OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993
Table of Provisions
PART 1--PRELIMINARY
Division 1--Short title and commencement
1 Short title 2 Commencement
Division 2--Objects and definitions
3 Objects 4 Interpretation 4A Declarations that a ship is or is not a prescribed ship 4B Declarations that a vessel or structure is or is not a prescribed unit
Division 3--Miscellaneous preliminary provisions
5 Extent of Act 6 Application of Act 7 This Act not to affect the Navigation Act 2012 8 Application of Act to prescribed ships or prescribed units controlled by contractors 8A Application of Criminal Code
Division 4--Additional functions conferred on Seafarers Safety, Rehabilitation and Compensation Authority and Ministerial directions
9 Functions conferred on the Authority 10 Directions by Minister
PART 2--OCCUPATIONAL--HEALTH AND SAFETY
Division 1--General duties relating to occupational health and safety
11 Duties of operators in relation to their employees 12 Consultative processes for developing health and safety policy 13 Duties of operators in relation to contractors 14 Duties of operators in relation to third parties 15 Duties of manufacturers in relation to plant 16 Duties of manufacturers in relation to substances 17 Importers of plant and substances 18 Sections 15 , 16 and 17 not to affect the operation of the Competition and Consumer Act 2010 or certain other laws 19 Duties of suppliers in relation to plant and substances 20 Financiers not to be treated as suppliers 21 Neither section 19 nor 20 affect the operation of the Competition and Consumer Act 2010 or certain other laws 22 Duties of persons erecting or installing plant in a workplace 23 Duties of persons repairing or maintaining plant in a workplace 24 Duties of persons constructing, modifying or repairing a structure on a prescribed ship or prescribed unit 25 Duties of persons engaged in loading or unloading a prescribed ship or prescribed unit 26 Sections 22 , 23 , 24 and 25 not to affect the operation of the Competition and Consumer Act 2010 or certain other laws 27 Duties of employees in relation to occupational health and safety 28 Reliance on information supplied--plant and substances 29 Reliance on information supplied--erection or installation of plant 30 Reliance on information supplied--repair or maintenance of plant 31 Reliance on information supplied--construction, modification or repair of structure 32 Reliance on results of research
Division 2--Specific duties relating to occupational health and safety
33 Regulations relating to occupational health and safety
PART 3--WORKPLACE--ARRANGEMENTS
Division 1--Designated work groups
34 Request to establish or vary designated work groups 35 Operator to enter into consultations to establish or vary designated work groups 36 Variation of designated work groups 37 Reference of disagreement to reviewing authority 38 Operator to establish designated work groups in accordance with consultations 39 Operator to vary designated work groups in accordance with consultations 40 Consultation procedures
Division 2--Health and safety representatives
41 Selection of health and safety representatives 42 Conduct of elections of health and safety representatives 43 Candidates for election as health and safety representatives 44 Right to vote in health and safety representative election 45 Person in command to maintain list of health and safety representatives 46 Term of office 47 Training of health and safety representatives 48 Powers of health and safety representatives in respect of a workplace 49 Power of health and safety representatives to investigate complaints 50 Power of health and safety representatives to be present at certain interviews 51 Power of health and safety representatives to obtain access to information 52 Power of health and safety representatives to issue provisional improvement notices 53 Powers of health and safety representatives to be exercised for the purposes of promoting or ensuring health and safety 54 Consultant to health and safety representative 55 Access to confidential information 56 Liability of health and safety representative
Division 3--Provisional improvement notices
57 Consultations in relation to rectifying contraventions or preventing contraventions of this Act 58 Issuing of provisional improvement notice 59 Effect of provisional improvement notice 60 Employees to be notified of issuing of provisional improvement notice 61 Person in command's obligations 62 Operation of section 98 for the purposes of section 100 63 Duty of operators to consult with health and safety representatives on implementation of changes at workplace 64 Duties of operators to allow health and safety representatives access to a workplace and to consult with representatives on workplace health and safety measures 65 Duty of operators to allow health and safety representatives to be present at certain interviews 66 Duty of operators to provide health and safety representatives access to certain information 67 Duty of operators to allow health and safety representatives to take time off 68 Duty of operators to provide health and safety representatives access to certain facilities 69 Access to confidential medical information 70 Access to information in relation to which an operator claims legal professional privilege 71 Resignation etc. of health and safety representatives 72 Disqualification of health and safety representatives
Division 4--Health and safety committees
73 Health and safety committees 74 Functions of health and safety committees 75 Powers of health and safety committees 76 Liability of health and safety committee members 77 Duties of operators in relation to health and safety committees 78 Access to confidential medical information 79 Access to information in relation to which an operator claims legal professional privilege
Division 5--Emergency procedures
80 Action by health and safety representatives 81 Directions to perform other work
PART 4--ADVICE--AND INVESTIGATIONS
Division 1--The Inspectorate
82 Functions of the Inspectorate
Division 2--Advice
83 Inspectorate may refer persons seeking advice to experts
Division 3--Investigations
84 Appointment of inspectors 85 Identification cards 86 Directions by Inspectorate 87 Investigations 88 Investigation report 89 Power of entry etc. 90 Power to require assistance and information 91 Power to take possession of plant, take samples of substances etc. 92 Power to direct that workplace etc. not be disturbed 93 Power to issue prohibition notices 94 Inspector to inform person in command if action by operator is inadequate 95 When prohibition notice stops having effect 96 Person in command to distribute copies of prohibition notice 97 Inspector to give copy of prohibition notice to owner of a workplace, plant, substance or thing 98 Power to issue improvement notices 99 Distribution of copies of improvement notices 100 Appeals 101 Implementation of decision under appeal 102 Powers of reviewing authority 103 Duty of inspector in relation to a decision under section 91 to take possession of plant, a substance or a thing that is not affirmed 104 Liability of inspectors 105 Notices not to be tampered with or removed 106 Arrangements with States or Territories for services of State or Territory officers
PART 5--MISCELLANEOUS
107 Notifying and reporting accidents and dangerous occurrences 108 Records of accidents and dangerous occurrences to be kept 109 Codes of practice 110 Use of codes of practice in proceedings 111 Interference etc. with equipment etc. 112 Recrediting of recreation leave 113 Operator not to levy employees etc. 114 Annual occupational health and safety report 115 Operator not to dismiss etc. employees on certain grounds 116 Beginning prosecutions 117 Conduct of servants and agents 118 Act not to give rise to other liabilities etc. 119 Circumstances preventing compliance with Act may be defence to prosecution 120 Regulations--general 121 Regulations--power to make
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