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Queensland
Petroleum (Submerged Lands)
Amendment Bill 2004
Queensland
Petroleum (Submerged Lands)
Amendment Bill 2004
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 5 (Effect of territorial sea baseline changes
on pipeline licence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Amendment of pt 1, div 2, hdg (Administration of
the Commonwealth adjacent area) . . . . . . . . . . . . . . . . . . . . . . . 10
7 Replacement of s 9 (Commonwealth adjacent area) . . . . . . . . . . 10
9 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 10 (Minister as member of Joint Authority) . . . . 11
9 Amendment of s 11 (Minister as Designated Authority) . . . . . . . . 11
10 Amendment of 12 (Delegations under Commonwealth Act) . . . . 11
11 Amendment of s 13 (Public servants performing functions under
Commonwealth Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14A Disapplication of State occupational health and
safety laws .............................. 12
13 Amendment of s 15 (Jurisdiction of State limits) . . . . . . . . . . . . . 13
14 Amendment of s 59 ("Unit development"). . . . . . . . . . . . . . . . . . . 13
15 Amendment of s 64 (Application for pipeline licence). . . . . . . . . . 13
16 Amendment of s 65 (Grant or refusal of pipeline licence) . . . . . . 13
17 Insertion of new s 124A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
124A Interfering with offshore petroleum installation or
operations ............................... 14
18 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 3A National Offshore Petroleum Safety Authority
2
Petroleum (Submerged Lands) Amendment Bill 2004
Division 1 Preliminary
151A Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 14
151B Occupational health and safety . . . . . . . . . . . . . . . . . 15
151C Listed OHS laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
151D Regulation-making power--occupational health and
safety ................................... 15
Division 2 Functions and powers of the Safety Authority
151E Safety Authority's functions . . . . . . . . . . . . . . . . . . . . 16
151F Safety Authority's ordinary powers . . . . . . . . . . . . . . . 17
151G Judicial notice of seal . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 3 Safety Authority Board
151H Functions of the Board . . . . . . . . . . . . . . . . . . . . . . . . 18
151I Powers of the Board . . . . . . . . . . . . . . . . . . . . . . . . . . 18
151J Validity of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 4 Chief executive officer and staff of the Safety
Authority
151K CEO acts for Safety Authority. . . . . . . . . . . . . . . . . . . 19
151L Working with the Board . . . . . . . . . . . . . . . . . . . . . . . 19
151M Delegation by CEO. . . . . . . . . . . . . . . . . . . . . . . . . . . 19
151N Secondments to Safety Authority . . . . . . . . . . . . . . . . 20
Division 5 Other Safety Authority provisions
151O Minister may require the Safety Authority to prepare
reports or give information . . . . . . . . . . . . . . . . . . . . . 20
151P Directions to Safety Authority . . . . . . . . . . . . . . . . . . . 21
151Q Reviews of operations of Safety Authority . . . . . . . . . 21
151R Liability for acts and omissions. . . . . . . . . . . . . . . . . . 22
19 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Schedule 3 Occupational health and safety
Part 1 Preliminary
1 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2 Definitions for sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3 Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
4 Operator must ensure presence of operator's
representative ............................ 28
5 Health and safety of persons using an
accommodation facility . . . . . . . . . . . . . . . . . . . . . . . . 29
6 Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 2 Occupational health and safety
3
Petroleum (Submerged Lands) Amendment Bill 2004
Division 1 Duties relating to occupational health and
safety
7 Duties of operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
8 Duties of persons in control of parts of facility or
particular work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
9 Duties of employers . . . . . . . . . . . . . . . . . . . . . . . . . . 33
10 Duties of manufacturers in relation to plant and
substances .............................. 34
11 Duties of suppliers of facilities, plant and substances 35
12 Duties of persons erecting facility or installing plant. . 37
13 Duties of persons in relation to occupational health
and safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
14 Reliance on information supplied or results of research 39
Division 2 Regulations relating to occupational health
and safety
15 Regulations relating to occupational health and safety 40
Part 3 Workplace arrangements
Division 1 Designated work groups
Subdivision 1 Establishment of designated work groups
16 Establishment of designated work groups by request 42
17 Establishment of designated work groups at initiative
of operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 2 Variation of designated work groups
18 Variation of designated work groups by request. . . . . 44
19 Variation of designated work groups at initiative of
operator ................................ 45
Subdivision 3 General
20 Referral of disagreement to reviewing authority . . . . . 46
21 Manner of grouping members of the workforce . . . . . 46
Division 2 Health and safety representatives
Subdivision 1 Selection of health and safety representatives
22 Selection of health and safety representatives. . . . . . 47
23 Election of health and safety representatives. . . . . . . 47
24 List of health and safety representatives . . . . . . . . . . 48
25 Members of designated work group must be notified
of selection etc of health and safety representative . . 49
26 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
27 Training of health and safety representatives . . . . . . . 50
28 Resignation etc of health and safety representatives. 50
4
Petroleum (Submerged Lands) Amendment Bill 2004
29 Disqualification of health and safety representatives . 51
30 Deputy health and safety representatives . . . . . . . . . 52
Subdivision 2 Powers of health and safety representatives
31 Powers of health and safety representatives . . . . . . . 53
32 Assistance by consultant . . . . . . . . . . . . . . . . . . . . . . 54
33 Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
34 Obligations and liabilities of health and safety
representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
35 Provisional improvement notices . . . . . . . . . . . . . . . . 56
36 Effect of provisional improvement notice . . . . . . . . . . 58
Subdivision 3 Duties of the operator and other employers in
relation to health and safety representatives
37 Duties of the operator and other employers in
relation to health and safety representatives . . . . . . . 60
Division 3 Health and safety committees
38 Health and safety committees . . . . . . . . . . . . . . . . . . 61
39 Functions of health and safety committees . . . . . . . . 63
40 Duties of the operator and other employers in
relation to health and safety committees . . . . . . . . . . 64
Division 4 Emergency procedures
41 Action by health and safety representatives . . . . . . . . 65
42 Directions to perform other work . . . . . . . . . . . . . . . . 66
Part 4 Inspections
Division 1 Powers, functions and duties of OHS
inspectors
43 Powers, functions and duties of OHS inspectors . . . . 67
Division 2 Inspections
44 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 3 Powers of OHS inspectors in relation to the
conduct of inspections
Subdivision 1 Power of entry
45 Power of entry--general . . . . . . . . . . . . . . . . . . . . . . . 69
46 Inspector's additional entry power for facility . . . . . . . 70
47 Inspector's additional entry power for particular
regulated business premises . . . . . . . . . . . . . . . . . . . 70
Subdivision 2 Procedure for entry
48 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
49 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . 71
50 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
5
Petroleum (Submerged Lands) Amendment Bill 2004
51 Application by electronic communication and
duplicate warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
52 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . 74
53 Warrants--procedure before entry . . . . . . . . . . . . . . . 74
54 Entry of facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
55 Entry of particular regulated business premises . . . . 76
Subdivision 3 Powers after entering a place
56 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 76
57 General powers--facility. . . . . . . . . . . . . . . . . . . . . . . 76
58 General powers--other places . . . . . . . . . . . . . . . . . . 77
59 Obstructing or hindering OHS inspector. . . . . . . . . . . 77
Subdivision 4 Other powers
60 Definition for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
61 Power to require assistance and information . . . . . . . 78
62 Power to require the answering of questions and the
production of documents or articles . . . . . . . . . . . . . . 78
63 Privilege against self-incrimination . . . . . . . . . . . . . . . 80
64 Power to take possession of plant, take samples of
substances etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
65 Power to direct that workplace etc not be disturbed . . 81
66 Power to issue prohibition notices . . . . . . . . . . . . . . . 83
67 Compliance with prohibition notice . . . . . . . . . . . . . . . 84
68 Power to issue improvement notices . . . . . . . . . . . . . 84
69 Compliance with improvement notice. . . . . . . . . . . . . 86
70 Notices not to be tampered with or removed . . . . . . . 86
Division 4 Reports on inspections
71 Reports on inspections. . . . . . . . . . . . . . . . . . . . . . . . 87
Division 5 Appeals
72 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
73 Powers of reviewing authority on appeal . . . . . . . . . . 91
Part 5 General
74 Notifying and reporting accidents and dangerous
occurrences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
75 Records of accidents and dangerous occurrences to
be kept .............................. 92
76 Codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
77 Use of codes of practice in proceedings . . . . . . . . . . 92
78 Interference with equipment etc . . . . . . . . . . . . . . . . . 93
6
Petroleum (Submerged Lands) Amendment Bill 2004
79 Members of workforce not to be levied. . . . . . . . . . . . 93
80 Victimisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
81 Institution of prosecutions. . . . . . . . . . . . . . . . . . . . . . 95
82 Role of Commonwealth DPP . . . . . . . . . . . . . . . . . . . 96
83 Conduct of directors, employees and agents . . . . . . . 96
84 Act not to give rise to other liabilities etc . . . . . . . . . . 97
85 Circumstances preventing compliance may be
defence to prosecution . . . . . . . . . . . . . . . . . . . . . . . . 97
86 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
87 Regulation making power--sch 3 generally . . . . . . . . 97
Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Schedule
2004
A Bill
for
An Act to amend the Petroleum (Submerged Lands) Act 1982
s1 8 s4
Petroleum (Submerged Lands) Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Petroleum (Submerged Lands) 3
Amendment Act 2004. 4
Clause 2 Commencement 5
This Act commences on 1 January 2005. 6
Clause 3 Act amended 7
This Act amends the Petroleum (Submerged Lands) Act 1982. 8
Clause 4 Amendment of s 4 (Definitions) 9
(1) Section 4(1), definition the Commonwealth Act-- 10
omit. 11
(2) Section 4(1)-- 12
insert-- 13
`Board, for part 3A, see section 151A. 14
CEO, for part 3A, see section 151A. 15
Commonwealth Act-- 16
(a) for part 1, division 2, see section 9; and 17
(b) otherwise, means the Petroleum (Submerged Lands) Act 18
1967 (Cwlth). 19
Commonwealth adjacent area, for Queensland, means-- 20
(a) if the Petroleum (Submerged Lands) Act 1967 (Cwlth) is 21
in force--the adjacent area in respect of Queensland 22
under section 5A of that Act, including the Coral Sea 23
area within the meaning of that section; or 24
(b) if the Act mentioned in paragraph (a) has been repealed 25
and re-enacted (with or without modification)--the area 26
s4 9 s4
Petroleum (Submerged Lands) Amendment Bill 2004
that, under the re-enacted Act of the Commonwealth, 1
corresponds to the adjacent area in respect of 2
Queensland under section 5A of the repealed Act, 3
including the Coral Sea area within the meaning of that 4
section. 5
Commonwealth adjacent area, for a State, other than 6
Queensland, or for the Northern Territory, means-- 7
(a) if the Petroleum (Submerged Lands) Act 1967 (Cwlth) is 8
in force--the adjacent area in respect of the State or 9
Territory for the purposes of that Act; or 10
(b) if the Act mentioned in paragraph (a) has been repealed 11
and re-enacted (with or without modification)--the area 12
that, under the re-enacted Act of the Commonwealth, 13
corresponds to the adjacent area in respect of the State 14
or Territory for the purposes of the repealed Act. 15
Commonwealth Minister means the Minister of the 16
Commonwealth for the time being administering the 17
Commonwealth Act. 18
facility, for part 3A, see section 151A. 19
interstate Minister, for part 3A, see section 151A. 20
listed OHS laws see section 151C. 21
offshore petroleum operations means operations, including 22
diving operations, that-- 23
(a) relate to-- 24
(i) the exploration for petroleum; or 25
(ii) the recovery, processing, storage, offloading or 26
piped conveyance of petroleum; and 27
(b) if the operations are diving operations--take place in the 28
adjacent area; and 29
(c) if the operations are not diving operations--take place at 30
a facility. 31
OHS inspector means a person appointed as an OHS 32
inspector under the Commonwealth Act. 33
operation means an activity to which part 3 applies. 34
s5 10 s7
Petroleum (Submerged Lands) Amendment Bill 2004
Safety Authority means the National Offshore Petroleum 1
Safety Authority established by the Commonwealth Act.'. 2
5 Amendment of s 5 (Effect of territorial sea baseline 3
changes on pipeline licence)
Clause 4
(1) Section 5(1)(c)(ii)-- 5
omit, insert-- 6
`(ii) falls within the Commonwealth adjacent area for a 7
State or the Northern Territory.'. 8
(2) Section 5(2), `area.2'-- 9
omit, insert-- 10
`area.1'. 11
6 Amendment of pt 1, div 2, hdg (Administration of 12
the Commonwealth adjacent area)
Clause 13
Part 1, division 2, heading, after `area'-- 14
insert-- 15
`for Queensland'. 16
Clause 7 Replacement of s 9 (Commonwealth adjacent area) 17
Section 9-- 18
omit, insert-- 19
`9 Definition for div 2 20
`In this division-- 21
Commonwealth Act means, as the context requires-- 22
(a) the Petroleum (Submerged Lands) Act 1967 (Cwlth); or 23
(b) the Petroleum (Submerged Lands) Fees Act 1994 24
(Cwlth); or 25
1 Under the provisions of the Commonwealth Act, that Act does not apply to the area
after the change or reassessment.
s8 11 s 11
Petroleum (Submerged Lands) Amendment Bill 2004
(c) the Petroleum (Submerged Lands) (Registration Fees) 1
Act 1967 (Cwlth).'. 2
8 Amendment of s 10 (Minister as member of Joint 3
Authority)
Clause 4
Section 10, `the Commonwealth Act'-- 5
omit, insert-- 6
`a Commonwealth Act'. 7
Clause 9 Amendment of s 11 (Minister as Designated Authority) 8
(1) Section 11, `the Commonwealth Act'-- 9
omit, insert-- 10
`a Commonwealth Act'. 11
(2) Section 11, after `adjacent area'-- 12
insert-- 13
`for Queensland'. 14
10 Amendment of 12 (Delegations under Commonwealth 15
Act)
Clause 16
(1) Section 12, `the Commonwealth Act'-- 17
omit, insert-- 18
`a Commonwealth Act'. 19
(2) Section 12, after `adjacent area'-- 20
insert-- 21
`for Queensland'. 22
11 Amendment of s 13 (Public servants performing 23
functions under Commonwealth Act)
Clause 24
(1) Section 13, after `adjacent area'-- 25
insert-- 26
`for Queensland'. 27
s 12 12 s 12
Petroleum (Submerged Lands) Amendment Bill 2004
(2) Section 13, `the Commonwealth Act'-- 1
omit, insert-- 2
`a Commonwealth Act'. 3
Clause 12 Insertion of new s 14A 4
After section 14-- 5
insert-- 6
`14A Disapplication of State occupational health and 7
safety laws 8
`(1) The prescribed occupational health and safety laws do not 9
apply in relation to any of the following-- 10
(a) a facility; 11
(b) a person at a facility; 12
(c) a person near a facility, to the extent the person is 13
affected by-- 14
(i) a facility; or 15
(ii) activities taking place at a facility; 16
(d) activities taking place at a facility. 17
`(2) For subsection (1), a reference to the prescribed occupational 18
health and safety laws is a reference to the provisions of those 19
laws that, if subsection (1) did not apply, would apply in the 20
adjacent area because of section 14. 21
`(3) In this section-- 22
facility see schedule 3, section 2. 23
prescribed occupational health and safety laws means any of 24
the following to the extent they relate to occupational health 25
and safety-- 26
(a) the Dangerous Goods Safety Management Act 2001; 27
(b) the Electrical Safety Act 2002; 28
(c) the Explosives Act 1999; 29
(d) the Petroleum Act 1923; 30
(e) the Workplace Health and Safety Act 1995; 31
s 13 13 s 16
Petroleum (Submerged Lands) Amendment Bill 2004
(f) another law of the State that-- 1
(i) relates to occupational health and safety, whether 2
or not it also relates to other matters; and 3
(ii) is prescribed for the purpose of this paragraph. 4
`(4) Unless it is repealed sooner, a regulation made for the purpose 5
of subsection (3)(f) expires 1 year after it commences. 6
`(5) If a regulation is made for the purpose of subsection (3)(f), a 7
later regulation having the same effect may not be made. 8
`(6) This section applies despite section 14(1) and (2).'. 9
Clause 13 Amendment of s 15 (Jurisdiction of State limits) 10
Section 15, heading, `limits'-- 11
omit, insert-- 12
`courts'. 13
Clause 14 Amendment of s 59 ("Unit development") 14
Section 59(11)(b), from `into the adjacent' to `that Act'-- 15
omit, insert-- 16
`into the Commonwealth adjacent area for a State, other than 17
Queensland, or for the Northern Territory'. 18
Clause 15 Amendment of s 64 (Application for pipeline licence) 19
Section 64(2)(b), after `in a licence area'-- 20
insert-- 21
`of a production licence'. 22
Clause 16 Amendment of s 65 (Grant or refusal of pipeline licence) 23
Section 65(5), `licence area under'-- 24
omit, insert-- 25
`licence area of a production licence under'. 26
s 17 14 s 18
Petroleum (Submerged Lands) Amendment Bill 2004
Clause 17 Insertion of new s 124A 1
After section 124-- 2
insert-- 3
`124A Interfering with offshore petroleum installation or 4
operations 5
`(1) A person must not wilfully-- 6
(a) cause damage to, or interfere with, a structure or vessel 7
in the adjacent area that is, or is to be, used in exploring 8
for, recovering, processing, storing, preparing for 9
transport, or transporting, petroleum; or 10
(b) interfere with operations or activities being carried out, 11
or works being executed, on, or by means of, or in 12
connection with, a structure or vessel mentioned in 13
paragraph (a). 14
Maximum penalty--660 penalty units or 10 years 15
imprisonment. 16
`(2) In this section-- 17
structure means a fixed, moveable or floating structure or 18
installation and includes, for example, a pipeline, pumping 19
station, tank station or valve station.'. 20
Clause 18 Insertion of new pt 3A 21
After part 3-- 22
insert-- 23
`Part 3A National Offshore Petroleum 24
Safety Authority 25
`Division 1 Preliminary 26
`151A Definitions for pt 3A 27
`In this part-- 28
Board means the National Offshore Petroleum Safety 29
Authority Board under the Commonwealth Act. 30
s 18 15 s 18
Petroleum (Submerged Lands) Amendment Bill 2004
CEO means the chief executive officer of the Safety 1
Authority. 2
facility see schedule 3. 3
interstate Minister means the Minister of a State, other than 4
Queensland, or the Northern Territory who is authorised for 5
the time being under the law of the State or Territory to 6
perform the functions of a Designated Authority under the 7
Commonwealth Act. 8
`151B Occupational health and safety 9
`Schedule 3 has effect. 10
`151C Listed OHS laws 11
`The following provisions are the listed OHS laws-- 12
(a) section 124A, to the extent it relates to-- 13
(i) damage to, or interference with, a facility; or 14
(ii) interference with operations or activities being 15
carried out, or works being executed, on, by means 16
of, or in connection with, a facility; 17
(b) schedule 3; 18
(c) a regulation made for schedule 3; 19
(d) a regulation made for section 151D; 20
(e) another regulation relating to occupational health and 21
safety matters prescribed for this paragraph. 22
`151D Regulation-making power--occupational health and 23
safety 24
`(1) Regulations may make provision in relation to the 25
occupational health and safety of persons at or near a facility 26
who are under the control of a person who is carrying on an 27
operation. 28
`(2) Without limiting subsection (1), a regulation may-- 29
s 18 16 s 18
Petroleum (Submerged Lands) Amendment Bill 2004
(a) require a person who is carrying on an operation to 1
establish and maintain a system of management to 2
secure the occupational health and safety of persons 3
mentioned in the subsection; and 4
(b) provide for the requirements with which the system 5
must comply. 6
`Division 2 Functions and powers of the Safety 7
Authority 8
`151E Safety Authority's functions 9
`The Safety Authority has the following functions-- 10
(a) the functions conferred on it by or under this Act in 11
relation to offshore petroleum operations; 12
(b) to promote the occupational health and safety of persons 13
engaged in offshore petroleum operations; 14
(c) to develop and implement effective monitoring and 15
enforcement strategies to secure compliance by persons 16
with their occupational health and safety obligations 17
under this Act; 18
(d) to investigate accidents, occurrences and circumstances 19
that affect, or have the potential to affect, the 20
occupational health and safety of persons engaged in 21
offshore petroleum operations; and 22
(e) to report, as appropriate, to the Minister and the 23
Commonwealth Minister on the investigations 24
mentioned in paragraph (d); 25
(f) to advise persons, either on its own initiative or on 26
request, on occupational health and safety matters 27
relating to offshore petroleum operations; 28
(g) to make reports, including recommendations, to the 29
Minister and the Commonwealth Minister on issues 30
relating to the occupational health and safety of persons 31
engaged in offshore petroleum operations; 32
(h) to cooperate with-- 33
s 18 17 s 18
Petroleum (Submerged Lands) Amendment Bill 2004
(i) the Minister and State agencies having functions 1
relating to offshore petroleum operations; and 2
(ii) Commonwealth agencies having functions relating 3
to offshore petroleum operations. 4
`151F Safety Authority's ordinary powers 5
`(1) The Safety Authority has power to do all things necessary or 6
convenient to be done in performing its functions. 7
`(2) The Safety Authority's powers include, but are not limited to, 8
the following powers-- 9
(a) the power to acquire, hold and dispose of real and 10
personal property; 11
(b) the power to enter into contracts; 12
(c) the power to lease the whole or part of any land or 13
building for the purposes of the Safety Authority; 14
(d) the power to occupy, use and control any land or 15
building owned or held under lease by the 16
Commonwealth and made available for the purposes of 17
the Safety Authority; 18
(e) the power to conduct research and development projects 19
and to cooperate with others in those projects; 20
(f) the power to apply for and hold patents and exploit 21
patents; 22
(g) the power to do anything incidental to any of its 23
functions. 24
`151G Judicial notice of seal 25
`All courts, judges and persons acting judicially must-- 26
(a) take judicial notice of the imprint of the seal of the 27
Safety Authority appearing on a document; and 28
(b) presume that the document was duly sealed. 29
s 18 18 s 18
Petroleum (Submerged Lands) Amendment Bill 2004
`Division 3 Safety Authority Board 1
`151H Functions of the Board 2
`(1) The Board has the following functions-- 3
(a) to give advice, and make recommendations, to the CEO 4
about the operational policies and strategies to be 5
followed by the Safety Authority in the performance of 6
its functions; 7
(b) to give advice, and make recommendations, to each of 8
the following about 1 or more prescribed matters-- 9
(i) the Minister; 10
(ii) the Commonwealth Minister; 11
(iii) interstate Ministers; 12
(iv) the body known as the Ministerial Council on 13
Mineral and Petroleum Resources; 14
(c) the other functions, if any, stated in a written notice 15
given by the Commonwealth Minister to the Chair of the 16
Board. 17
`(2) As soon as practicable after the Board gives advice, or makes 18
recommendations, under subsection (1)(b) to a Minister or 19
body mentioned in subsection (1)(b)(i), (iii) or (iv), the Board 20
must give the Commonwealth Minister a written copy of the 21
advice or recommendations. 22
`(3) In this section-- 23
prescribed matters means the following matters-- 24
(a) policy or strategic matters relating to the occupational 25
health and safety of persons engaged in offshore 26
petroleum operations; 27
(b) the performance by the Safety Authority of its functions. 28
`151I Powers of the Board 29
`The Board has power to do all things necessary or convenient 30
to be done in performing its functions. 31
s 18 19 s 18
Petroleum (Submerged Lands) Amendment Bill 2004
`151J Validity of decisions 1
`The performance of the functions, or the exercise of the 2
powers, of the Board is not affected only because of there 3
being a vacancy or vacancies in the membership of the Board. 4
`Division 4 Chief executive officer and staff of 5
the Safety Authority 6
`151K CEO acts for Safety Authority 7
`Anything done by the CEO in the name of the Safety 8
Authority or on the Safety Authority's behalf is taken to have 9
been done by the Safety Authority. 10
`151L Working with the Board 11
`(1) The CEO must request the Board's advice on strategic matters 12
relating to the performance of the Safety Authority's 13
functions. 14
`(2) The CEO must have regard to the advice given to him or her 15
by the Board, whether or not the advice was given in response 16
to a request. 17
`(3) The CEO must-- 18
(a) keep the Board informed of the Safety Authority's 19
operations; and 20
(b) give the Board such reports, documents and information 21
in relation to those operations as the Chair of the Board 22
requires. 23
`151M Delegation by CEO 24
`(1) A public service employee may perform any function and 25
exercise any power delegated to the employee by the CEO 26
under the Commonwealth Act. 27
`(2) In performing a function or exercising a power under the 28
delegation, the delegate must comply with the directions of 29
the CEO. 30
s 18 20 s 18
Petroleum (Submerged Lands) Amendment Bill 2004
`151N Secondments to Safety Authority 1
`A public service employee may assist the Safety Authority in 2
performing its functions or exercising its powers under this 3
Act, the Commonwealth Act, or a corresponding law. 4
`Division 5 Other Safety Authority provisions 5
`151O Minister may require the Safety Authority to prepare 6
reports or give information 7
`(1) The Minister may, by written notice given to the Safety 8
Authority, require the Safety Authority to-- 9
(a) prepare a report about 1 or more stated matters relating 10
to the performance of the Safety Authority's functions 11
or the exercise of the Safety Authority's powers; and 12
(b) give a copy of the report to each of the following 13
persons within the period stated in the notice-- 14
(i) the Minister; 15
(ii) each interstate Minister; 16
(iii) the Commonwealth Minister. 17
`(2) The Minister may, by written notice given to the Safety 18
Authority, require the Safety Authority to-- 19
(a) prepare a document setting out stated information 20
relating to the performance of the Safety Authority's 21
functions or the exercise of the Safety Authority's 22
powers; and 23
(b) give a copy of the document to each of the following 24
persons within the period stated in the notice-- 25
(i) the Minister; 26
(ii) each interstate Minister; 27
(iii) the Commonwealth Minister. 28
`(3) The Safety Authority must comply with a requirement under 29
subsection (1) or (2). 30
s 18 21 s 18
Petroleum (Submerged Lands) Amendment Bill 2004
`151P Directions to Safety Authority 1
`(1) The Minister may request the Commonwealth Minister to 2
give a direction, under section 150YX of the Commonwealth 3
Act, to the Safety Authority that relates wholly or principally 4
to the Safety Authority's operations in the adjacent area. 5
`(2) The Commonwealth Minister must use his or her best 6
endeavours to make a decision on the request within 30 days 7
after receiving the request. 8
`(3) If the Commonwealth Minister refuses the request, the 9
Commonwealth Minister must give the Minister a written 10
statement setting out the reasons for the refusal. 11
`(4) The Safety Authority must comply with a direction given by 12
the Commonwealth Minister at the Minister's request under 13
this section. 14
`151Q Reviews of operations of Safety Authority 15
`(1) The Minister must cause reviews to be conducted of the 16
operations of the Safety Authority in relation to the adjacent 17
area. 18
`(2) The Minister must cause to be prepared a report of a review 19
under subsection (1). 20
`(3) The first review is to relate to the 3 year period beginning on 21
1 January 2005, and is to be completed within 6 months, or a 22
longer period allowed by the Minister, after the end of the 23
3 year period. 24
`(4) Subsequent reviews are to relate to successive 3 year periods, 25
and must be completed within 6 months, or a longer period 26
allowed by the Minister, after the end of the 3 year period to 27
which the review relates. 28
`(5) A review under this section may be conducted in conjunction 29
with a review under the Commonwealth Act or a 30
corresponding law, or both. 31
`(6) Without limiting the matters to be covered by a review under 32
subsection (1), the review must include an assessment of the 33
effectiveness of the Safety Authority in bringing about 34
improvements in the occupational health and safety of persons 35
engaged in offshore petroleum operations. 36
s 19 22 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(7) The Minister must cause a copy of the report of a review 1
under subsection (1) to be tabled in the Legislative Assembly 2
within 15 sitting days after the report of the review is 3
completed. 4
`(8) For this section, a review is completed when the report of the 5
review is made available to the Minister. 6
`151R Liability for acts and omissions 7
`(1) This section applies to the following persons-- 8
(a) the Safety Authority; 9
(b) the CEO; 10
(c) an OHS inspector; 11
(d) a person acting under the direction or authority of the 12
Safety Authority or the CEO. 13
`(2) A person to whom this section applies is not personally liable 14
for anything done or omitted to be done in good faith-- 15
(a) in the performance of a function under a listed OHS 16
law; or 17
(b) in the reasonable belief that the act or omission was in 18
the performance of a function under a listed OHS law.'. 19
Clause 19 Insertion of new sch 3 20
After schedule 2-- 21
insert-- 22
s 19 23 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`Schedule 3 Occupational health and safety 1
section 151B 2
`Part 1 Preliminary 3
`1 Objects 4
`The objects of this schedule are, in relation to facilities in the 5
adjacent area-- 6
(a) to secure the occupational health and safety and welfare 7
of persons at or near those facilities; and 8
(b) to protect persons at or near those facilities from risks to 9
occupational health and safety arising out of the 10
activities being conducted at those facilities; and 11
(c) to ensure expert advice is available on occupational 12
health and safety matters in relation to those facilities; 13
and 14
(d) to promote an occupational environment for members of 15
the workforce at those facilities that is adapted to their 16
needs relating to health and safety; and 17
(e) to foster a consultative relationship between all relevant 18
persons concerning the health, safety and welfare of 19
members of the workforce at those facilities. 20
`2 Definitions for sch 3 21
`In this schedule-- 22
accident includes the contraction of a disease. 23
associated offshore place, in relation to a facility, means an 24
offshore place near the facility where activities, including 25
diving activities, relating to the construction, installation, 26
operation, maintenance or decommissioning of the facility 27
take place, but does not include any of the following-- 28
(a) another facility; 29
s 19 24 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) a supply vessel, offtake tanker, anchor handler or 1
tugboat; 2
(c) a vessel or structure that is declared by the regulations 3
not to be an associated offshore place. 4
contract includes an arrangement or understanding. 5
contractor has the meaning given by section 6. 6
dangerous occurrence means an occurrence declared by the 7
regulations to be a dangerous occurrence for the purposes of 8
this definition. 9
designated work group means-- 10
(a) a group of members of the workforce at a facility that is 11
established as a designated work group under section 16 12
or 17; or 13
(b) that group as varied under section 18 or 19. 14
employee, in relation to an employer, means an employee of 15
that employer. 16
employer means an employer who carries on an activity at a 17
facility. 18
facility means a facility within the meaning of section 3, 19
and-- 20
(a) includes a facility being constructed or installed; and 21
(b) except for the definition associated offshore place, 22
includes an associated offshore place in relation to a 23
facility. 24
group member, in relation to a designated work group at a 25
facility, means a person who is-- 26
(a) a member of the workforce at the facility; and 27
(b) included in the designated work group. 28
improvement notice means an improvement notice issued 29
under section 68(1). 30
inspection means an inspection conducted under part 4 and 31
includes an investigation or inquiry. 32
member of the workforce, in relation to a facility, means an 33
individual who does work at the facility, whether-- 34
s 19 25 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) as an employee of the operator of the facility or another 1
person; or 2
(b) as a contractor of the operator or of another person. 3
operator, in relation to a facility or proposed facility, means 4
the person who, under the regulations, is taken to be the 5
operator of the facility or proposed facility. 6
operator's representative at a facility means a person present 7
at the facility in compliance with the obligations imposed on 8
the operator under section 4. 9
own includes own jointly or own in part. 10
plant includes machinery or equipment, or a tool, or a 11
component. 12
premises includes each of the following-- 13
(a) a structure or building; 14
(b) a place, whether or not enclosed or built on; 15
(c) a part of a thing mentioned in paragraph (a) or (b). 16
prescribed person, for part 4, division 3, subdivision 4, see 17
section 60. 18
prohibition notice means a prohibition notice issued under 19
section 66(1). 20
proposed facility means a facility proposed to be constructed, 21
installed or operated. 22
recovery, in relation to petroleum, includes all processes 23
directly or indirectly associated with its recovery. 24
registered organisation means an organisation within the 25
meaning of the Workplace Relations Act 1996 (Cwlth). 26
regulated business premises means-- 27
(a) a facility; or 28
(b) premises that are-- 29
(i) occupied by a person who is the operator of a 30
facility; or 31
(ii) used, or proposed to be used, wholly or principally 32
in connection with offshore petroleum operations. 33
s 19 26 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
regulations means regulations made for the purposes of this 1
schedule. 2
reviewing authority means the Australian Industrial Relations 3
Commission. 4
work means work offshore that is directly or indirectly related 5
to the construction, installation, operation, maintenance or 6
decommissioning of a facility. 7
workforce representative means-- 8
(a) in relation to a person who is a member of the workforce 9
at a facility--a registered organisation of which the 10
person is a member, if the person is qualified to be a 11
member of that organisation because of the work the 12
person performs at the facility; or 13
(b) in relation to a designated work group or a proposed 14
designated work group--a registered organisation of 15
which a person who is, or is likely to be, in the work 16
group is a member, if the person is qualified to be a 17
member of that organisation because of the work the 18
person performs, or will perform, at the facility. 19
work group employer, in relation to a designated work group 20
at a facility, means an employer of 1 or more group members, 21
but does not include the operator of the facility. 22
workplace, in relation to a facility, means the whole facility or 23
a part of the facility. 24
`3 Facilities 25
`(1) A vessel or structure is taken to be a facility for the purposes 26
of this schedule while that vessel or structure-- 27
(a) is located at a site in the adjacent area; and 28
(b) is being used, or prepared for use, at the site for any of 29
the following purposes-- 30
(i) the recovery of petroleum, the processing of 31
petroleum, or the storage and offloading of 32
petroleum, or any combination of those activities; 33
s 19 27 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(ii) the provision of accommodation for persons 1
working on another facility, whether connected by 2
a walkway to the other facility or not; 3
(iii) drilling or servicing a well for petroleum or doing 4
work associated with the drilling or servicing 5
process; 6
(iv) laying pipes for petroleum, including any 7
manufacturing of the pipes, or doing work on an 8
existing pipe; 9
(v) the erection, dismantling or decommissioning of a 10
vessel or structure mentioned in any of 11
subparagraphs (i) to (iv); 12
(vi) another purpose related to offshore petroleum 13
operations that is prescribed for the purpose of this 14
subparagraph. 15
`(2) Subsection (1) applies to a vessel or structure-- 16
(a) whether it is floating or fixed; and 17
(b) whether or not it is capable of independent navigation. 18
`(3) Subsection (1) has effect subject to subsections (6) and (7). 19
`(4) A vessel or structure used for a purpose mentioned in 20
subsection (1)(b)(i) includes-- 21
(a) any wells and associated plant and equipment by means 22
of which petroleum processed or stored at the vessel or 23
structure is recovered; and 24
(b) any pipe or system of pipes through which petroleum is 25
conveyed from a well to the vessel or structure; and 26
(c) any secondary line associated with the vessel or 27
structure. 28
`(5) For subsection (1), a vessel or structure that is located 29
offshore for the purpose of laying pipes as described in 30
subsection (1)(b)(iv) is taken to be located at a site, despite the 31
fact that the vessel or structure moves as the pipe laying 32
process proceeds. 33
`(6) Despite subsection (1), a vessel or structure is taken not to be 34
a facility for the purposes of this schedule if the vessel or 35
structure is any of the following-- 36
s 19 28 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) an offtake tanker; 1
(b) a tug or an anchor handler; 2
(c) a vessel or structure used for supplying a facility or 3
otherwise travelling between a facility and the shore; 4
(d) a vessel or structure used for any purpose such that it is 5
declared by the regulations not to be a facility. 6
`(7) In deciding when a vessel or structure that has the potential to 7
be used for 1 or more of the purposes mentioned in subsection 8
(1)(b) is in fact being so used, the vessel or structure is 9
taken-- 10
(a) to commence to be so used only at the time when it 11
arrives at the site where it is to be so used and any 12
activities necessary to make it operational at that site are 13
begun; and 14
(b) to cease to be so used when operations cease, and the 15
vessel or structure has been returned either to a 16
navigable form or to a form in which it can be towed to 17
another place. 18
`(8) Each of the following is taken to be a facility for the purposes 19
of this schedule-- 20
(a) a pipeline subject to a pipeline licence; 21
(b) if a pipeline subject to a pipeline licence conveys 22
petroleum recovered from a well without the petroleum 23
having passed through another facility--the pipeline, 24
together with-- 25
(i) the well and associated plant and equipment; and 26
(ii) a pipe or system of pipes through which petroleum 27
is conveyed from that well to that pipeline. 28
`(9) In subsection (8)(b)-- 29
facility does not include a pipeline. 30
`4 Operator must ensure presence of operator's 31
representative 32
`(1) The operator of a facility must ensure that, at all times when 1 33
or more individuals are present at a facility, there is also 34
s 19 29 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
present an individual (the operator's representative at the 1
facility) who has day-to-day management and control of 2
operations at the facility. 3
Maximum penalty--75 penalty units. 4
`(2) The operator of a facility must ensure that the name of the 5
operator's representative at the facility is displayed in a 6
prominent place at the facility. 7
Maximum penalty--75 penalty units. 8
`(3) Subsection (1) does not imply that, if the operator is an 9
individual, the operator's representative at the facility may not 10
be, from time to time, the operator. 11
`5 Health and safety of persons using an 12
accommodation facility 13
`To remove doubt, it is declared that a reference in this 14
schedule to the occupational health and safety of a person 15
includes a reference to the health and safety of a person using 16
an accommodation facility provided for the accommodation 17
of persons working on another facility. 18
`6 Contractor 19
`For this schedule, an individual is taken to be a contractor of 20
another person (the relevant person) if the individual does 21
work at a facility under a contract for services between-- 22
(a) the relevant person; and 23
(b) either-- 24
(i) the individual; or 25
(ii) the employer of the individual. 26
s 19 30 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`Part 2 Occupational health and safety 1
`Division 1 Duties relating to occupational 2
health and safety 3
`7 Duties of operator 4
`(1) The operator of a facility must take all reasonably practicable 5
steps to ensure-- 6
(a) the facility is safe and without risk to the health of any 7
person at or near the facility; and 8
(b) all work and other activities carried out on the facility 9
are carried out in a manner that is safe and without risk 10
to the health of any person at or near the facility. 11
Maximum penalty--1 470 penalty units. 12
`(2) Without limiting subsection (1), the operator of a facility must 13
do each of the following-- 14
(a) provide and maintain a physical environment at the 15
facility that is safe and without risk to health; 16
(b) provide and maintain adequate facilities for the welfare 17
of all members of the workforce at the facility; 18
(c) ensure any plant, equipment, materials and substances at 19
the facility are safe and without risk to health; 20
(d) implement and maintain systems of work at the facility 21
that are safe and without risk to health; 22
(e) implement and maintain appropriate procedures and 23
equipment for the control of, and response to, 24
emergencies at the facility; 25
(f) provide all members of the workforce, in appropriate 26
languages, with the information, instruction, training 27
and supervision necessary for them to carry out their 28
activities in a manner that does not adversely affect the 29
occupational health and safety of persons at the facility; 30
s 19 31 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(g) monitor the occupational health and safety of all 1
members of the workforce and keep records of that 2
monitoring; 3
(h) provide appropriate medical and first aid services at the 4
facility; 5
(i) develop, in consultation with members of the workforce 6
and workforce representatives, a policy relating to 7
occupational health and safety that-- 8
(i) will enable the operator and the members of the 9
workforce to co-operate effectively in promoting 10
and developing measures to ensure the 11
occupational health and safety of persons at the 12
facility; and 13
(ii) will provide adequate mechanisms for reviewing 14
the effectiveness of the measures; and 15
(iii) provides for the making of an agreement that 16
complies with subsections (4) and (5). 17
Maximum penalty--1 470 penalty units. 18
`(3) Subsection (2)(i) does not require the operator of a facility to 19
engage in consultations with a workforce representative 20
unless a member of the workforce at the facility has requested 21
the workforce representative to be involved in those 22
consultations. 23
`(4) The agreement mentioned in subsection (2)(i)(iii) must be 24
between-- 25
(a) on the 1 hand--the operator; and 26
(b) on the other hand-- 27
(i) the members of the workforce; and 28
(ii) if a member of the workforce at the facility has 29
requested a workforce representative in relation to 30
the member to be a party to that agreement--the 31
workforce representative. 32
`(5) The agreement mentioned in subsection (2)(i)(iii) must 33
provide appropriate mechanisms for continuing consultation 34
between-- 35
(a) on the 1 hand--the operator; and 36
s 19 32 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) on the other hand-- 1
(i) the members of the workforce; and 2
(ii) if a member of the workforce at the facility has 3
requested a workforce representative in relation to 4
the member to be involved in consultations on a 5
particular occasion--the workforce representative. 6
`(6) The agreement may provide for other matters agreed between 7
the parties to it. 8
`8 Duties of persons in control of parts of facility or 9
particular work 10
`(1) A person who is in control of any part of a facility, or of any 11
particular work carried out at a facility, must take all 12
reasonably practicable steps to ensure-- 13
(a) that part of the facility, or the place where that work is 14
carried out, is safe and without risk to health; and 15
(b) if the person is in control of particular work--the work 16
is carried out in a manner that is safe and without risk to 17
health. 18
Maximum penalty--1 470 penalty units. 19
`(2) Without limiting subsection (1), a person who is in control of 20
any part of a facility, or of any particular work carried out at a 21
facility, must do each of the following-- 22
(a) ensure the physical environment at that part of the 23
facility, or at the place where the work is carried out, is 24
safe and without risk to health; 25
(b) ensure any plant, equipment, materials and substances at 26
or near that part of the facility or that place, or used in 27
that work, are safe and without risk to health; 28
(c) implement and maintain systems of work at that part of 29
the facility, or in carrying out work at that place, that are 30
safe and without risk to health; 31
(d) ensure a means of access to, and egress from, that part 32
of the facility or that place that is safe and without risk 33
to health; 34
s 19 33 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(e) provide all members of the workforce located at that 1
part of the facility or engaged on that work, in 2
appropriate languages, with the information, instruction, 3
training and supervision necessary for them to carry out 4
their work in a manner that is safe and without risk to 5
health. 6
Maximum penalty--1 470 penalty units. 7
`9 Duties of employers 8
`(1) An employer must take all reasonably practicable steps to 9
protect the health and safety of employees at a facility. 10
Maximum penalty--1 470 penalty units. 11
`(2) Without limiting subsection (1), an employer must do each of 12
the following-- 13
(a) provide and maintain a working environment that is safe 14
for employees and without risk to their health; 15
(b) ensure any plant, equipment, materials and substances 16
used in connection with the employees' work are safe 17
and without risk to health; 18
(c) implement and maintain systems of work that are safe 19
and without risk to health; 20
(d) provide a means of access to, and egress from, the 21
employees' work location that is safe and without risk to 22
health; 23
(e) provide the employees, in appropriate languages, with 24
the information, instruction, training and supervision 25
necessary for them to carry out their work in a manner 26
that is safe and without risk to health. 27
Maximum penalty--1 470 penalty units. 28
`(3) A person (the principal) has, in relation to a contractor of the 29
principal, the same obligations that an employer has under 30
subsections (1) and (2) in relation to an employee of the 31
employer, but only in relation to-- 32
(a) matters over which the principal has control; or 33
(b) matters over which-- 34
s 19 34 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(i) the principal would have had control apart from 1
express provision to the contrary in a contract; and 2
(ii) the principal would, in the circumstances, usually 3
be expected to have had control. 4
`(4) An employer must take all reasonable steps to-- 5
(a) monitor the health and safety of employees; and 6
(b) keep records of that monitoring. 7
Maximum penalty--1 470 penalty units. 8
`10 Duties of manufacturers in relation to plant and 9
substances 10
`(1) A manufacturer of plant that the manufacturer ought 11
reasonably to expect will be used by members of the 12
workforce at a facility must take all reasonably practicable 13
steps-- 14
(a) to ensure the plant is so designed and constructed as to 15
be, when properly used, safe and without risk to health; 16
and 17
(b) to carry out, or cause to be carried out, the research, 18
testing and examination necessary in order to discover, 19
and to eliminate or minimise, any risk to health and 20
safety that may arise from the use of the plant; and 21
(c) to make available, in connection with the use of the 22
plant at a facility, adequate written information about-- 23
(i) the use for which it is designed and has been 24
tested; and 25
(ii) details of its design and construction; and 26
(iii) any conditions necessary to ensure that, when put 27
to the use for which it was designed and tested, it 28
will be safe and without risk to health. 29
Maximum penalty--300 penalty units. 30
`(2) A manufacturer of a substance that the manufacturer ought 31
reasonably to expect will be used by members of the 32
workforce at a facility must take all reasonably practicable 33
steps-- 34
s 19 35 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) to ensure the substance is so manufactured as to be, 1
when properly used, safe and without risk to health; and 2
(b) to carry out, or cause to be carried out, the research, 3
testing and examination necessary to discover, and to 4
eliminate or minimise, any risk to health and safety that 5
may arise from the use of the substance; and 6
(c) to make available, in connection with the use of the 7
substance at a facility, adequate written information 8
concerning-- 9
(i) the use for which it is manufactured and has been 10
tested; and 11
(ii) details of its composition; and 12
(iii) any conditions necessary to ensure that, when put 13
to the use for which it was manufactured and 14
tested, it will be safe and without risk to health; 15
and 16
(iv) the first aid and medical procedures that should be 17
followed if the substance causes injury. 18
Maximum penalty--300 penalty units. 19
`(3) Subsection (4) applies if-- 20
(a) plant or a substance is imported into Australia by a 21
person (the importer) who is not its manufacturer; and 22
(b) at the time of the importation, the manufacturer of the 23
plant or substance does not have a place of business in 24
Australia. 25
`(4) The importer is taken, for this section, to be the manufacturer 26
of the plant or substance. 27
`(5) This section does not affect the operation of another law of the 28
State that imposes an obligation on a manufacturer in relation 29
to defective goods or in relation to information to be supplied 30
in relation to goods. 31
`11 Duties of suppliers of facilities, plant and substances 32
`(1) A supplier of a facility, or of any plant or substance the 33
supplier ought reasonably to expect will be used by members 34
s 19 36 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
of the workforce at a facility, must take all reasonably 1
practicable steps-- 2
(a) to ensure that, at the time of supply, the facility, or the 3
plant or substance, is in such condition as to be, when 4
properly used, safe and without risk to health; and 5
(b) to carry out, or cause to be carried out, the research, 6
testing and examination necessary to discover, and to 7
eliminate or minimise, any risk to health or safety that 8
may arise from the condition of the facility, plant or 9
substance; and 10
(c) to make available to the prescribed person adequate 11
written information, in connection with the use of the 12
facility, plant or substance, as the case requires, about 13
each of the following-- 14
(i) the condition of the facility, plant or substance at 15
the time of supply; 16
(ii) any risk to the health and safety of members of the 17
workforce at the facility to which the condition of 18
the facility, plant or substance may give rise unless 19
it is properly used; 20
(iii) the steps that need to be taken to eliminate that 21
risk; 22
(iv) in the case of a substance, the first aid and medical 23
procedures that should be followed if the condition 24
of the substance causes injury to a member of the 25
workforce at the facility. 26
Maximum penalty--300 penalty units. 27
`(2) Subsection (3) applies if-- 28
(a) a person (the ostensible supplier) supplies to a person-- 29
(i) a facility; or 30
(ii) any plant or substance that is to be used by 31
members of the workforce at a facility; and 32
(b) the ostensible supplier-- 33
(i) carries on the business of financing the acquisition 34
or the use of goods by other persons; and 35
s 19 37 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(ii) has, in the course of that business, acquired an 1
interest in the facility, or in the plant or substance, 2
from another person (the actual supplier), solely 3
for the purpose of financing its acquisition by, or 4
its provision to, the person to whom it is finally 5
supplied; and 6
(iii) has not taken possession of the facility, plant or 7
substance, or has taken possession of the facility, 8
plant or substance solely for the purpose of passing 9
possession of the facility, plant or substance to the 10
person to whom it is finally supplied. 11
`(3) If this subsection applies, a reference in subsection (1) to a 12
supplier is, in relation to the facility, plant or substance 13
mentioned in subsection (2), taken to be a reference to the 14
actual supplier and not a reference to the ostensible supplier. 15
`(4) This section does not affect the operation of another law of the 16
State that imposes an obligation about the sale or supply of 17
goods or about the information to be supplied in relation to 18
goods. 19
`(5) In this section-- 20
prescribed person means-- 21
(a) in relation to a facility--the operator of the facility; and 22
(b) in relation to plant or a substance--the person to whom 23
the plant or substance is supplied. 24
`12 Duties of persons erecting facility or installing plant 25
`(1) A person who erects or installs a facility, or erects or installs 26
any plant at a facility, must take all reasonably practicable 27
steps to ensure the facility or plant is not erected or installed in 28
a way that makes it unsafe or constitutes a risk to health. 29
Maximum penalty--300 penalty units. 30
`(2) This section does not affect the operation of another law of the 31
State that imposes an obligation about the erection or 32
installation of structures or goods or the supply of services. 33
s 19 38 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`13 Duties of persons in relation to occupational health 1
and safety 2
`(1) A person at a facility must, at all times, take all reasonably 3
practicable steps-- 4
(a) to ensure the person does not take any action, or make 5
any omission, that creates a risk, or increases an existing 6
risk, to the occupational health and safety of the person 7
or of another person at or near the facility; and 8
(b) in relation to any obligation imposed on the operator or 9
on another person by or under a listed OHS law, to 10
co-operate with the operator or the other person to the 11
extent necessary to enable the operator or the other 12
person to fulfil the obligation; and 13
(c) to use prescribed equipment in accordance with any 14
instructions given by the equipment supplier, consistent 15
with the safe and proper use of the equipment. 16
Maximum penalty--75 penalty units. 17
`(2) Despite subsection (1), the choice or manner of use, or choice 18
and manner of use, of prescribed equipment of the kind 19
mentioned in subsection (5), definition prescribed equipment, 20
paragraph (b), is a matter that may be, consistently with each 21
listed OHS law-- 22
(a) agreed on between the equipment supplier and any 23
relevant health and safety representative; or 24
(b) agreed on by a health and safety committee. 25
`(3) If an agreement of the kind mentioned in subsection (2)(a) or 26
(b) provides a process for choosing equipment of a particular 27
kind that is to be provided by the equipment supplier, action 28
must not be taken against a person for failure to use the 29
equipment unless the equipment has been chosen in 30
accordance with that process. 31
`(4) If an agreement of the kind mentioned in subsection (2)(a) or 32
(b) provides a process for deciding the manner of use of 33
equipment of a particular kind, action must not be taken 34
against a person for failure to use the equipment in the manner 35
required by the equipment supplier unless the manner has 36
been decided in accordance with that process. 37
s 19 39 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(5) In this section-- 1
prescribed equipment means equipment that is-- 2
(a) supplied to the person by the operator, an employer of 3
the person or another person having control of work at a 4
facility (the equipment supplier); and 5
(b) necessary to protect the occupational health and safety 6
of the person, or of another person at or near the facility. 7
`14 Reliance on information supplied or results of research 8
`(1) For the application of section 7, 8 or 9 to the use of plant or a
2
9
substance, a person on whom an obligation is imposed under 10
any of the sections is regarded as having taken reasonably 11
practicable steps as required by the relevant section, in 12
relation to the use of the plant or substance, to the extent-- 13
(a) the person ensured, so far as practicable, that its use was 14
in accordance with the information supplied by the 15
manufacturer or the supplier of the plant or substance 16
relating to occupational health and safety in its use; and 17
(b) it was reasonable for the person to rely on that 18
information. 19
`(2) For the application of section 10 or 11 to carrying out 20
research, testing or examination of a facility, or any plant or 21
substance, a person on whom an obligation is imposed under 22
either of those sections is regarded as having taken reasonably 23
practicable steps as required by the relevant section, in 24
relation to carrying out the research, testing or examination of 25
the facility, plant or substance, to the extent-- 26
(a) the research, testing or examination has already been 27
carried out by or on behalf of someone else; and 28
(b) it was reasonable for the person to rely on the research, 29
testing or examination. 30
`(3) For the application of section 12 to the erection of a facility or 31
the erection or installation of plant at a facility, a person on 32
2 Section 7 (Duties of operator), 8 (Duties of persons in control of parts of facility or
particular work) or 9 (Duties of employers)
s 19 40 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
whom an obligation is imposed under the section is regarded 1
as having taken reasonably practicable steps as required by 2
the section to the extent-- 3
(a) the person ensured, so far as is reasonably practicable, 4
that the erection of the facility, or the erection or 5
installation of the plant, was-- 6
(i) in accordance with information supplied by the 7
manufacturer or supplier of the facility or plant 8
relating to its erection or its installation; and 9
(ii) consistent with the occupational health and safety 10
of persons at the facility; and 11
(b) it was reasonable for the person to rely on the 12
information. 13
`(4) Nothing in this section limits the generality of what 14
constitutes reasonably practicable steps as required by section 15
7, 8, 9, 10, 11 or 12. 16
`Division 2 Regulations relating to 17
occupational health and safety 18
`15 Regulations relating to occupational health and safety 19
`(1) The regulations may provide for any matter affecting, or likely 20
to affect, the occupational health and safety of persons at a 21
facility. 22
`(2) A regulation made under subsection (1) may provide for any 23
or all of the following-- 24
(a) prohibiting or restricting the performance of all work or 25
particular work at a facility; 26
(b) prohibiting or restricting the use of all plant or particular 27
plant at a facility; 28
(c) prohibiting or restricting the carrying out of all 29
processes or a particular process at a facility; 30
(d) prohibiting or restricting the storage or use of all 31
substances or particular substances at a facility; 32
s 19 41 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(e) specifying the form in which information required to be 1
made available under section 10(1)(c) or 11(1)(c) is to 2
be made available; 3
(f) prohibiting, except in accordance with licences granted 4
under the regulations, the use of particular plant or 5
particular substances at a facility; 6
(g) providing for-- 7
(i) the issue, variation, renewal, transfer, suspension 8
and cancellation of those licences; and 9
(ii) the conditions to which the licences may be 10
subject; 11
(h) regulating the maintenance and testing of plant used at a 12
facility; 13
(i) regulating the labelling or marking of substances used at 14
a facility; 15
(j) regulating the transport of particular plant or particular 16
substances for use at a facility; 17
(k) prohibiting the performance, at a facility, of particular 18
activities or work except-- 19
(i) by persons who satisfy requirements under the 20
regulations about qualifications, training or 21
experience; or 22
(ii) under the supervision required under the 23
regulations; 24
(l) requiring particular action to avoid accidents or 25
dangerous occurrences; 26
(m) providing for, or prohibiting, particular action in the 27
event of accidents or dangerous occurrences; 28
(n) providing for the employment at a facility of persons to 29
perform particular duties relating to the maintenance of 30
occupational health and safety at the facility; 31
(o) regulating the provision and use, at a facility, of 32
protective clothing and equipment, safety equipment 33
and rescue equipment; 34
s 19 42 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(p) providing for monitoring the health of members of the 1
workforce at a facility and the conditions at the facility; 2
(q) requiring employers to keep records of matters related to 3
the occupational health and safety of employees; 4
(r) providing for the provision of first aid equipment and 5
facilities at facilities. 6
`Part 3 Workplace arrangements 7
`Division 1 Designated work groups 8
`Subdivision 1 Establishment of designated work 9
groups 10
`16 Establishment of designated work groups by request 11
`(1) A request to the operator of a facility to enter into 12
consultations to establish designated work groups in relation 13
to the members of the workforce at the facility may be made 14
by-- 15
(a) a member of the workforce; or 16
(b) if a member of the workforce requests a workforce 17
representative in relation to the member to make the 18
request to the operator--the workforce representative. 19
`(2) The operator of a facility must, within 14 days after receiving 20
a request under subsection (1), enter into consultations with-- 21
(a) if a member of the workforce made a request to 22
establish designated work groups-- 23
(i) the member of the workforce; and 24
(ii) if the member requests that the operator enter into 25
consultations with a workforce representative in 26
relation to the member--the workforce 27
representative; and 28
s 19 43 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(iii) each employer, if any, of members of the 1
workforce; and 2
(b) if a workforce representative made a request to establish 3
designated work groups-- 4
(i) if a member of the workforce requests that the 5
operator enter into consultations with that 6
workforce representative--the workforce 7
representative; and 8
(ii) each employer of members of the workforce. 9
`(3) Within 14 days after the completion of consultations about the 10
establishment of the designated work groups, the operator 11
must, by notifying the members of the workforce, establish 12
the designated work groups in accordance with the outcome 13
of the consultations. 14
`17 Establishment of designated work groups at initiative 15
of operator 16
`(1) If, at any time, the operator of a facility considers that 17
designated work groups should be established, the operator 18
must enter into consultations with-- 19
(a) all members of the workforce; and 20
(b) if a member of the workforce requests that the operator 21
enter into consultations with a workforce representative 22
in relation to the member--the workforce 23
representative; and 24
(c) each employer, if any, of members of the workforce. 25
`(2) Within 14 days after the completion of consultations about the 26
establishment of the designated work groups, the operator 27
must, by notifying the members of the workforce, establish 28
the designated work groups in accordance with the outcome 29
of the consultations. 30
s 19 44 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`Subdivision 2 Variation of designated work groups 1
`18 Variation of designated work groups by request 2
`(1) A request to the operator of a facility to enter into 3
consultations to vary designated work groups that have 4
already been established in relation to the members of the 5
workforce at the facility may be made by-- 6
(a) a member of the workforce; or 7
(b) if a member of the workforce requests a workforce 8
representative in relation to the member to make the 9
request to the operator--the workforce representative. 10
`(2) The operator of a facility must, within 14 days after receiving 11
a request under subsection (1), enter into consultations with-- 12
(a) if a member of the workforce made a request to vary 13
designated work groups-- 14
(i) the member of the workforce; and 15
(ii) the health and safety representative of each 16
designated work group affected by the proposed 17
variation; and 18
(iii) each work group employer, if any, in relation to 19
each designated work group affected by the 20
proposed variation; and 21
(b) if a workforce representative made a request to vary 22
designated work groups-- 23
(i) if a member of a designated work group affected 24
by the proposed variation requests that the operator 25
enter into consultations with that workforce 26
representative in relation to the group--the 27
workforce representative; and 28
(ii) the health and safety representative of each 29
designated work group affected by the proposed 30
variation; and 31
(iii) each work group employer, if any, in relation to 32
each designated work group affected by the 33
proposed variation. 34
s 19 45 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(3) Subsection (4) applies if-- 1
(a) consultations take place about the variation of 2
designated work groups that have already been 3
established; and 4
(b) as a result of the consultations, it has been determined 5
that the variation of some or all of those designated 6
work groups is justified. 7
`(4) Within 14 days after the completion of the consultations the 8
operator must, by notifying the members of the workforce 9
who are affected by the variation, vary the designated work 10
groups in accordance with the outcome of the consultations. 11
`19 Variation of designated work groups at initiative of 12
operator 13
`(1) If the operator of a facility believes the designated work 14
groups should be varied, the operator may, at any time, enter 15
into consultations about the variations with-- 16
(a) the health and safety representative of each designated 17
work group affected by the proposed variation; and 18
(b) if a member of a designated work group affected by the 19
proposed variation requests that the operator enter into 20
consultations with a workforce representative in relation 21
to the group--the workforce representative; and 22
(c) each work group employer, if any, in relation to each 23
designated work group affected by the proposed 24
variation. 25
`(2) Subsection (3) applies if-- 26
(a) consultations take place about the variation of 27
designated work groups that have already been 28
established; and 29
(b) as a result of the consultations, it has been decided that 30
the variation of some or all of those designated work 31
groups is justified. 32
`(3) Within 14 days after the completion of the consultations the 33
operator must, by notifying the members of the workforce 34
s 19 46 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
who are affected by the variation, vary the designated work 1
groups in accordance with the outcome of the consultations. 2
`Subdivision 3 General 3
`20 Referral of disagreement to reviewing authority 4
`(1) If, in the course of consultations under section 16, 17, 18 or 5
19, there is a disagreement between any of the parties to the 6
consultation about the manner of establishing or varying a 7
designated work group, a party may, for the purpose of 8
facilitating that consultation, refer the matter of disagreement 9
to the reviewing authority. 10
`(2) If the matter of a disagreement is referred to the reviewing 11
authority, the parties to the disagreement must complete the 12
consultation in accordance with the resolution of the matter by 13
the reviewing authority. 14
`21 Manner of grouping members of the workforce 15
`(1) Consultations about the establishment or variation of a 16
designated work group must be directed principally at 17
deciding the manner of grouping members of the workforce-- 18
(a) that best and most conveniently enables their interests 19
relating to occupational health and safety to be 20
represented and safeguarded; and 21
(b) that best takes account of the need for any health and 22
safety representative selected for the designated work 23
group to be accessible to each group member. 24
`(2) The parties to the consultations must have regard, in 25
particular, to each of the following-- 26
(a) the number of members of the workforce at the facility 27
to which the consultation relates; 28
(b) the nature of each type of work performed by the 29
members; 30
(c) the number and grouping of the members who perform 31
the same or similar types of work; 32
s 19 47 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(d) the workplaces where each type of work is performed; 1
(e) the nature of any risks to health and safety at each of the 2
workplaces; 3
(f) any overtime or shift working arrangement at the 4
facility. 5
`(3) The designated work groups must be established or varied in a 6
way that, so far as practicable, each of the members of the 7
workforce at a facility is in a designated work group. 8
`(4) All the members of the workforce at a facility may be in 1 9
designated work group. 10
`Division 2 Health and safety representatives 11
`Subdivision 1 Selection of health and safety 12
representatives 13
`22 Selection of health and safety representatives 14
`(1) One health and safety representative may be selected for each 15
designated work group. 16
`(2) A person is not eligible for selection as the health and safety 17
representative for a designated work group unless the person 18
is a member of the workforce included in the group. 19
`(3) A person is taken to have been selected as the health and 20
safety representative for a designated work group if-- 21
(a) all the members of the workforce in the group 22
unanimously agree to the selection; or 23
(b) the person is elected as the health and safety 24
representative of the group under section 23. 25
`23 Election of health and safety representatives 26
`(1) This section applies if-- 27
(a) there is a vacancy in the office of health and safety 28
representative for a designated work group; and 29
s 19 48 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) within a reasonable time after the vacancy occurs, a 1
person has not been selected under section 22(3)(a). 2
`(2) The operator of the facility must invite nominations from all 3
group members for election as the health and safety 4
representative of the group. 5
`(3) If the office of health and safety representative is vacant and 6
the operator has not invited nominations within a further 7
reasonable time that is no later than 6 months after the 8
vacancy occurred, the Safety Authority may direct the 9
operator to invite nominations. 10
`(4) If there is more than 1 candidate for election at the close of the 11
nomination period, the operator must conduct, or arrange for 12
the conduct of, an election at the operator's expense. 13
`(5) An election conducted or arranged to be conducted under 14
subsection (4) must be conducted under a regulation made for 15
the purposes of this subsection if this is requested by the 16
lesser of-- 17
(a) 100 members of the workforce normally in the 18
designated work group; or 19
(b) a majority of the members of the workforce normally in 20
the designated work group. 21
`(6) If there is only 1 candidate for election at the close of the 22
nomination period, the person is taken to have been elected. 23
`(7) A person can not be a candidate in the election if he or she is 24
disqualified under section 29. 25
`(8) All the members of the workforce in the designated work 26
group are entitled to vote in the election. 27
`(9) An operator conducting or arranging for the conduct of an 28
election under this clause must comply with any relevant 29
directions issued by the Safety Authority. 30
`24 List of health and safety representatives 31
`The operator of a facility must-- 32
(a) prepare and keep up to date a list of all the health and 33
safety representatives of designated work groups 34
s 19 49 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
comprising members of the workforce performing work 1
at the facility; and 2
(b) ensure the list is available for inspection, at all 3
reasonable times, by-- 4
(i) members of the workforce at the facility; and 5
(ii) OHS inspectors. 6
`25 Members of designated work group must be notified 7
of selection etc of health and safety representative 8
`The operator of a facility must-- 9
(a) notify members of a designated work group in relation 10
to the facility of a vacancy in the office of health and 11
safety representative for the designated work group 12
within a reasonable time after the vacancy arises; and 13
(b) notify those members of the name of any person 14
selected, whether under section 22(3)(a) or (b), as health 15
and safety representative for the designated work group 16
within a reasonable time after the selection is made. 17
`26 Term of office 18
`(1) A health and safety representative for a designated work 19
group holds office-- 20
(a) if, in consultations that took place under section 16, 17, 21
18 or 19, the parties to the consultations agreed to the 22
period for which the health and safety representative for 23
the group was to hold office--for the agreed period; or 24
(b) if paragraph (a) does not apply--for 2 years. 25
`(2) The term of office of a health and safety representative begins 26
at the start of the day on which the representative was 27
selected. 28
`(3) Nothing in this section prevents a health and safety 29
representative from being selected for further terms of office. 30
s 19 50 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`27 Training of health and safety representatives 1
`(1) A health and safety representative for a designated work 2
group must undertake a course of training relating to 3
occupational health and safety that is accredited by the Safety 4
Authority for the purposes of this section. 5
`(2) The operator of the facility concerned must permit the 6
representative to take any time off work, without loss of 7
remuneration or other entitlements, that is necessary to 8
undertake the training. 9
`(3) If a person other than the operator is the employer of the 10
representative, the employer must permit the representative to 11
take any time off work, without loss of remuneration or other 12
entitlements, that is necessary to undertake the training. 13
`28 Resignation etc of health and safety representatives 14
`(1) A person ceases to be the health and safety representative for 15
the designated work group if-- 16
(a) the person resigns as the health and safety 17
representative; or 18
(b) the person ceases to be a group member of that 19
designated work group; or 20
(c) the person's term of office expires without the person 21
having been selected, under section 22, to be the health 22
and safety representative for the designated work group 23
for a further term; or 24
(d) the person is disqualified under section 29. 25
`(2) A person may resign as the health and safety representative 26
for a designated work group by notice in writing delivered to 27
the operator and each work group employer. 28
`(3) If a person resigns as the health and safety representative for a 29
designated work group, the person must notify the resignation 30
to the group members. 31
`(4) If a person has ceased to be the health and safety 32
representative for a designated work group because of 33
subsection (1)(b), the person must notify the following 34
s 19 51 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
persons in writing that the person has ceased to be the health 1
and safety representative for that designated work group-- 2
(a) the group members; and 3
(b) the operator and each work group employer. 4
`29 Disqualification of health and safety representatives 5
`(1) An application for the disqualification of a health and safety 6
representative for a designated work group may be made to 7
the Safety Authority by-- 8
(a) the operator; or 9
(b) a work group employer; or 10
(c) at the request of a group member of the designated work 11
group, a workforce representative in relation to the 12
designated work group. 13
`(2) An application under subsection (1) may be made on either or 14
both of the following grounds-- 15
(a) that action taken by the representative in the exercise or 16
purported exercise of a power under section 31(1) or 17
another provision of this schedule was taken-- 18
(i) with the intention of causing harm to the operator 19
or work group employer or to an undertaking of the 20
operator or work group employer; or 21
(ii) unreasonably, capriciously or not for the purpose 22
for which the power was conferred on the 23
representative; 24
(b) that the representative has intentionally used, or 25
disclosed to another person, for a purpose not connected 26
with the exercise of a power of a health and safety 27
representative, information acquired from the operator 28
or work group employer. 29
`(3) On an application under subsection (1), the Safety Authority 30
may disqualify the representative, for a stated period not 31
exceeding 5 years, from being a health and safety 32
representative for any designated work group, if the Safety 33
Authority is satisfied that the representative has acted in a 34
manner mentioned in subsection (2). 35
s 19 52 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(4) In making a decision under subsection (3), the Safety 1
Authority must have regard to each of the following-- 2
(a) the harm, if any, that was caused to the operator or work 3
group employer or to an undertaking of the operator or 4
work group employer as a result of the action of the 5
representative; 6
(b) the past record of the representative in exercising the 7
powers of a health and safety representative; 8
(c) the effect, if any, on the public interest of the action of 9
the representative; 10
(d) other matters the Safety Authority thinks relevant. 11
`30 Deputy health and safety representatives 12
`(1) One deputy health and safety representative may be selected 13
for each designated work group for which a health and safety 14
representative has been selected. 15
`(2) A deputy health and safety representative is to be selected in 16
the same way as a health and safety representative under 17
section 22. 18
`(3) Subsection (4) applies if the health and safety representative 19
for a designated work group-- 20
(a) ceases to be the health and safety representative; or 21
(b) is unable, because of absence or for another reason, to 22
exercise the powers of a health and safety representative. 23
`(4) If this subsection applies-- 24
(a) the powers may be exercised by the deputy health and 25
safety representative, if any, for the group; and 26
(b) this schedule, other than this section, applies in relation 27
to the deputy health and safety representative 28
accordingly. 29
s 19 53 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`Subdivision 2 Powers of health and safety 1
representatives 2
`31 Powers of health and safety representatives 3
`(1) A health and safety representative for a designated work 4
group may, for the purpose of promoting or ensuring the 5
health and safety at a workplace of the group members-- 6
(a) do all or any of the following-- 7
(i) inspect the whole or any part of the workplace if 8
there has, in the immediate past, been an accident 9
or a dangerous occurrence at the workplace, or if 10
there is an immediate threat of such an accident or 11
dangerous occurrence; 12
(ii) inspect the whole or any part of the workplace if 13
the health and safety representative has given 14
reasonable notice of the inspection to the operator's 15
representative at the facility and to another person 16
having immediate control of the workplace; 17
(iii) make a request to an OHS inspector or to the 18
Safety Authority that an inspection be conducted at 19
the workplace; 20
(iv) accompany an OHS inspector during an inspection 21
at the workplace by the OHS inspector, whether or 22
not the inspection is being conducted as a result of 23
a request made by the health and safety 24
representative; 25
(v) if there is no health and safety committee for the 26
members of the workforce at the 27
facility--represent group members in 28
consultations with the operator and any work 29
group employer about the development, 30
implementation and review of measures to ensure 31
the health and safety of those members at the 32
workplace; 33
(vi) if a health and safety committee has been 34
established for the members of the workforce at the 35
facility--examine any records of the committee; 36
and 37
s 19 54 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) investigate complaints made by a group member to the 1
health and safety representative about the health and 2
safety of any of the members of the workforce, whether 3
in the group or not; and 4
(c) with the consent of a group member, be present at an 5
interview about health and safety at work between that 6
member and any of the following persons-- 7
(i) an OHS inspector; 8
(ii) the operator or a person representing the operator; 9
(iii) a work group employer or a person representing 10
the employer; and 11
(d) obtain access to information under the control of the 12
operator or a work group employer-- 13
(i) relating to risks to the health and safety of a group 14
member; and 15
(ii) relating to the health and safety of a group 16
member; and 17
(e) issue provisional improvement notices under section 35. 18
`(2) Subsection (1)(d)(ii) has effect subject to section 33.3 19
`32 Assistance by consultant 20
`(1) A health and safety representative for a designated work 21
group is entitled, in exercising the representative's powers, to 22
be assisted by a consultant. 23
`(2) Subject to subsection (3), a health and safety representative 24
for a designated work group may-- 25
(a) be assisted by a consultant at a workplace at which work 26
is performed; or 27
(b) provide to a consultant information that has been 28
provided to the health and safety representative by a 29
group member under section 31(1)(d). 30
3 Section 33 (Information)
s 19 55 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(3) Subsection (2) applies only if the operator or the Safety 1
Authority has, in writing, agreed to the provision of the 2
assistance at the workplace or the provision of the 3
information, as the case may be. 4
`(4) Neither the operator nor a workplace employer becomes, 5
because of the agreement under subsection (3) to the 6
provision of assistance by a consultant, liable for any 7
remuneration or other expenses incurred in connection with 8
the consultant's activities. 9
`(5) Subject to subsection (6), if a health and safety representative 10
for a designated work group is being assisted by a consultant, 11
the consultant is entitled to be present with the representative 12
at an interview, about health and safety at work, between a 13
group member and-- 14
(a) an OHS inspector; or 15
(b) the operator, a work group employer or a person 16
representing the operator or employer. 17
`(6) A consultant may be present at an interview under subsection 18
(5) only if the group member consents to the presence of the 19
consultant. 20
`33 Information 21
`(1) Neither a health and safety representative nor a consultant 22
assisting a health and safety representative is entitled, under 23
section 31(1)(d)(ii), to have access to information in relation 24
to which a group member is entitled to claim, and does claim, 25
legal professional privilege. 26
`(2) Neither a health and safety representative nor a consultant 27
assisting a health and safety representative is entitled, under 28
section 31(1)(d)(ii), to have access to information of a 29
confidential medical nature relating to a person who is or was 30
a group member unless-- 31
(a) the person has delivered to the operator or a work group 32
employer a written authority permitting the health and 33
safety representative, or the health and safety 34
representative and the consultant, as the case requires, to 35
have access to the information; or 36
s 19 56 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) the information is in a form that does not identify the 1
person or enable the identity of the person to be 2
discovered. 3
`34 Obligations and liabilities of health and safety 4
representatives 5
`This schedule does not-- 6
(a) impose an obligation on a person to exercise a power 7
conferred on the person because the person is a health 8
and safety representative; or 9
(b) render a person liable in civil proceedings because of-- 10
(i) a failure to exercise the power; or 11
(ii) the way the power was exercised. 12
`35 Provisional improvement notices 13
`(1) This section applies if-- 14
(a) a health and safety representative for a designated work 15
group believes, on reasonable grounds, that a person-- 16
(i) is contravening a provision of a listed OHS law; or 17
(ii) has contravened a provision of a listed OHS law 18
and is likely to contravene that provision again; 19
and 20
(b) the contravention affects or may affect 1 or more group 21
members. 22
`(2) The representative must consult with the person supervising 23
the relevant activity in an attempt to reach agreement on 24
rectifying the contravention or preventing the likely 25
contravention. 26
`(3) If, in the health and safety representative's opinion, agreement 27
is not reached within a reasonable time, the health and safety 28
representative may issue a provisional improvement notice to 29
any or all of the persons (each of whom is a responsible 30
person) responsible for the contravention. 31
s 19 57 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(4) If a responsible person is the operator, the improvement notice 1
may be issued to the operator by giving it to the operator's 2
representative at the facility. 3
`(5) If it is not practicable to issue the notice to a responsible 4
person, other than the operator or the supervisor, by giving it 5
to the responsible person-- 6
(a) the notice may be issued to the responsible person by 7
giving it to the person who for the time being is, or may 8
reasonably be presumed to be, on behalf of the 9
responsible person, in charge of the activity to which the 10
notice relates; and 11
(b) if the notice is issued under paragraph (a), a copy of the 12
notice must be given to the responsible person as soon 13
as practicable afterwards. 14
`(6) The notice must-- 15
(a) state the contravention that, in the health and safety 16
representative's opinion, is occurring or is likely to 17
occur, and state the reasons for the opinion; and 18
(b) state a period within which the responsible person is to 19
take action necessary to prevent any further 20
contravention or to prevent the likely contravention, as 21
the case may be. 22
`(7) The period stated in the notice under subsection (6)(b) must 23
be a period that-- 24
(a) is not less than 7 days beginning on the day after the 25
notice is issued; and 26
(b) is, in the representative's opinion, reasonable. 27
`(8) The notice may state action the responsible person is to take 28
during the period stated in the notice. 29
`(9) If, in the health and safety representative's opinion, it is 30
appropriate to do so, the representative may, in writing and 31
before the end of the period, extend the period stated in the 32
notice. 33
`(10) On issuing the notice, the health and safety representative 34
must give a copy of the notice to each of the following 35
persons-- 36
s 19 58 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) if the operator is not a responsible person--the operator; 1
(b) each work group employer, other than a work group 2
employer who is a responsible person; 3
(c) if the supervisor is not a responsible person--the 4
supervisor; 5
(d) if the notice relates to any plant, substance or thing 6
owned by a person other than a responsible person or a 7
person to whom a copy of the notice is given under 8
paragraph (a), (b) or (c)--the owner. 9
`36 Effect of provisional improvement notice 10
`(1) Within 7 days after a notice is issued under section 35, the 11
responsible person or another person to whom a copy of the 12
notice has been given under section 35(10) may request the 13
Safety Authority or an OHS inspector for an inspection of the 14
matter to be conducted. 15
`(2) On the request being made, the operation of the notice is 16
suspended pending the decision of the matter by an OHS 17
inspector. 18
`(3) As soon as possible after a request is made, an inspection 19
must be conducted of the work that is the subject of the 20
disagreement, and the OHS inspector conducting the 21
inspection must-- 22
(a) confirm, vary or cancel the notice and notify the 23
responsible person and any person to whom a copy of 24
the notice has been given under section 35(10) 25
accordingly; and 26
(b) make decisions, and exercise powers, under part 4, as 27
the OHS inspector considers necessary in relation to the 28
work. 29
`(4) If the OHS inspector varies a notice, the notice as varied has 30
effect-- 31
(a) to the extent the notice concerns obligations imposed on 32
the responsible person that are unaffected by the 33
variation, as if the notice as varied resumed effect on the 34
day of the variation; and 35
s 19 59 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) to the extent the notice concerns new obligations 1
imposed by virtue of the variation, as if the notice as 2
varied were a new notice issued on the day of the 3
variation. 4
`(5) If the notice is issued to a responsible person, the responsible 5
person must-- 6
(a) notify each group member who is affected by the notice 7
of the issue of the notice; and 8
(b) until the notice ceases to have effect, cause a copy of the 9
notice to be displayed at or near each workplace at 10
which the work that is the subject of the notice is being 11
performed. 12
`(6) The notice ceases to have effect if-- 13
(a) it is cancelled by an OHS inspector or the health and 14
safety representative; or 15
(b) the responsible person-- 16
(i) takes the action, if any, stated in the notice; or 17
(ii) if no action is stated in the notice--takes the action 18
necessary to prevent the further contravention, or 19
likely contravention, concerned. 20
`(7) The responsible person must-- 21
(a) ensure, to the extent the notice relates to a matter over 22
which the person has control, the notice is complied 23
with; and 24
(b) take reasonable steps to inform the health and safety 25
representative who issued the notice of the action taken 26
to comply with the notice. 27
`(8) For section 72,4 if the OHS inspector confirms or varies the 28
notice, the OHS inspector is taken to have decided, under 29
section 68, to issue an improvement notice in those terms. 30
4 Section 72 (Appeals)
s 19 60 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`Subdivision 3 Duties of the operator and other 1
employers in relation to health and 2
safety representatives 3
`37 Duties of the operator and other employers in 4
relation to health and safety representatives 5
`(1) The operator of a facility in relation to which a designated 6
work group having a health and safety representative has been 7
established must-- 8
(a) on being requested to do so by the representative, 9
consult with the representative on the implementation of 10
changes at a workplace at which some or all of the 11
group members perform work, being changes that may 12
affect their health and safety; and 13
(b) in relation to a workplace at which some or all of the 14
group members perform work-- 15
(i) permit the representative to make an inspection of 16
the workplace that the representative is entitled to 17
make under section 31(1)(a)(i) and to accompany 18
an OHS inspector during an inspection at the 19
workplace by the OHS inspector; and 20
(ii) if there is no health and safety committee for the 21
members of the workforce--on being requested to 22
do so by the representative, consult with the 23
representative about the development, 24
implementation and review of measures to ensure 25
the health and safety of group members; and 26
(c) permit the representative to be present at an interview at 27
which the representative is entitled to be present under 28
section 31(1)(c); and 29
(d) provide to the representative access to information to 30
which the representative is entitled to obtain access 31
under section 31(1)(d)(i) or (ii) and to which access has 32
been requested; and 33
(e) permit the representative to take time off work, without 34
loss of remuneration or other entitlements, that is 35
s 19 61 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
necessary to exercise the powers of a health and safety 1
representative; and 2
(f) provide the representative with access to facilities, if-- 3
(i) the facilities are prescribed for the purpose of this 4
paragraph; or 5
(ii) access to the facilities is necessary for the purposes 6
of exercising the powers of a health and safety 7
representative. 8
`(2) Subsection (1)(d) has effect subject to subsections (3) and (4). 9
`(3) The operator must not permit a health and safety 10
representative in relation to a designated work group to have 11
access to information under the control of the operator that is 12
of a confidential medical nature and relates to a person who is 13
or was a group member unless-- 14
(a) the person has delivered to the employer a written 15
authority permitting the representative to have access to 16
the information; or 17
(b) the information is in a form that does not identify the 18
person or enable the identity of the person to be 19
discovered. 20
`(4) The operator is not required to give a health and safety 21
representative access to information in relation to which the 22
operator is entitled to claim, and does claim, legal 23
professional privilege. 24
`(5) The duties imposed under this section on the operator in 25
relation to the health and safety representative for a 26
designated work group apply equally, to the extent the matters 27
to which the duties relate are within the control of a work 28
group employer or of a supervisor of particular work, to the 29
employer and to the supervisor. 30
`Division 3 Health and safety committees 31
`38 Health and safety committees 32
`(1) A health and safety committee must be established in relation 33
to the members of the workforce at a facility if-- 34
s 19 62 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) the number of members normally present at the facility 1
is not less than 50, whether or not the members are all at 2
work at the facility at the same time; and 3
(b) the members of the workforce are included in 1 or more 4
designated work groups; and 5
(c) the operator is requested to establish the committee by 6
the health and safety representative for the designated 7
work group or for 1 of the designated work groups. 8
`(2) The health and safety committee consists of-- 9
(a) the number of members stated in an agreement reached 10
between the operator and the members of the workforce; 11
or 12
(b) if there is no such agreement, an equal number of-- 13
(i) members chosen by the members of the workforce 14
to represent the interests of members of the 15
workforce; and 16
(ii) members chosen by the operator to represent the 17
interests of the operator and the employer, other 18
than the operator, of members of the workforce. 19
`(3) The agreement mentioned in subsection (2)(a) may-- 20
(a) state the persons who are to be members to represent the 21
interests of the operator and employers, other than the 22
operator, of members of the workforce; and 23
(b) provide for the way in which persons who are to be 24
members to represent the interests of members of the 25
workforce are to be chosen. 26
`(4) If a regulation made for the purposes of this section provides 27
for procedures for selecting persons as members of health and 28
safety committees to represent the interests of members of the 29
workforce, an agreement mentioned in subsection (2)(a) must 30
not provide for members to be chosen in a way that is 31
inconsistent with the regulation. 32
`(5) A health and safety committee must hold a meeting at least 33
once every 3 months. 34
s 19 63 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(6) The procedure at meetings of a health and safety committee 1
must, except to the extent provided for under the regulations, 2
be the procedure agreed to by the committee. 3
`(7) A health and safety committee must cause minutes of its 4
meetings to be kept, and must retain those minutes for a 5
period of not less than 3 years. 6
`(8) This section does not prevent an operator establishing, in 7
consultation with registered unions or other persons, 8
committees concerned with occupational health and safety in 9
relation to undertakings carried on by the operator. 10
`39 Functions of health and safety committees 11
`(1) A health and safety committee has the following functions-- 12
(a) assisting the operator of the facility concerned-- 13
(i) to develop and implement measures designed to 14
protect the health and safety at work of members of 15
the workforce; and 16
(ii) to review and update measures used to protect the 17
health and safety at work of those members; 18
(b) facilitating co-operation between the following persons 19
in relation to occupational health and safety matters-- 20
(i) the operator of the facility; 21
(ii) employers, other than the operator, of members of 22
the workforce; 23
(iii) members of the workforce; 24
(c) assisting the operator to disseminate among members of 25
the workforce, in appropriate languages, information 26
relating to health and safety at work; 27
(d) any prescribed functions; 28
(e) other functions agreed between the operator and the 29
health and safety committee. 30
`(2) A health and safety committee has power to do all things 31
necessary or convenient to be done for, or in connection with, 32
the performance of its functions. 33
s 19 64 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(3) This schedule does not-- 1
(a) impose an obligation on a person to do any act, because 2
the person is a member of a health and safety 3
committee, in connection with the performance of a 4
function conferred on the committee; or 5
(b) render a person liable in civil proceedings because of-- 6
(i) a failure to do the act; or 7
(ii) the manner in which the act was done. 8
`40 Duties of the operator and other employers in 9
relation to health and safety committees 10
`(1) If there is a health and safety committee, each relevant person 11
must-- 12
(a) make available to the committee information possessed 13
by the person relating to risks to health and safety to 14
members of the workforce; and 15
(b) permit a member of the committee who is a member of 16
the workforce to take time off work, without loss of 17
remuneration or other entitlements, as is necessary for 18
the member to adequately participate in the performance 19
by the committee of its functions. 20
`(2) Subsection (1)(a) has effect subject to subsections (3) and (4). 21
`(3) A relevant person must not make available to a health and 22
safety committee information of a confidential nature relating 23
to a person who is or was a member of the workforce (a 24
worker), unless-- 25
(a) the worker has authorised the information to be made 26
available to the committee; or 27
(b) the information is in a form that does not identify the 28
worker or enable the identity of the worker to be 29
discovered. 30
`(4) A relevant person is not required to make available to a health 31
and safety committee information in relation to which the 32
person is entitled to claim, and does claim, legal professional 33
privilege. 34
s 19 65 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(5) In this section-- 1
relevant person means-- 2
(a) the operator; and 3
(b) an employer, other than the operator, of a member of the 4
workforce. 5
`Division 4 Emergency procedures 6
`41 Action by health and safety representatives 7
`(1) This section applies if a health and safety representative for a 8
designated work group has reasonable cause to believe there is 9
an imminent and serious danger to the health or safety of a 10
person at or near the facility unless a group member or group 11
members cease to perform particular work. 12
`(2) The representative must-- 13
(a) inform a person (a supervisor) supervising the group 14
member or group members in the performance of the 15
work of the danger; or 16
(b) if no supervisor can be contacted immediately-- 17
(i) direct the group member or group members to 18
cease, in a safe manner, performing the work; and 19
(ii) as soon as practicable, inform a supervisor that the 20
direction has been given. 21
`(3) If a supervisor is informed under subsection (2)(a) of a danger 22
to the health or safety of a person at or near the facility, the 23
supervisor must take the action the supervisor thinks 24
appropriate to remove the danger, which may include 25
directing a group member or group members to cease, in a 26
safe manner, to perform the work. 27
`(4) Subsection (5) applies to a health and safety representative 28
if-- 29
(a) the representative has informed a supervisor under 30
subsection (2)(a) of a danger; and 31
s 19 66 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) the representative has reasonable cause to believe that, 1
despite any action taken by the supervisor under 2
subsection (3), there continues to be an imminent and 3
serious danger to the health or safety of a person at or 4
near the facility unless the group member or group 5
members cease to perform particular work. 6
`(5) The representative must-- 7
(a) direct the group member or group members to cease, in 8
a safe manner, to perform the work; and 9
(b) as soon as practicable, inform the supervisor that the 10
direction has been given. 11
`(6) Subsection (7) applies if-- 12
(a) a health and safety representative gives a direction under 13
subsection (2)(b), but is unable to agree with a 14
supervisor whom the representative has informed under 15
the subsection that there is a need for a direction under 16
the subsection; or 17
(b) a health and safety representative gives a direction under 18
subsection (5)(a). 19
`(7) The representative or the supervisor may request the Safety 20
Authority or an OHS inspector to conduct an inspection of the 21
work that is the subject of the direction. 22
`(8) As soon as possible after a request is made under subsection 23
(7), an inspection must be conducted of the work that is the 24
subject of the direction, and the OHS inspector conducting the 25
inspection must make decisions, and exercise powers, under 26
part 4 as the OHS inspector considers necessary in relation to 27
the work. 28
`(9) This section does not limit the power of a health and safety 29
representative under section 31(1)(a)(iii) to request an OHS 30
inspector or the Safety Authority to conduct an inspection at 31
the workplace. 32
`42 Directions to perform other work 33
`(1) This section applies if-- 34
s 19 67 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) a group member who is an employee has ceased to 1
perform work, in accordance with the direction of a 2
health and safety representative under section 41(2)(b) 3
or (5)(a); and 4
(b) the cessation of work does not continue after-- 5
(i) the health and safety representative has agreed 6
with a person supervising work at the workplace 7
where the work was being performed that the 8
cessation of work was not, or is no longer, 9
necessary; or 10
(ii) an OHS inspector has, under section 41(8), made a 11
decision that the employee should perform the 12
work. 13
`(2) The employer may direct the employee to perform suitable 14
alternative work, and the employee is to be taken, for all 15
purposes, to be required to perform the other work under the 16
terms and conditions of the employee's employment. 17
`Part 4 Inspections 18
`Division 1 Powers, functions and duties of 19
OHS inspectors 20
`43 Powers, functions and duties of OHS inspectors 21
`(1) An OHS inspector has the powers, functions and duties 22
conferred or imposed by the listed OHS laws. 23
`(2) The Safety Authority may give written directions specifying 24
the manner in which, and the conditions subject to which, 25
powers conferred on OHS inspectors by a listed OHS law are 26
to be exercised. 27
`(3) If the Safety Authority gives written directions under 28
subsection (2), the powers of OHS inspectors must be 29
exercised in accordance with those directions. 30
s 19 68 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(4) The Safety Authority may, by notice in writing, impose 1
restrictions, not inconsistent with any direction in force under 2
subsection (2), on the powers conferred on a particular OHS 3
inspector by a listed OHS law. 4
`(5) If the Safety Authority imposes restrictions under subsection 5
(4), the powers of the OHS inspector are taken to have been 6
restricted accordingly. 7
`Division 2 Inspections 8
`44 Inspections 9
`(1) An OHS inspector may, at any time, conduct an inspection-- 10
(a) to ascertain whether the requirements of, or any 11
requirements properly made under, a listed OHS law are 12
being complied with; or 13
(b) concerning a contravention or a possible contravention 14
of a listed OHS law; or 15
(c) concerning an accident or dangerous occurrence that has 16
happened at a facility. 17
`(2) The Safety Authority may direct an OHS inspector to conduct 18
an inspection for a purpose mentioned in subsection (1). 19
`(3) If directed to conduct an investigation by the Safety Authority 20
under subsection (2), the OHS inspector must, unless the 21
Safety Authority revokes the direction, conduct the inspection 22
accordingly. 23
s 19 69 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`Division 3 Powers of OHS inspectors in 1
relation to the conduct of 2
inspections 3
`Subdivision 1 Power of entry 4
`45 Power of entry--general 5
`(1) An OHS inspector may, for the purposes of an inspection, 6
enter a place if-- 7
(a) its occupier consents to the entry; or 8
(b) it is a public place and the entry is made when it is open 9
to the public; or 10
(c) the entry is authorised by a warrant; or 11
(d) it is a place of business to which this Act relates and the 12
entry is made when the place is open for business or 13
otherwise open for entry; or 14
(e) the OHS inspector may enter the place under section 46 15
or 47. 16
`(2) However, the OHS inspector may enter a place under 17
subsection (1)(a), (c), (d) or (e) only if the OHS inspector has 18
reasonable grounds to believe there are likely to be at the 19
place documents relating to a facility that is, or to facility 20
operations that are, the subject of the inspection. 21
`(3) For the purpose of asking the occupier of a place for consent 22
to enter, an OHS inspector may, without the occupier's 23
consent or a warrant-- 24
(a) enter land around premises at the place to an extent that 25
is reasonable to contact the occupier; or 26
(b) enter part of the place the OHS inspector reasonably 27
considers members of the public ordinarily are allowed 28
to enter when they wish to contact the occupier. 29
`(4) In this section-- 30
place of business does not include a part of the place where an 31
individual resides. 32
s 19 70 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`46 Inspector's additional entry power for facility 1
`An OHS inspector may, for the purpose of an inspection, 2
enter a facility at any reasonable time, other than a part of the 3
facility where an individual resides. 4
`47 Inspector's additional entry power for particular 5
regulated business premises 6
`(1) An OHS inspector may, for the purpose of an inspection, enter 7
regulated business premises, other than a facility, at any 8
reasonable time, other than a part of the premises where an 9
individual resides. 10
`(2) However, the OHS inspector may enter the premises only if 11
the OHS inspector has reasonable grounds to believe there are 12
likely to be at the premises documents relating to a facility 13
that is, or to facility operations that are, the subject of the 14
inspection. 15
`Subdivision 2 Procedure for entry 16
`48 Entry with consent 17
`(1) This section applies if an OHS inspector intends to ask an 18
occupier of a place to consent to the OHS inspector entering 19
the place under section 45(1)(a). 20
`(2) Before asking for the consent, the OHS inspector must-- 21
(a) tell the occupier-- 22
(i) the purpose of the entry; and 23
(ii) that the occupier is not required to consent; and 24
(b) take reasonable steps to produce, for inspection by the 25
occupier, the OHS inspector's identity card. 26
`(3) The OHS inspector must, on being requested to do so by the 27
occupier, produce each of the following for inspection by the 28
occupier-- 29
(a) a copy of the Safety Authority's written direction, if any, 30
to conduct the inspection; 31
s 19 71 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) a copy of the restrictions, if any, imposed on the powers 1
of the OHS inspector under section 43(4). 2
`(4) If the consent is given, the OHS inspector may ask the 3
occupier to sign an acknowledgment of the consent. 4
`(5) The acknowledgment must state-- 5
(a) the occupier has been told-- 6
(i) the purpose of the entry; and 7
(ii) that the occupier is not required to consent; and 8
(b) the purpose of the entry; and 9
(c) the occupier gives the OHS inspector consent to enter 10
the place and exercise powers under this division; and 11
(d) the time and date the consent was given. 12
`(6) If the occupier signs an acknowledgment, the OHS inspector 13
must immediately give a copy to the occupier. 14
`(7) If-- 15
(a) an issue arises in a proceeding about whether the 16
occupier consented to the entry; and 17
(b) an acknowledgment complying with subsection (4) for 18
the entry is not produced in evidence; 19
the onus of proof is on the person relying on the lawfulness of 20
the entry to prove the occupier consented. 21
`49 Application for warrant 22
`(1) An OHS inspector may apply to a magistrate for a warrant for 23
a place. 24
`(2) The application must be sworn and state the grounds on which 25
the warrant is sought. 26
`(3) The magistrate may refuse to consider the application until the 27
OHS inspector gives the magistrate all the information the 28
magistrate requires about the application in the way the 29
magistrate requires. 30
s 19 72 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
1
Example--
2
The magistrate may require additional information supporting the
3
application to be given by statutory declaration.
`50 Issue of warrant 4
`(1) The magistrate may issue a warrant only if the magistrate is 5
satisfied there are reasonable grounds for suspecting there are 6
documents at the place that relate to a facility that is, or to 7
facility operations that are, the subject of an inspection. 8
`(2) The warrant must state-- 9
(a) that a stated OHS inspector may, with necessary and 10
reasonable help and force-- 11
(i) enter the place and any other place necessary for 12
entry; and 13
(ii) exercise the OHS inspector's powers under this 14
division; and 15
(b) the purposes for which the warrant is issued; and 16
(c) the hours of the day or night when the place may be 17
entered; and 18
(d) the date, within 14 days after the warrant's issue, the 19
warrant ends. 20
`51 Application by electronic communication and 21
duplicate warrant 22
`(1) An application under section 49 may be made by phone, fax, 23
email, radio, videoconfercing or another form of electronic 24
communication if the OHS inspector considers it necessary 25
because of-- 26
(a) urgent circumstances; or 27
(b) other special circumstances, including, for example, the 28
OHS inspector's remote location. 29
`(2) The application-- 30
(a) may not be made before the OHS inspector prepares the 31
written application under section 49; but 32
s 19 73 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) may be made before the written application is sworn. 1
`(3) The magistrate may issue the warrant (the original warrant) 2
only if the magistrate is satisfied-- 3
(a) it was necessary to make the application under 4
subsection (1); and 5
(b) the way the application was made under subsection (1) 6
was appropriate. 7
`(4) After the magistrate issues the original warrant-- 8
(a) if there is a reasonably practicable way of immediately 9
giving a copy of the warrant to the OHS inspector, for 10
example, by sending a copy by fax or email, the 11
magistrate must immediately give a copy of the warrant 12
to the OHS inspector; or 13
(b) otherwise-- 14
(i) the magistrate must tell the OHS inspector the date 15
and time the warrant is issued and the other terms 16
of the warrant; and 17
(ii) the OHS inspector must complete a form of 18
warrant, including by writing on it-- 19
(A) the magistrate's name; and 20
(B) the date and time the magistrate issued the 21
warrant; and 22
(C) the other terms of the warrant. 23
`(5) The copy of the warrant mentioned in subsection (4)(a), or the 24
form of warrant completed under subsection (4)(b) (in either 25
case the duplicate warrant), is a duplicate of, and as effectual 26
as, the original warrant. 27
`(6) The OHS inspector must, at the first reasonable opportunity, 28
send the magistrate-- 29
(a) the written application complying with section 49(2) 30
and (3); and 31
(b) if the OHS inspector completed a form of warrant under 32
subsection (4)(b)--the completed form of warrant. 33
`(7) The magistrate must keep the original warrant and, on 34
receiving the documents under subsection (6)-- 35
s 19 74 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) attach the documents to the original warrant; and 1
(b) give the original warrant and documents to the clerk of 2
the court of the relevant magistrates court. 3
`(8) Despite subsection (5), if-- 4
(a) an issue arises in a proceeding about whether an 5
exercise of a power was authorised by a warrant issued 6
under this section; and 7
(b) the original warrant is not produced in evidence; 8
the onus of proof is on the person relying on the lawfulness of 9
the exercise of the power to prove a warrant authorised the 10
exercise of the power. 11
`(9) This section does not limit section 49. 12
`(10) In this section-- 13
relevant magistrates court, in relation to a magistrate, means 14
the Magistrates Court that the magistrate constitutes under the 15
Magistrates Act 1991. 16
`52 Defect in relation to a warrant 17
`(1) A warrant is not invalidated by a defect in the warrant, or in 18
compliance with section 49, 50 or 51, unless the defect affects 19
the substance of the warrant in a material particular. 20
`(2) In this section-- 21
warrant includes a duplicate warrant mentioned in section 22
51(5). 23
`53 Warrants--procedure before entry 24
`(1) This section applies if an OHS inspector named in a warrant 25
issued under this division for a place is intending to enter the 26
place under the warrant. 27
`(2) Before entering the place, the OHS inspector must do or make 28
a reasonable attempt to do the following things-- 29
(a) identify himself or herself to the occupier of the place 30
by producing a copy of the OHS inspector's identity 31
card; 32
s 19 75 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) give the person a copy of the warrant; 1
(c) tell the person the OHS inspector is permitted by the 2
warrant to enter the place; 3
(d) give the person an opportunity to allow the OHS 4
inspector immediate entry to the place without using 5
force. 6
`(3) However, the OHS inspector need not comply with subsection 7
(2) if the OHS inspector believes on reasonable grounds that 8
immediate entry to the place is required to ensure the effective 9
execution of the warrant is not frustrated. 10
`54 Entry of facility 11
`(1) This section applies if an OHS inspector enters a facility 12
under section 46. 13
`(2) Immediately on entering the facility, the OHS inspector must 14
take reasonable steps to notify the purpose of entering the 15
facility to-- 16
(a) the operator's representative at the facility; and 17
(b) if there is a health and safety representative for a 18
designated work group having a group member likely to 19
be affected by the matter the subject of the 20
inspection--the representative. 21
`(3) On being requested to do so by a person mentioned in 22
subsection (2)(a) or (b), the OHS inspector must produce each 23
of the following for inspection by the person-- 24
(a) the OHS inspector's identity card; 25
(b) a copy of the Safety Authority's written direction, if any, 26
to conduct the inspection; 27
(c) a copy of the restrictions, if any, imposed on the powers 28
of the OHS inspector under section 43(4). 29
`(4) If there is a health and safety representative for a designated 30
work group having a group member likely to be affected by 31
the matter the subject of the inspection, the OHS inspector 32
must give the health and safety representative a reasonable 33
opportunity to consult on the matter. 34
s 19 76 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`55 Entry of particular regulated business premises 1
`(1) This section applies if an OHS inspector enters regulated 2
business premises, other than a facility, under section 47. 3
`(2) Immediately on entering the premises, the OHS inspector 4
must take reasonable steps to notify the purpose of the entry to 5
the occupier of the premises. 6
`(3) On being requested to do so by the occupier, the OHS 7
inspector must produce each of the following for inspection 8
by the occupier-- 9
(a) the OHS inspector's identity card; 10
(b) a copy of the Safety Authority's written direction, if any, 11
to conduct the inspection; 12
(c) a copy of the restrictions, if any, imposed on the powers 13
of the OHS inspector under section 43(4). 14
`Subdivision 3 Powers after entering a place 15
`56 Application of sdiv 3 16
`(1) This subdivision applies if an OHS inspector has, under 17
subdivision 2, entered a place. 18
`(2) However, if, under section 45(3), an OHS inspector enters a 19
place to ask the occupier's consent to enter premises, this 20
subdivision applies to the OHS inspector only if the consent is 21
given or the entry is otherwise authorised. 22
`57 General powers--facility 23
`If the place is a facility, the OHS inspector may do all or any 24
of the following-- 25
(a) search any part of the facility; 26
(b) inspect, examine, take measurements of, or conduct 27
tests concerning, a workplace at the facility or any plant, 28
substance or thing at the facility; 29
s 19 77 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(c) take photographs of, make video recordings of, or make 1
sketches of, a workplace at the facility or any plant, 2
substance or thing at the facility; 3
(d) inspect, take extracts from, or make copies of, any 4
documents at the facility that the OHS inspector has 5
reasonable grounds to believe relate, or are likely to 6
relate, to the subject matter of the inspection; 7
(e) inspect the seabed and subsoil in the vicinity of the 8
facility. 9
`58 General powers--other places 10
`If the place is not a facility, the OHS inspector may search 11
for, inspect, take extracts from, or make copies of, any 12
documents at the premises that relate to a facility that is, or to 13
facility operations that are, the subject of the inspection. 14
`59 Obstructing or hindering OHS inspector 15
`A person must not, without reasonable excuse, obstruct or 16
hinder an OHS inspector in the exercise of the inspector's 17
powers under this division. 18
Maximum penalty--55 penalty units. 19
`Subdivision 4 Other powers 20
`60 Definition for sdiv 4 21
`In this subdivision-- 22
prescribed person means any of the following persons-- 23
(a) the operator of a facility; 24
(b) the person in charge of operations at a workplace in 25
relation to a facility; 26
(c) a member of the workforce at a facility; 27
(d) a person representing a person mentioned in paragraph 28
(a) or (b). 29
s 19 78 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`61 Power to require assistance and information 1
`(1) An OHS inspector may, to the extent it is reasonably 2
necessary to do so in connection with the conduct of an 3
inspection, require a prescribed person to provide the OHS 4
inspector with reasonable assistance and facilities-- 5
(a) reasonably connected with the conduct of the inspection 6
at or near the facility; or 7
(b) for the effective exercise of the OHS inspector's powers 8
under this schedule in connection with the conduct of 9
the inspection at or near the facility. 10
`(2) The reasonable assistance mentioned in subsection (1) 11
includes, in relation to the operator of the facility-- 12
(a) appropriate transport to or from the facility for-- 13
(i) the OHS inspector; and 14
(ii) any equipment required by the OHS inspector; 15
(iii) an article of which the OHS inspector has taken 16
possession; and 17
(b) reasonable accommodation and means of subsistence 18
while the OHS inspector is at the facility. 19
`(3) A prescribed person must not fail, without reasonable excuse, 20
to comply with a requirement under this section. 21
Maximum penalty--33 penalty units or 6 months 22
imprisonment. 23
`62 Power to require the answering of questions and the 24
production of documents or articles 25
`(1) If an OHS inspector believes on reasonable grounds that a 26
prescribed person is capable of answering a question that is 27
reasonably connected with the conduct of an inspection, the 28
OHS inspector may, to the extent it is reasonably necessary to 29
do so in connection with the conduct of the inspection, require 30
the person to answer the question put by the OHS inspector. 31
`(2) If, when a requirement under subsection (1) is imposed on a 32
person, the person is not physically present on regulated 33
s 19 79 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
business premises, the person is not obliged to comply with 1
the requirement unless the requirement-- 2
(a) is in writing; and 3
(b) states the day on or before which the question is to be 4
answered, being at least 14 days after the day on which 5
the requirement is imposed; and 6
(c) is accompanied by a statement to the effect that a failure 7
to comply with the requirement is an offence. 8
`(3) If an OHS inspector believes on reasonable grounds that a 9
prescribed person is capable of producing a document or 10
article that is reasonably connected with the conduct of an 11
inspection, the OHS inspector may, to the extent it is 12
reasonably necessary to do so in connection with the conduct 13
of the inspection, require the person to produce the document 14
or article. 15
`(4) If, when a requirement under subsection (3) is imposed on a 16
person, the person is not physically present on regulated 17
business premises, the person is not obliged to comply with 18
the requirement unless the requirement-- 19
(a) is in writing; and 20
(b) states the day on or before which the document or article 21
is to be produced, being at least 14 days after the day on 22
which the requirement is imposed; and 23
(c) is accompanied by a statement to the effect that a failure 24
to comply with the requirement is an offence. 25
`(5) A person must not-- 26
(a) fail, without reasonable excuse, to comply with a 27
requirement under this section; or 28
(b) in purported compliance with a requirement under this 29
section, give information that is false or misleading in a 30
material particular. 31
Maximum penalty--33 penalty units or 6 months 32
imprisonment. 33
s 19 80 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`63 Privilege against self-incrimination 1
`(1) A person is not excused from answering a question or 2
producing a document or article when required to do so under 3
section 62 on the ground that the answer to the question, or 4
the production of the document or article, may tend to 5
incriminate the person or make the person liable to a penalty. 6
`(2) However, none of the following is admissible in evidence 7
against the person in civil proceedings or criminal 8
proceedings, other than proceedings for an offence against 9
section 62-- 10
(a) the answer given or document or article produced; or 11
(b) answering the question or producing the document or 12
article; or 13
(c) any information, document or thing obtained as a direct 14
or indirect consequence of the answering of the question 15
or the production of the document or article. 16
`64 Power to take possession of plant, take samples of 17
substances etc. 18
`(1) In conducting an inspection, an OHS inspector may, to the 19
extent it is reasonably necessary for the purposes of 20
inspecting, examining, taking measurements of or conducting 21
tests concerning, any plant, substance or thing at a facility in 22
connection with the inspection-- 23
(a) take possession of the plant, substance or thing and 24
remove it from the facility; or 25
(b) take a sample of the substance or thing and remove the 26
sample from the facility. 27
`(2) On taking possession of plant, a substance or a thing, or 28
taking a sample of a substance or thing, the OHS inspector 29
must, by notice in writing, inform the following person of the 30
taking of possession or the taking of the sample, as the case 31
may be, and the reasons for it-- 32
(a) the operator of the facility; and 33
(b) if the plant, substance or thing is used for the 34
performance of work by an employer of a member or 35
s 19 81 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
members of the workforce at the facility other than the 1
operator of the facility--the employer; and 2
(c) if the plant, substance or thing is owned by a person 3
other than a person mentioned in paragraph (a) or 4
(b)--the person; and 5
(d) if there is a health and safety representative for a 6
designated work group that includes a member of the 7
workforce who is affected by the matter to which the 8
inspection relates--the representative. 9
`(3) If the OHS inspector gives the notice to the operator of the 10
facility to which the inspection relates, the operator's 11
representative at the facility must cause the notice to be 12
displayed in a prominent place at the workplace from which 13
the plant, substance or thing was removed. 14
`(4) If the OHS inspector takes possession of plant, a substance or 15
a thing at a workplace for the purpose of inspecting, 16
examining, taking measurements of or conducting tests 17
concerning, the plant, substance or thing, the OHS inspector 18
must-- 19
(a) ensure the inspection, examination, measuring or testing 20
is conducted as soon as practicable; and 21
(b) return it to the workplace as soon as practicable 22
afterwards. 23
`(5) As soon as practicable after completing the inspection, 24
examination, measurement or testing, the investigator must 25
give a written statement of the results to each person whom 26
the investigator is required to notify under subsection (2). 27
`65 Power to direct that workplace etc not be disturbed 28
`(1) An OHS inspector may give a direction under subsection (2) 29
if, in conducting an inspection, the OHS inspector has 30
reasonable grounds to believe it is reasonably necessary to do 31
so in order to-- 32
(a) remove an immediate threat to the health or safety of a 33
person; or 34
s 19 82 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(b) allow the inspection, examination or taking of 1
measurements of, or conducting of tests concerning, a 2
facility or any plant, substance or thing at the facility. 3
`(2) If subsection (1) applies, the OHS inspector may direct, by 4
written notice given to the operator's representative at the 5
facility, that the operator must ensure a particular workplace, 6
plant, substance or thing not be disturbed for a period stated in 7
the direction. 8
`(3) The period stated in the direction must be a period the OHS 9
inspector has reasonable grounds to believe is necessary in 10
order to remove the threat or to allow the inspection, 11
examination, measuring or testing to take place. 12
`(4) The direction may be renewed by another direction in the 13
same terms. 14
`(5) If an OHS inspector gives a notice to the operator's 15
representative under subsection (2), the operator's 16
representative must cause the notice to be displayed in a 17
prominent place at the workplace-- 18
(a) that is to be left undisturbed; or 19
(b) where the plant, substance or thing that is to be left 20
undisturbed is located. 21
`(6) As soon as practicable after giving the direction, the OHS 22
inspector must take reasonable steps to notify the following 23
persons of the direction and the reasons for giving it-- 24
(a) if the workplace, plant, substance or thing to which the 25
direction relates is owned by a person other than the 26
operator of the facility--the person; and 27
(b) if there is a health and safety representative for a 28
designated work group including a group member 29
performing work at a workplace, or involving the plant, 30
substance or thing, to which the direction relates--the 31
representative. 32
`(7) The operator of a facility to which a direction concerning a 33
workplace, plant, substance or a thing relates must ensure the 34
direction is complied with. 35
Maximum penalty--275 penalty units. 36
s 19 83 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(8) A direction under subsection (2) must be accompanied by a 1
statement setting out the reasons for the direction. 2
`66 Power to issue prohibition notices 3
`(1) An OHS inspector may issue a prohibition notice, in writing, 4
to the operator of a facility if, having conducted an inspection, 5
an OHS inspector is satisfied on reasonable grounds it is 6
reasonably necessary to issue the notice to the operator of the 7
facility in order to remove an immediate threat to the health or 8
safety of a person. 9
`(2) The notice must be issued to the operator by giving it to the 10
operator's representative at the facility. 11
`(3) The notice must-- 12
(a) state the activity in relation to which, in the OHS 13
inspector's opinion, the threat to health or safety has 14
arisen, and set out the reasons for the opinion; and 15
(b) either-- 16
(i) direct the operator to ensure the activity is not 17
engaged in; or 18
(ii) direct the operator to ensure the activity is not 19
engaged in in a stated manner. 20
`(4) A stated manner may relate to any 1 or more of the 21
following-- 22
(a) a workplace, or part of a workplace, at which the 23
activity is not to be engaged in; 24
(b) any plant or substance that is not to be used in 25
connection with the activity; 26
(c) a procedure that is not to be followed in connection with 27
the activity. 28
`(5) The notice may state action that may be taken to satisfy an 29
OHS inspector that adequate action has been taken to remove 30
the threat to health and safety. 31
`(6) The operator's representative at the facility must-- 32
(a) give a copy of the notice to each health and safety 33
representative, if any, for a designated work group 34
s 19 84 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
having group members performing work that is affected 1
by the notice; and 2
(b) cause a copy of the notice to be displayed at a prominent 3
place at or near each workplace at which the work is 4
performed. 5
`(7) If the notice relates to any workplace, plant, substance or 6
thing owned by a person other than the operator, the OHS 7
inspector must, upon issuing the notice, give a copy of the 8
notice to the person. 9
`67 Compliance with prohibition notice 10
`(1) An operator must ensure a prohibition notice issued to the 11
operator is complied with. 12
Maximum penalty--275 penalty units. 13
`(2) If an OHS inspector is satisfied action taken by the operator to 14
remove the threat to health and safety in relation to which the 15
notice was issued is not adequate, the OHS inspector must 16
inform the operator accordingly. 17
`(3) A prohibition notice ceases to have effect when an OHS 18
inspector notifies the operator that the OHS inspector is 19
satisfied the operator has taken adequate action to remove the 20
threat to health or safety. 21
`(4) In making a decision under subsection (2), an OHS inspector 22
may exercise any of the powers of an OHS inspector 23
conducting an inspection that the OHS inspector considers 24
necessary for the purposes of making the decision. 25
`68 Power to issue improvement notices 26
`(1) An OHS inspector may issue an improvement notice, in 27
writing, to a person (a responsible person) if, in conducting 28
an inspection, the OHS inspector believes on reasonable 29
grounds that the responsible person-- 30
(a) is contravening a provision of a listed OHS law; or 31
(b) has contravened a provision of a listed OHS law and is 32
likely to contravene that provision again. 33
s 19 85 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(2) If the responsible person is the operator, the improvement 1
notice may be issued to the operator by giving it to the 2
operator's representative at the facility. 3
`(3) If the responsible person is an employer, other than the 4
operator, of members of the workforce, but it is not 5
practicable to give the notice to the employer-- 6
(a) the improvement notice may be issued to the employer 7
by giving it to the operator's representative at the 8
facility; and 9
(b) if the notice is issued to the operator's representative at 10
the facility--the operator must ensure a copy of the 11
notice is given to the employer as soon as practicable 12
afterwards. 13
`(4) The notice-- 14
(a) must state the contravention the OHS inspector believes 15
is occurring or is likely to occur, and the reasons for the 16
belief; and 17
(b) must state a reasonable period within which the 18
responsible person is to take the action necessary to 19
prevent any further contravention or to prevent the likely 20
contravention, as the case may be; and 21
(c) may state action the responsible person is to take during 22
the period stated in the notice. 23
`(5) If the OHS inspector believes on reasonable grounds it is 24
appropriate to do so, the OHS inspector may, in writing and 25
before the end of the period, extend the period stated in the 26
notice. 27
`(6) If an improvement notice is issued to an employer, other than 28
the operator, of members of the workforce in circumstances 29
other than the circumstance mentioned in subsection (3), the 30
employer must immediately ensure a copy of the notice is 31
given to the operator's representative at the facility. 32
`(7) If a notice is issued to the operator or an employer, other than 33
the operator, of members of the workforce, the operator's 34
representative at the facility must-- 35
(a) give a copy of the notice to each health and safety 36
representative for a designated work group having group 37
s 19 86 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
members performing work that is affected by the notice; 1
and 2
(b) cause a copy of the notice to be displayed in a prominent 3
place at or near each workplace at which the work is 4
being performed. 5
`(8) On issuing a notice, the OHS inspector must give a copy of 6
the notice to-- 7
(a) if the notice is given to a member of the workforce who 8
is an employee and the notice relates to work performed 9
by the employee--the employer of the employee; and 10
(b) if the notice relates to any workplace, plant, substance or 11
thing owned by a person other than a responsible person 12
or an employer mentioned in paragraph (a)--the owner; 13
and 14
(c) if the notice is issued to a person who owns any 15
workplace, plant, substance or thing, because of which a 16
contravention of a listed OHS law has occurred or is 17
likely to occur-- 18
(i) the operator of the facility; and 19
(ii) if the employer of employees who work in the 20
workplace or who use the plant, substance or thing 21
is a person other than the operator--the employer. 22
`69 Compliance with improvement notice 23
`A person to whom an improvement notice is issued must 24
comply with the notice to the extent that the notice relates to a 25
matter over which the person has control. 26
Maximum penalty--110 penalty units. 27
`70 Notices not to be tampered with or removed 28
`(1) A person must not, without reasonable excuse, tamper with a 29
notice displayed under section 64(3), 65(5), 66(6) or 68(7). 30
Maximum penalty--110 penalty units. 31
`(2) If a notice is displayed under section 64(3), a person must not, 32
without reasonable excuse, remove the notice until the plant 33
s 19 87 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
or thing to which the notice relates is returned to the 1
workplace from which it was removed. 2
Maximum penalty--110 penalty units. 3
`(3) If a notice is displayed under section 65(5), 66(6) or 68(7), a 4
person must not, without reasonable excuse, remove the 5
notice before it has ceased to have effect. 6
Maximum penalty--110 penalty units. 7
`Division 4 Reports on inspections 8
`71 Reports on inspections 9
`(1) If an OHS inspector has conducted an inspection, the OHS 10
inspector must, as soon as practicable, prepare a written report 11
relating to the inspection and give the report to the Safety 12
Authority. 13
`(2) The report must include-- 14
(a) the OHS inspector's conclusions from conducting the 15
inspection and the reasons for those conclusions; and 16
(b) any recommendations that the OHS inspector wishes to 17
make arising from the inspection; and 18
(c) any other prescribed matters. 19
`(3) As soon as practicable after receiving the report, the Safety 20
Authority must give a copy of the report, with any written 21
comments that it wishes to make, to each of the following 22
persons-- 23
(a) the operator of the facility to which the report relates; 24
(b) if the report relates to activities performed by an 25
employee of another person--the other person; 26
(c) if the report relates to any plant, substance or thing 27
owned by another person--the other person. 28
`(4) The Safety Authority may, in writing, request the operator or 29
another person to whom the report is given to provide to the 30
Safety Authority, within a reasonable period stated in the 31
request, details of-- 32
s 19 88 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) any action proposed to be taken as a result of the 1
conclusions or recommendations contained in the 2
report; and 3
(b) if a notice has been issued under section 66 or 68 in 4
relation to work being performed for the operator or the 5
other person--any action taken, or proposed to be taken, 6
in relation to the notice. 7
`(5) The operator or other person must comply with the request. 8
Maximum penalty--110 penalty units. 9
`(6) As soon as practicable after receiving a report, the operator of 10
a facility must give a copy of the report, together with any 11
written comment made by the Safety Authority on the 12
report-- 13
(a) if there is a least 1 health and safety committee in 14
relation to some or all of the members of the 15
workforce--to each health and safety committee; and 16
(b) if there is no health and safety committee in relation to 17
some or all of the members of the workforce, but some 18
or all of those members, in relation to which there is no 19
such committee, are in at least 1 designated work group 20
for which there is a health and safety representative--to 21
each health and safety representative. 22
Maximum penalty--110 penalty units. 23
`Division 5 Appeals 24
`72 Appeals 25
`(1) Subsections (2) and (3) apply if an OHS inspector, in 26
conducting an inspection or having conducted an inspection-- 27
(a) decides, under section 36, to confirm or vary a 28
provisional improvement notice; or 29
(b) decides, under section 64, to take possession of plant, a 30
substance or a thing at a workplace; or 31
s 19 89 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(c) decides, under section 65, to direct that a workplace, a 1
part of a workplace, plant, a substance or a thing not be 2
disturbed; or 3
(d) decides, under section 66, to issue a prohibition notice; 4
or 5
(e) decides, under section 67, that the operator of a facility 6
to whom a prohibition notice has been issued has not 7
taken adequate action to remove the threat to health and 8
safety that caused the notice to be issued; or 9
(f) decides, under section 68, to issue an improvement 10
notice. 11
`(2) A person mentioned in subsection (3) may appeal to the 12
reviewing authority against the decision, by giving notice in 13
writing to the reviewing authority. 14
`(3) The following persons may appeal, as applicable-- 15
(a) the operator of the facility or an employer, other than the 16
operator, who is affected by the decision; or 17
(b) a person to whom a notice has been issued under 18
section 35(3) or 68(1); or 19
(c) the health and safety representative for a designated 20
work group having a group member affected by the 21
decision; or 22
(d) a workforce representative in relation to the designated 23
work group including a group member who is affected 24
by the decision and who has requested the workforce 25
representative to make the appeal; or 26
(e) if there is no designated work group, and a member of 27
the workforce affected by the decision has requested a 28
workforce representative in relation to the member to 29
make the appeal--the workforce representative; or 30
(f) a person who owns any workplace, plant, substance or 31
thing to which a decision mentioned in 32
subsection (1)(a), (b), (c) or (f) relates. 33
`(4) Subsection (5) applies if an OHS inspector, having conducted 34
an inspection-- 35
s 19 90 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) decides under section 36 to cancel a provisional 1
improvement notice; or 2
(b) decides under section 67 that the operator of a facility to 3
whom a prohibition notice has been issued has taken 4
adequate action to remove the threat to health and safety 5
that caused the notice to be issued. 6
`(5) A following person may appeal to the reviewing authority 7
against the decision, by giving notice in writing to the 8
reviewing authority-- 9
(a) the health and safety representative for a designated 10
work group having a group member affected by the 11
decision; or 12
(b) a workforce representative in relation to the designated 13
work group that includes a group member who is 14
affected by the decision and who has requested the 15
workforce representative to make the appeal; or 16
(c) if there is no designated work group, and a member of 17
the workforce affected by the decision has requested a 18
workforce representative in relation to the member to 19
make the appeal--that workforce representative. 20
`(6) Subject to this section, giving notice of an appeal does not 21
affect the operation of the decision appealed against or 22
prevent the taking of action to implement that decision, except 23
to the extent the reviewing authority makes an order to the 24
contrary. 25
`(7) If the decision appealed against is a decision under section 68 26
to issue an improvement notice, the operation of the decision 27
is suspended pending determination of the appeal, except to 28
the extent the reviewing authority makes an order to the 29
contrary. 30
`(8) If the decision appealed against is a decision of an OHS 31
inspector under section 36 to confirm or vary a provisional 32
improvement notice whose operation has been suspended 33
pending the inspection of the matter to which the notice 34
relates, the operation of the notice is further suspended 35
pending determination of the appeal, except to the extent the 36
reviewing authority makes an order to the contrary. 37
s 19 91 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`73 Powers of reviewing authority on appeal 1
`(1) On an appeal, the reviewing authority may-- 2
(a) affirm, vary or revoke the decision appealed against; and 3
(b) if it revokes the decision--substitute another decision of 4
the kind appealed against that the reviewing authority 5
thinks appropriate. 6
`(2) If the decision is varied or revoked or revoked with the 7
substitution of another decision, the decision is taken to have 8
effect, and always to have had effect, accordingly. 9
`(3) If the decision appealed against is a decision under section 64 10
to take possession of plant, a substance or a thing at a 11
workplace and the decision is not affirmed, the OHS inspector 12
who made the decision must ensure, to the extent the decision 13
is not affirmed, the plant, substance or thing is returned to the 14
workplace as soon as practicable. 15
`Part 5 General 16
`74 Notifying and reporting accidents and dangerous 17
occurrences 18
`(1) This section applies if, at or near a facility, there is-- 19
(a) an accident causing the death of, or serious personal 20
injury to, any person; or 21
(b) an accident causing a member of the workforce to be 22
incapacitated from performing work for a period 23
prescribed for the purposes of this paragraph; or 24
(c) a dangerous occurrence. 25
`(2) The operator must, under the regulations, give the Safety 26
Authority notice of, and a report about, the accident or 27
dangerous occurrence. 28
`(3) A regulation made for the purposes of subsection (2) may 29
prescribe-- 30
s 19 92 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) the time within which, and the manner in which, notice 1
of an accident or dangerous occurrence is to be given, 2
and the form of the notice; and 3
(b) the time within which, and the manner in which, a report 4
of an accident or dangerous occurrence is to be given, 5
and the form of the report. 6
`(4) Subsection (3) does not limit regulations that may be made for 7
the purposes of subsection (2). 8
`75 Records of accidents and dangerous occurrences to 9
be kept 10
`(1) The operator of a facility must maintain, under the 11
regulations, a record of each accident or dangerous occurrence 12
in relation to which the operator is required under section 74 13
to notify the Safety Authority. 14
`(2) A regulation made for the purposes of subsection (1) may 15
prescribe-- 16
(a) the nature of the contents of a record maintained under 17
this section; and 18
(b) the period for which the record must be retained. 19
`(3) Subsection (2) does not limit regulations that may be made for 20
the purposes of subsection (1). 21
`76 Codes of practice 22
`(1) The regulations may prescribe codes of practice for the 23
purpose of providing practical guidance to operators of 24
facilities and employers, other than operators, of members of 25
the workforce at facilities. 26
`(2) A person is not liable to any civil or criminal proceedings for 27
contravening a code of practice. 28
`77 Use of codes of practice in proceedings 29
`(1) This section applies if, in proceedings for an offence against a 30
listed OHS law, it is alleged that a person contravened a 31
s 19 93 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
provision of a listed OHS law in relation to which a code of 1
practice was in effect at the time of the alleged contravention. 2
`(2) The code of practice is admissible in evidence in those 3
proceedings. 4
`(3) In relation to a matter the prosecution must prove in order to 5
establish the alleged contravention, the matter is treated as 6
proved if the court is satisfied that-- 7
(a) a provision of the code of practice is relevant to the 8
matter; and 9
(b) the person failed at a material time to comply with the 10
provision of the code of practice. 11
`(4) Subsection (3) does not apply if the court is satisfied that in 12
relation to the matter the person complied with the provision 13
of a listed OHS law otherwise than by complying with the 14
code of practice. 15
`78 Interference with equipment etc 16
`A person must not, without reasonable excuse, do anything 17
resulting in the interference with, or the rendering ineffective 18
of, protective equipment or a safety device provided for the 19
occupational health and safety or welfare of members of the 20
workforce at a facility if the person knew, or ought reasonably 21
to have known, that the equipment or device was protective 22
equipment or a safety device. 23
Maximum penalty--33 penalty units or 6 months 24
imprisonment. 25
`79 Members of workforce not to be levied 26
`The operator of a facility or an employer, other than the 27
operator, of members of the workforce at a facility must not 28
levy, or permit to be levied, on a member of the workforce a 29
charge in relation to anything done or provided in accordance 30
with a listed OHS law in order to ensure the occupational 31
health and safety or welfare of persons at or near the facility. 32
Maximum penalty--275 penalty units. 33
s 19 94 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`80 Victimisation 1
`(1) An employer, whether the operator of a facility or another 2
person, must not do anything mentioned in subsection (2) in 3
relation to an employee because the employee-- 4
(a) has complained or proposes to complain about a matter 5
concerning the health, safety or welfare of employees at 6
work; or 7
(b) has assisted or proposes to assist, by giving information 8
or otherwise, the conduct of an inspection; or 9
(c) has ceased, or proposes to cease, to perform work, in 10
accordance with a direction by a health and safety 11
representative under section 41(2)(b) or (5)(a), and the 12
cessation or proposed cessation does not continue 13
after-- 14
(i) the health and safety representative has agreed 15
with a person supervising the work that the 16
cessation or proposed cessation was not, or is no 17
longer, necessary; or 18
(ii) an OHS inspector has, under section 41(8), made a 19
decision to the effect that the employee should 20
perform the work. 21
Maximum penalty--275 penalty units. 22
`(2) For subsection (1), the things are-- 23
(a) dismiss the employee; or 24
(b) perform an act resulting in injury to the employee in the 25
employee's employment; or 26
(c) perform an act that prejudicially alters the employee's 27
position, whether by deducting or withholding 28
remuneration or by another means; or 29
(d) threaten to do something mentioned in paragraphs (a) to 30
(c). 31
`(3) In proceedings for an offence against subsection (1), if all the 32
relevant facts and circumstances, other than the reason for an 33
action alleged in the charge, are proved, the defendant has the 34
onus of establishing that the action was not taken for that 35
reason. 36
s 19 95 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`81 Institution of prosecutions 1
`(1) Proceedings for an offence against a listed OHS law may be 2
instituted by the Safety Authority or by an OHS inspector. 3
`(2) A health and safety representative for a designated work 4
group may request the Safety Authority to institute 5
proceedings for an offence against a listed OHS law in 6
relation to the occurrence of an act or omission if-- 7
(a) a period of 6 months has elapsed since the act or 8
omission occurred; and 9
(b) the health and safety representative considers the 10
occurrence of the act or omission constitutes an offence 11
against a listed OHS law; and 12
(c) proceedings in relation to the offence have not been 13
instituted. 14
`(3) A workforce representative in relation to a designated work 15
group may request the Safety Authority to institute 16
proceedings for an offence against a listed OHS law in 17
relation to the occurrence of an act or omission if-- 18
(a) a period of 6 months has elapsed since the act or 19
omission occurred; and 20
(b) the workforce representative considers the occurrence of 21
the act or omission constitutes an offence against a listed 22
OHS law; and 23
(c) proceedings in relation to the offence have not been 24
instituted; and 25
(d) a group member included in the group requests the 26
workforce representative to request the Safety Authority 27
to institute the proceedings. 28
`(4) A request under subsection (2) or (3) must be in writing. 29
`(5) The Safety Authority must, within 3 months after receiving 30
the request, advise the health and safety representative or the 31
workforce representative, as the case may be, whether 32
proceedings under subsection (1) have been or will be 33
instituted, and, if not, give reasons why not. 34
s 19 96 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`82 Role of Commonwealth DPP 1
`The Commonwealth Director of Public Prosecutions has the 2
same functions and powers in relation to an offence against a 3
listed OHS law as he or she would have if the offence were an 4
offence against a law of the Commonwealth, including the 5
power to institute and carry on an appeal arising out of a 6
prosecution for that offence. 7
`83 Conduct of directors, employees and agents 8
`(1) This section has effect for a proceeding for an offence against 9
a listed OHS law. 10
`(2) If it is necessary to establish the state of mind of a corporation 11
in relation to particular conduct, it is sufficient to show-- 12
(a) that the conduct was engaged in by a director, employee 13
or agent of the corporation within the scope of actual or 14
apparent authority; and 15
(b) that the director, employee or agent had the state of 16
mind. 17
`(3) Conduct engaged in on behalf of a corporation by a director, 18
employee or agent of the corporation within the scope of 19
actual or apparent authority is taken to have been engaged in 20
also by the corporation unless it establishes that it took 21
reasonable precautions and exercised due diligence to avoid 22
the conduct. 23
`(4) If it is necessary to establish the state of mind of an individual 24
in relation to particular conduct, it is sufficient to show-- 25
(a) that the conduct was engaged in by an employee or 26
agent of the individual within the scope of actual or 27
apparent authority; and 28
(b) that the employee or agent had the state of mind. 29
`(5) Conduct engaged in on behalf of an individual by an 30
employee or agent of the individual within the scope of actual 31
or apparent authority is taken to have been engaged in also by 32
the individual unless the individual establishes that he or she 33
took reasonable precautions and exercised due diligence to 34
avoid the conduct. 35
s 19 97 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
`(6) If an individual is found guilty of an offence and the 1
individual would not have been found guilty of the offence if 2
subsections (4) and (5) did not apply, the individual is not 3
liable to be punished by imprisonment for the offence. 4
`(7) A reference in subsection (2) or (4) to the state of mind of a 5
person includes a reference to-- 6
(a) the person's knowledge, intention, opinion, belief or 7
purpose; and 8
(b) the person's reasons for the intention, opinion, belief or 9
purpose. 10
`84 Act not to give rise to other liabilities etc 11
`This schedule does not-- 12
(a) confer a right of action in any civil proceeding in 13
relation to a contravention of a provision of a listed 14
OHS law; or 15
(b) confer a defence to an action in any civil proceeding or 16
otherwise affect a right of action in any civil proceeding. 17
`85 Circumstances preventing compliance may be 18
defence to prosecution 19
`(1) It is a defence to a prosecution for refusing or failing to do 20
anything required by a listed OHS law if the defendant proves 21
it was not practicable to do the thing because of an unforeseen 22
and uncontrollable event prevailing at the relevant time. 23
`(2) This section does not limit chapter 55 of the Criminal Code. 24
`86 Approval of forms 25
`The Minister may approve forms for this schedule. 26
`87 Regulation making power--sch 3 generally 27
`Regulations may prescribe-- 28
5 Chapter 5 (Criminal responsibility) of the Criminal Code
s 19 98 s 19
Petroleum (Submerged Lands) Amendment Bill 2004
(a) procedures for the selection of persons, under section 1
38, as members of health and safety committees, to 2
represent the interests of members of the workforce at a 3
facility; and 4
(b) procedures to be followed at meetings of health and 5
safety committees; and 6
(c) the manner in which notices are to be served under this 7
schedule or the regulations.'. 8
99
Petroleum (Submerged Lands) Amendment Bill 2004
Schedule Minor amendments 1
section 3 2
1 Penalties for sections 19, 39, 60, 72(2) and 74(1), 3
`$50 000'-- 4
omit, insert-- 5
`670 penalty units'. 6
2 Penalties for sections 34, 35, 82(1), 96, 97, 98, 100, 101(7), 7
107, 111(9), 112(10), 117, 120, 121, 122, and 124, 8
`$10 000'-- 9
omit, insert-- 10
`135 penalty units'. 11
3 Penalties for sections 84, 85, 90, 112(11) and 126, 12
`$5 000'-- 13
omit, insert-- 14
`70 penalty units'. 15
4 Section 119(3), from `penalty'-- 16
omit, insert-- 17
`maximum penalty of 1 300 penalty units or 10 years 18
imprisonment.'. 19
5 Section 125, penalty, `$500'-- 20
omit, insert-- 21
`10 penalty units'. 22
100
Petroleum (Submerged Lands) Amendment Bill 2004
Schedule (continued)
6 Section 133(4)(b)-- 1
omit, insert-- 2
`(b) the maximum penalty that a court of summary 3
jurisdiction may impose in relation to an offence for 4
which the person charged is dealt with summarily under 5
this subsection is 135 penalty units or 2 years 6
imprisonment.'. 7
© State of Queensland 2004
AMENDMENTS TO BILL
1
Petroleum (Submerged Lands) Amendment Bill 2004
Petroleum (Submerged Lands)
Amendment Bill 2004
Amendments agreed to during Consideration
1 Clause 12--
At page 12, line 21, after `section 14'--
insert--
`, the cooperative scheme under the Crimes at Sea Act 2001 or the
Acts Interpretation Act 1954, section 9'.
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