Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - SECT 109

109. (1) For the purpose of providing practical guidance to operators, the
Minister may approve codes of practice prepared by the Authority and may amend
or revoke any code of practice so approved.

(2) Without limiting the generality of the matters that may be included in
codes of practice prepared by the Authority, the Authority must:

   (a)  in respect of each NOHSC standard or code that has been declared under
        subsection 38(1) of the National Occupational Health and Safety
        Commission Act 1985 before this section commences and that the
        Authority thinks appropriate for application to the maritime
        industry-as soon as practicable after this section commences; and

   (b)  in respect of each NOHSC standard or code that is declared under that
        subsection after this section commences and that the Authority thinks
        appropriate for application to the maritime industry-as soon as
        practicable after that standard or code is declared; incorporate that
        standard or code to the extent that it has not been incorporated in
        regulations and to the extent that it is capable of relating to
        employment in the maritime industry, in a code of practice prepared by
        the Authority for Ministerial approval under this section.

(3) A code of practice incorporating a document (other than a NOHSC standard
or code) that is prepared by a body may incorporate that document as in force
at the time the code of practice is approved or as amended by the body from
time to time.

(4) If the Minister approves or amends a code of practice (including such a
code as previously amended by the Minister), the code, as so approved or
amended, may be expressed by the Minister:

   (a)  to apply generally; or

   (b)  to apply only to occupational health and safety matters in an area
        that is, or among employees who are, specified by the Minister in the
        instrument of approval.

(5) If the Minister approves, amends or revokes a code of practice, the
Minister must:

   (a)  cause to be published in the Gazette a notice of the approval,
        amendment or revocation of the code of practice, as the case may be;
        and

   (b)  cause to be laid before each House of the Parliament, within 15
        sitting days of that House after the day on which the notice is
        published in the Gazette, a document setting out the code of practice
        as approved, including any document incorporated in the code of
        practice under subsection (3), or the amendment or revocation of the
        code of practice, as the case may be.

(6) A document setting out a code of practice or an amendment or revocation of
a code of practice is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.

(7) The Inspectorate must, at all times, ensure that there is available for
inspection at the offices of the Inspectorate an up-to-date copy of each
document that is incorporated in a code of practice under subsection (3).

(8) A person is not liable to any civil or criminal proceedings because the
person has failed to observe a provision of a code of practice approved by the
Minister.
(9) In this section, "NOHSC standard or code" means a national standard or a
code of practice declared under subsection 38(1) of the National Occupational
Health and Safety Commission Act 1985.