.39” East; and

                     (c)  thence north‑westerly along the geodesic to a point of Latitude 13° 59’ 54.86” South, Longitude 128° 42’ 19.41” East; and

                     (d)  thence north‑westerly along the geodesic to a point of Latitude 13° 49’ 39.86” South, Longitude 128° 33’ 19.41” East; and

                     (e)  thence north‑westerly along the geodesic to a point of Latitude 13° 39’ 39.86” South, Longitude 128° 30’ 49.41” East; and

                      (f)  thence north‑westerly along the geodesic to a point of Latitude 13° 15’ 24.86” South, Longitude 128° 28’ 04.40” East; and

                     (g)  thence northerly along the loxodrome to a point of Latitude 12° 55’ 24.86” South, Longitude 128° 28’ 04.39” East; and

                     (h)  thence north‑westerly along the geodesic to a point of Latitude 12° 32’ 39.87” South, Longitude 128° 24’ 04.39” East; and

                      (i)  thence north‑westerly along the geodesic to a point of Latitude 12° 26’ 24.87” South, Longitude 128° 22’ 04.39” East; and

                      (j)  thence north‑westerly along the geodesic to a point of Latitude 11° 47’ 54.88” South, Longitude 127° 53’ 49.38” East; and

                     (k)  thence north‑westerly along the geodesic to a point of Latitude 11° 13’ 09.88” South, Longitude 127° 32’ 04.38” East; and

                      (l)  thence north‑westerly along the geodesic to a point of Latitude 10° 04’ 54.90” South, Longitude 126° 47’ 34.38” East; and

                    (m)  thence north‑easterly along the geodesic to a point of Latitude 9° 53’ 39.89” South, Longitude 127° 18’ 34.36” East; and

                     (n)  thence north‑easterly along the geodesic to a point of Latitude 9° 27’ 54.88” South, Longitude 127° 56’ 04.35” East; and

                     (o)  thence north‑easterly along the loxodrome to a point of Latitude 9° 24’ 54.88” South, Longitude 128° 00’ 04.34” East; and

                     (p)  thence easterly along the loxodrome to a point of Latitude 9° 24’ 54.85” South, Longitude 130° 10’ 04.30” East; and

                     (q)  thence north‑easterly along the loxodrome to a point of Latitude 8° 53’ 54.82” South, Longitude 133° 14’ 04.22” East; and

                      (r)  thence north‑easterly along the loxodrome to a point of Latitude 8° 52’ 54.81” South, Longitude 133° 23’ 04.21” East; and

                      (s)  thence south‑easterly along the loxodrome to a point of Latitude 9° 24’ 54.79” South, Longitude 134° 50’ 04.18” East; and

                      (t)  thence north‑easterly along the loxodrome to a point of Latitude 9° 21’ 54.79” South, Longitude 135° 03’ 04.17” East; and

                     (u)  thence north‑easterly along the loxodrome to a point of Latitude 9° 16’ 54.79” South, Longitude 135° 13’ 04.17” East; and

                     (v)  thence north‑easterly along the loxodrome to a point of Latitude 9° 07’ 54.79” South, Longitude 135° 29’ 04.16” East; and

                    (w)  thence south‑easterly along the loxodrome to a point of Latitude 9° 56’ 54.74” South, Longitude 137° 45’ 04.10” East; and

                     (x)  thence south‑easterly along the loxodrome to a point of Latitude 10° 08’ 54.73” South, Longitude 138° 13’ 04.09” East; and

                     (y)  thence south‑easterly along the loxodrome to a point of Latitude 10° 21’ 54.73” South, Longitude 138° 35’ 04.08” East; and

                     (z)  thence south‑easterly along the loxodrome to a point of Latitude 10° 23’ 54.72” South, Longitude 138° 38’ 04.08” East; and

                    (za)  thence south‑easterly along the loxodrome to a point of Latitude 10° 49’ 54.71” South, Longitude 139° 12’ 04.06” East; and

                   (zb)  thence south‑easterly along the geodesic to a point of Latitude 10° 50’ 54.71” South, Longitude 139° 12’ 34.06” East; and

                    (zc)  thence south‑easterly along the geodesic to a point of Latitude 10° 59’ 54.71” South, Longitude 139° 15’ 04.06” East; and

                   (zd)  thence southerly along the loxodrome to a point of Latitude 14° 29’ 54.66” South, Longitude 139° 15’ 04.12” East; and

                    (ze)  thence westerly along the loxodrome to a point of Latitude 14° 29’ 54.67” South, Longitude 138° 30’ 04.15” East; and

                    (zf)  thence southerly along the loxodrome to a point of Latitude 15° 54’ 54.66” South, Longitude 138° 30’ 04.17” East; and

                    (zg)  thence south‑westerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Queensland; and

                   (zh)  thence along the coastline of the Northern Territory of Australia at mean low water to the point of commencement.

8  Scheduled area for the Territory of Ashmore and Cartier Islands

                   The scheduled area for the Territory of Ashmore and Cartier Islands is the area the boundary of which commences at a point of Latitude 12° 43’ 08.29” South, Longitude 121° 49’ 15.80” East and runs thence north‑easterly along the geodesic to a point of Latitude 12° 14’ 25.8” South, Longitude 122° 31’ 06.6” East:

                     (a)  thence northerly along the arc of a circle drawn concave to Ashmore Islands with a radius of 24 nautical miles to a point of Latitude 12° 06’ 44.6” South, Longitude 122° 32’ 24.1” East; and

                     (b)  thence generally northerly, north‑easterly, easterly, and south‑easterly along a series of intersecting circular arcs drawn concave to Ashmore Islands with a radius of 24 nautical miles and having the vertices set out in the table:

 

Vertices

Item

South latitude

East longitude

1

12° 03’ 12.2’’

122° 33’ 55.8’’

2

12° 02’ 05.0’’

122° 34’ 33.8’’

3

12° 00’ 41.4’’

122° 35’ 27.9’’

4

11° 55’ 46.7’’

122° 40’ 00.5’’

5

11° 54’ 56.3’’

122° 41’ 04.3’’

6

11° 52’ 53.4’’

122° 44’ 16.8’’

7

11° 51’ 53.3’’

122° 46’ 21.2’’

8

11° 51’ 22.4’’

122° 47’ 38.9’’

9

11° 51’ 12.9’’

122° 48’ 05.1’’

10

11° 50’ 48.1’’

122° 49’ 19.9’’

11

11° 50’ 00.6’’

122° 50’ 34.5’’

12

11° 48’ 32.1’’

122° 53’ 24.7’’

13

11° 47’ 31.0’’

122° 56’ 08.2’’

14

11° 47’ 07.4’’

122° 57’ 32.5’’

15

11° 46’ 44.2’’

122° 59’ 22.9’’

16

11° 46’ 31.8’’

123° 00’ 49.7’’

17

11° 46’ 25.7’’

123° 05’ 27.9’’

18

11° 47’ 25.6’’

123° 11’ 02.9’’

19

11° 47’ 38.9’’

123° 12’ 05.2’’

20

11° 47’ 40.3’’

123° 12’ 12.7’’

21

11° 47’ 59.3’’

123° 13’ 38.1’’

                     (c)  thence south‑easterly along the arc of a circle drawn concave to Ashmore Islands with a radius of 24 nautical miles to a point of Latitude 11° 48’ 06.1’’ South, Longitude 123° 14’ 04.5’’ East; and

                     (d)  thence northerly along the loxodrome to a point of Latitude 11° 34’ 54.95” South, Longitude 123° 14’ 04.47” East; and

                     (e)  thence north‑easterly along the loxodrome to a point of Latitude 11° 22’ 54.94” South, Longitude 123° 26’ 04.46” East; and

                      (f)  thence south‑easterly along the loxodrome to a point of Latitude 11° 27’ 54.94” South, Longitude 123° 40’ 04.46” East; and

                     (g)  thence north‑easterly along the loxodrome to a point of Latitude 11° 25’ 54.93” South, Longitude 124° 00’ 04.45” East; and

                     (h)  thence north‑easterly along the loxodrome to a point of Latitude 11° 24’ 54.93” South, Longitude 124° 10’ 04.45” East; and

                      (i)  thence north‑easterly along the loxodrome to a point of Latitude 11° 06’ 54.92” South, Longitude 124° 34’ 04.44” East; and

                      (j)  thence north‑easterly along the loxodrome to a point of Latitude 11° 00’ 54.91” South, Longitude 125° 19’ 04.43” East; and

                     (k)  thence north‑easterly along the loxodrome to a point of Latitude 10° 36’ 54.90” South, Longitude 125° 41’ 04.41” East; and

                      (l)  thence north‑easterly along the loxodrome to a point of Latitude 10° 27’ 54.90” South, Longitude 126° 00’ 04.40” East; and

                    (m)  thence north‑easterly along the geodesic to a point of Latitude 10° 21’ 24.91” South, Longitude 126° 10’ 34.39” East; and

                     (n)  thence south‑westerly along the geodesic to a point of Latitude 11° 44’ 24.92” South, Longitude 125° 31’ 34.43” East; and

                     (o)  thence south‑westerly along the geodesic to a point of Latitude 11° 50’ 54.92” South, Longitude 125° 27’ 49.43” East; and

                     (p)  thence south‑westerly along the geodesic to a point of Latitude 12° 46’ 09.93” South, Longitude 124° 55’ 34.46” East; and

                     (q)  thence south‑westerly along the geodesic to a point of Latitude 13° 13’ 09.94” South, Longitude 124° 36’ 19.47” East; and

                      (r)  thence south‑westerly along the geodesic to a point of Latitude 13° 19’ 24.94” South, Longitude 124° 27’ 49.48” East; and

                      (s)  thence westerly along the loxodrome to a point of Latitude 13° 19’ 24.97” South, Longitude 123° 16’ 49.49” East; and

                      (t)  thence westerly along the geodesic to a point of Latitude 13° 19’ 54.98” South, Longitude 122° 41’ 04.50” East; and

                     (u)  thence north‑westerly along the geodesic to a point of Latitude 12° 55’ 54.99” South, Longitude 122° 06’ 04.50” East; and

                     (v)  thence north‑westerly along the geodesic to the point of commencement.

9  References to this Schedule in other laws

             (1)  A reference in a law of the Commonwealth (other than this Act) to:

                     (a)  the area described in this Schedule in relation to a State or Territory; and

                     (b)  the area described in this Schedule that refers to a State or Territory; and

                     (c)  the area described in this Schedule under the heading that refers to a State or Territory; and

                     (d)  the area:

                              (i)  off the coast of a State or Territory; and

                             (ii)  that is described in this Schedule;

(whether or not the State or Territory is specified in that law) is a reference to the scheduled area for that State or Territory.

             (2)  A reference in a law of the Commonwealth (other than this Act) to the areas described in this Schedule is a reference to the scheduled areas for the States and Territories.

             (3)  A reference in a law of the Commonwealth (other than this Act) to an area adjacent to Australia as described in this Schedule is a reference to a scheduled area for a State or Territory.

Schedule 2Area that includes the area to be avoided

Note:       See section 614 (for datum, see section 40).

  

  

1  Area that includes the area to be avoided

                   This Schedule applies to the area the boundary of which commences at the most easterly intersection of the coastline of the State of Victoria at mean low water by the parallel of Latitude 38° 14’ 54.50” South and runs thence south‑easterly along the geodesic to the point of Latitude 38° 34’ 54.49” South, Longitude 147° 44’ 04.61” East:

                     (a)  thence south‑easterly along the geodesic to the point of Latitude 38° 40’ 54.48” South, Longitude 148° 06’ 04.60 East; and

                     (b)  thence easterly along the loxodrome to a point of Latitude 38° 40’ 54.47” South, Longitude 148° 13’ 04.59” East; and

                     (c)  thence north‑easterly along the geodesic to the point of Latitude 38° 31’ 54.46” South, Longitude 148° 26’ 04.57” East; and

                     (d)  thence north‑easterly along the geodesic to the point of Latitude 38° 18’ 54.46” South, Longitude 148° 35’ 04.55” East; and

                     (e)  thence north‑westerly along the geodesic to the point of Latitude 38° 07’ 54.46” South, Longitude 148° 31’ 04.55” East; and

                      (f)  thence north‑westerly along the geodesic to the point of Latitude 38° 04’ 54.47” South, Longitude 148° 24’ 04.55” East; and

                     (g)  thence north‑westerly along the geodesic to the intersection of the coastline of the State of Victoria at mean low water by the parallel of Latitude 37° 57’ 54.48” South; and

                     (h)  thence along the coastline of the State of Victoria at mean low water to the point of commencement.

Schedule 3Occupational health and safety

Note:       See section 637.

Part 1Introduction

  

1  Objects

                   The objects of this Schedule are, in relation to facilities located in Commonwealth waters:

                     (a)  to secure the health, safety and welfare of persons at or near those facilities; and

                     (b)  to protect persons at or near those facilities from risks to health and safety arising out of activities being conducted at those facilities; and

                     (c)  to ensure that expert advice is available on occupational health and safety matters in relation to those facilities; and

                     (d)  to promote an occupational environment for members of the workforce at such facilities that is adapted to their needs relating to health and safety; and

                     (e)  to foster a consultative relationship between all relevant persons concerning the health, safety and welfare of members of the workforce at those facilities.

2  Simplified outline

                   The following is a simplified outline of this Schedule:

•      This Schedule sets up a scheme to regulate occupational health and safety matters at or near facilities located in Commonwealth waters.

•      Occupational health and safety duties are imposed on the following:

               (a)     the operator of a facility;

              (b)     a person in control of a part of a facility, or of any work carried out at a facility;

               (c)     an employer;

              (d)     a manufacturer of plant, or a substance, for use at a facility;

               (e)     a supplier of a facility, or of any plant or substance for use at a facility;

               (f)     a person who erects or installs a facility, or any plant at a facility;

               (g)     a person at a facility.

•      A group of members of the workforce at a facility may be established as a designated work group.

•      The members of a designated work group may select a health and safety representative for that designated work group.

•      The health and safety representative may exercise certain powers for the purpose of promoting or ensuring the health and safety of the group members.

•      An OHS inspector may conduct an inspection:

               (a)     to ascertain whether a listed OHS law is being complied with; or

              (b)     concerning a contravention or a possible contravention of a listed OHS law; or

               (c)     concerning an accident or dangerous occurrence that has happened at or near a facility.

•      The operator of a facility must report accidents and dangerous occurrences to NOPSEMA.

3  Definitions

                   In this Schedule, unless the contrary intention appears:

accident includes the contraction of a disease.

associated offshore place, in relation to a facility, means any offshore place near the facility where activities (including diving activities) relating to the construction, installation, operation, maintenance or decommissioning of the facility take place, but does not include:

                     (a)  another facility; or

                     (b)  a supply vessel, offtake tanker, anchor handler or tugboat; or

                     (c)  a vessel, or structure, that is declared by the regulations not to be an associated offshore place.

Commonwealth waters has the same meaning as in Part 6.9 of this Act.

contract includes an arrangement or understanding.

contractor has the meaning given by clause 8.

contravention, if the contravention is an offence, includes an offence against:

                     (a)  section 6 of the Crimes Act 1914; or

                     (b)  section 11.1, 11.4 or 11.5 of the Criminal Code;

that relates to the first‑mentioned offence.

dangerous occurrence means an occurrence declared by the regulations to be a dangerous occurrence for the purposes of this definition.

data includes:

                     (a)  information in any form; and

                     (b)  any program (or part of a program).

data held in a computer includes:

                     (a)  data held in any removable data storage device for the time being held in a computer; and

                     (b)  data held in a data storage device on a computer network of which the computer forms a part.

data storage device means a thing containing, or designed to contain, data for use by a computer.

derived:

                     (a)  in relation to a petroleum title—has the meaning given by clause 8A; or

                     (b)  in relation to a greenhouse gas title—has the meaning given by clause 8B.

designated work group means:

                     (a)  a group of members of the workforce at a facility that is established as a designated work group under clause 19 or 20; or

                     (b)  that group as varied in accordance with clause 21 or 22.

employee, in relation to an employer, means an employee of that employer.

employer means an employer who carries on an activity at a facility.

enter, when used in relation to a vessel, includes board.

facility means a facility as defined by clause 4, and:

                     (a)  includes a facility (as defined by clause 4) that is being constructed or installed; and

                     (b)  except in the definition of associated offshore place, includes an associated offshore place in relation to a facility (as defined by clause 4).

greenhouse gas title means:

                     (a)  a greenhouse gas assessment permit; or

                     (b)  a greenhouse gas holding lease; or

                     (c)  a greenhouse gas injection licence.

group member, in relation to a designated work group at a facility, means a person who is:

                     (a)  a member of the workforce at that facility; and

                     (b)  included in that designated work group.

improvement notice means an improvement notice issued under subclause 78(1).

inspection means an inspection conducted under Part 4 of this Schedule. For this purpose, an inspection may include an investigation or inquiry, but need not include a physical inspection of any facility, premises or other thing.

master, in relation to a vessel, means the person having command or charge of the vessel.

member of the workforce, in relation to a facility, means an individual who does work at the facility:

                     (a)  whether as an employee of the operator of the facility or of another person; or

                     (b)  whether as a contractor of the operator or of another person.

offence against a listed OHS law includes an offence against section 6 of the Crimes Act 1914 that relates to an offence against a listed OHS law.

Note:          For other ancillary offences, see section 11.6 of the Criminal Code.

offshore greenhouse gas storage operations has the same meaning as in Part 6.9 of this Act.

offshore petroleum operations has the same meaning as in Part 6.9 of this Act.

OHS inspector means an OHS inspector appointed under section 680.

operator, in relation to a facility or proposed facility, has the meaning given by clause 5.

operator’s representative at a facility means a person present at the facility in compliance with the obligations imposed on the operator by clause 6.

own includes own jointly or own in part.

petroleum title means:

                     (a)  a petroleum exploration permit; or

                     (b)  a petroleum retention lease; or

                     (c)  a petroleum production licence.

plant includes any machinery, equipment or tool, or any component.

premises includes the following:

                     (a)  a structure or building;

                     (b)  a place (whether or not enclosed or built on);

                     (c)  a part of a thing referred to in paragraph (a) or (b).

prohibition notice means a prohibition notice issued under subclause 77(1).

proposed facility means a facility proposed to be constructed, installed or operated.

recovery, in relation to petroleum, includes all processes directly or indirectly associated with its recovery. This definition does not, by implication, limit the meaning of the expression recovery when used in a provision of this Act other than this Schedule.

registered organisation means an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009.

regulated business premises means:

                     (a)  a facility; or

                     (b)  premises that are:

                              (i)  occupied by a person who is the operator of a facility; and

                             (ii)  used, or proposed to be used, wholly or principally in connection with offshore petroleum operations or offshore greenhouse gas storage operations; or

                     (c)  premises that are:

                              (i)  occupied by a person who is the registered holder of a petroleum title; and

                             (ii)  used, or proposed to be used, wholly or principally in connection with offshore petroleum operations; or

                     (d)  premises that are:

                              (i)  occupied by a person who is the registered holder of a greenhouse gas title; and

                             (ii)  used, or proposed to be used, wholly or principally in connection with offshore greenhouse gas storage operations.

regulations means regulations made for the purposes of this Schedule.

reviewing authority means the Fair Work Commission.

work means work offshore that is directly or indirectly related to the construction, installation, operation, maintenance or decommissioning of a facility.

workforce representative means:

                     (a)  in relation to a person who is a member of the workforce at a facility—an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009, of which that person is a member, if the person is qualified to be a member of that organisation or association because of the work the person performs at the facility; or

                     (b)  in relation to a designated work group or a proposed designated work group—an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009, of which a person who is, or who is likely to be, in the work group is a member, if the person is qualified to be a member of that organisation or association because of the work the person performs, or will perform, at a facility as a member of the group.

work group employer, in relation to a designated work group at a facility, means an employer of one or more group members, but does not include the operator of the facility.

workplace, in relation to a facility, means the whole facility or any part of the facility.

4  Facilities

Vessels or structures that are facilities—offshore petroleum operations

             (1)  A vessel or structure is taken to be a facility for the purposes of this Schedule while that vessel or structure:

                     (a)  is located at a site in Commonwealth waters; and

                     (b)  is being used, or prepared for use, at that site:

                              (i)  for the recovery of petroleum, for the processing of petroleum, or for the storage and offloading of petroleum, or for any combination of those activities; or

                             (ii)  for the provision of accommodation for persons working on another facility, whether connected by a walkway to that other facility or not; or

                            (iii)  for drilling or servicing a well for petroleum or doing work associated with the drilling or servicing process; or

                            (iv)  for laying pipes for petroleum, including any manufacturing of such pipes, or for doing work on an existing pipe; or

                             (v)  for the erection, dismantling or decommissioning of a vessel or structure referred to in a previous subparagraph of this paragraph; or

                            (vi)  for any other purpose related to offshore petroleum operations that is prescribed for the purposes of this subparagraph.

             (2)  Subclause (1) applies to a vessel or structure:

                     (a)  whether it is floating or fixed; and

                     (b)  whether or not it is capable of independent navigation.

             (3)  Subclause (1) has effect subject to subclauses (6) and (7).

             (4)  A vessel or structure used for a purpose referred to in subparagraph (1)(b)(i) includes:

                     (a)  any wells and associated plant and equipment by means of which petroleum processed or stored at the vessel or structure is recovered; and

                     (b)  any pipe or system of pipes through which petroleum is conveyed from a well to the vessel or structure; and

                     (c)  any secondary line associated with the vessel or structure.

             (5)  For the purposes of subclause (1), a vessel or structure that is located offshore for the purpose of laying pipes as described in subparagraph (1)(b)(iv) is taken to be located at a site, despite the fact that the vessel or structure moves as the pipe laying process proceeds.

Vessels or structures that are facilities—offshore greenhouse gas storage operations

          (5A)  A vessel or structure is taken to be a facility for the purposes of this Schedule while that vessel or structure:

                     (a)  is located at a site in Commonwealth waters; and

                     (b)  is being used, or prepared for use, at that site:

                              (i)  for the injection of a greenhouse gas substance into the seabed or subsoil; or

                             (ii)  for the storage of a greenhouse gas substance in the seabed or subsoil; or

                            (iii)  for the compression of a greenhouse gas substance; or

                            (iv)  for the processing of a greenhouse gas substance; or

                             (v)  for the pre‑injection storage of a greenhouse gas substance; or

                            (vi)  for the offloading of a greenhouse gas substance; or

                           (vii)  for the monitoring of a greenhouse gas substance stored in the seabed or subsoil; or

                          (viii)  for any combination of activities covered by any of the preceding subparagraphs; or

                            (ix)  for the provision of accommodation for persons working on another facility, whether connected by a walkway to that other facility or not; or

                             (x)  for drilling or servicing a well for injecting a greenhouse gas substance into the seabed or subsoil or doing work associated with the drilling or servicing process; or

                            (xi)  for laying pipes for conveying a greenhouse gas substance, including any manufacturing of such pipes, or for doing work on an existing pipe; or

                           (xii)  for the erection, dismantling or decommissioning of a vessel or structure referred to in a previous subparagraph of this paragraph; or

                          (xiii)  for any other purpose related to offshore greenhouse gas storage operations that is prescribed for the purposes of this subparagraph.

          (5B)  Subclause (5A) applies to a vessel or structure:

                     (a)  whether it is floating or fixed; and

                     (b)  whether or not it is capable of independent navigation.

          (5C)  Subclause (5A) has effect subject to subclauses (6) and (7).

          (5D)  A vessel or structure used for a purpose referred to in subparagraph (5A)(b)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) includes:

                     (a)  any wells and associated plant and equipment by means of which a greenhouse gas substance processed or temporarily stored at the vessel or structure is injected into the seabed or subsoil; and

                     (b)  any pipe or system of pipes through which a greenhouse gas substance is conveyed from the vessel or structure to a well; and

                     (c)  any greenhouse gas injection line associated with the vessel or structure.

          (5E)  For the purposes of subclause (5A), a vessel or structure that is located offshore for the purpose of laying pipes as described in subparagraph (5A)(b)(xi) is taken to be located at a site, despite the fact that the vessel or structure moves as the pipe laying process proceeds.

Vessels or structures that are not facilities

             (6)  Despite subclauses (1) and (5A), a vessel or structure is taken not to be a facility for the purposes of this Schedule if the vessel or structure is:

                     (a)  an offtake tanker; or

                     (b)  a tug or an anchor handler; or

                     (c)  a vessel or structure used for supplying a facility or otherwise travelling between a facility and the shore; or

                     (d)  a vessel or structure used for any purpose such that it is declared by the regulations not to be a facility.

Use for a particular purpose

             (7)  In determining when a vessel or structure that has the potential to be used for one or more of the purposes referred to in paragraph (1)(b) or (5A)(b) is in fact being so used, the vessel or structure is taken:

                     (a)  to commence to be so used only at the time when it arrives at the site where it is to be so used and any activities necessary to make it operational at that site are begun; and

                     (b)  to cease to be so used when operations cease, and the vessel or structure has been returned either to a navigable form or to a form in which it can be towed to another place.

Pipelines that are facilities

             (8)  Each of the following is taken to be a facility for the purposes of this Schedule:

                     (a)  a pipeline subject to a pipeline licence;

                     (b)  if a pipeline subject to a pipeline licence conveys petroleum recovered from a well without the petroleum having passed through another facility—that pipeline, together with:

                              (i)  that well and associated plant and equipment; and

                             (ii)  any pipe or system of pipes through which petroleum is conveyed from that well to that pipeline;

                     (c)  if a pipeline subject to a pipeline licence conveys a greenhouse gas substance to a well without the greenhouse gas substance having passed through another facility—that pipeline, together with:

                              (i)  that well and associated plant and equipment; and

                             (ii)  any pipe or system of pipes through which a greenhouse gas substance is conveyed to that well from that pipeline.

             (9)  In paragraph (8)(b):

facility does not include a pipeline.

5  Operator of a facility or proposed facility

             (1)  For the purposes of this Schedule, the operator, in relation to a facility or proposed facility, is the person who, under the regulations, is registered by NOPSEMA as the operator of that facility or proposed facility.

             (2)  The regulations may authorise NOPSEMA to cancel the registration of a person as the operator of a facility or proposed facility.

6  Operator must ensure presence of operator’s representative

             (1)  The operator of a facility must ensure that, at all times when one or more individuals are present at a facility, there is also present an individual (the operator’s representative at the facility) who has day‑to‑day management and control of operations at the facility.

             (2)  The operator of a facility must take all reasonably practicable steps to ensure that the name of the operator’s representative at the facility is displayed in a prominent place at the facility.

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1) or (2); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  50 penalty units.

             (4)  An offence against subclause (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (5)  Subclause (1) does not imply that, if the operator is an individual, the operator’s representative at the facility may not be, from time to time, the operator.

7  Health and safety of persons using an accommodation facility

                   For the avoidance of doubt, a reference in this Schedule to the occupational health and safety of a person includes a reference to the health and safety of a person using an accommodation facility provided for the accommodation of persons working on another facility.

8  Contractor

                   For the purposes of this Schedule, if an individual does work at a facility under a contract for services between:

                     (a)  a person (the relevant person); and

                     (b)  either:

                              (i)  the individual; or

                             (ii)  the employer of the individual;

the individual is taken to be a contractor of the relevant person.

8A  When a petroleum title is derived from another petroleum title

Petroleum production licences

             (1)  For the purposes of this Schedule, if a petroleum production licence was granted to the registered holder of:

                     (a)  a petroleum retention lease; or

                     (b)  a petroleum exploration permit;

that was in force over the block or blocks to which the licence relates, the licence is derived from:

                     (c)  the lease or permit; and

                     (d)  each petroleum title from which the lease or permit referred to in paragraph (c) was derived.

Petroleum retention leases

             (2)  For the purposes of this Schedule, if a petroleum retention lease was granted to the registered holder of:

                     (a)  a petroleum exploration permit; or

                     (b)  a petroleum production licence;

that was in force over the block or blocks to which the lease relates, the lease is derived from:

                     (c)  the permit or licence; and

                     (d)  each petroleum title from which the permit or licence referred to in paragraph (c) was derived.

Renewals

             (3)  For the purposes of this Schedule, if there is a series of one or more renewals of a petroleum title, each petroleum title in that series is derived from:

                     (a)  each of the earlier petroleum titles in that series; and

                     (b)  each petroleum title from which each of those earlier petroleum titles was derived.

For this purpose, the series includes the original petroleum title.

Application

             (4)  Subclauses (1) and (2) apply to a grant, whether occurring before, at or after the commencement of this clause.

             (5)  Subclause (3) applies to a renewal, whether occurring before, at or after the commencement of this clause.

             (6)  For the purposes of the application of this clause to the grant of:

                     (a)  a petroleum production licence; or

                     (b)  a petroleum retention lease;

that occurred before the commencement of Chapter 2, a reference to a registered holder is a reference to a registered holder (within the meaning of the repealed Petroleum (Submerged Lands) Act 1967).

8B  When a greenhouse gas title is derived from another greenhouse gas title

Greenhouse gas injection licences

             (1)  For the purposes of this Schedule, if a greenhouse gas injection licence was granted to the registered holder of:

                     (a)  a greenhouse gas holding lease; or

                     (b)  a greenhouse gas assessment permit;

that was in force over the block or blocks to which the licence relates, the licence is derived from:

                     (c)  the lease or permit; and

                     (d)  each greenhouse gas title from which the lease or permit referred to in paragraph (c) was derived.

Greenhouse gas holding leases

             (2)  For the purposes of this Schedule, if a greenhouse gas holding lease was granted to the registered holder of a greenhouse gas assessment permit that was in force over the block or blocks to which the lease relates, the lease is derived from:

                     (a)  the permit; and

                     (b)  each greenhouse gas title from which the permit referred to in paragraph (a) was derived.

Renewals

             (3)  For the purposes of this Schedule, if there is a series of one or more renewals of a greenhouse gas title, each greenhouse gas title in that series is derived from:

                     (a)  each of the earlier greenhouse gas titles in that series; and

                     (b)  each greenhouse gas title from which each of those earlier greenhouse gas titles was derived.

For this purpose, the series includes the original greenhouse gas title.

Application

             (4)  Subclauses (1) and (2) apply to a grant, whether occurring before, at or after the commencement of this clause.

             (5)  Subclause (3) applies to a renewal, whether occurring before, at or after the commencement of this clause.

Part 2Occupational health and safety

Division 1Duties relating to occupational health and safety

9  Duties of operator

General duties

             (1)  The operator of a facility must take all reasonably practicable steps to ensure that:

                     (a)  the facility is safe and without risk to the health of any person at or near the facility; and

                     (b)  all work and other activities carried out on the facility are carried out in a manner that is safe and without risk to the health of any person at or near the facility.

Note:          See also clause 16.

Specific duties

             (2)  The operator of a facility is taken to be subject, under subclause (1), to each of the following requirements:

                     (a)  to take all reasonably practicable steps to provide and maintain a physical environment at the facility that is safe and without risk to health;

                     (b)  to take all reasonably practicable steps to provide and maintain adequate facilities for the welfare of all members of the workforce at the facility;

                     (c)  to take all reasonably practicable steps to ensure that any plant, equipment, materials and substances at the facility are safe and without risk to health;

                     (d)  to take all reasonably practicable steps to implement and maintain systems of work at the facility that are safe and without risk to health;

                     (e)  to take all reasonably practicable steps to implement and maintain appropriate procedures and equipment for the control of, and response to, emergencies at the facility;

                      (f)  to take all reasonably practicable steps to provide all members of the workforce, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their activities in a manner that does not adversely affect the health and safety of persons at the facility;

                     (g)  to take all reasonably practicable steps to monitor the health and safety of all members of the workforce and keep records of that monitoring;

                     (h)  to take all reasonably practicable steps to provide appropriate medical and first aid services at the facility;

                      (i)  to take all reasonably practicable steps to develop, in consultation with:

                              (i)  members of the workforce; and

                             (ii)  if a member of the workforce at the facility has requested a workforce representative in relation to the member to be involved in those consultations—that workforce representative;

                            a policy, relating to occupational health and safety, that:

                            (iii)  will enable the operator and the members of the workforce to cooperate effectively in promoting and developing measures to ensure the occupational health and safety of persons at the facility; and

                            (iv)  will provide adequate mechanisms for reviewing the effectiveness of the measures; and

                             (v)  provides for the making of an agreement that complies with subclauses (5) and (6).

             (3)  Subclause (2) does not limit subclause (1).

Offence

             (4)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  1,000 penalty units.

          (4A)  Absolute liability applies to paragraph (4)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

          (4B)  The fault element for paragraphs (4)(b) and (c) is negligence.

Agreement

             (5)  The agreement referred to in subparagraph (2)(i)(v) must be between:

                     (a)  on the one hand—the operator; and

                     (b)  on the other hand:

                              (i)  the members of the workforce; and

                             (ii)  if a member of the workforce at the facility has requested a workforce representative in relation to the member to be a party to that agreement—that workforce representative.

             (6)  The agreement referred to in subparagraph (2)(i)(v) must provide appropriate mechanisms for continuing consultation between:

                     (a)  on the one hand—the operator; and

                     (b)  on the other hand:

                              (i)  the members of the workforce; and

                             (ii)  if a member of the workforce at the facility has requested a workforce representative in relation to the member to be involved in consultations on a particular occasion—that workforce representative.

The agreement must provide for such other matters (if any) as are agreed between the parties to the agreement.

10  Duties of persons in control of parts of facility or particular work

General duties

             (1)  A person who is in control of any part of a facility, or of any particular work carried out at a facility, must take all reasonably practicable steps to ensure that:

                     (a)  that part of the facility, or the place where that work is carried out, is safe and without risk to health; and

                     (b)  if the person is in control of particular work—the work is carried out in a manner that is safe and without risk to health.

Note:          See also clause 16.

Specific duties

             (2)  A person who is in control of any part of a facility, or of any particular work carried out at a facility, is taken to be subject, under subclause (1), to each of the following requirements:

                     (a)  to take all reasonably practicable steps to ensure that the physical environment at that part of the facility, or at the place where the work is carried out, is safe and without risk to health;

                     (b)  to take all reasonably practicable steps to ensure that any plant, equipment, materials and substances at or near that part of the facility or that place, or used in that work, are safe and without risk to health;

                     (c)  to take all reasonably practicable steps to implement and maintain systems of work at that part of the facility, or in carrying out work at that place, that are safe and without risk to health;

                     (d)  to take all reasonably practicable steps to ensure a means of access to, and egress from, that part of the facility or that place that is safe and without risk to health;

                     (e)  to take all reasonably practicable steps to provide all members of the workforce located at that part of the facility or engaged on that work, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their work in a manner that is safe and without risk to health.

             (3)  Subclause (2) does not limit subclause (1).

Offence

             (4)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  1,000 penalty units.

             (5)  Absolute liability applies to paragraph (4)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

             (6)  The fault element for paragraphs (4)(b) and (c) is negligence.

11  Duties of employers

General duties in relation to employees

             (1)  An employer must take all reasonably practicable steps to protect the health and safety of employees at a facility.

Note:          See also clause 16.

Specific duties in relation to employees

             (2)  An employer is taken to be subject, under subclause (1), to each of the following requirements:

                     (a)  to take all reasonably practicable steps to provide and maintain a working environment that is safe for employees and without risk to their health;

                     (b)  to take all reasonably practicable steps to ensure that any plant, equipment, materials and substances used in connection with the employees’ work are safe and without risk to health;

                     (c)  to take all reasonably practicable steps to implement and maintain systems of work that are safe and without risk to health;

                     (d)  to take all reasonably practicable steps to provide a means of access to, and egress from, the employees’ work location that is safe and without risk to health;

                     (e)  to take all reasonably practicable steps to provide the employees, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their work in a manner that is safe and without risk to health.

             (3)  An employer is taken to be subject, under subclause (1), to each of the following requirements:

                     (a)  to take all reasonably practicable steps to monitor the health and safety of employees;

                     (b)  to take all reasonably practicable steps to keep records of that monitoring.

             (4)  Subclauses (2) and (3) do not limit subclause (1).

Offence

             (5)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  1,000 penalty units.

          (5A)  Absolute liability applies to paragraph (5)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

          (5B)  The fault element for paragraphs (5)(b) and (c) is negligence.

Duties in relation to contractors

             (6)  A person has, in relation to a contractor of that person, the same obligations that an employer has under subclauses (1) and (2) in relation to an employee of that employer, but only in relation to:

                     (a)  matters over which the first‑mentioned person has control; or

                     (b)  matters over which:

                              (i)  the first‑mentioned person would have had control apart from express provision to the contrary in a contract; and

                             (ii)  the first‑mentioned person would, in the circumstances, usually be expected to have had control.

12  Duties of manufacturers in relation to plant and substances

Duties of manufacturer of plant

             (1)  A manufacturer of any plant that the manufacturer ought reasonably to expect will be used by members of the workforce at a facility must take all reasonably practicable steps:

                     (a)  to ensure that the plant is so designed and constructed as to be, when properly used, safe and without risk to health; and

                     (b)  to carry out, or cause to be carried out, the research, testing and examination necessary in order to discover, and to eliminate or minimise, any risk to health and safety that may arise from the use of the plant; and

                     (c)  to make available, in connection with the use of the plant at a facility, adequate written information about:

                              (i)  the use for which it is designed and has been tested; and

                             (ii)  details of its design and construction; and

                            (iii)  any conditions necessary to ensure that, when put to the use for which it was designed and tested, it will be safe and without risk to health.

Note:          See also clause 16.

Duties of manufacturer of substance

             (2)  A manufacturer of any substance that the manufacturer ought reasonably to expect will be used by members of the workforce at a facility must take all reasonably practicable steps:

                     (a)  to ensure that the substance is so manufactured as to be, when properly used, safe and without risk to health; and

                     (b)  to carry out, or cause to be carried out, the research, testing and examination necessary to discover, and to eliminate or minimise, any risk to health and safety that may arise from the use of the substance; and

                     (c)  to make available, in connection with the use of the substance at a facility, adequate written information concerning:

                              (i)  the use for which it is manufactured and has been tested; and

                             (ii)  details of its composition; and

                            (iii)  any conditions necessary to ensure that, when put to the use for which it was manufactured and tested, it will be safe and without risk to health; and

                            (iv)  the first aid and medical procedures that should be followed if the substance causes injury.

Note:          See also clause 16.

Offence

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1) or (2); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  200 penalty units.

          (3A)  Absolute liability applies to paragraph (3)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

          (3B)  The fault element for paragraphs (3)(b) and (c) is negligence.

Importer deemed to be manufacturer

             (4)  For the purposes of this clause, if:

                     (a)  plant or a substance is imported into Australia by a person who is not its manufacturer; and

                     (b)  at the time of the importation, the manufacturer of the plant or substance does not have a place of business in Australia;

the first‑mentioned person is taken to be the manufacturer of the plant or substance.

Other laws not affected

             (5)  This clause does not affect the operation of the Competition and Consumer Act 2010, or of any other law of the Commonwealth, a State or a Territory that imposes an obligation on a manufacturer in relation to defective goods or in relation to information to be supplied in relation to goods.

13  Duties of suppliers of facilities, plant and substances

Duties of supplier

             (1)  A supplier of a facility, or of any plant or substance that the supplier ought reasonably to expect will be used by members of the workforce at a facility, must take all reasonably practicable steps:

                     (a)  to ensure that, at the time of supply, the facility, or the plant or substance, is in such condition as to be, when properly used, safe and without risk to health; and

                     (b)  to carry out, or cause to be carried out, the research, testing and examination necessary to discover, and to eliminate or minimise, any risk to health or safety that may arise from the condition of the facility, plant or substance; and

                     (c)  to make available:

                              (i)  in the case of a facility—to the operator of a facility; and

                             (ii)  in the case of plant or substance—to the person to whom the plant or substance is supplied;

                            adequate written information, in connection with the use of the facility, plant or substance, as the case requires, about:

                            (iii)  the condition of the facility, plant or substance at the time of supply; and

                            (iv)  any risk to the health and safety of members of the workforce at the facility to which the condition of the facility, plant or substance may give rise unless it is properly used; and

                             (v)  the steps that need to be taken in order to eliminate such risk; and

                            (vi)  in the case of a substance—the first aid and medical procedures that should be followed if the condition of the substance causes injury to a member of the workforce at the facility.

Note:          See also clause 16.

Offence

             (2)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  200 penalty units.

          (2A)  Absolute liability applies to paragraph (2)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

          (2B)  The fault element for paragraphs (2)(b) and (c) is negligence.

Financing arrangements

             (3)  For the purposes of subclause (1), if a person (the ostensible supplier) supplies to a person either a facility, or any plant or substance that is to be used by members of the workforce at a facility, and the ostensible supplier:

                     (a)  carries on the business of financing the acquisition or the use of goods by other persons; and

                     (b)  has, in the course of that business, acquired an interest in the facility, or in the plant or substance, from another person (the actual supplier), solely for the purpose of financing its acquisition by, or its provision to, the person to whom it is finally supplied; and

                     (c)  has not taken possession of the facility, plant or substance, or has taken possession of the facility, plant or substance solely for the purpose of passing possession of the facility, plant or substance to the person to whom it is finally supplied;

a reference in subclause (1) to a supplier is, in relation to the facility, plant or substance referred to in this subclause, to be read as a reference to the actual supplier and not as a reference to the ostensible supplier.

Other laws not affected

             (4)  This clause does not affect the operation of the Competition and Consumer Act 2010, or of any other law of the Commonwealth, a State or a Territory that imposes an obligation in relation to the sale or supply of goods or in relation to the information to be supplied in relation to goods.

13A  Duties of petroleum titleholders in relation to wells

             (1)  If:

                     (a)  either:

                              (i)  a well has been used, is being used, has been prepared for use, or is being prepared for use, in connection with operations authorised by a petroleum title (the current title); or

                             (ii)  a well has been used in connection with operations authorised by a petroleum title from which the current title is derived, and the well is wholly or partly situated in the title area of the current title; and

                     (b)  the well is not suspended, abandoned or closed off;

the registered holder of the current title must ensure that the well is so designed, constructed, commissioned, altered, equipped, maintained and operated that risks to the health and safety of persons at or near a facility from:

                     (c)  the well; or

                     (d)  any unplanned escape of fluids from the well; or

                     (e)  anything in the well; or

                      (f)  anything in a geological formation, or a part of a geological formation:

                              (i)  to which the well is connected; or

                             (ii)  through which the well passes;

are as low as is reasonably practicable.

Note:          For derived, see clause 8A.

             (2)  If:

                     (a)  either:

                              (i)  a well has been used in connection with operations authorised by a petroleum title (the current title); or

                             (ii)  a well has been used in connection with operations authorised by a petroleum title from which the current title is derived, and the well is wholly or partly situated in the title area of the current title; and

                     (b)  the well has been, is being, or is to be, suspended, abandoned or closed‑off;

then the registered holder of the current title must ensure that the well is so suspended, abandoned or closed‑off that risks to the health and safety of persons at or near a facility from:

                     (c)  the well; or

                     (d)  any unplanned escape of fluids from the well; or

                     (e)  anything in the well; or

                      (f)  anything in a geological formation, or a part of a geological formation:

                              (i)  to which the well is connected; or

                             (ii)  through which the well passes;

are as low as is reasonably practicable.

Note:          For derived, see clause 8A.

Offence

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1) or (2); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  200 penalty units.

             (4)  Absolute liability applies to paragraph (3)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

             (5)  The fault element for paragraphs (3)(b) and (c) is negligence.

Diving operations

             (6)  For the purposes of this clause, if a person is engaged in diving operations that are:

                     (a)  offshore petroleum operations; or

                     (b)  offshore greenhouse gas storage operations;

the person is taken to be at or near a facility.

Definitions

             (7)  In this clause:

construct, in relation to a well, includes:

                     (a)  drill, bore, or otherwise make, the well; and

                     (b)  install any well‑related equipment associated with the well.

prepare includes construct.

title area:

                     (a)  in relation to a petroleum exploration permit—means the permit area; or

                     (b)  in relation to a petroleum retention lease—means the lease area; or

                     (c)  in relation to a petroleum production licence—means the licence area.

well includes well‑related equipment associated with a well.

13B  Duties of greenhouse gas titleholders in relation to wells

             (1)  If:

                     (a)  either:

                              (i)  a well has been used, is being used, has been prepared for use, or is being prepared for use, in connection with operations authorised by a greenhouse gas title (the current title); or

                             (ii)  a well has been used in connection with operations authorised by a greenhouse gas title from which the current title is derived, and the well is wholly or partly situated in the title area of the current title; and

                     (b)  the well is not suspended, abandoned or closed off;

the registered holder of the current title must ensure that the well is so designed, constructed, commissioned, altered, equipped, maintained and operated that risks to the health and safety of persons at or near a facility from:

                     (c)  the well; or

                     (d)  any unplanned escape of fluids from the well; or

                     (e)  anything in the well; or

                      (f)  anything in a geological formation, or a part of a geological formation:

                              (i)  to which the well is connected; or

                             (ii)  through which the well passes;

are as low as is reasonably practicable.

Note:          For derived, see clause 8B.

             (2)  If:

                     (a)  either:

                              (i)  a well has been used in connection with operations authorised by a greenhouse gas title (the current title); or

                             (ii)  a well has been used in connection with operations authorised by a greenhouse gas title from which the current title is derived, and the well is wholly or partly situated in the title area of the current title; and

                     (b)  the well has been, is being, or is to be, suspended, abandoned or closed‑off;

the registered holder of the current title must ensure that the well is so suspended, abandoned or closed‑off that risks to the health and safety of persons at or near a facility from:

                     (c)  the well; or

                     (d)  any unplanned escape of fluids from the well; or

                     (e)  anything in the well; or

                      (f)  anything in a geological formation, or a part of a geological formation:

                              (i)  to which the well is connected; or

                             (ii)  through which the well passes;

are as low as is reasonably practicable.

Note:          For derived, see clause 8B.

Offence

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1) or (2); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  200 penalty units.

             (4)  Absolute liability applies to paragraph (3)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

             (5)  The fault element for paragraphs (3)(b) and (c) is negligence.

Diving operations

             (6)  For the purposes of this clause, if a person is engaged in diving operations that are:

                     (a)  offshore petroleum operations; or

                     (b)  offshore greenhouse gas storage operations;

the person is taken to be at or near a facility.

Definitions

             (7)  In this clause:

construct, in relation to a well, includes:

                     (a)  drill, bore, or otherwise make, the well; and

                     (b)  install any well‑related equipment associated with the well.

prepare includes construct.

title area:

                     (a)  in relation to a greenhouse gas assessment permit—means the permit area; or

                     (b)  in relation to a greenhouse gas holding lease—means the lease area; or

                     (c)  in relation to a greenhouse gas injection licence—means the licence area.

well includes well‑related equipment associated with a well.

14  Duties of persons erecting facilities or installing plant

Duties

             (1)  A person who erects or installs a facility, or erects or installs any plant at a facility, must take all reasonably practicable steps to ensure that the facility or plant is not erected or installed in such a way that it is unsafe or constitutes a risk to health.

Note:          See also clause 16.

Offence

             (2)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  200 penalty units.

          (2A)  Absolute liability applies to paragraph (2)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

          (2B)  The fault element for paragraphs (2)(b) and (c) is negligence.

Other laws not affected

             (3)  This clause does not affect the operation of the Competition and Consumer Act 2010, or of any other law of the Commonwealth, a State or a Territory that imposes an obligation in relation to the erection or installation of goods or the supply of services.

15  Duties of persons in relation to occupational health and safety

Duties of person at a facility

             (1)  A person at a facility must, at all times, take all reasonably practicable steps:

                     (a)  to ensure that the person does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the health or safety of that person or of any other person at or near the facility; and

                     (b)  in respect of any obligation imposed on the operator or on any other person by or under a listed OHS law—to cooperate with the operator or that other person to the extent necessary to enable the operator or that other person to fulfil that obligation; and

                     (c)  to use equipment that is:

                              (i)  supplied to the person by the operator, an employer of the person or any other person having control of work at a facility (the equipment supplier); and

                             (ii)  necessary to protect the health and safety of the person, or of any other person at or near the facility;

                            in accordance with any instructions given by the equipment supplier, consistent with the safe and proper use of the equipment.

Offence

             (2)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  200 penalty units.

          (2A)  Absolute liability applies to paragraph (2)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

          (2B)  The fault element for paragraphs (2)(b) and (c) is negligence.

Agreements

             (3)  Despite subclause (1), the choice or manner of use of equipment of the kind referred to in subparagraph (1)(c)(ii) is a matter that may be, consistently with each listed OHS law:

                     (a)  agreed on between the equipment supplier and any relevant health and safety representative; or

                     (b)  agreed on by a health and safety committee.

             (4)  If an agreement of the kind referred to in paragraph (3)(a) or (b) provides a process for choosing equipment of a particular kind that is to be provided by the equipment supplier, action must not be taken against a person for failure to use equipment of that kind that is so provided unless the equipment has been chosen in accordance with that process.

             (5)  If an agreement of the kind referred to in paragraph (3)(a) or (b) provides a process for determining the manner of use of equipment of a particular kind, action must not be taken against a person for failure to use, in the manner required by the equipment supplier, equipment of that kind that is so provided unless the manner has been determined in accordance with that process.

16  Reliance on information supplied or results of research

Clause 9, 10 or 11

             (1)  For the purpose of the application of clause 9, 10 or 11 to the use of plant or a substance, a person on whom an obligation is imposed under that clause is regarded as having taken such reasonably practicable steps as that clause requires, in relation to the use of the plant or substance, to the extent that:

                     (a)  the person ensured, so far as practicable, that its use was in accordance with the information supplied by the manufacturer or the supplier of the plant or substance relating to health and safety in its use; and

                     (b)  it was reasonable for the person to rely on that information.

             (2)  Subclause (1) does not limit the generality of what constitutes reasonably practicable steps as required by clause 9, 10 or 11.

Clause 12 or 13

             (3)  For the purpose of the application of clause 12 or 13 to carrying out research, testing and examining a facility, or any plant or substance, a person on whom an obligation is imposed under that clause is regarded as having taken such reasonably practicable steps as that clause requires, in relation to carrying out research, testing and examining the facility, plant or substance, to the extent that:

                     (a)  the research, testing or examination has already been carried out by or on behalf of someone else; and

                     (b)  it was reasonable for the person to rely on that research, testing or examination.

             (4)  Subclause (3) does not limit the generality of what constitutes reasonably practicable steps as required by clause 12 or 13.

Clause 14

             (5)  For the purpose of the application of clause 14 to the erection of a facility or the erection or installation of plant at a facility, a person on whom an obligation is imposed under that clause is regarded as having taken such reasonably practicable steps as that clause requires to the extent that:

                     (a)  the person ensured, so far as is reasonably practicable, that the erection of the facility, or the erection or installation of the plant, was:

                              (i)  in accordance with information supplied by the manufacturer or supplier of the facility or plant relating to its erection or its installation; and

                             (ii)  consistent with the health and safety of persons at the facility; and

                     (b)  it was reasonable for the person to rely on that information.

             (6)  Subclause (5) does not limit the generality of what constitutes reasonably practicable steps as required by clause 14.

Division 2Regulations relating to occupational health and safety

17  Regulations relating to occupational health and safety

             (1)  The regulations may make provision relating to any matter affecting, or likely to affect, the occupational health and safety of persons at a facility.

             (2)  Subclause (1) has effect subject to this Schedule.

             (3)  Regulations made for the purposes of subclause (1) may make provision for any or all of the following:

                     (a)  prohibiting or restricting the performance of all work or specified work at a facility;

                     (b)  prohibiting or restricting the use of all plant or specified plant at a facility;

                     (c)  prohibiting or restricting the carrying out of all processes or a specified process at a facility;

                     (d)  prohibiting or restricting the storage or use of all substances or specified substances at a facility;

                     (e)  specifying the form in which information required to be made available under paragraph 12(1)(c) or (2)(c) or 13(1)(c) of this Schedule is to be so made available;

                      (f)  prohibiting, except in accordance with licences granted under the regulations, the use of specified plant or specified substances at a facility;

                     (g)  providing for:

                              (i)  the issue, variation, renewal, transfer, suspension and cancellation of such licences; and

                             (ii)  the conditions to which the licences may be subject;

                     (h)  regulating the maintenance and testing of plant used at a facility;

                      (i)  regulating the labelling or marking of substances used at a facility;

                      (j)  regulating the transport of specified plant or specified substances for use at a facility;

                     (k)  prohibiting the performance, at a facility, of specified activities or work except:

                              (i)  by persons who satisfy requirements of the regulations as to qualifications, training or experience; or

                             (ii)  under the supervision specified in the regulations;

                      (l)  requiring specified action to avoid accidents or dangerous occurrences;

                    (m)  providing for, or prohibiting, specified action in the event of accidents or dangerous occurrences;

                     (n)  providing for the employment at a facility of persons to perform specified duties relating to the maintenance of occupational health and safety at the facility;

                     (o)  regulating the provision and use, at a facility, of protective clothing and equipment, safety equipment and rescue equipment;

                     (p)  providing for monitoring the health of members of the workforce at a facility and the conditions at the facility;

                     (q)  requiring employers to keep records of matters related to the occupational health and safety of employees;

                      (r)  providing for the provision of first aid equipment and facilities at facilities.

             (4)  Subclause (3) does not limit subclause (1).

             (5)  Regulations made for the purposes of this clause may make different provision in respect of different classes of facility.

             (6)  Subclause (5) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Part 3Workplace arrangements

Division 1Introduction

18  Simplified outline

                   The following is a simplified outline of this Part:

•      A group of members of the workforce at a facility may be established as a designated work group.

•      The members of a designated work group may select a health and safety representative for that designated work group.

•      The health and safety representative may exercise certain powers for the purpose of promoting or ensuring the health and safety of the group members.

•      A health and safety committee may be established in relation to the members of the workforce at a facility.

•      The main function of a health and safety committee is to assist the operator in relation to occupational health and safety matters.

Division 2Designated work groups

Subdivision AEstablishment of designated work groups

19  Establishment of designated work groups by request

Request

             (1)  A request to the operator of a facility to enter into consultations to establish designated work groups in relation to the members of the workforce at the facility may be made by:

                     (a)  any member of the workforce; or

                     (b)  if a member of the workforce requests a workforce representative in relation to the member to make the request to the operator—that workforce representative.

Consultations

             (2)  The operator of a facility must, within 14 days after receiving a request under subclause (1), enter into consultations with:

                     (a)  if any member of the workforce made a request to establish designated work groups:

                              (i)  that member of the workforce; and

                             (ii)  if that member requests that the operator enter into consultations with a workforce representative in relation to the member—that workforce representative; and

                            (iii)  each employer (if any) of members of the workforce; and

                     (b)  if a workforce representative made a request to establish designated work groups:

                              (i)  if a member of the workforce requests that the operator enter into consultations with that workforce representative—that workforce representative; and

                             (ii)  each employer of members of the workforce.

Establishment

             (3)  Within 14 days after the completion of consultations about the establishment of the designated work groups, the operator must, by notifying the members of the workforce, establish the designated work groups in accordance with the outcome of the consultations.

20  Establishment of designated work groups at initiative of operator

Consultations

             (1)  If, at any time, the operator of a facility considers that designated work groups should be established, the operator must enter into consultations with:

                     (a)  all members of the workforce; and

                     (b)  if a member of the workforce requests that the operator enter into consultations with a workforce representative in relation to the member—that workforce representative; and

                     (c)  each employer (if any) of members of the workforce.

Establishment

             (2)  Within 14 days after the completion of consultations about the establishment of the designated work groups, the operator must, by notifying the members of the workforce, establish the designated work groups in accordance with the outcome of the consultations.

Subdivision BVariation of designated work groups

21  Variation of designated work groups by request

Request

             (1)  A request to the operator of a facility to enter into consultations to vary designated work groups that have already been established in relation to the members of the workforce at the facility may be made by:

                     (a)  any member of the workforce; or

                     (b)  if a member of the workforce requests a workforce representative in relation to the member to make the request to the operator—that workforce representative.

Consultations

             (2)  The operator of a facility must, within 14 days after receiving a request under subclause (1), enter into consultations with:

                     (a)  if any member of the workforce made a request to vary designated work groups:

                              (i)  that member of the workforce; and

                             (ii)  the health and safety representative of each designated work group affected by the proposed variation; and

                            (iii)  each work group employer (if any) in relation to each designated work group affected by the proposed variation; and

                     (b)  if a workforce representative made a request to vary designated work groups:

                              (i)  if a member of a designated work group affected by the proposed variation requests that the operator enter into consultations with a workforce representative in relation to the group—that workforce representative; and

                             (ii)  the health and safety representative of each designated work group affected by the proposed variation; and

                            (iii)  each work group employer (if any) in relation to each designated work group affected by the proposed variation.

Variation

             (3)  If:

                     (a)  consultations take place about the variation of designated work groups that have already been established; and

                     (b)  as a result of the consultations, it has been determined that the variation of some or all of those designated work groups is justified;

then, within 14 days after the completion of the consultations, the operator must, by notifying the members of the workforce who are affected by the variation, vary the designated work groups in accordance with the outcome of the consultations.

22  Variation of designated work groups at initiative of operator

Consultations

             (1)  If the operator of a facility believes the designated work groups should be varied, the operator may, at any time, enter into consultations about the variations with:

                     (a)  the health and safety representative of each of the designated work groups affected by the proposed variation; and

                     (b)  if a member of a designated work group affected by the proposed variation requests that the operator enter into consultations with a workforce representative in relation to the group—that workforce representative; and

                     (c)  each work group employer (if any) in relation to each designated work group affected by the proposed variation.

Variation

             (2)  If:

                     (a)  consultations take place about the variation of designated work groups that have already been established; and

                     (b)  as a result of the consultations, it has been determined that the variation of some or all of those designated work groups is justified;

then, within 14 days after the completion of the consultations, the operator must, by notifying the members of the workforce who are affected by the variation, vary the designated work groups in accordance with the outcome of the consultations.

Subdivision CGeneral

23  Referral of disagreement to reviewing authority

             (1)  If, in the course of consultations under clause 19, 20, 21 or 22, there is a disagreement between any of the parties to the consultation about the manner of establishing or varying a designated work group, any party may, for the purpose of facilitating that consultation, refer the matter of disagreement to the reviewing authority.

             (2)  If the matter of disagreement is referred to the reviewing authority, the parties to the disagreement must complete the consultation in accordance with the resolution of that matter by the reviewing authority.

24  Manner of grouping members of the workforce

             (1)  Consultations about the establishment or variation of a designated work group must be directed principally towards the determination of the manner of grouping members of the workforce:

                     (a)  that best and most conveniently enables their interests relating to occupational health and safety to be represented and safeguarded; and

                     (b)  that best takes account of the need for any health and safety representative selected for that designated work group to be accessible to each group member.

             (2)  The parties to the consultations must have regard, in particular, to:

                     (a)  the number of members of the workforce at the facility to which the consultation relates; and

                     (b)  the nature of each type of work performed by such members; and

                     (c)  the number and grouping of such members who perform the same or similar types of work; and

                     (d)  the workplaces where each type of work is performed; and

                     (e)  the nature of any risks to health and safety at each such workplace; and

                      (f)  any overtime or shift working arrangement at the facility.

             (3)  The designated work groups must be established or varied in such a way that, so far as practicable, each of the members of the workforce at a facility is in a designated work group.

             (4)  All the members of the workforce at a facility may be in one designated work group.

Division 3Health and safety representatives

Subdivision ASelection of health and safety representatives

25  Selection of health and safety representatives

             (1)  One health and safety representative may be selected for each designated work group.

             (2)  A person is not eligible for selection as the health and safety representative for a designated work group unless the person is a member of the workforce included in the group.

             (3)  A person is taken to have been selected as the health and safety representative for a designated work group if:

                     (a)  all the members of the workforce in the group unanimously agree to the selection; or

                     (b)  the person is elected as the health and safety representative of the group in accordance with clause 26.

26  Election of health and safety representatives

Nominations

             (1)  If:

                     (a)  there is a vacancy in the office of health and safety representative for a designated work group; and

                     (b)  within a reasonable time after the vacancy occurs, a person has not been selected under paragraph 25(3)(a) of this Schedule;

the operator of the facility must invite nominations from all group members for election as the health and safety representative of the group.

             (2)  If the office of health and safety representative is vacant and the operator has not invited nominations within a further reasonable time that is no later than 6 months after the vacancy occurred, NOPSEMA may direct the operator to do so.

Election—more than one candidate

             (3)  If there is more than one candidate for election at the close of the nomination period, the operator must conduct, or arrange for the conduct of, an election at the operator’s expense.

             (4)  An election conducted or arranged to be conducted under subclause (3) must be conducted in accordance with regulations made for the purposes of this subclause if this is requested by the lesser of:

                     (a)  100 members of the workforce normally in the designated work group; or

                     (b)  a majority of the members of the workforce normally in the designated work group.

Election—only one candidate

             (5)  If there is only one candidate for election at the close of the nomination period, that person is taken to have been elected.

Disqualified person cannot be a candidate

             (6)  A person cannot be a candidate in the election if he or she is disqualified under clause 32.

Voting

             (7)  All the members of the workforce in the designated work group are entitled to vote in the election.

Directions

             (8)  An operator conducting or arranging for the conduct of an election under this clause must comply with any relevant directions issued by NOPSEMA.

27  List of health and safety representatives

                   The operator of a facility must:

                     (a)  prepare and keep up to date a list of all the health and safety representatives of designated work groups comprising members of the workforce performing work at the facility; and

                     (b)  ensure that the list is available for inspection, at all reasonable times, by:

                              (i)  the members of the workforce at the facility; and

                             (ii)  OHS inspectors.

28  Members of designated work group must be notified of selection etc. of health and safety representative

                   The operator of a facility must:

                     (a)  notify members of a designated work group in relation to the facility of a vacancy in the office of health and safety representative for the designated work group within a reasonable time after the vacancy arises; and

                     (b)  notify those members of the name of any person selected (whether under paragraph 25(3)(a) or (b) of this Schedule) as health and safety representative for the designated work group within a reasonable time after the selection is made.

29  Term of office

             (1)  A health and safety representative for a designated work group holds office:

                     (a)  if, in consultations that took place under clause 19, 20, 21 or 22, the parties to the consultations agreed to the period for which the health and safety representative for the group was to hold office—for such a period; or

                     (b)  in any other case—for 2 years;

beginning at the start of the day on which he or she was selected.

             (2)  However, the health and safety representative is eligible to be selected for further terms of office.

             (3)  Subclauses (1) and (2) have effect subject to this Part.

30  Training of health and safety representatives

             (1)  A health and safety representative for a designated work group must undertake a course of training relating to occupational health and safety that is accredited by NOPSEMA for the purposes of this clause.

             (2)  The operator of the facility concerned must permit the representative to take such time off work, without loss of remuneration or other entitlements, as is necessary to undertake the training.

             (3)  If a person other than the operator is the employer of the representative, that person must permit the representative to take such time off work, without loss of remuneration or other entitlements, as is necessary to undertake the training.

31  Resignation etc. of health and safety representatives

When person must cease to be health and safety representative

             (1)  A person ceases to be the health and safety representative for the designated work group if:

                     (a)  the person resigns as the health and safety representative; or

                     (b)  the person ceases to be a group member of that designated work group; or

                     (c)  the person’s term of office expires without the person having been selected, under clause 25, to be the health and safety representative for the designated work group for a further term; or

                     (d)  the person is disqualified under clause 32.

Resignation

             (2)  A person may resign as the health and safety representative for a designated work group by written notice delivered to the operator and to each work group employer.

             (3)  If a person resigns as the health and safety representative for a designated work group, the person must notify the resignation to the group members.

Notification

             (4)  If a person has ceased to be the health and safety representative for a designated work group because of paragraph (1)(b), the person must notify in writing:

                     (a)  the group members; and

                     (b)  the operator and each work group employer;

that the person has ceased to be the health and safety representative for that designated work group.

32  Disqualification of health and safety representatives

Application for disqualification

             (1)  An application for the disqualification of a health and safety representative for a designated work group may be made to NOPSEMA by:

                     (a)  the operator; or

                     (b)  a work group employer; or

                     (c)  at the request of a group member of the designated work group—a workforce representative in relation to the designated work group.

Grounds for disqualification

             (2)  An application under subclause (1) may be made on either or both of the following grounds:

                     (a)  that action taken by the health and safety representative in the exercise or purported exercise of a power under subclause 34(1) or any other provision of this Schedule was taken:

                              (i)  with the intention of causing harm to the operator or work group employer or to an undertaking of the operator or work group employer; or

                             (ii)  unreasonably, capriciously or not for the purpose for which the power was conferred on the health and safety representative;

                     (b)  that the health and safety representative has intentionally used, or disclosed to another person, for a purpose that is not connected with the exercise of a power of a health and safety representative, information acquired from the operator or work group employer.

Disqualification

             (3)  If, on an application under subclause (1), NOPSEMA is satisfied that the health and safety representative has acted in a manner referred to in subclause (2), NOPSEMA may, after having regard to:

                     (a)  the harm (if any) that was caused to the operator or work group employer or to an undertaking of the operator or work group employer as a result of the action of the representative; and

                     (b)  the past record of the representative in exercising the powers of a health and safety representative; and

                     (c)  the effect (if any) on the public interest of the action of the representative; and

                     (d)  such other matters as the Authority thinks relevant;

disqualify the representative, for a specified period not exceeding 5 years, from being a health and safety representative for any designated work group.

33  Deputy health and safety representatives

             (1)  One deputy health and safety representative may be selected for each designated work group for which a health and safety representative has been selected.

             (2)  A deputy health and safety representative is to be selected in the same way as a health and safety representative under clause 25.

             (3)  If the health and safety representative for a designated work group:

                     (a)  ceases to be the health and safety representative; or

                     (b)  is unable (because of absence or for any other reason) to exercise the powers of a health and safety representative;

then:

                     (c)  the powers may be exercised by the deputy health and safety representative (if any) for the group; and

                     (d)  this Schedule (other than this clause) applies in relation to the deputy health and safety representative accordingly.

Subdivision BPowers of health and safety representatives

34  Powers of health and safety representatives

             (1)  A health and safety representative for a designated work group in relation to a facility may, for the purpose of promoting or ensuring the health and safety at a workplace of the group members:

                     (a)  do any or all of the following:

                              (i)  inspect the whole or any part of the workplace if there has, in the immediate past, been an accident or a dangerous occurrence at the workplace, or if there is an immediate threat of such an accident or dangerous occurrence;

                             (ii)  inspect the whole or any part of the workplace if the health and safety representative has given reasonable notice of the inspection to the operator’s representative at the facility and to any other person having immediate control of the workplace;

                            (iii)  make a request to an OHS inspector or to NOPSEMA that an inspection be conducted at the workplace;

                            (iv)  accompany an OHS inspector during any inspection at the workplace by the OHS inspector (whether or not the inspection is being conducted as a result of a request made by the health and safety representative);

                             (v)  if there is no health and safety committee in relation to the members of the workforce at the facility—represent group members in consultations with the operator and any work group employer about the development, implementation and review of measures to ensure the health and safety of those members at the workplace;

                            (vi)  if a health and safety committee has been established in relation to the members of the workforce at the facility—examine any of the records of that committee; and

                     (b)  investigate complaints made by any group member to the health and safety representative about the health and safety of any of the members of the workforce (whether in the group or not); and

                     (c)  with the consent of a group member, be present at any interview about health and safety at work between that member and:

                              (i)  an OHS inspector; or

                             (ii)  the operator or a person representing the operator; or

                            (iii)  a work group employer or a person representing that employer; and

                     (d)  obtain access to any information under the control of the operator or any work group employer:

                              (i)  relating to risks to the health and safety of any group member; and

                             (ii)  relating to the health and safety of any group member; and

                     (e)  issue provisional improvement notices in accordance with clause 38.

             (2)  Subparagraph (1)(d)(ii) has effect subject to clause 36.

35  Assistance by consultant

Assistance by consultant

             (1)  A health and safety representative for a designated work group is entitled, in the exercise of his or her powers, to be assisted by a consultant.

             (2)  A health and safety representative for a designated work group may:

                     (a)  be assisted by a consultant at a workplace at which work is performed; or

                     (b)  provide to a consultant information that has been provided to the health and safety representative by an operator or work group employer under paragraph 34(1)(d) of this Schedule;

only if the operator or NOPSEMA has, in writing, agreed to the provision of that assistance at that workplace or the provision of that information, as the case may be.

Operator etc. not liable for consultant’s remuneration etc.

             (3)  Neither the operator nor any workplace employer becomes, because of the agreement under subclause (2) to the provision of assistance by a consultant, liable for any remuneration or other expenses incurred in connection with the consultant’s activities.

Consultant may be present at interviews

             (4)  If a health and safety representative for a designated work group is being assisted by a consultant, the consultant is entitled to be present with the representative at any interview, about health and safety at work, between a group member and:

                     (a)  an OHS inspector; or

                     (b)  the operator or any work group employer or a person representing the operator or that employer;

if, and only if, the group member consents to the presence of the consultant.

36  Information

Legal professional privilege

             (1)  Neither:

                     (a)  the health and safety representative; nor

                     (b)  if the health and safety representative is assisted by a consultant—the consultant;

is entitled, under subparagraph 34(1)(d)(ii) of this Schedule, to have access to information in relation to which a group member is entitled to claim, and does claim, legal professional privilege.

Medical information

             (2)  Neither:

                     (a)  the health and safety representative; nor

                     (b)  if the health and safety representative is assisted by a consultant—the consultant;

is entitled, under subparagraph 34(1)(d)(ii) of this Schedule, to have access to information of a confidential medical nature relating to a person who is or was a group member unless:

                     (c)  the person has delivered to the operator or any work group employer a written authority permitting the health and safety representative, or the health and safety representative and the consultant, as the case requires, to have access to the information; or

                     (d)  the information is in a form that does not identify the person or enable the identity of the person to be discovered.

37  Obligations and liabilities of health and safety representatives

                   This Schedule does not:

                     (a)  impose an obligation on a person to exercise any power conferred on the person because the person is a health and safety representative; or

                     (b)  render a person liable in civil proceedings because of:

                              (i)  a failure to exercise such a power; or

                             (ii)  the way such a power was exercised.

38  Provisional improvement notices

Consultation

             (1)  If:

                     (a)  a health and safety representative for a designated work group believes, on reasonable grounds, that a person:

                              (i)  is contravening a provision of a listed OHS law; or

                             (ii)  has contravened a provision of a listed OHS law and is likely to contravene that provision again; and

                     (b)  the contravention affects or may affect one or more group members;

the representative must consult with the person supervising the relevant activity in an attempt to reach agreement on rectifying the contravention or preventing the likely contravention.

Issue of provisional improvement notice

             (2)  If, in the health and safety representative’s opinion, agreement is not reached within a reasonable time, the health and safety representative may issue a provisional improvement notice to any or all of the persons (each of whom is in this clause called a responsible person) responsible for the contravention.

             (3)  If a responsible person is the operator, the improvement notice may be issued to the operator by giving it to the operator’s representative at the facility.

             (4)  If it is not practicable to issue the notice to a responsible person (other than the operator or the supervisor) by giving it to that responsible person:

                     (a)  the notice may be issued to that responsible person by giving it to the person who for the time being is, or may reasonably be presumed to be, on behalf of the responsible person, in charge of the activity to which the notice relates; and

                     (b)  if the notice is so issued, a copy of the notice must be given to the responsible person as soon as practicable afterwards.

Content of provisional improvement notice

             (5)  The notice must:

                     (a)  specify the contravention that, in the health and safety representative’s opinion, is occurring or is likely to occur, and set out the reasons for that opinion; and

                     (b)  specify a period that:

                              (i)  is not less than 7 days beginning on the day after the notice is issued; and

                             (ii)  is, in the representative’s opinion, reasonable;

                            within which the responsible person is to take action necessary to prevent any further contravention or to prevent the likely contravention, as the case may be.

             (6)  The notice may specify action that the responsible person is to take during the period specified in the notice.

Extension of period

             (7)  If, in the health and safety representative’s opinion, it is appropriate to do so, the representative may, in writing and before the end of the period, extend the period specified in the notice.

Copy of provisional improvement notice

             (8)  On issuing the notice, the health and safety representative must give a copy of the notice to:

                     (a)  if the operator is not a responsible person—the operator; and

                     (b)  each work group employer other than a work group employer who is a responsible person; and

                     (c)  if the supervisor is not a responsible person—the supervisor; and

                     (d)  if the notice relates to any plant, substance or thing that is owned by a person other than a responsible person or a person to whom a copy of the notice is given under paragraph (a), (b) or (c)—that owner.

39  Effect of provisional improvement notice

Request for inspection

             (1)  Within 7 days after a notice is issued under clause 38:

                     (a)  the responsible person; or

                     (b)  any other person to whom a copy of the notice has been given under subclause 38(8);

may make a request to NOPSEMA or to an OHS inspector that an inspection of the matter be conducted.

             (2)  Upon the request being made, the operation of the notice is suspended pending the determination of the matter by an OHS inspector.

Inspection

             (3)  As soon as possible after a request is made, an inspection must be conducted of the work that is the subject of the disagreement, and the OHS inspector conducting the inspection must:

                     (a)  confirm, vary or cancel the notice and notify the responsible person, and any person to whom a copy of the notice has been given under subclause 38(8), accordingly; and

                     (b)  make such decisions, and exercise such powers, under Part 4 of this Schedule, as the OHS inspector considers necessary in relation to the work.

Variation of notice

             (4)  If the OHS inspector varies a notice, the notice as so varied has effect:

                     (a)  so far as the notice concerns obligations imposed on the responsible person that are unaffected by the variation—as if the notice as so varied resumed effect on the day of the variation; and

                     (b)  so far as the notice concerns new obligations imposed by virtue of the variation—as if the notice as so varied were a new notice issued on the day of the variation.

Notification etc.

             (5)  If the notice is issued to a responsible person, the responsible person must:

                     (a)  notify each group member who is affected by the notice of the fact of the issue of the notice; and

                     (b)  until the notice ceases to have effect, cause a copy of the notice to be displayed at or near each workplace at which the work that is the subject of the notice is being performed.

When the notice ceases to have effect

             (6)  The notice ceases to have effect if:

                     (a)  it is cancelled by an OHS inspector or by the health and safety representative; or

                     (b)  the responsible person:

                              (i)  takes such action (if any) as is specified in the notice; or

                             (ii)  if no action is so specified—takes the action necessary to prevent the further contravention, or likely contravention, concerned.

Compliance with notice

             (7)  The responsible person:

                     (a)  must ensure that, to the extent that the notice relates to any matter over which the person has control, the notice is complied with; and

                     (b)  must take reasonable steps to inform the health and safety representative who issued the notice of the action taken to comply with the notice.

Appeals

             (8)  For the purposes of clause 81, if the OHS inspector confirms or varies the notice, the OHS inspector is taken to have decided, under clause 78, to issue an improvement notice in those terms.

Subdivision CDuties of the operator and other employers in relation to health and safety representatives

40  Duties of the operator and other employers in relation to health and safety representatives

Duties

             (1)  The operator of a facility, in relation to which a designated work group having a health and safety representative has been established, must:

                     (a)  on being requested to do so by the representative, consult with the representative on the implementation of changes at any workplace at which some or all of the group members perform work, where the changes may affect their health and safety; and

                     (b)  in relation to a workplace at which some or all of the group members perform work:

                              (i)  permit the representative to make such inspection of the workplace as the representative is entitled to make in accordance with subparagraph 34(1)(a)(i) of this Schedule and to accompany an OHS inspector during an inspection at the workplace by the OHS inspector; and

                             (ii)  if there is no health and safety committee in relation to the members of the workforce—on being requested to do so by the representative, consult with the representative about the development, implementation and review of measures to ensure the health and safety of group members; and

                     (c)  permit the representative to be present at any interview at which the representative is entitled to be present under paragraph 34(1)(c); and

                     (d)  provide to the representative access to any information to which the representative is entitled to obtain access under subparagraph 34(1)(d)(i) or (ii) of this Schedule and to which access has been requested; and

                     (e)  permit the representative to take such time off work, without loss of remuneration or other entitlements, as is necessary to exercise the powers of a health and safety representative; and

                      (f)  provide the representative with access to such facilities as are:

                              (i)  prescribed for the purposes of this paragraph; or

                             (ii)  necessary for the purposes of exercising the powers of a health and safety representative.

             (2)  Paragraph (1)(d) has effect subject to subclauses (3) and (4).

Information

             (3)  The operator must not permit a health and safety representative in relation to a designated work group to have access to information that:

                     (a)  is of a confidential medical nature under the control of the operator; and

                     (b)  relates to a person who is or was a group member;

unless:

                     (c)  the person has delivered to the employer a written authority permitting the representative to have access to the information; or

                     (d)  the information is in a form that does not identify the person or enable the identity of the person to be discovered.

             (4)  The operator is not required to give a health and safety representative access to any information in relation to which the operator is entitled to claim, and does claim, legal professional privilege.

Employer and supervisor

             (5)  The duties imposed by this clause on the operator in relation to the health and safety representative for a designated work group apply equally, to the extent that the matters to which the duties relate are within the control of a work group employer or of a supervisor of particular work, to that employer and to that supervisor.

Division 4Health and safety committees

41  Health and safety committees

Establishment

             (1)  A health and safety committee must be established in relation to the members of the workforce at a facility if:

                     (a)  the number of those members normally present at the facility is not less than 50 (whether or not those members are all at work at the facility at the same time); and

                     (b)  the members of the workforce are included in one or more designated work groups; and

                     (c)  the operator is requested to establish the committee by the health and safety representative for the designated work group or for one of the designated work groups.

Constitution

             (2)  The health and safety committee consists of:

                     (a)  the number of members specified in an agreement reached between the operator and the members of the workforce; or

                     (b)  if there is no such agreement—an equal number of:

                              (i)  members, chosen by the members of the workforce, to represent the interests of members of the workforce; and

                             (ii)  members, chosen by the operator, to represent the interests of the operator and the employers (other than the operator) of members of the workforce.

             (3)  The agreement referred to in paragraph (2)(a) may:

                     (a)  specify the persons who are to be members to represent the interests of the operator and employers (other than the operator) of members of the workforce; and

                     (b)  provide for the way in which persons who are to be members to represent the interests of members of the workforce are to be chosen.

Selection of members

             (4)  If regulations made for the purposes of this clause specify procedures for the selection of persons as members of health and safety committees, to represent the interests of members of the workforce, an agreement referred to in paragraph (2)(a) must not provide for such members to be chosen in a way inconsistent with the regulations.

Meetings

             (5)  A health and safety committee must hold meetings at least once every 3 months.

             (6)  The procedure at meetings of a health and safety committee must, except to the extent provided for by the regulations, be the procedure agreed upon by the committee.

             (7)  A health and safety committee must cause minutes of its meetings to be kept, and must retain those minutes for a period of not less than 3 years.

Other committees

             (8)  This clause does not prevent an operator from establishing, in consultation with members of the workforce or any other persons, committees concerned with occupational health and safety in relation to undertakings carried on by the operator.

42  Functions of health and safety committees

             (1)  A health and safety committee has the following functions:

                     (a)  to assist the operator of the facility concerned:

                              (i)  to develop and implement measures designed to protect; and

                             (ii)  to review and update measures used to protect;

                            the health and safety at work of members of the workforce;

                     (b)  to facilitate cooperation between the operator of the facility, employers (other than the operator) of members of the workforce, and members of the workforce, in relation to occupational health and safety matters;

                     (c)  to assist the operator to disseminate among members of the workforce, in appropriate languages, information relating to health and safety at work;

                     (d)  such functions as are prescribed;

                     (e)  such other functions as are agreed upon between the operator and the health and safety committee.

             (2)  A health and safety committee has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

             (3)  This Schedule does not:

                     (a)  impose an obligation on a person to do any act, because the person is a member of a health and safety committee, in connection with the performance of a function conferred on the committee; or

                     (b)  render such a person liable in civil proceedings because of:

                              (i)  a failure to do such an act; or

                             (ii)  the manner in which such an act was done.

43  Duties of the operator and other employers in relation to health and safety committees

Duties

             (1)  If there is a health and safety committee, the operator and any employer (other than the operator) of a member of the workforce must:

                     (a)  make available to the committee any information possessed by the operator or that employer relating to risks to health and safety to members of the workforce; and

                     (b)  permit any member of the committee who is a member of the workforce to take such time off work, without loss of remuneration or other entitlements, as is necessary for the member adequately to participate in the performance by the committee of its functions.

             (2)  Paragraph (1)(a) has effect subject to subclauses (3) and (4).

Information

             (3)  The operator or any employer (other than the operator) of a member of the workforce must not make available to a health and safety committee information of a confidential nature relating to a person who is or was a member of the workforce, unless:

                     (a)  the person has authorised the information to be made available to the committee; or

                     (b)  the information is in a form that does not identify the person or enable the identity of the person to be discovered.

             (4)  The operator or any employer (other than the operator) of a member of the workforce is not required to make available to a health and safety committee any information in relation to which the operator or employer is entitled to claim, and does claim, legal professional privilege.

Division 5Emergency procedures

44  Action by health and safety representatives

Imminent and serious danger to health or safety

             (1)  If a health and safety representative for a designated work group has reasonable cause to believe that there is an imminent and serious danger to the health or safety of any person at or near the facility unless a group member or group members cease to perform particular work, the representative must:

                     (a)  inform a person (a supervisor) supervising the group member or group members in the performance of the work of the danger; or

                     (b)  if no supervisor can be contacted immediately:

                              (i)  direct the group member or group members to cease, in a safe manner, to perform the work; and

                             (ii)  as soon as practicable, inform a supervisor that the direction has been given.

             (2)  If a supervisor is informed under paragraph (1)(a) of a danger to the health or safety of any person at or near the facility, the supervisor must take such action as he or she thinks appropriate to remove that danger, and any such action may include directing a group member or group members to cease, in a safe manner, to perform the work.

             (3)  If:

                     (a)  a health and safety representative has informed a supervisor under paragraph (1)(a) of a danger; and

                     (b)  the representative has reasonable cause to believe that, despite any action taken by the supervisor in accordance with subclause (2), there continues to be an imminent and serious danger to the health or safety of any person at or near the facility unless the group member or group members cease to perform particular work;

the representative must:

                     (c)  direct the group member or group members to cease, in a safe manner, to perform the work; and

                     (d)  as soon as practicable, inform the supervisor that the direction has been given.

Inspection

             (4)  If:

                     (a)  a health and safety representative gives a direction under paragraph (1)(b), but is unable to agree with a supervisor whom the representative has informed under that paragraph that there is a need for a direction under that paragraph; or

                     (b)  a health and safety representative gives a direction under paragraph (3)(c);

the representative or the supervisor may make a request to NOPSEMA or to an OHS inspector that an inspection be conducted of the work that is the subject of the direction.

             (5)  As soon as possible after a request is made, an inspection must be conducted of the work that is the subject of the direction, and the OHS inspector conducting the inspection must make such decisions, and exercise such powers, under Part 4 of this Schedule as the OHS inspector considers necessary in relation to the work.

             (6)  This clause does not limit the power of a health and safety representative under subparagraph 34(1)(a)(iii) of this Schedule to make a request to an OHS inspector or to NOPSEMA that an inspection be conducted at the workplace.

45  Direction to perform other work

Scope

             (1)  This clause applies if:

                     (a)  a group member who is an employee has ceased to perform work, in accordance with the direction of a health and safety representative under paragraph 44(1)(b) or (3)(c); and

                     (b)  the cessation of work does not continue after:

                              (i)  the health and safety representative has agreed with a person supervising work at the workplace where the work was being performed that the cessation of work was not, or is no longer, necessary; or

                             (ii)  an OHS inspector has, under subclause 44(5), made a decision to the effect that the employee should perform the work.

Direction to perform other work

             (2)  The employer may direct the employee to perform suitable alternative work, and the employee is to be taken, for all purposes, to be required to perform that other work under the terms and conditions of the employee’s employment.

Division 6Exemptions

46  Exemptions

             (1)  NOPSEMA may, in accordance with the regulations, make a written order exempting a specified person from any or all of the provisions of this Part (other than this clause).

Note:          For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

             (2)  NOPSEMA must not make an order under subclause (1) unless it is satisfied on reasonable grounds that it is impracticable for the person to comply with the provision or provisions.

             (3)  An order under subclause (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Part 4Inspections

Division 1Introduction

47  Simplified outline

                   The following is a simplified outline of this Part:

•      An OHS inspector may conduct an inspection:

               (a)     to ascertain whether a listed OHS law is being complied with; or

              (b)     concerning a contravention or a possible contravention of a listed OHS law; or

               (c)     concerning an accident or dangerous occurrence that has happened at or near a facility.

•      An OHS inspector may issue a prohibition notice to the operator of a facility in order to remove an immediate threat to the health or safety of any person.

•      An OHS inspector may issue an improvement notice specifying action that is to be taken to prevent contraventions of a listed OHS law.

•      An OHS inspector must prepare a report about an inspection and give the report to NOPSEMA.

48  Powers, functions and duties of OHS inspectors

             (1)  A person who is appointed under section 680 as an OHS inspector has the powers, functions and duties of an OHS inspector conferred or imposed by a listed OHS law.

             (2)  NOPSEMA may give written directions specifying the manner in which, and the conditions subject to which, powers conferred on OHS inspectors by a listed OHS law are to be exercised. If it does so, the powers of OHS inspectors must be exercised in accordance with those directions.

             (3)  NOPSEMA may, by written notice, impose restrictions, not inconsistent with any direction in force under subclause (2), on the powers that are conferred on a particular OHS inspector by a listed OHS law. If it does so, the powers of the OHS inspector are taken to have been restricted accordingly.

             (4)  If a direction under subclause (2) is of general application, the direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

             (5)  If a direction under subclause (2) relates to a particular case, the direction is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.

             (6)  A notice under subclause (3) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Division 2Inspections

49  Inspections

Inspections conducted on OHS inspector’s own initiative

             (1)  An OHS inspector may, at any time, conduct an inspection:

                     (a)  to ascertain whether the requirements of, or any requirements properly made under, a listed OHS law are being complied with; or

                     (b)  concerning a contravention or a possible contravention of a listed OHS law; or

                     (c)  concerning an accident or dangerous occurrence that has happened at or near a facility.

Inspections conducted at the direction of NOPSEMA

             (2)  NOPSEMA may direct an OHS inspector to conduct an inspection:

                     (a)  to ascertain whether the requirements of, or any requirements properly made under, a listed OHS law are being complied with; or

                     (b)  concerning a contravention or a possible contravention of a listed OHS law; or

                     (c)  concerning an accident or dangerous occurrence that has happened at or near a facility;

and the OHS inspector must, unless NOPSEMA revokes the direction, conduct an inspection accordingly.

Division 3Powers of OHS inspectors in relation to the conduct of inspections

Subdivision AGeneral powers of entry and search

50  Powers of entry and search—facilities

Power to enter and search

             (1)  An OHS inspector may, for the purposes of an inspection, at any reasonable time during the day or night:

                     (a)  enter a facility to which the inspection relates and do any or all of the following:

                              (i)  search the facility;

                             (ii)  inspect, examine, take measurements of, or conduct tests concerning, any workplace at the facility or any plant, substance or thing at the facility;

                            (iii)  take photographs of, make video recordings of, or make sketches of, any workplace at the facility or any plant, substance or thing at the facility;

                            (iv)  inspect, take extracts from, or make copies of, any documents at the facility that the OHS inspector has reasonable grounds to believe relate, or are likely to relate, to the subject matter of the inspection; and

                     (b)  inspect the seabed and subsoil in the vicinity of a facility to which the inspection relates.

Notification of entry

             (2)  Immediately on entering a facility for the purposes of an inspection, an OHS inspector must take reasonable steps to notify the purpose of entering the facility to:

                     (a)  the operator’s representative at the facility; and

                     (b)  if there is a health and safety representative for a designated work group having a group member likely to be affected by the matter the subject of the inspection—that representative;

and must, on being requested to do so by the person referred to in paragraph (a) or (b), produce for inspection by that person:

                     (c)  the OHS inspector’s identity card; and

                     (d)  a copy of NOPSEMA’s written direction (if any) to conduct the inspection; and

                     (e)  a copy of the restrictions (if any) imposed on the powers of the OHS inspector under subclause 48(3).

Consultation with health and safety representative

             (3)  If there is a health and safety representative for a designated work group having a group member likely to be affected by the matter the subject of the inspection, the OHS inspector must give the health and safety representative a reasonable opportunity to consult on the matter the subject of the inspection.

51  Powers of entry and search—regulated business premises (other than facilities)

Power to enter and search

             (1)  An OHS inspector may, for the purposes of an inspection:

                     (a)  at any reasonable time, enter any regulated business premises (other than a facility) if the OHS inspector has reasonable grounds to believe that there are likely to be at those premises documents that relate to:

                              (i)  a facility that is, or facility operations that are, the subject of the inspection; or

                             (ii)  if the investigation concerns a contravention or possible contravention of clause 13A or 13B—the contravention or possible contravention; and

                     (b)  search for, inspect, take extracts from, or make copies of, any such documents at those premises.

Notification of entry

             (2)  Immediately on entering premises referred to in subclause (1), an OHS inspector must take reasonable steps to notify the purpose of the entry to the occupier of those premises, and must, on being requested to do so by the occupier, produce for inspection by the occupier:

                     (a)  the OHS inspector’s identity card; and

                     (b)  a copy of NOPSEMA’s written direction (if any) to conduct the inspection; and

                     (c)  a copy of the restrictions (if any) imposed on the powers of the OHS inspector under subclause 48(3).

52  Powers of entry and search—premises (other than regulated business premises)

Power to enter and search

             (1)  An OHS inspector may, for the purposes of an inspection:

                     (a)  enter any premises (other than regulated business premises) if the OHS inspector has reasonable grounds to believe that there are likely to be at those premises documents that relate to:

                              (i)  a facility that is, or facility operations that are, the subject of the inspection; or

                             (ii)  if the investigation concerns a contravention or possible contravention of clause 13A or 13B—the contravention or possible contravention; and

                     (b)  search for, inspect, take extracts from, or make copies of, any such documents at those premises.

             (2)  An OHS inspector may exercise the powers referred to in subclause (1) to enter premises only:

                     (a)  if the premises are not a residence:

                              (i)  in accordance with a warrant under clause 53; or

                             (ii)  with the consent of the occupier of the premises; or

                     (b)  if the premises are a residence—with the consent of the occupier of the premises.

Notification of entry

             (3)  Immediately on entering premises referred to in subclause (1), an OHS inspector must:

                     (a)  take reasonable steps to notify the purpose of the entry to the occupier of those premises; and

                     (b)  take reasonable steps to produce, for inspection by the occupier, the OHS inspector’s identity card; and

                     (c)  on being requested to do so by the occupier, produce, for inspection by the occupier:

                              (i)  a copy of NOPSEMA’s written direction (if any) to conduct the inspection; and

                             (ii)  a copy of the restrictions (if any) imposed on the powers of the OHS inspector under subclause 48(3).

Entry by warrant—copy of warrant to be made available to occupier

             (4)  If:

                     (a)  an OHS inspector enters premises in accordance with a warrant under clause 53; and

                     (b)  the occupier of the premises is present at the premises;

the OHS inspector must make a copy of the warrant available to the occupier.

Entry by consent

             (5)  Before obtaining the consent of a person as mentioned in paragraph (2)(a) or (b), an OHS inspector must inform the person that:

                     (a)  the person may refuse consent; and

                     (b)  the consent may be withdrawn.

             (6)  The consent of a person is not effective for the purposes of subclause (2) unless the consent is voluntary.

53  Warrant to enter premises (other than regulated business premises)

Application for warrant

             (1)  An OHS inspector may apply to a Magistrate for a warrant authorising the OHS inspector, with such assistance as the OHS inspector thinks necessary, to exercise the powers referred to in subclause 52(1) in relation to particular premises (other than a residence).

             (2)  The application must be supported by an information on oath or affirmation that sets out the grounds on which the OHS inspector is applying for the warrant.

Issue of warrant

             (3)  If the Magistrate is satisfied that there are reasonable grounds for issuing the warrant, the Magistrate may issue the warrant.

             (4)  A warrant issued under subclause (3) must state:

                     (a)  the name of the OHS inspector; and

                     (b)  whether the inspection may be carried out at any time or only during specified hours of the day; and

                     (c)  the day on which the warrant ceases to have effect; and

                     (d)  the purposes for which the warrant is issued.

             (5)  The day specified under paragraph (4)(c) is not to be more than 7 days after the day on which the warrant is issued.

             (6)  The purposes specified under paragraph (4)(d) must include the identification of the premises in relation to which the warrant is issued.

54  Obstructing or hindering OHS inspector

             (1)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct obstructs or hinders an OHS inspector in the exercise of the OHS inspector’s powers under clause 50, 51 or 52.

Penalty:  50 penalty units.

             (2)  Subclause (1) does not apply if the person has a reasonable excuse.

Note 1:       The defendant bears an evidential burden in relation to the matter in subclause (2)—see subsection 13.3(3) of the Criminal Code.

Note 2:       See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).

Note 3:       The same conduct may be an offence against both subclause (1) of this clause and section 149.1 of the Criminal Code.

Subdivision BOffence‑related searches and seizures

55  What is evidential material?

                   For the purposes of this Subdivision, a thing is evidential material if it is:

                     (a)  a thing in respect of which an offence against a listed OHS law has been committed or is suspected, on reasonable grounds, to have been committed; or

                     (b)  a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence against a listed OHS law; or

                     (c)  a thing that there are reasonable grounds for suspecting was used, or is intended to be used, for the purposes of committing an offence against a listed OHS law.

56  Offence‑related searches and seizures—OHS inspector already present at facility

Scope

             (1)  This clause applies if, in connection with an inspection:

                     (a)  an OHS inspector has entered a facility under clause 50; and

                     (b)  the OHS inspector believes on reasonable grounds that there is at the facility any evidential material.

Power to search etc.

             (2)  The OHS inspector may, for the purposes of the inspection:

                     (a)  search the facility for evidential material; and

                     (b)  break open and search a cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, at the facility and in which the OHS inspector believes on reasonable grounds there to be any evidential material; and

                     (c)  examine any thing at the facility that the OHS inspector believes on reasonable grounds to be evidential material; and

                     (d)  seize any thing at the facility that the OHS inspector believes on reasonable grounds to be evidential material; and

                     (e)  take samples of any thing at the facility that the OHS inspector believes on reasonable grounds to be evidential material; and

                      (f)  exercise the data access powers set out in clause 58 in relation to the facility; and

                     (g)  exercise the data seizure powers set out in clause 59 in relation to the facility.

             (3)  An OHS inspector may exercise the powers referred to in paragraph (2)(a), (b), (c), (e) or (f) only:

                     (a)  with the consent of:

                              (i)  the operator; or

                             (ii)  the operator’s representative at the facility; or

                     (b)  in accordance with a warrant issued under subclause 67(1).

             (4)  An OHS inspector may exercise the powers referred to in paragraph (2)(d) or (g) only in accordance with a warrant issued under subclause 67(1).

Notification of search

             (5)  Before searching a facility under subclause (2), an OHS inspector must:

                     (a)  take reasonable steps to notify the purpose of the search to the operator’s representative at the facility; and

                     (b)  take reasonable steps to produce, for inspection by the operator’s representative, the OHS inspector’s identity card; and

                     (c)  on being requested to do so by the operator’s representative, produce, for inspection by the operator’s representative:

                              (i)  a copy of NOPSEMA’s written direction (if any) to conduct the inspection; and

                             (ii)  a copy of the restrictions (if any) imposed on the powers of the OHS inspector under subclause 48(3).

Copy of warrant to be made available to operator’s representative or occupier

             (6)  If:

                     (a)  an OHS inspector searches a facility in accordance with a warrant issued under subclause 67(1); and

                     (b)  the operator’s representative at the facility is present at the facility;

the OHS inspector must make a copy of the warrant available to the operator’s representative.

Entry by consent

             (7)  Before obtaining the consent of a person as mentioned in paragraph (3)(a), an OHS inspector must inform the person that:

                     (a)  the person may refuse consent; and

                     (b)  the consent may be withdrawn.

             (8)  The consent of a person is not effective for the purposes of subclause (3) unless the consent is voluntary.

Evidence of commission of other offences

             (9)  If:

                     (a)  in the course of searching, in accordance with a warrant issued under subclause 67(1) for particular evidential material relating to an offence against a listed OHS law, an OHS inspector finds a thing that the OHS inspector believes on reasonable grounds to be:

                              (i)  a thing that is evidential material relating to that offence, although not evidential material of a kind specified in the warrant; or

                             (ii)  a thing that is evidential material relating to another offence against a listed OHS law; and

                     (b)  the OHS inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence;

the warrant is taken to authorise the OHS inspector to seize that thing.

57  Offence‑related searches and seizures—OHS inspector not already present at facility, premises or vessel

Scope

             (1)  This clause applies if, in connection with an inspection, an OHS inspector believes on reasonable grounds that:

                     (a)  there is at a facility any evidential material; or

                     (b)  there is at any premises (other than a facility) any evidential material; or

                     (c)  there is on any vessel any evidential material.

Power to enter and search etc.

             (2)  The OHS inspector may, for the purposes of the inspection:

                     (a)  enter the facility, premises or vessel; and

                     (b)  search the facility, premises or vessel for evidential material; and

                     (c)  break open and search a cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, at the facility or premises or on the vessel and in which the OHS inspector believes on reasonable grounds there to be any evidential material; and

                     (d)  examine any thing at the facility or premises or on the vessel that the OHS inspector believes on reasonable grounds to be evidential material; and

                     (e)  seize any thing at the facility or premises or on the vessel that the OHS inspector believes on reasonable grounds to be evidential material; and

                      (f)  inspect, examine, take measurements of, conduct tests on, or take samples of, any thing at the facility or premises or on the vessel that the OHS inspector believes on reasonable grounds to be evidential material; and

                     (g)  take photographs of, make video recordings of, or make sketches of the facility, premises or vessel or any thing at the facility or premises or on the vessel that the OHS inspector believes on reasonable grounds to be evidential material; and

                     (h)  exercise the data access powers set out in clause 58 in relation to the facility, premises or vessel; and

                      (i)  exercise the data seizure powers set out in clause 59 in relation to the facility, premises or vessel.

             (3)  An OHS inspector may exercise the powers referred to in paragraph (2)(a), (b), (c), (d), (f), (g) or (h) only:

                     (a)  with the consent of:

                              (i)  in the case of a facility—the operator’s representative at the facility or the operator of the facility; or

                             (ii)  in the case of premises—the occupier of the premises; or

                            (iii)  in the case of a vessel—the master of the vessel; or

                     (b)  in accordance with a warrant issued under subclause 67(2) or (4).

             (4)  An OHS inspector may exercise the powers referred to in paragraph (2)(e) or (i) only in accordance with a warrant issued under subclause 67(2) or (4).

Notification of entry

             (5)  Immediately on entering a facility, premises or vessel under subclause (2), an OHS inspector must:

                     (a)  take reasonable steps to notify the purpose of the entry to the operator’s representative at the facility, the occupier of the premises, or the master of the vessel, as the case may be; and

                     (b)  take reasonable steps to produce, for inspection by the operator’s representative, the occupier, or the master, as the case may be, the OHS inspector’s identity card; and

                     (c)  on being requested to do so by the operator’s representative, the occupier, or the master, produce, for inspection by the operator’s representative, the occupier or the master, as the case may be:

                              (i)  a copy of NOPSEMA’s written direction (if any) to conduct the inspection; and

                             (ii)  a copy of the restrictions (if any) imposed on the powers of the OHS inspector under subclause 48(3).

Copy of warrant to be made available to operator’s representative, occupier or master

             (6)  If:

                     (a)  an OHS inspector enters a facility, premises or vessel in accordance with a warrant issued under subclause 67(2) or (4); and

                     (b)  in the case of a facility or premises—the operator’s representative at the facility, or the occupier of the premises, is present at the facility or premises, as the case may be;

the OHS inspector must make a copy of the warrant available to the operator’s representative, the occupier of the premises, or the master of the vessel, as the case may be.

Entry by consent

             (7)  Before obtaining the consent of a person as mentioned in paragraph (3)(a), an OHS inspector must inform the person that:

                     (a)  the person may refuse consent; and

                     (b)  the consent may be withdrawn.

             (8)  The consent of a person is not effective for the purposes of subclause (3) unless the consent is voluntary.

Evidence of commission of other offences

             (9)  If:

                     (a)  in the course of searching, in accordance with a warrant issued under subclause 67(2) or (4) for particular evidential material relating to an offence against a listed OHS law, an OHS inspector finds a thing that the OHS inspector believes on reasonable grounds to be:

                              (i)  a thing that is evidential material relating to that offence, although not evidential material of a kind specified in the warrant; or

                             (ii)  a thing that is evidential material relating to another offence against a listed OHS law; and

                     (b)  the OHS inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence;

the warrant is taken to authorise the OHS inspector to seize that thing.

58  Data access powers

Data access powers of OHS inspector

             (1)  This clause sets out the data access powers that an OHS inspector may exercise under:

                     (a)  paragraph 56(2)(f) in relation to a facility; or

                     (b)  paragraph 57(2)(h) in relation to a facility, premises or vessel.

Operation of electronic equipment

             (2)  The OHS inspector may operate electronic equipment at the facility or premises or on the vessel to access data (including data not held at the facility or premises or on the vessel) if the OHS inspector believes on reasonable grounds that:

                     (a)  the data might constitute evidential material; and

                     (b)  the equipment can be operated without damaging it.

Note:          An OHS inspector can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see clause 60.

Copying of data

             (3)  If the OHS inspector believes on reasonable grounds that any data accessed by operating the electronic equipment might constitute evidential material, the OHS inspector may:

                     (a)  copy the data to a disk, tape or other associated device brought to the facility, premises or vessel; or

                     (b)  if:

                              (i)  the operator’s representative at the facility; or

                             (ii)  the occupier of the premises; or

                            (iii)  the master of the vessel;

                            as the case may be, agrees in writing—copy the data to a disk, tape or other associated device at the facility or premises or on the vessel;

and take the disk, tape or device from the facility, premises or vessel.

             (4)  If:

                     (a)  the OHS inspector takes the disk, tape or device from the facility, premises or vessel; and

                     (b)  NOPSEMA is satisfied that the data is not required (or is no longer required) for:

                              (i)  an inspection; or

                             (ii)  the prosecution of a person;

NOPSEMA must arrange for:

                     (c)  the removal of the data from any disk, tape or device in the control of NOPSEMA; and

                     (d)  the destruction of any other reproduction of the data in the control of NOPSEMA.

Securing equipment

             (5)  If the OHS inspector believes on reasonable grounds that:

                     (a)  evidential material may be accessible by operating electronic equipment at the facility or premises or on the vessel; and

                     (b)  expert assistance is required to operate the equipment; and

                     (c)  if the OHS inspector does not take action under this subclause, the material may be destroyed, altered or otherwise interfered with;

the OHS inspector may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

             (6)  The OHS inspector must give notice to:

                     (a)  the operator’s representative at the facility; or

                     (b)  the occupier of the premises; or

                     (c)  the master of the vessel;

as the case may be, of the OHS inspector’s intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.

             (7)  The equipment may be secured:

                     (a)  for a period not longer than 24 hours; or

                     (b)  until the equipment has been operated by the expert;

whichever happens first.

             (8)  If the OHS inspector believes on reasonable grounds that the expert assistance will not be available within 24 hours, the OHS inspector may apply to a Magistrate for an extension of that period.

             (9)  The OHS inspector must give notice to:

                     (a)  the operator’s representative at the facility; or

                     (b)  the occupier of the premises; or

                     (c)  the master of the vessel;

as the case may be, of the OHS inspector’s intention to apply for an extension, and the operator, occupier or master is entitled to be heard in relation to the application.

           (10)  The provisions of this Subdivision relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.

59  Data seizure powers

Data seizure powers of OHS inspector

             (1)  This clause sets out the data seizure powers that an OHS inspector may exercise under:

                     (a)  paragraph 56(2)(g) in relation to a facility; or

                     (b)  paragraph 57(2)(i) in relation to a facility, premises or vessel.

Seizure

             (2)  If:

                     (a)  an OHS inspector operates electronic equipment under subclause 58(2); and

                     (b)  the OHS inspector, after operating the equipment, finds that evidential material is accessible by doing so;

the OHS inspector may:

                     (c)  seize the equipment and any disk, tape or other associated device; or

                     (d)  if the material can, by using a thing at the facility or premises or on the vessel, be put in documentary form—operate the thing to put the material in that form, and seize the documents so produced.

             (3)  The OHS inspector may seize equipment under paragraph (2)(c) only if:

                     (a)  it is not practicable to copy the data as mentioned in subclause 58(3) or to put the material in documentary form as mentioned in paragraph (2)(d) of this clause; or

                     (b)  the equipment is in the possession of another person, and the possession by the other person could constitute an offence.

60  Access to computer data

Scope

             (1)  This clause applies if a warrant is in force under clause 67 authorising an OHS inspector to exercise data access powers under clause 58 in relation to a facility, premises or vessel.

Application to Magistrate for access order

             (2)  The OHS inspector may apply to a Magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the OHS inspector to do one or more of the following:

                     (a)  access data held in, or accessible from, a computer that is at the facility or premises or on the vessel;

                     (b)  copy the data to a data storage device;

                     (c)  convert the data into documentary form.

Grant of access order

             (3)  The Magistrate may grant the order if the Magistrate is satisfied that:

                     (a)  there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer; and

                     (b)  the specified person is:

                              (i)  reasonably suspected of having been involved in the offence stated in the warrant; or

                             (ii)  the owner or lessee of the computer; or

                            (iii)  an employee of the owner or lessee of the computer; and

                     (c)  the specified person has relevant knowledge of:

                              (i)  the computer or a computer network of which the computer forms a part; or

                             (ii)  measures applied to protect data held in, or accessible from, the computer.

Offence

             (4)  A person commits an offence if:

                     (a)  the person is subject to an order under this clause; and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the order.

Penalty for contravention of this subclause:         Imprisonment for 6 months.

61  Compensation for damage to equipment

             (1)  This clause applies if:

                     (a)  as a result of equipment being operated as mentioned in clause 58 or 59:

                              (i)  damage is caused to the equipment; or

                             (ii)  the data recorded on the equipment is damaged; or

                            (iii)  programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

                     (b)  the damage or corruption occurs because:

                              (i)  insufficient care was exercised in selecting the person who was to operate the equipment; or

                             (ii)  insufficient care was exercised by the person operating the equipment.

             (2)  The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.

             (3)  However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.

             (4)  In determining the amount of compensation payable, regard is to be had to:

                     (a)  if the equipment was operated at a facility—whether the operator of the facility, or the operator’s representative at the facility, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment; or

                     (b)  if the equipment was operated at premises other than a facility—whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment; or

                     (c)  if the equipment was operated on a vessel—whether the master of the vessel, or the crew of the vessel, provided any appropriate warning or guidance on the operation of the equipment.

             (5)  Compensation is payable out of money appropriated by the Parliament.

             (6)  For the purposes of subclause (1):

damage, in relation to data, includes damage by erasure of data or addition of other data.

62  Copies of things seized to be provided

             (1)  If an OHS inspector seizes, under this Subdivision:

                     (a)  a document, film, computer file or other thing that can be readily copied; or

                     (b)  a storage device the information in which can be readily copied;

the OHS inspector must, if requested to do so by:

                     (c)  in the case of a facility—the operator’s representative at the facility; or

                     (d)  in the case of premises (other than a facility)—the occupier of the premises or another person who apparently represents the occupier and who is present when the thing is seized; or

                     (e)  in the case of a vessel—the master of the vessel;

give a copy of the thing or the information to that person as soon as practicable after the seizure.

             (2)  However, subclause (1) does not apply if:

                     (a)  the thing that has been seized was seized under subclause 58(3) or paragraph 59(2)(d); or

                     (b)  the document, film, computer file, thing or information is in the possession of another person, and the possession by the other person could constitute an offence.

63  Operator’s representative, occupier or master entitled to be present during search

             (1)  If a warrant in relation to a facility is being executed, the operator’s representative at the facility is entitled to observe the search being conducted.

             (2)  If a warrant in relation to premises is being executed, the following person is entitled to observe the search being conducted:

                      (i)  if the occupier of the premises is present at the premises—the occupier;

                     (ii)  if another person who apparently represents the occupier is present at the premises—the other person.

             (3)  If a warrant in relation to a vessel is being executed, the master of the vessel is entitled to observe the search being conducted.

             (4)  The right to observe the search being conducted ceases if the operator’s representative, the occupier, the other person or the master, as the case may be, impedes the search.

             (5)  This section does not prevent 2 or more areas of the facility, premises or vessel being searched at the same time.

64  Receipts for things seized

             (1)  If an OHS inspector seizes a thing under this Subdivision, the OHS inspector must provide a receipt for the thing.

             (2)  If 2 or more things are seized or moved, they may be covered in the one receipt.

65  Retention of things seized

             (1)  If an OHS inspector seizes a thing under this Subdivision, the OHS inspector or NOPSEMA may retain it until:

                     (a)  the end of the period of 60 days after the seizure; or

                     (b)  if proceedings for an offence in respect of which the thing may afford evidence are instituted within that period—the proceedings (including any appeal to a court in relation to those proceedings) are completed.

             (2)  NOPSEMA may, by written instrument, authorise a thing seized under this Subdivision to be released to the owner, or to the person from whom it was seized, either:

                     (a)  unconditionally; or

                     (b)  on such conditions as NOPSEMA thinks fit.

66  Magistrate may permit a thing seized to be retained for a further period

             (1)  If an OHS inspector seizes a thing under this Subdivision, the OHS inspector or NOPSEMA may apply to a Magistrate for an order that the OHS inspector, or NOPSEMA, as the case may be, may retain the thing for a further period if:

                     (a)  before the end of 60 days after the seizure; or

                     (b)  before the end of a period previously specified in an order of a Magistrate under this clause;

proceedings for an offence in respect of which the thing may afford evidence have not been instituted.

             (2)  If the Magistrate is satisfied that it is necessary for an OHS inspector, or NOPSEMA, as the case may be, to continue to retain the thing:

                     (a)  for the purposes of an inspection; or

                     (b)  to enable evidence of an offence against a listed OHS law to be secured for the purposes of a prosecution;

the Magistrate may order that the OHS inspector or NOPSEMA may retain the thing for a period (not exceeding 3 years) specified in the order.

             (3)  Before making the application, the OHS inspector, or NOPSEMA, as the case may be, must:

                     (a)  take reasonable steps to discover who has an interest in the retention of the thing; and

                     (b)  if it is practicable to do so—notify the proposed application to each person whom the OHS inspector or NOPSEMA believes to have an interest in the retention of the thing.

67  Magistrate may issue warrant

Warrant relating to powers under clause 56

             (1)  If:

                     (a)  an OHS inspector has entered a facility under clause 50; and

                     (b)  the OHS inspector believes on reasonable grounds that there is at the facility any evidential material; and

                     (c)  the OHS inspector applies to a Magistrate, by telephone, fax or other electronic means, for a search warrant under this subclause in relation to the evidential material;

the Magistrate may issue a search warrant authorising the OHS inspector, with such assistance, and by such force, as is necessary and reasonable, to exercise the powers referred to in paragraphs 56(2)(a) to (g) of this Schedule in respect of the evidential material.

Warrant relating to powers under clause 57—general

             (2)  If:

                     (a)  an information on oath or affirmation is laid before a Magistrate alleging that an OHS inspector believes on reasonable grounds that there is at a facility or premises or on a vessel any evidential material; and

                     (b)  the information sets out those grounds;

the Magistrate may issue a search warrant authorising the OHS inspector named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to:

                     (c)  enter the facility, premises or vessel; and

                     (d)  exercise the powers referred to in paragraphs 57(2)(b) to (i) of this Schedule in respect of the evidential material.

             (3)  If, because of circumstances of urgency, an OHS inspector thinks it necessary to do so, the OHS inspector may apply to a Magistrate for a warrant under subclause (2) by telephone, fax or other electronic means.

Warrant relating to powers under clause 57—vessels

             (4)  If:

                     (a)  an OHS inspector has entered a facility under clause 50; and

                     (b)  the OHS inspector believes on reasonable grounds that there is on a vessel any evidential material that relates to the listed OHS law covered by paragraph 638(1)(a) of this Act; and

                     (c)  the OHS inspector applies to a Magistrate, by telephone, fax or other electronic means, for a search warrant under this subclause in relation to the evidential material;

the Magistrate may issue a search warrant authorising the OHS inspector named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to:

                     (d)  enter the vessel; and

                     (e)  exercise the powers referred to in paragraphs 57(2)(b) to (i) of this Schedule in respect of the evidential material.

68  Reasonable grounds for issuing warrant etc.

                   A Magistrate must not issue a warrant under clause 67 unless:

                     (a)  the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

                     (b)  the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

69  Contents of warrant

             (1)  A warrant issued under clause 67 must state:

                     (a)  the name of the OHS inspector; and

                     (b)  in the case of a warrant issued under subclause 67(1)—whether the search may be carried out at any time or only during specified hours of the day; and

                     (c)  in the case of a warrant issued under subclause 67(2) or (4)—whether the entry or search may be carried out at any time or only during specified hours of the day; and

                     (d)  a description of the kind of things to be seized; and

                     (e)  the day on which the warrant ceases to have effect; and

                      (f)  the purpose for which the warrant is issued.

             (2)  The day specified under paragraph (1)(e) is not to be more than 7 days after the day on which the warrant is issued.

             (3)  The purpose specified under paragraph (1)(f) must include the identification of the facility, premises or vessel in relation to which the warrant is issued.

70  Provisions relating to issue of warrant by telephone etc.

Scope

             (1)  This clause applies to an application for a warrant under subclause 67(1), (2) or (4) if the application is made by telephone, fax or other electronic means.

Information

             (2)  Before making the application, an OHS inspector must prepare an information that:

                     (a)  alleges that the OHS inspector believes on reasonable grounds that there is at a facility or premises or on a vessel any evidential material; and

                     (b)  sets out those grounds.

             (3)  The information must be on oath or affirmation. However, the OHS inspector may, if it is necessary to do so, make the application before the information has been sworn or affirmed.

Warrant

             (4)  If the Magistrate to whom an application is made is satisfied:

                     (a)  after having considered the terms of the information prepared under subclause (2); and

                     (b)  after having received such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the Magistrate must complete and sign such a search warrant.

             (5)  If the Magistrate signs a warrant under subclause (4):

                     (a)  the Magistrate must:

                              (i)  inform the OHS inspector of the terms of the warrant; and

                             (ii)  inform the OHS inspector of the day on which and the time at which the warrant was signed; and

                            (iii)  inform the OHS inspector of the day (not more than 7 days after the Magistrate completes and signs the warrant) on which the warrant ceases to have effect; and

                            (iv)  record on the warrant the reasons for issuing the warrant; and

                     (b)  the OHS inspector must:

                              (i)  complete a form of warrant in the same terms as the warrant completed and signed by the Magistrate; and

                             (ii)  write on it the Magistrate’s name and the day on which and the time at which the warrant was signed.

             (6)  The OHS inspector must, not later than the day after the date of expiry or execution of the warrant, whichever is the earlier, send to the Magistrate:

                     (a)  the form of warrant completed by the OHS inspector; and

                     (b)  the information duly sworn or affirmed in connection with the warrant.

             (7)  On receiving the documents referred to in subclause (6), the Magistrate must:

                     (a)  attach to them the warrant signed by the Magistrate; and

                     (b)  deal with the documents in the way that the Magistrate would have dealt with the information if the application for the warrant had been made otherwise than by telephone, fax or other electronic means.

             (8)  A form of warrant duly completed by an OHS inspector under subclause (5), if it is in accordance with the terms of the warrant signed by the Magistrate, is authority for a seizure or other exercise of a power that the warrant so signed authorises.

71  Proceedings involving warrant issued by telephone etc.

                   If:

                     (a)  it is material in any proceedings for a court to be satisfied that a seizure or other exercise of power was authorised in accordance with clause 70; and

                     (b)  a warrant signed by a Magistrate under clause 70 authorising the seizure or other exercise of power is not produced in evidence;

the court is to assume, unless the contrary is proved, that the seizure or other exercise of power was not authorised by such a warrant.

72  This Subdivision does not limit other powers

             (1)  This Subdivision does not limit Subdivision A.

             (2)  In particular, this Act does not prevent the concurrent exercise of powers under this Subdivision and Subdivision A.

Note           Subdivision A deals with general powers of entry and search.

             (3)  This Subdivision does not limit clause 75.

Note:          Clause 75 deals with the power to take possession of plant, take samples of substances etc.

Subdivision COther powers

73  Power to require assistance

Requirement to provide assistance

             (1)  An OHS inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of an inspection, require:

                     (a)  the operator of a facility; or

                     (b)  the person in charge of operations at a workplace in relation to a facility; or

                     (c)  a member of the workforce at a facility; or

                    (ca)  a titleholder; or

                     (d)  any person representing a person referred to in paragraph (a) or (b); or

                     (e)  any person representing a person referred to in paragraph (ca);

to provide the OHS inspector with reasonable assistance and facilities:

                     (e)  that is or are reasonably connected with the conduct of the inspection at or near the facility; or

                      (f)  for the effective exercise of the OHS inspector’s powers under this Schedule in connection with the conduct of the inspection at or near the facility.

             (2)  The reasonable assistance referred to in subclause (1) includes, so far as the operator of the facility is concerned:

                     (a)  appropriate transport to or from the facility for the OHS inspector and for any equipment required by the OHS inspector, or any article of which the OHS inspector has taken possession; and

                     (b)  reasonable accommodation and means of subsistence while the OHS inspector is at the facility.

Offence

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under this clause; and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  Imprisonment for 6 months.

             (4)  Subclause (3) does not apply if the person has a reasonable excuse.

Note 1:       A defendant bears an evidential burden in relation to the matter in subclause (4)—see subsection 13.3(3) of the Criminal Code.

Note 2:       See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).

Limitation—titleholders

             (5)  Paragraphs (1)(ca) and (e) do not apply in relation to an inspection unless the inspection concerns a contravention or possible contravention of clause 13A or 13B.

Definition

             (6)  In this clause:

titleholder means the registered holder of:

                     (a)  a petroleum title; or

                     (b)  a greenhouse gas title.

74  Power to require the answering of questions and the production of documents or articles

Requirement to answer questions

             (1)  If:

                     (a)  an OHS inspector believes on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of an inspection; and

                     (b)  the person is:

                              (i)  the operator of a facility; or

                             (ii)  the person in charge of operations at a workplace in relation to a facility; or

                            (iii)  a member of the workforce at a facility; or

                          (iiia)  a titleholder; or

                            (iv)  any person representing a person referred to in subparagraph (i) or (ii); or

                             (v)  any person representing a person referred to in subparagraph (iiia);

the OHS inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to answer the question put by the OHS inspector.

             (2)  If, at the time when a requirement under subclause (1) is imposed on a person, the person is not physically present on regulated business premises, the person is not obliged to comply with the requirement unless the requirement:

                     (a)  is in writing; and

                     (b)  specifies the day on or before which the question is to be answered; and

                     (c)  is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.

The day specified under paragraph (b) must be at least 14 days after the day on which the requirement is imposed.

Requirement to produce documents or articles

             (3)  If:

                     (a)  an OHS inspector believes on reasonable grounds that a person is capable of producing a document or article that is reasonably connected with the conduct of an inspection; and

                     (b)  the person is:

                              (i)  the operator of a facility; or

                             (ii)  the person in charge of operations at a workplace in relation to a facility; or

                            (iii)  a member of the workforce at a facility; or

                          (iiia)  a titleholder; or

                            (iv)  any person representing a person referred to in subparagraph (i) or (ii); or

                             (v)  any person representing a person referred to in subparagraph (iiia);

the OHS inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to produce the document or article.

             (4)  If, at the time when a requirement under subclause (3) is imposed on a person, the person is not physically present on regulated business premises, the person is not obliged to comply with the requirement unless the requirement:

                     (a)  is in writing; and

                     (b)  specifies the day on or before which the document or article is to be produced; and

                     (c)  is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.

The day specified under paragraph (b) must be at least 14 days after the day on which the requirement is imposed.

Offence

             (5)  A person commits an offence if:

                     (a)  the person is subject to a requirement under this clause; and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  Imprisonment for 6 months.

             (6)  Subclause (5) does not apply if the person has a reasonable excuse.

Note 1:       A defendant bears an evidential burden in relation to the matter in subclause (6)—see subsection 13.3(3) of the Criminal Code.

Note 2:       See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).

False information

             (7)  A person commits an offence if:

                     (a)  the person gives information to another person; and

                     (b)  the person does so knowing that the information is false or misleading in a material particular; and

                     (c)  the information is given in compliance or purported compliance with a requirement under this clause.

Penalty:  Imprisonment for 6 months.

Note:          The same conduct may be an offence against both subclause (7) of this clause and section 137.1 of the Criminal Code.

Self‑incrimination

             (8)  A person is not excused from answering a question or producing a document or article when required to do so under subclause (1) or (3) on the ground that the answer to the question, or the production of the document or article, may tend to incriminate the person or make the person liable to a penalty.

             (9)  However:

                     (a)  the answer given or document or article produced; or

                     (b)  answering the question or producing the document or article; or

                     (c)  any information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document or article;

is not admissible in evidence against the person:

                     (d)  in any civil proceedings; or

                     (e)  in any criminal proceedings other than:

                              (i)  proceedings for an offence against this clause; or

                             (ii)  proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this clause.

Limitation—titleholders

           (10)  The following:

                     (a)  subparagraph (1)(b)(iiia);

                     (b)  subparagraph (1)(b)(v);

                     (c)  subparagraph (3)(b)(iiia);

                     (d)  subparagraph (3)(b)(v);

do not apply in relation to an inspection unless the inspection concerns a contravention or possible contravention of clause 13A or 13B.

Definition

           (11)  In this clause:

titleholder means the registered holder of:

                     (a)  a petroleum title; or

                     (b)  a greenhouse gas title.

75  Power to take possession of plant, take samples of substances etc.

Power to take possession or samples

             (1)  In conducting an inspection, an OHS inspector may, to the extent that it is reasonably necessary for the purposes of inspecting, examining, taking measurements of, or conducting tests concerning, any plant, substance or thing at a facility in connection with the inspection:

                     (a)  take possession of the plant, substance or thing and remove it from the facility; or

                     (b)  take a sample of the substance or thing and remove that sample from the facility.

Notice

             (2)  On taking possession of plant, a substance or a thing, or taking a sample of a substance or thing, the OHS inspector must, by written notice, inform:

                     (a)  the operator of the facility; and

                     (b)  if the plant, substance or thing is used for the performance of work by an employer (other than the operator) of a member or members of the workforce at the facility—that employer; and

                     (c)  if the plant, substance or thing is owned by a person other than a person mentioned in paragraph (a) or (b)—that person; and

                     (d)  if there is a health and safety representative for a designated work group that includes a member of the workforce who is affected by the matter to which the inspection relates—that representative;

of the taking of possession or the taking of the sample, and the reasons for it.

Display of notice

             (3)  If the OHS inspector gives the notice to the operator of the facility to which the inspection relates, the operator’s representative at the facility must cause the notice to be displayed in a prominent place at the workplace from which the plant, substance or thing was removed.

Duties of OHS inspector

             (4)  If the OHS inspector takes possession of plant, a substance or a thing at a workplace for the purpose of inspecting, examining, taking measurements of, or conducting tests concerning, the plant, substance or thing, the OHS inspector must:

                     (a)  ensure that the inspection, examination, measuring or testing is conducted as soon as practicable; and

                     (b)  return it to the workplace as soon as practicable afterwards.

             (5)  As soon as practicable after completing any such inspection, examination, measurement or testing, the OHS inspector must give a written statement setting out the results to each person whom the OHS inspector is required to notify under subclause (2).

76  Power to direct that workplace etc. not be disturbed

Direction

             (1)  If, in conducting an inspection, an OHS inspector has reasonable grounds to believe that it is reasonably necessary to give a direction in order to:

                     (a)  remove an immediate threat to the health or safety of any person; or

                     (b)  allow the inspection, examination or taking of measurements of, or conducting of tests concerning, a facility or any plant, substance or thing at the facility;

the OHS inspector may, by written notice given to the operator’s representative at the facility, direct that the operator must ensure that:

                     (c)  a particular workplace; or

                     (d)  particular plant, or a particular substance or thing;

not be disturbed for a period specified in the direction.

             (2)  The period specified in the direction must be a period that the OHS inspector has reasonable grounds to believe is necessary in order to remove the threat or to allow the inspection, examination, measuring or testing to take place.

Renewal of direction

             (3)  The direction may be renewed by another direction in the same terms.

Display of direction

             (4)  If an OHS inspector gives a notice to the operator’s representative under subclause (1), the operator’s representative must cause the notice to be displayed in a prominent place at the workplace:

                     (a)  that is to be left undisturbed; or

                     (b)  where the plant, substance or thing that is to be left undisturbed is located.

Notification of direction

             (5)  As soon as practicable after giving the direction, the OHS inspector must take reasonable steps to notify:

                     (a)  if the workplace, plant, substance or thing to which the direction relates is owned by a person other than the operator of the facility—that person; and

                     (b)  if there is a health and safety representative for a designated work group that includes a group member performing work:

                              (i)  at a workplace; or

                             (ii)  involving the plant, substance or thing;

                            to which the direction relates—that representative;

of the direction and the reasons for giving it.

Offence

             (6)  A person commits an offence if:

                     (a)  the person is subject to a direction under subclause (1); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the direction.

Penalty:  250 penalty units.

Reasons

             (7)  A direction under subclause (1) must be accompanied by a statement setting out the reasons for the direction.

77  Power to issue prohibition notices

Issue of prohibition notice

             (1)  If, having conducted an inspection, an OHS inspector is satisfied on reasonable grounds that it is reasonably necessary to issue a prohibition notice to the operator of a facility in order to remove an immediate threat to the health or safety of any person, the OHS inspector may issue such a notice, in writing, to the operator.

             (2)  The notice must be issued to the operator by giving it to the operator’s representative at the facility.

             (3)  The notice must:

                     (a)  specify the activity in respect of which, in the OHS inspector’s opinion, the threat to health or safety has arisen, and set out the reasons for that opinion; and

                     (b)  either:

                              (i)  direct the operator to ensure that the activity is not engaged in; or

                             (ii)  direct the operator to ensure that the activity is not engaged in a specified manner.

             (4)  A specified manner may relate to any one or more of the following:

                     (a)  any workplace, or part of a workplace, at which the activity is not to be engaged in;

                     (b)  any plant or substance that is not to be used in connection with the activity;

                     (c)  any procedure that is not to be followed in connection with the activity.

Offence

             (5)  A person commits an offence if:

                     (a)  the person is subject to a notice under subclause (1); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the notice.

Penalty:  250 penalty units.

OHS inspector to inform operator if action is not adequate

             (6)  If an OHS inspector is satisfied that action taken by the operator to remove the threat to health and safety is not adequate, the OHS inspector must inform the operator accordingly.

When notice ceases to have effect

             (7)  The notice ceases to have effect when an OHS inspector notifies the operator that the OHS inspector is satisfied that the operator has taken adequate action to remove the threat to health or safety.

Powers of OHS inspector

             (8)  In making a decision under subcla