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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Petroleum Legislation Amendment and Repeal
Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Petroleum Act 1967
3. The Act amended 3
4. Section 5 amended 3
5. Section 7AA inserted 7
6. Section 83 repealed 7
7. Section 91 amended 7
8. Section 117A inserted 8
9. Section 118 amended 8
10. Section 119 amended 8
11. Section 119A inserted 9
12. Section 125 amended 9
13. Section 126A inserted 9
14. Part IIIA inserted 11
15. Section 153 amended 13
16. Various sections amended to delete "the regulations"
(Interpretation Act 1984 s. 46) 13
17. Schedule replaced with Schedule 1 14
Part 3 -- Petroleum Pipelines Act 1969
18. The Act amended 92
19. Section 4 amended 92
20. Section 5AA inserted 93
21. Section 36A amended 93
22. Section 55 repealed 94
343--1 page i
Petroleum Legislation Amendment and Repeal Bill 2004
Contents
23. Part IVA inserted 94
24. Section 61 amended 95
25. Section 62 amended 96
26. Section 63 amended 96
27. Section 63A inserted 96
28. Section 65 replaced 97
29. Sections 66BA and 66BB inserted and transitional
provision 97
30. Section 67 amended 99
31. Various sections amended to delete "or the
regulations" (Interpretation Act 1984 s. 46) 100
32. Schedule 1 inserted 100
Part 4 -- Petroleum (Submerged Lands)
Act 1982
33. The Act amended 179
34. Section 4 amended 179
35. Section 11 amended 180
36. Part IIA inserted 180
37. Section 89 repealed 181
38. Section 97 amended 181
39. Section 124B inserted 182
40. Section 125 amended 183
41. Section 126 amended 183
42. Section 126A inserted 183
43. Section 137A inserted 184
44. Part IIIA inserted 186
45. Section 152 amended 195
46. Various sections amended to delete "the regulations"
(Interpretation Act 1984 s. 46) 196
47. Schedule 5 inserted 197
Part 5 -- Other Acts
48. Barrow Island Act 2003 amended 278
49. Industrial Relations Act 1979 amended 278
50. Occupational Safety and Health Act 1984 amended 279
51. Petroleum Safety Act 1999 repealed 279
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Petroleum Legislation Amendment and Repeal
Bill 2004
A Bill for
An Act to amend the --
· Petroleum Act 1967;
· Petroleum Pipelines Act 1969;
· Petroleum (Submerged Lands) Act 1982,
to repeal the Petroleum Safety Act 1999 and to make consequential
amendments to the --
· Barrow Island Act 2003;
· Industrial Relations Act 1979;
· Occupational Safety and Health Act 1984,
to make provision for safety and health matters relating to
petroleum operations, petroleum pipeline operations and offshore
petroleum operations.
The Parliament of Western Australia enacts as follows:
page 1
Petroleum Legislation Amendment and Repeal Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Petroleum Legislation Amendment
and Repeal Act 2004.
2. Commencement
(1) Subject to subsection (3), this Act comes into operation on a day
fixed by proclamation, being a day later than 31 December 2004.
(2) Different days may be fixed under subsection (1) for different
5 provisions.
(3) Section 49 is not to come into operation on a day before the
Mines Safety and Inspection Amendment Act 2004 Part 7
Division 2 comes into operation.
page 2
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 3
Part 2 -- Petroleum Act 1967
3. The Act amended
The amendments in this Part are to the Petroleum Act 1967*.
[* Reprinted as at 14 January 2000.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 287 and
Act No. 4 of 2004.]
4. Section 5 amended
Section 5(1) is amended by inserting in the appropriate
10 alphabetical positions the following definitions --
"
"facility" means a structure for or in connection with
carrying out a petroleum operation;
"listed OSH law" means --
15 (a) section 117A;
(b) Schedule 1;
(c) a regulation made for the purposes of
Schedule 1;
(d) a regulation made for the purposes of
20 section 149B; or
(e) any other written law relating to
occupational safety and health matters that is
prescribed for the purposes of this paragraph;
"operator" --
25 (a) in relation to an operation to explore for
petroleum or the carrying on of such
operations or the execution of such works as
are necessary for that purpose, in a permit
area, means the registered holder of the
30 permit for that area;
page 3
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 4
(b) in relation to an operation to drill for
petroleum or the carrying on of such
operations or the execution of such works as
are necessary for that purpose, in a drilling
5 reservation area, means the registered holder
of the drilling reservation for that area;
(c) in relation to an operation to explore for
petroleum or the carrying on of such
operations or the execution of such works as
10 are necessary for that purpose, in a lease
area, means the registered holder of the lease
for that area;
(d) in relation to --
(i) an operation to recover petroleum in a
15 licence area or to recover petroleum
from a licence area in another area;
(ii) an operation to explore for petroleum in
a licence area; or
(iii) the carrying on of such operations or the
20 execution of such works in a licence
area as are necessary for those purposes,
means the registered holder of the licence for
that area;
(e) in relation to an operation for the mining,
25 obtaining or production of petroleum under
the Barrow Island lease, as defined in
section 128, means the lessee, as defined in
that section;
(f) in relation to a petroleum exploration
30 operation specified in a special prospecting
authority, means the registered holder of the
special prospecting authority;
(g) in relation to a petroleum exploration
operation or an operation related to the
35 recovery of petroleum in or from an area
page 4
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 4
specified in an access authority, means the
registered holder of the access authority;
(h) in relation to the injection of petroleum into
a natural underground reservoir, means a
5 person (other than the Minister) who is a
party to an agreement under section 67(1), or
who has the Minister's approval under
section 67(2), in respect of that injection;
(i) in relation to the injection of carbon dioxide,
10 as defined in section 3 of the Barrow Island
Act 2003, into an underground reservoir or
other subsurface formation, means a person
who has the BI Act Minister's approval
under section 13 of that Act, in respect of
15 that injection;
(j) in relation to any other kind of operation that
is prescribed by the regulations to be a
petroleum operation for the purposes of the
definition of "petroleum operation", means
20 the person prescribed by the regulations to
be the operator of such a petroleum operation
for the purposes of this definition;
"other protected person" means a person who is at or
near a place where a petroleum operation is being
25 carried on at the invitation of, or with the express
or implied consent of --
(a) the operator of the petroleum operation; or
(b) a person in control of a part of the petroleum
operation;
30 "petroleum operation" means --
(a) an operation to explore for petroleum, and
the carrying on of such operations and the
execution of such works as are necessary for
that purpose;
page 5
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 4
(b) an operation to drill for petroleum, and the
carrying on of such operations and the
execution of such works as are necessary for
that purpose;
5 (c) an operation to recover petroleum, and the
carrying on of such operations and the
execution of such works as are necessary for
that purpose;
(d) an operation for the mining, obtaining or
10 production of petroleum under the Barrow
Island lease, as defined in section 128;
(e) the injection of petroleum into a natural
underground reservoir;
(f) the injection of carbon dioxide, as defined in
15 section 3 of the Barrow Island Act 2003, into
an underground reservoir or other subsurface
formation;
(g) any other kind of operation that is prescribed
by the regulations to be a petroleum
20 operation for the purposes of this definition,
but does not include an operation of a kind that is
prescribed by the regulations not to be a petroleum
operation for the purposes of this definition;
"structure" means any fixed, moveable or floating
25 structure or installation and includes a pipeline,
pumping station, tank station and valve station;
".
page 6
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 5
5. Section 7AA inserted
After section 7 the following section is inserted --
"
7AA. Disapplication of State occupational safety and
5 health laws
(1) The prescribed occupational safety and health laws do
not apply in relation to --
(a) a petroleum operation; or
(b) a person engaged in a petroleum operation or
10 any other protected person.
(2) In this section --
"prescribed occupational safety and health laws"
means any laws of the State relating to
occupational safety and health (whether or not
15 they also relate to other matters) that are
prescribed by the regulations for the purposes of
this section.
".
6. Section 83 repealed
20 Section 83 is repealed.
7. Section 91 amended
(1) Section 91(1) is amended by deleting "and shall secure the
safety, health and welfare of persons engaged in those
operations in or about the permit area, drilling reservation, lease
25 area or licence area".
(2) Section 91(3) is amended by deleting "and shall secure the
safety, health and welfare of persons engaged in those
operations in or about that area".
page 7
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 8
8. Section 117A inserted
After section 117 the following section is inserted --
"
117A. Interfering with petroleum operation
5 A person must not intentionally or recklessly --
(a) cause damage to, or interfere with, a well or
any structure or vessel in the State that is, or is
to be, used in a petroleum operation; or
(b) interfere with any petroleum operation.
10 Penalty: imprisonment for 10 years.
".
9. Section 118 amended
(1) Section 118(1) is amended by deleting "the purposes of this Act
and the regulations." and inserting instead --
15 "
such or all of the purposes of this Act as are specified
in the instrument of appointment.
".
(2) Section 118(2) is amended by deleting "he is such an inspector
20 for the purposes of this Act and the regulations." and inserting
instead --
"
the person is an inspector for the purposes specified in
the certificate.
25 ".
10. Section 119 amended
Section 119(1) is amended by deleting "and the regulations,"
and inserting instead --
"
30 , but without affecting the powers of an inspector under
Schedule 1,
".
page 8
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 11
11. Section 119A inserted
After section 119 the following section is inserted --
"
119A. Protection from liability for wrongdoing
5 (1) An action in tort does not lie against a person for
anything that the person has done, in good faith, in the
performance or purported performance of a function
under this Act.
(2) The protection given by subsection (1) applies even
10 though the thing done as described in that subsection
may have been capable of being done whether or not
this Act had been enacted.
(3) Despite subsection (1), the State is not relieved of any
liability that it might have for another person having
15 done anything as described in that subsection.
(4) In this section a reference to the doing of anything
includes a reference to the omission to do anything.
".
12. Section 125 amended
20 Section 125 is amended by deleting "(being an offence arising
under this Part) or the regulations".
13. Section 126A inserted
After section 126 the following section is inserted --
"
25 126A. Evidentiary matters
(1) In a proceeding for an offence against this Act an
averment in the complaint that at a particular time --
(a) a particular operation was a petroleum
operation;
page 9
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 13
(b) a particular person was the operator of a
petroleum operation;
(c) a particular person was in control of a particular
part of a petroleum operation;
5 (d) a particular person was an employer who
carried on a petroleum operation;
(e) a particular person was an employer of a
particular person or particular persons engaged
in a petroleum operation;
10 (f) a particular person was an employee or
inspector,
is to be taken to have been proved in the absence of
evidence to the contrary.
(2) In a proceeding for an offence against this Act, proof is
15 not required as to any of the following matters, unless
evidence is given to the contrary --
(a) a delegation under section 25 by the Minister of
a power or function;
(b) the authority of any person to institute a
20 proceeding for an offence against this Act other
than an offence against a listed OSH law;
(c) the authority of an inspector to institute a
proceeding for an offence against a listed OSH
law.
25 (3) In a proceeding for an offence against this Act,
production of a copy of --
(a) a code of practice;
(b) an Australian Standard; or
(c) an Australian/New Zealand Standard,
30 purporting to be certified by the CEO to be a true copy
as at any date or during any period is, without proof of
the signature of the CEO, sufficient evidence of the
page 10
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 14
contents of the code or practice or Standard as at that
date or during that period.
(4) In subsection (3) --
"Australian Standard" means a document having that
5 title published by Standards Australia;
"Australian/New Zealand Standard" means a
document having that title jointly published by
Standards Australia and the Standards Council of
New Zealand;
10 "CEO" means the chief executive officer of the
department of the Public Service principally
assisting in the administration of this Act.
".
14. Part IIIA inserted
15 After section 149 the following Part is inserted --
"
Part IIIA -- Occupational safety and health
149A. Occupational safety and health
Schedule 1 has effect.
20 149B. Regulations relating to occupational safety and
health
(1) The regulations may make provision in relation to --
(a) the occupational safety and health of a person
engaged in a petroleum operation; or
25 (b) the safety and health of any other protected
person.
page 11
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 14
(2) Without limiting subsection (1), regulations for the
purpose of that subsection may --
(a) require a person who is carrying on a petroleum
operation to establish and maintain a system of
5 management to secure --
(i) the occupational safety and health of a
person engaged in a petroleum
operation; or
(ii) the safety and health of any other
10 protected person;
and
(b) specify requirements with which the system
must comply.
149C. Minister's occupational safety and health functions
15 (1) The Minister has the following functions --
(a) to promote the occupational safety and health
of persons engaged in petroleum operations;
(b) to develop and implement effective monitoring
and enforcement strategies to secure
20 compliance by persons with their occupational
safety and health obligations under this Act;
(c) to investigate accidents, occurrences and
circumstances that affect, or have the potential
to affect, the occupational safety and health of
25 persons engaged in petroleum operations;
(d) to advise persons, either on the Minister's own
initiative or on request, on occupational safety
and health matters relating to petroleum
operations.
30 (2) The Minister has power to do all things necessary or
convenient to be done for or in connection with the
performance of the Minister's functions.
".
page 12
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 15
15. Section 153 amended
Section 153(2) is amended as follows:
(a) after paragraph (j) by deleting "and";
(b) in paragraph (k) by deleting "State." and inserting
5 instead --
"
State;
(l) fees in relation to petroleum operations, safety
audits or other services provided by the
10 Minister;
(m) any transitional matter arising out of the
amendments made to this Act by the Petroleum
Legislation Amendment and Repeal Act 2004.
".
15 16. Various sections amended to delete "the regulations"
(Interpretation Act 1984 s. 46)
(1) The provisions set out in the Table to this section are amended
by deleting "or the regulations" in each case.
Table
s. 8(1) (twice) s. 121(1) and (2)
s. 25(1)(a)
20 (2) The provisions set out in the Table to this section are amended
by deleting "and the regulations" in each case.
Table
s. 38 s. 105(4)
s. 43D s. 106(5)
s. 48C s. 112(6)
s. 62
page 13
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
17. Schedule replaced with Schedule 1
The Schedule is repealed and the following Schedule is inserted
instead --
"
5 Schedule 1 -- Occupational safety and health
[s. 149A]
Division 1 -- Introduction
1. Objects
The objects of this Schedule are, in relation to petroleum
10 operations --
(a) to secure the occupational safety and health of
persons engaged in those operations;
(b) to protect persons in the vicinity of those operations
at the invitation of, or with the express or implied
15 consent of, the operators of, or persons in control of
a part of, those operations from risks to safety and
health arising out of those operations;
(c) to ensure that expert advice is available on
occupational safety and health matters in relation to
20 those operations;
(d) to promote an occupational environment for
members of the workforce engaged in those
operations that is adapted to their needs relating to
safety and health; and
25 (e) to foster a consultative relationship between all
relevant persons concerning the safety and health of
members of the workforce engaged in those
operations.
page 14
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
2. Simplified outline
The following is a simplified outline of this Schedule --
· This Schedule sets up a scheme to regulate occupational
safety and health matters relating to petroleum
5 operations.
· Occupational safety and health duties are imposed on
the following --
(a) the operator of a petroleum operation;
(b) a person in control of any part of a petroleum
10 operation;
(c) an employer;
(d) a manufacturer of plant, or a substance, for use in
a petroleum operation;
(e) a supplier of a facility, or of any plant or
15 substance, for use in a petroleum operation;
(f) a person who erects or installs a facility, or any
plant, for use in a petroleum operation;
(g) a person engaged in a petroleum operation.
· A group of members of the workforce engaged in a
20 petroleum operation may be established as a designated
work group.
· The members of a designated work group may select a
safety and health representative for that designated
work group.
25 · The safety and health representative may exercise
certain powers for the purpose of promoting or ensuring
the occupational safety and health of group members.
· An inspector may conduct an inspection --
(a) to ascertain whether a listed OSH law is being
30 complied with;
(b) concerning a contravention or a possible
contravention of a listed OSH law; or
page 15
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
(c) concerning an accident or dangerous occurrence
that has happened at or near a place at which a
petroleum operation is carried on.
· The operator of a petroleum operation must report to
5 the Minister accidents and dangerous occurrences
arising out of the petroleum operation.
3. Definitions
In this Schedule --
"accident" includes the contraction of a disease;
10 "contract" includes an arrangement or understanding;
"contractor" has the meaning given by clause 6;
"dangerous occurrence" means an occurrence declared by
the regulations to be a dangerous occurrence for the
purposes of this definition;
15 "designated work group" means --
(a) a group of members of the workforce engaged in
a petroleum operation that is established as a
designated work group under clause 17 or 18; or
(b) that group as varied in accordance with clause 19
20 or 20;
"employee", in relation to an employer, means an employee
of that employer;
"employer" means an employer who carries on a petroleum
operation;
25 "group member", in relation to a designated work group
for a petroleum operation, means a person who is --
(a) a member of the workforce engaged in that
operation; and
(b) included in that designated work group;
30 "improvement notice" means an improvement notice
issued under clause 60(1);
"inspection" means an inspection conducted under
Division 4 and includes an investigation or inquiry;
page 16
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
"member of the workforce", in relation to a petroleum
operation, means a natural person who is engaged in
the operation, whether --
(a) as an employee of the operator or of another
5 person; or
(b) as a contractor of the operator or of another
person;
"operator's representative" means a person present at a
workplace in compliance with the obligations imposed
10 on the operator by clause 4;
"own" includes own jointly and own in part;
"plant" includes any machinery, equipment or tool, or any
component;
"premises" includes the following --
15 (a) a structure or building;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or
(b);
"prohibition notice" means a prohibition notice issued
20 under clause 58(1);
"registered organisation" means an organisation --
(a) within the meaning of the Workplace Relations
Act 1996 of the Commonwealth; or
(b) as defined in section 7(1) of the Industrial
25 Relations Act 1979;
"regulated business premises" means --
(a) a place where a petroleum operation is carried
on; or
(b) premises that are --
30 (i) occupied by a person who is the operator of
a petroleum operation; and
(ii) used, or proposed to be used, wholly or
principally in connection with a petroleum
operation;
page 17
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
"regulations" means regulations made for the purposes of
this Schedule;
"work" means work that is directly or indirectly related to a
petroleum operation;
5 "workforce representative" means --
(a) in relation to a person who is a member of the
workforce engaged in a petroleum operation -- a
registered organisation of which that person is a
member, if the person is qualified to be a
10 member of that organisation because of the work
the person performs in relation to the petroleum
operation; or
(b) in relation to a designated work group or a
proposed designated work group -- a registered
15 organisation of which a person who is, or who is
likely to be, in the work group is a member, if
the person is qualified to be a member of that
organisation because of the work the person
performs, or will perform, in relation to the
20 petroleum operation as a member of the group;
"work group employer", in relation to a designated work
group in relation to a petroleum operation, means an
employer of one or more group members, but does not
include the operator of the petroleum operation;
25 "workplace", in relation to a petroleum operation, means
the whole place where the petroleum operation is
carried on or any part of a place where the petroleum
operation is carried on.
4. Operator must ensure presence of operator's
30 representative
(1) The operator of a petroleum operation must ensure that, at
all times when one or more natural persons are engaged in
the petroleum operation, there is present at the workplace a
natural person (the "operator's representative") who has
35 day to day management and control of the petroleum
operation.
Penalty: $5 500.
page 18
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
(2) The operator of a petroleum operation must ensure that the
name of the operator's representative is displayed in a
prominent place at the workplace.
Penalty: $5 500.
5 (3) Subclause (1) does not imply that, if the operator is a natural
person, the operator's representative may not be, from time
to time, the operator.
5. Safety and health of persons using an accommodation
amenity
10 For the avoidance of doubt, a reference in this Schedule to
the occupational safety and health of a person includes a
reference to the safety and health of a person using an
accommodation amenity provided for the accommodation of
persons engaged in a petroleum operation.
15 6. Contractor
For the purposes of this Schedule, a natural person is taken
to be a "contractor" of another person (the "relevant
person") if the natural person is engaged in a petroleum
operation under a contract for services between --
20 (a) the relevant person; and
(b) either --
(i) the natural person; or
(ii) the employer of the natural person.
Division 2 -- Occupational safety and health
25 Subdivision 1 -- Duties relating to occupational safety and health
7. Duties of operator
(1) The operator of a petroleum operation must take all
reasonably practicable steps to ensure that the petroleum
operation is carried out in a manner that is safe and without
30 risk to the health of persons engaged in the petroleum
operation or other protected persons.
Penalty: $110 000.
page 19
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
(2) Without limiting the generality of subclause (1), the
operator of a petroleum operation must --
(a) provide and maintain a physical environment at the
place where the petroleum operation is carried out
5 that is safe and without risk to health;
(b) provide and maintain adequate amenities for the
safety and health of all members of the workforce
engaged in the petroleum operation;
(c) ensure that any plant, equipment, materials and
10 substances for use in the petroleum operation are
safe and without risk to health;
(d) implement and maintain systems of work in relation
to the petroleum operation that are safe and without
risk to health;
15 (e) implement and maintain appropriate procedures and
equipment for the control of, and response to,
emergencies arising out of the petroleum operation;
(f) provide all members of the workforce, in
appropriate languages, with the information,
20 instruction, training and supervision necessary for
them to carry out their activities in a manner that
does not adversely affect the occupational safety
and health of persons engaged in the petroleum
operation;
25 (g) monitor the occupational safety and health of all
members of the workforce and keep records of that
monitoring;
(h) provide appropriate medical and first aid services at
the places at which a petroleum operation is carried
30 on; and
(i) develop, in consultation with members of the
workforce and workforce representatives, a policy
relating to occupational safety and health that --
(i) will enable the operator and the members of
35 the workforce to cooperate effectively in
promoting and developing measures to
page 20
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
ensure the occupational safety and health of
persons engaged in the petroleum operation;
(ii) will provide adequate mechanisms for
reviewing the effectiveness of the measures;
5 and
(iii) provides for the making of an agreement
that complies with subclauses (4) and (5).
Penalty: $110 000.
(3) Subclause (2)(i) does not require the operator of a petroleum
10 operation to engage in consultations with a workforce
representative unless a member of the workforce engaged in
the petroleum operation has requested the workforce
representative to be involved in those consultations.
(4) The agreement referred to in subclause (2)(i)(iii) must be
15 between --
(a) on the one hand -- the operator; and
(b) on the other hand --
(i) the members of the workforce; and
(ii) if a member of the workforce engaged in
20 the petroleum operation has requested a
workforce representative in relation to the
member to be a party to that agreement --
that workforce representative.
(5) The agreement referred to in subclause (2)(i)(iii) must
25 provide appropriate mechanisms for continuing consultation
between --
(a) on the one hand -- the operator; and
(b) on the other hand --
(i) the members of the workforce; and
30 (ii) if a member of the workforce engaged in
the petroleum operation has requested a
workforce representative in relation to the
member to be involved in consultations on a
particular occasion -- that workforce
35 representative.
page 21
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
(6) The agreement may provide for any other matters agreed
between the parties to it.
8. Duties of persons in control of parts of petroleum
operation
5 (1) A person who is in control of any part of a petroleum
operation must take all reasonably practicable steps to
ensure that that part of the petroleum operation is carried out
in a manner that is safe and without risk to the health of
persons engaged in the petroleum operation or other
10 protected persons
Penalty: $110 000.
(2) Without limiting the generality of subclause (1), a person
who is in control of any part of a petroleum operation
must --
15 (a) ensure that the physical environment at the place
where that part of the petroleum operation is carried
out is safe and without risk to health;
(b) ensure that any plant, equipment, materials and
substances for use in that part of the petroleum
20 operation are safe and without risk to health;
(c) implement and maintain systems of work in relation
to that part of the petroleum operation that are safe
and without risk to health;
(d) ensure a means of access to, and egress from the
25 place where that part of the petroleum operation is
carried out is safe and without risk to health; and
(e) provide all members of the workforce engaged in
that part of the petroleum operation in appropriate
languages, with the information, instruction,
30 training and supervision necessary for them to carry
out their work in a manner that is safe and without
risk to health.
Penalty: $110 000.
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Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
9. Duties of employers
(1) An employer must take all reasonably practicable steps to
protect the safety and health of employees engaged in a
petroleum operation.
5 Penalty: $110 000.
(2) Without limiting the generality of subclause (1), an
employer must --
(a) provide and maintain a working environment that is
safe for employees and without risk to their health;
10 (b) ensure that any plant, equipment, materials and
substances for use in connection with the
employees' work are safe and without risk to health;
(c) implement and maintain systems of work that are
safe and without risk to health;
15 (d) provide a means of access to, and egress from, the
employees' work location that is safe and without
risk to health; and
(e) provide the employees, in appropriate languages,
with the information, instruction, training and
20 supervision necessary for them to carry out their
work in a manner that is safe and without risk to
health.
Penalty: $110 000.
(3) A person has, in respect of a contractor of that person, the
25 same obligations that an employer has under subclauses (1)
and (2) in respect of an employee of that employer, but only
in relation to --
(a) matters over which the first-mentioned person has
control; or
30 (b) matters over which --
(i) the first-mentioned person would have had
control apart from express provision to the
contrary in a contract; and
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
(ii) the first-mentioned person would, in the
circumstances, usually be expected to have
had control.
(4) An employer must take all reasonable steps to --
5 (a) monitor the safety and health of employees; and
(b) keep records of that monitoring.
Penalty: $110 000.
(5) An employer must take all reasonably practicable steps to
ensure that --
10 (a) work that is undertaken by the employer's
employees is carried out in a manner that is safe and
without risk to the health of persons engaged in the
petroleum operation or other protected persons; and
(b) the employer's system of work is operated in a
15 manner that is safe and without risk to the health of
persons engaged in the petroleum operation or other
protected persons.
Penalty: $22 000.
10. Duties of manufacturers in relation to plant and
20 substances
(1) A manufacturer of any plant that the manufacturer knows or
ought reasonably to expect will be used by members of the
workforce engaged in a petroleum operation must take all
reasonably practicable steps --
25 (a) to ensure that the plant is so designed and
constructed as to be, when properly used, safe and
without risk to health;
(b) to carry out, or cause to be carried out, the research,
testing and examination necessary in order to
30 discover, and to eliminate or minimise, any risk to
safety or health that may arise from the use of the
plant; and
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Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
(c) to make available, in connection with the use of the
plant in a petroleum operation, adequate written
information about --
(i) the use for which it is designed and has
5 been tested;
(ii) details of its design and construction; and
(iii) any conditions necessary to ensure that,
when put to the use for which it was
designed and tested, it will be safe and
10 without risk to health.
Penalty: $22 000.
(2) A manufacturer of any substance that the manufacturer
knows or ought reasonably to expect will be used by
members of the workforce engaged in a petroleum operation
15 must take all reasonably practicable steps --
(a) to ensure that the substance is so manufactured as to
be, when properly used, safe and without risk to
health;
(b) to carry out, or cause to be carried out, the research,
20 testing and examination necessary to discover, and
to eliminate or minimise, any risk to safety or health
that may arise from the use of the substance; and
(c) to make available, in connection with the use of the
substance in a petroleum operation, adequate
25 written information concerning --
(i) the use for which it is manufactured and has
been tested;
(ii) details of its composition;
(iii) any conditions necessary to ensure that,
30 when put to the use for which it was
manufactured and tested, it will be safe and
without risk to health; and
(iv) the first aid and medical procedures that
should be followed if the substance causes
35 injury.
Penalty: $22 000.
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
(3) If --
(a) plant or a substance is imported into Australia by a
person who is not its manufacturer; and
(b) at the time of the importation, the manufacturer of
5 the plant or substance does not have a place of
business in Australia,
the first-mentioned person is taken, for the purposes of this
clause, to be the manufacturer of the plant or substance.
(4) This clause does not affect the operation of any other law of
10 this State that imposes an obligation on a manufacturer in
respect of defective goods or in respect of information to be
supplied in relation to goods.
11. Duties of suppliers of facilities, plant and substances
(1) A supplier of a facility, or of any plant or substance, that the
15 supplier ought reasonably to expect will be used by
members of the workforce engaged in a petroleum
operation, must take all reasonably practicable steps --
(a) to ensure that, at the time of supply, the facility, or
the plant or substance, is in such condition as to be,
20 when properly used, safe and without risk to health;
(b) to carry out, or cause to be carried out, the research,
testing and examination necessary to discover, and
to eliminate or minimise, any risk to safety or health
that may arise from the condition of the facility,
25 plant or substance; and
(c) to make available --
(i) in the case of a facility -- to the operator of
the petroleum operation; and
(ii) in the case of plant or substance -- to the
30 person to whom the plant or substance is
supplied,
adequate written information, in connection with
the use of the facility, plant or substance (as the
case requires) about --
35 (iii) the condition of the facility, plant or
substance at the time of supply;
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Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
(iv) any risk to the safety and health of members
of the workforce engaged in a petroleum
operation to which the condition of the
facility, plant or substance may give rise
5 unless it is properly used;
(v) the steps that need to be taken in order to
eliminate that risk; and
(vi) in the case of a substance -- the first aid
and medical procedures that should be
10 followed if the condition of the substance
causes injury to a member of the workforce
engaged in a petroleum operation.
Penalty: $22 000.
(2) For the purposes of subclause (1), if a person
15 (the "ostensible supplier") supplies to a person either a
facility, or any plant or substance, that is for use by
members of the workforce engaged in a petroleum
operation, and the ostensible supplier --
(a) carries on the business of financing the acquisition
20 or the use of goods by other persons;
(b) has, in the course of that business, acquired an
interest in the facility, or in the plant or substance,
from another person (the "actual supplier"), solely
for the purpose of financing its acquisition by, or its
25 provision to, the person to whom it is finally
supplied; and
(c) has not taken possession of the facility, plant or
substance, or has taken possession of the facility,
plant or substance solely for the purpose of passing
30 possession of the facility, plant or substance to the
person to whom it is finally supplied,
a reference in subclause (1) to a supplier is, in relation to the
facility, plant or substance referred to in this subclause, to be
read as a reference to the actual supplier and not as a
35 reference to the ostensible supplier.
(3) This clause does not affect the operation of any other law of
this State that imposes an obligation in respect of the sale or
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
supply of goods or in respect of the information to be
supplied in relation to goods.
12. Duties of persons erecting facilities or installing plant
(1) A person who erects or installs a facility, or erects or installs
5 any plant, for use in a petroleum operation, must take all
reasonably practicable steps to ensure that the facility or
plant is not erected or installed in such a way that it is
unsafe or constitutes a risk to safety or health.
Penalty: $22 000.
10 (2) This clause does not affect the operation of any other law of
this State that imposes an obligation in respect of the
erection or installation of structures or goods or the supply
of services.
13. Duties of persons in relation to occupational safety and
15 health
(1) A person engaged in a petroleum operation must, at all
times, take all reasonably practicable steps --
(a) to ensure that the person does not take any action,
or make any omission, that creates a risk, or
20 increases an existing risk, to --
(i) the occupational safety and health of that
person; or
(ii) the safety and health of any other protected
person;
25 (b) in respect of any obligation imposed on the operator
or on any other person under a listed OSH law -- to
cooperate with the operator or that other person to
the extent necessary to enable the operator or that
other person to fulfil that obligation; and
30 (c) to use equipment that is --
(i) supplied to the person by the operator, an
employer of the person or any other person
having control of the petroleum operation
(the "equipment supplier"); and
35 (ii) necessary to protect the occupational safety
and health of the person, or the safety and
page 28
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
health of any other person engaged in the
petroleum operation or protected person,
in accordance with any instructions given by the
equipment supplier, consistent with the safe and
5 proper use of the equipment.
Penalty: $5 500.
(2) Despite subclause (1), the choice or manner of use, or
choice and manner of use, of equipment of the kind referred
to in subclause (1)(c)(ii) is a matter that may be, consistently
10 with each listed OSH law --
(a) agreed on between the equipment supplier and any
relevant safety and health representative; or
(b) agreed on by a safety and health committee.
(3) If an agreement of the kind referred to in subclause (2)(a) or
15 (b) provides a process for choosing equipment of a
particular kind that is to be provided by the equipment
supplier, action must not be taken against a person for
failure to use equipment of that kind that is so provided
unless the equipment has been chosen in accordance with
20 that process.
(4) If an agreement of the kind referred to in subclause (2)(a) or
(b) provides a process for determining the manner of use of
equipment of a particular kind, action must not be taken
against a person for failure to use, in the manner required by
25 the equipment supplier, equipment of that kind that is so
provided unless the manner has been determined in
accordance with that process.
14. Reliance on information supplied or results of research
(1) For the purpose of the application of clause 7, 8 or 9 to the
30 use of plant or a substance, a person on whom an obligation
is imposed under any of those clauses is regarded as having
taken reasonably practicable steps as required by the
relevant clause, in relation to the use of the plant or
substance, to the extent that --
35 (a) the person ensured, so far as practicable, that its use
was in accordance with the information supplied by
page 29
Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
the manufacturer or the supplier of the plant or
substance relating to occupational safety and health
in its use; and
(b) it was reasonable for the person to rely on that
5 information.
(2) For the purpose of the application of clause 10 or 11 to
carrying out research, testing and examining a facility, or
any plant or substance, a person on whom an obligation is
imposed under either of those clauses is regarded as having
10 taken reasonably practicable steps as required by the
relevant clause, in relation to carrying out research, testing
and examining the facility, plant or substance, to the extent
that --
(a) the research, testing or examination has already
15 been carried out by or on behalf of someone else;
and
(b) it was reasonable for the person to rely on that
research, testing or examination.
(3) For the purpose of the application of clause 12 to the
20 erection of a facility or the erection or installation of plant
for use in a petroleum operation, a person on whom an
obligation is imposed under that clause is regarded as
having taken reasonably practicable steps as required by that
clause to the extent that --
25 (a) the person ensured, so far as is reasonably
practicable, that the erection of the facility, or the
erection or installation of the plant, was --
(i) in accordance with information supplied by
the manufacturer or supplier of the facility
30 or plant relating to its erection or its
installation; and
(ii) consistent with the occupational safety and
health of persons engaged in the petroleum
operation;
35 and
(b) it was reasonable for the person to rely on that
information.
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Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
(4) Nothing in this clause limits the generality of what
constitutes reasonably practicable steps as required by
clause 7, 8, 9, 10, 11 or 12.
Subdivision 2 -- Regulations relating to occupational safety
5 and health
15. Regulations relating to occupational safety and health
(1) The regulations may make provision relating to any matter
affecting, or likely to affect, the occupational safety and
health of persons engaged in a petroleum operation.
10 (2) Regulations made for the purposes of subclause (1) may
make provision for any or all of the following --
(a) prohibiting or restricting the performance of all
work or specified work in relation to a petroleum
operation;
15 (b) prohibiting or restricting the use of all plant or
specified plant in a petroleum operation;
(c) prohibiting or restricting the carrying out of all
processes or a specified process in a petroleum
operation;
20 (d) prohibiting or restricting the storage or use of all
substances or specified substances in a petroleum
operation;
(e) specifying the form in which information required
to be made available under clause 10(1)(c) or
25 11(1)(c) is to be so made available;
(f) prohibiting, except in accordance with licences
granted under the regulations, the use of specified
plant or specified substances in a petroleum
operation;
30 (g) providing for --
(i) the issue, variation, renewal, transfer,
suspension and cancellation of those
licences; and
(ii) the conditions to which the licences may be
35 subject;
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
(h) regulating the maintenance and testing of plant for
use in a petroleum operation;
(i) regulating the labelling or marking of substances for
use in a petroleum operation;
5 (j) regulating the transport of specified plant or
specified substances for use in a petroleum
operation;
(k) prohibiting the performance, in relation to a
petroleum operation, of specified activities or work
10 except --
(i) by persons who satisfy requirements of the
regulations as to qualifications, training or
experience; or
(ii) under the supervision specified in the
15 regulations;
(l) requiring specified action to avoid accidents or
dangerous occurrences;
(m) providing for, or prohibiting, specified action in the
event of accidents or dangerous occurrences;
20 (n) providing for the employment of persons to perform
specified duties relating to the maintenance of
occupational safety and health in relation to a
petroleum operation;
(o) regulating the provision and use, in a petroleum
25 operation, of protective clothing and equipment,
safety equipment and rescue equipment;
(p) providing for monitoring the health of members of
the workforce engaged in a petroleum operation and
the conditions at a place at which a petroleum
30 operation is carried out;
(q) requiring employers to keep records of matters
related to the occupational safety and health of
employees;
(r) providing for the provision of first aid equipment
35 and amenities at a place at which a petroleum
operation is carried out.
page 32
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
Division 3 -- Workplace arrangements
Subdivision 1 -- Introduction
16. Simplified outline
The following is a simplified outline of this Subdivision --
5 · A group of members of the workforce engaged in a
petroleum operation may be established as a designated
work group.
· The members of a designated work group may select a
safety and health representative for that designated
10 work group.
· The safety and health representative may exercise
certain powers for the purpose of promoting or ensuring
the occupational safety and health of group members.
· A safety and health committee may be established in
15 relation to the members of the workforce engaged in a
petroleum operation.
· The main function of a safety and health committee is
to assist the operator in relation to occupational safety
and health matters.
20 Subdivision 2 -- Designated work groups
17. Establishment of designated work groups by request
(1) A request to the operator of a petroleum operation to enter
into consultations to establish designated work groups in
relation to the members of the workforce engaged in the
25 petroleum operation may be made by --
(a) any member of the workforce; or
(b) if a member of the workforce requests a workforce
representative in relation to the member to make the
request to the operator -- that workforce
30 representative.
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
(2) The operator of a petroleum operation must, within 14 days
after receiving a request under subclause (1), enter into
consultations with --
(a) if any member of the workforce made a request to
5 establish designated work groups --
(i) that member of the workforce;
(ii) if that member requests that the operator
enter into consultations with a workforce
representative in relation to the member --
10 that workforce representative; and
(iii) each employer (if any) of members of the
workforce;
and
(b) if a workforce representative made a request to
15 establish designated work groups --
(i) if a member of the workforce requests that
the operator enter into consultations with
that workforce representative -- that
workforce representative; and
20 (ii) each employer of members of the
workforce.
(3) Within 14 days after the completion of consultations about
the establishment of the designated work groups, the
operator must, by notifying the members of the workforce,
25 establish the designated work groups in accordance with the
outcome of the consultations.
18. Establishment of designated work groups at initiative of
operator
(1) If, at any time, the operator of a petroleum operation
30 considers that designated work groups should be
established, the operator must enter into consultations
with --
(a) all members of the workforce;
(b) if a member of the workforce requests that the
35 operator enter into consultations with a workforce
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Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
representative in relation to the member -- that
workforce representative; and
(c) each employer (if any) of members of the
workforce.
5 (2) Within 14 days after the completion of consultations about
the establishment of the designated work groups, the
operator must, by notifying the members of the workforce,
establish the designated work groups in accordance with the
outcome of the consultations.
10 19. Variation of designated work groups by request
(1) A request to the operator of a petroleum operation to enter
into consultations to vary designated work groups that have
already been established in relation to the members of the
workforce engaged in the petroleum operation may be made
15 by --
(a) any member of the workforce; or
(b) if a member of the workforce requests a workforce
representative in relation to the member to make the
request to the operator -- that workforce
20 representative.
(2) The operator of a petroleum operation must, within 14 days
after receiving a request under subclause (1), enter into
consultations with --
(a) if any member of the workforce made a request to
25 vary designated work groups --
(i) that member of the workforce;
(ii) the safety and health representative of each
designated work group affected by the
proposed variation; and
30 (iii) each work group employer (if any) in
relation to each designated work group
affected by the proposed variation;
and
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
(b) if a workforce representative made a request to vary
designated work groups --
(i) if a member of a designated work group
affected by the proposed variation requests
5 that the operator enter into consultations
with that workforce representative in
relation to the group -- that workforce
representative;
(ii) the safety and health representative of each
10 designated work group affected by the
proposed variation; and
(iii) each work group employer (if any) in
relation to each designated work group
affected by the proposed variation.
15 (3) If --
(a) consultations take place about the variation of
designated work groups that have already been
established; and
(b) as a result of the consultations, it has been
20 determined that the variation of some or all of those
designated work groups is justified,
then, within 14 days after the completion of the
consultations, the operator must, by notifying the members
of the workforce who are affected by the variation, vary the
25 designated work groups in accordance with the outcome of
the consultations.
20. Variation of designated work groups at initiative of
operator
(1) If the operator of a petroleum operation believes the
30 designated work groups should be varied, the operator may,
at any time, enter into consultations about the variations
with --
(a) the safety and health representative of each of the
designated work groups affected by the proposed
35 variation;
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Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
(b) if a member of a designated work group affected by
the proposed variation requests that the operator
enter into consultations with that workforce
representative in relation to the group -- that
5 workforce representative; and
(c) each work group employer (if any) in relation to
each designated work group affected by the
proposed variation.
(2) If --
10 (a) consultations take place about the variation of
designated work groups that have already been
established; and
(b) as a result of the consultations, it has been
determined that the variation of some or all of those
15 designated work groups is justified,
then, within 14 days after the completion of the
consultations, the operator must, by notifying the members
of the workforce who are affected by the variation, vary the
designated work groups in accordance with the outcome of
20 the consultations.
21. Referral of disagreement to reviewing authority
(1) If, in the course of consultations under clause 17, 18, 19 or
20, there is a disagreement between any of the parties to the
consultation about the manner of establishing or varying a
25 designated work group, any party may, for the purpose of
facilitating that consultation, refer the matter of
disagreement to the reviewing authority.
(2) If the matter of a disagreement is referred to the reviewing
authority, the parties to the disagreement must complete the
30 consultation in accordance with the resolution of that matter
by the reviewing authority.
(3) In this clause --
"reviewing authority" means a person prescribed by the
regulations to be a reviewing authority for the purposes
35 of this clause.
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
22. Manner of grouping members of the workforce
(1) Consultations about the establishment or variation of a
designated work group must be directed principally at the
determination of the manner of grouping members of the
5 workforce --
(a) that best and most conveniently enables their
interests relating to occupational safety and health
to be represented and safeguarded; and
(b) that best takes account of the need for any safety
10 and health representative selected for that
designated work group to be accessible to each
group member.
(2) The parties to the consultations must have regard, in
particular, to --
15 (a) the number of members of the workforce engaged
in the petroleum operation to which the consultation
relates;
(b) the nature of each type of work performed by those
members;
20 (c) the number and grouping of those members who
perform the same or similar types of work;
(d) the workplaces where each type of work is
performed;
(e) the nature of any risks to safety and health at each
25 of those workplaces; and
(f) any overtime or shift working arrangement in
relation to the petroleum operation.
(3) The designated work groups must be established or varied in
such a way that, so far as practicable, each of the members
30 of the workforce engaged in a petroleum operation is in a
designated work group.
(4) All the members of the workforce engaged in a petroleum
operation may be in one designated work group.
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Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
Subdivision 3 -- Safety and health representatives
23. Selection of safety and health representatives
(1) One safety and health representative may be selected for
each designated work group.
5 (2) A person is not eligible for selection as the safety and health
representative for a designated work group unless the person
is a member of the workforce included in the group.
(3) A person is taken to have been selected as the safety and
health representative for a designated work group if --
10 (a) all the members of the workforce in the group
unanimously agree to the selection; or
(b) the person is elected as the safety and health
representative of the group in accordance with
clause 24.
15 24. Election of safety and health representatives
(1) If --
(a) there is a vacancy in the office of safety and health
representative for a designated work group; and
(b) within a reasonable time after the vacancy occurs, a
20 person has not been selected under clause 23(3)(a),
the operator of the petroleum operation must invite
nominations from all group members for election as the
safety and health representative of the group.
(2) If the office of safety and health representative is vacant and
25 the operator has not invited nominations within a further
reasonable time that is no later than 6 months after the
vacancy occurred, the Minister may direct the operator to do
so.
(3) If there is more than one candidate for election at the close
30 of the nomination period, the operator must conduct, or
arrange for the conduct of, an election at the operator's
expense.
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
(4) An election conducted or arranged to be conducted under
subclause (3) must be conducted in accordance with
regulations made for the purposes of this subclause if this is
requested by the lesser of --
5 (a) 100 members of the workforce normally in the
designated work group; or
(b) a majority of the members of the workforce
normally in the designated work group.
(5) If there is only one candidate for election at the close of the
10 nomination period, that person is taken to have been elected.
(6) A person cannot be a candidate in the election if he or she is
disqualified under clause 30.
(7) All the members of the workforce in the designated work
group are entitled to vote in the election.
15 (8) An operator conducting or arranging for the conduct of an
election under this clause must comply with any relevant
directions issued by the Minister.
25. List of safety and health representatives
The operator of a petroleum operation must --
20 (a) prepare and keep up to date a list of all the safety
and health representatives of designated work
groups comprising members of the workforce
engaged in the petroleum operation; and
(b) ensure that the list is available for inspection, at all
25 reasonable times, by --
(i) the members of the workforce engaged in
the petroleum operation; and
(ii) inspectors.
26. Members of designated work group must be notified of
30 selection etc. of safety and health representative
The operator of a petroleum operation must --
(a) notify members of a designated work group in
relation to the petroleum operation of a vacancy in
page 40
Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Act 1967 Part 2
s. 17
the office of safety and health representative for the
designated work group within a reasonable time
after the vacancy arises; and
(b) notify those members of the name of any person
5 selected (whether under clause 23(3)(a) or (b)) as
safety and health representative for the designated
work group within a reasonable time after the
selection is made.
27. Term of office
10 (1) A safety and health representative for a designated work
group holds office --
(a) if, in consultations that took place under clause 17,
18, 19 or 20, the parties to the consultations agreed
to the period for which the safety and health
15 representative for the group was to hold office --
for that period; or
(b) if paragraph (a) does not apply -- for 2 years.
(2) The term of office of a safety and health representative
begins at the start of the day on which he or she was
20 selected.
(3) Nothing in this clause prevents a safety and health
representative from being selected for further terms of
office.
28. Training of safety and health representatives
25 (1) A safety and health representative for a designated work
group must undertake a course of training relating to
occupational safety and health that is accredited by the
Minister for the purposes of this clause.
(2) The operator of the petroleum operation concerned must
30 permit the representative to take any time off work, without
loss of remuneration or other entitlements, that is necessary
to undertake the training.
(3) If a person other than the operator is the employer of the
representative, that person must permit the representative to
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
take any time off work, without loss of remuneration or
other entitlements, that is necessary to undertake the
training.
29. Resignation etc. of safety and health representatives
5 (1) A person ceases to be the safety and health representative
for the designated work group if --
(a) the person resigns as the safety and health
representative;
(b) the person ceases to be a group member of that
10 designated work group;
(c) the person's term of office expires without the
person having been selected, under clause 23, to be
the safety and health representative for the
designated work group for a further term; or
15 (d) the person is disqualified under clause 30.
(2) A person may resign as the safety and health representative
for a designated work group by notice in writing delivered
to the operator and to each work group employer.
(3) If a person resigns as the safety and health representative for
20 a designated work group, the person must notify the
resignation to the group members.
(4) If a person has ceased to be the safety and health
representative for a designated work group because of
subclause (1)(b), the person must notify in writing --
25 (a) the group members; and
(b) the operator and each work group employer,
that the person has ceased to be the safety and health
representative for that designated work group.
30. Disqualification of safety and health representatives
30 (1) An application for the disqualification of a safety and health
representative for a designated work group may be made to
the deciding authority by --
(a) the operator;
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(b) a work group employer; or
(c) at the request of a group member of the designated
work group -- a workforce representative in
relation to the designated work group.
5 (2) An application under subclause (1) may be made on either
or both of the following grounds --
(a) that action taken by the representative in the
exercise or purported exercise of a power under
clause 32(1) or any other provision of this Schedule
10 was taken --
(i) with the intention of causing harm to the
operator or work group employer or to an
undertaking of the operator or work group
employer; or
15 (ii) unreasonably, capriciously or not for the
purpose for which the power was conferred
on the representative;
(b) that the representative has intentionally used, or
disclosed to another person, for a purpose that is not
20 connected with the exercise of a power of a safety
and health representative, information acquired
from the operator or work group employer.
(3) On an application under subclause (1), the deciding
authority may disqualify the representative, for a specified
25 period not exceeding 5 years, from being a safety and health
representative for any designated work group, if the
deciding authority is satisfied that the representative has
acted in a manner referred to in subclause (2).
(4) In making a decision under subclause (3), the deciding
30 authority must have regard to --
(a) the harm (if any) that was caused to the operator or
work group employer or to an undertaking of the
operator or work group employer as a result of the
action of the representative;
35 (b) the past record of the representative in exercising
the powers of a safety and health representative;
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(c) the effect (if any) on the public interest of the action
of the representative; and
(d) any other matters the deciding authority thinks
relevant.
5 (5) In this clause --
"deciding authority" means a person prescribed by the
regulations to be a deciding authority for the purposes
of this clause.
31. Deputy safety and health representatives
10 (1) One deputy safety and health representative may be selected
for each designated work group for which a safety and
health representative has been selected.
(2) A deputy safety and health representative is to be selected in
the same way as a safety and health representative under
15 clause 23.
(3) If the safety and health representative for a designated work
group --
(a) ceases to be the safety and health representative; or
(b) is unable (because of absence or for any other
20 reason) to exercise the powers of a safety and health
representative,
then --
(c) the powers may be exercised by the deputy safety
and health representative (if any) for the group; and
25 (d) this Schedule (other than this clause) applies in
relation to the deputy safety and health
representative accordingly.
32. Powers of safety and health representatives
(1) A safety and health representative for a designated work
30 group may, for the purpose of promoting or ensuring the
safety and health at a workplace of the group members --
(a) do all or any of the following --
(i) inspect the whole or any part of the
workplace if there has, in the immediate
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past, been an accident or a dangerous
occurrence at the workplace, or if there is
an immediate threat of such an accident or
dangerous occurrence;
5 (ii) inspect the whole or any part of the
workplace if the safety and health
representative has given reasonable notice
of the inspection to the operator's
representative and to any other person
10 having immediate control of the workplace;
(iii) make a request to an inspector or to the
Minister that an inspection be conducted at
the workplace;
(iv) accompany an inspector during any
15 inspection at the workplace by the inspector
(whether or not the inspection is being
conducted as a result of a request made by
the safety and health representative);
(v) if there is no safety and health committee in
20 respect of the members of the workforce
engaged in the petroleum operation --
represent group members in consultations
with the operator and any work group
employer about the development,
25 implementation and review of measures to
ensure the safety and health of those
members at the workplace;
(vi) if a safety and health committee has been
established in respect of the members of the
30 workforce engaged in the petroleum
operation -- examine any of the records of
that committee;
(b) investigate complaints made by any group member
to the safety and health representative about the
35 safety and health of any of the members of the
workforce (whether in the group or not);
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(c) with the consent of a group member, be present at
any interview about safety and health at work
between that member and --
(i) an inspector;
5 (ii) the operator or a person representing the
operator; or
(iii) a work group employer or a person
representing that employer;
(d) obtain access to any information under the control
10 of the operator or any work group employer --
(i) relating to risks to the safety and health of
any group member; and
(ii) relating to the safety and health of any
group member;
15 and
(e) issue provisional improvement notices in
accordance with clause 36.
(2) Subclause (1)(d)(ii) has effect subject to clause 34.
33. Assistance by consultant
20 (1) A safety and health representative for a designated work
group is entitled, in the exercise of his or her powers, to be
assisted by a consultant.
(2) A safety and health representative for a designated work
group may --
25 (a) be assisted by a consultant at a workplace at which
work is performed; or
(b) provide to a consultant information that has been
provided to the safety and health representative by a
group member under clause 32(1)(d),
30 only if the operator or the Minister has, in writing, agreed to
the provision of that assistance at that workplace or the
provision of that information, as the case may be.
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(3) Neither the operator nor any workplace employer becomes,
because of the agreement under subclause (2) to the
provision of assistance by a consultant, liable for any
remuneration or other expenses incurred in connection with
5 the consultant's activities.
(4) If a safety and health representative for a designated work
group is being assisted by a consultant, the consultant is
entitled to be present with the representative at any
interview, about safety and health at work, between a group
10 member and --
(a) an inspector; or
(b) the operator or any work group employer or a
person representing the operator or that employer,
if, and only if, the group member consents to the presence of
15 the consultant.
34. Information
(1) Neither --
(a) a safety and health representative; nor
(b) a consultant assisting a safety and health
20 representative,
is entitled, under clause 32(1)(d)(ii), to have access to
information in respect of which a group member is entitled
to claim, and does claim, legal professional privilege.
(2) Neither --
25 (a) a safety and health representative; nor
(b) a consultant assisting a safety and health
representative,
is entitled, under clause 32(1)(d)(ii), to have access to
information of a confidential medical nature relating to a
30 person who is or was a group member unless --
(c) the person has delivered to the operator or any work
group employer a written authority permitting the
safety and health representative, or the safety and
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health representative and the consultant, as the case
requires, to have access to the information; or
(d) the information is in a form that does not identify
the person or enable the identity of the person to be
5 discovered.
35. Obligations and liabilities of safety and health
representatives
This Schedule does not --
(a) impose an obligation on a person to exercise any
10 power conferred on the person because the person is
a safety and health representative; or
(b) render a person liable in civil proceedings because
of --
(i) a failure to exercise such a power; or
15 (ii) the way such a power was exercised.
36. Provisional improvement notices
(1) If --
(a) a safety and health representative for a designated
work group believes, on reasonable grounds, that a
20 person --
(i) is contravening a listed OSH law; or
(ii) has contravened a provision of a listed OSH
law and is likely to contravene that
provision again;
25 and
(b) the contravention affects or may affect one or more
group members,
the representative must consult with the person supervising
the relevant activity in an attempt to reach agreement on
30 rectifying the contravention or preventing the likely
contravention.
(2) If, in the safety and health representative's opinion,
agreement is not reached within a reasonable time, the
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safety and health representative may issue a provisional
improvement notice to any or each person (a "responsible
person") responsible for the contravention.
(3) If a responsible person is the operator, the improvement
5 notice may be issued to the operator by giving it to the
operator's representative.
(4) If it is not practicable to issue the notice to a responsible
person (other than the operator or the supervisor) by giving
it to that responsible person --
10 (a) the notice may be issued to that responsible person
by giving it to the person who for the time being is,
or may reasonably be presumed to be, on behalf of
the responsible person, in charge of the activity to
which the notice relates; and
15 (b) if the notice is so issued, a copy of the notice must
be given to the responsible person as soon as
practicable afterwards.
(5) The notice must --
(a) specify the contravention that, in the safety and
20 health representative's opinion, is occurring or is
likely to occur, and set out the reasons for that
opinion; and
(b) specify a period that --
(i) is not less than 7 days beginning on the day
25 after the notice is issued; and
(ii) is, in the representative's opinion,
reasonable,
within which the responsible person is to take action
necessary to prevent any further contravention or to prevent
30 the likely contravention, as the case may be.
(6) The notice may specify action that the responsible person is
to take during the period specified in the notice.
(7) If, in the safety and health representative's opinion, it is
appropriate to do so, the representative may, in writing and
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before the end of the period, extend the period specified in
the notice.
(8) On issuing the notice, the safety and health representative
must give a copy of the notice to --
5 (a) if the operator is not a responsible person -- the
operator;
(b) each work group employer other than a work group
employer who is a responsible person;
(c) if the supervisor is not a responsible person -- the
10 supervisor; and
(d) if the notice relates to any plant, substance or thing
that is owned by a person other than a responsible
person or a person to whom a copy of the notice is
given under paragraph (a), (b) or (c) -- that owner.
15 37. Effect of provisional improvement notice
(1) Within 7 days after a notice is issued under clause 36 --
(a) the responsible person; or
(b) any other person, to whom a copy of the notice has
been given under clause 36(8),
20 may request an inspector for an inspection of the matter to
be conducted.
(2) On the request being made, the operation of the notice is
suspended pending the determination of the matter by an
inspector.
25 (3) As soon as possible after a request is made, an inspection
must be conducted of the work that is the subject of the
disagreement, and the inspector conducting the inspection
must --
(a) confirm, vary or cancel the notice and notify the
30 responsible person and any person to whom a copy
of the notice has been given under clause 36(8)
accordingly; and
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(b) make decisions, and exercise powers, under
Division 4, as the inspector considers necessary in
relation to the work.
(4) If the inspector varies a notice, the notice as so varied has
5 effect --
(a) so far as the notice concerns obligations imposed on
the responsible person that are unaffected by the
variation -- as if the notice as so varied resumed
effect on the day of the variation; and
10 (b) so far as the notice concerns new obligations
imposed by virtue of the variation -- as if the notice
as so varied were a new notice issued on the day of
the variation.
(5) If the notice is issued to a responsible person, the
15 responsible person must --
(a) notify each group member who is affected by the
notice of the fact of the issue of the notice; and
(b) until the notice ceases to have effect, cause a copy
of the notice to be displayed at or near each
20 workplace at which the work that is the subject of
the notice is being performed.
(6) The notice ceases to have effect if --
(a) it is cancelled by an inspector or by the safety and
health representative; or
25 (b) the responsible person --
(i) takes the action, if any, specified in the
notice; or
(ii) if no action is so specified -- takes the
action necessary to prevent the further
30 contravention, or likely contravention,
concerned.
(7) The responsible person --
(a) must ensure that, to the extent that the notice relates
to any matter over which the person has control, the
35 notice is complied with; and
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(b) must take reasonable steps to inform the safety and
health representative who issued the notice of the
action taken to comply with the notice.
(8) For the purposes of clause 64, if the inspector confirms or
5 varies the notice, the inspector is taken to have decided,
under clause 60, to issue an improvement notice in those
terms.
38. Duties of the operator and other employers in relation to
safety and health representatives
10 (1) The operator of a petroleum operation, in relation to which a
designated work group having a safety and health
representative has been established, must --
(a) on being requested to do so by the representative,
consult with the representative on the
15 implementation of changes at any workplace at
which some or all of the group members perform
work, being changes that may affect their safety and
health;
(b) in relation to a workplace at which some or all of
20 the group members perform work --
(i) permit the representative to make any
inspection of the workplace that the
representative is entitled to make in
accordance with clause 32(1)(a)(i) and to
25 accompany an inspector during an
inspection at the workplace by the
inspector; and
(ii) if there is no safety and health committee in
respect of the members of the workforce --
30 on being requested to do so by the
representative, consult with the
representative about the development,
implementation and review of measures to
ensure the safety and health of group
35 members;
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(c) permit the representative to be present at any
interview at which the representative is entitled to
be present under clause 32(1)(c);
(d) provide to the representative access to any
5 information to which the representative is entitled to
obtain access under clause 32(1)(d)(i) or (ii) and to
which access has been requested;
(e) permit the representative to take any time off work,
without loss of remuneration or other entitlements,
10 that is necessary to exercise the powers of a safety
and health representative; and
(f) provide the representative with access to any
amenities that are --
(i) prescribed for the purposes of this
15 paragraph; or
(ii) necessary for the purposes of exercising the
powers of a safety and health
representative.
(2) Subclause (1)(d) has effect subject to subclauses (3) and (4).
20 (3) The operator must not permit a safety and health
representative in relation to a designated work group to have
access to information that --
(a) is of a confidential medical nature under the control
of the operator; and
25 (b) relates to a person who is or was a group member,
unless --
(c) the person has delivered to the employer a written
authority permitting the representative to have
access to the information; or
30 (d) the information is in a form that does not identify
the person or enable the identity of the person to be
discovered.
(4) The operator is not required to give a safety and health
representative access to any information in respect of which
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the operator is entitled to claim, and does claim, legal
professional privilege.
(5) The duties imposed by this clause on the operator in respect
of the safety and health representative for a designated work
5 group apply equally, to the extent that the matters to which
the duties relate are within the control of a work group
employer or of a supervisor of particular work, to that
employer and to that supervisor.
Subdivision 4 -- Safety and health committees
10 39. Safety and health committees
(1) A safety and health committee must be established in
relation to the members of the workforce engaged in a
petroleum operation if --
(a) the number of those members normally engaged in
15 the petroleum operation is not less than 50 (whether
or not those members are all at work in relation to
the petroleum operation at the same time);
(b) the members of the workforce are included in one
or more designated work groups; and
20 (c) the operator is requested to establish the committee
by the safety and health representative for the
designated work group or for one of the designated
work groups.
(2) The safety and health committee consists of --
25 (a) the number of members specified in an agreement
reached between the operator and the members of
the workforce; or
(b) if there is no such agreement -- an equal number
of --
30 (i) members, chosen by the members of the
workforce, to represent the interests of
members of the workforce; and
(ii) members, chosen by the operator, to
represent the interests of the operator and
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the employer (other than the operator) of
members of the workforce.
(3) The agreement referred to in subclause (2)(a) may --
(a) specify the persons who are to be members to
5 represent the interests of the operator and employers
(other than the operator) of members of the
workforce; and
(b) provide for the way in which persons who are to be
members to represent the interests of members of
10 the workforce are to be chosen.
(4) If regulations made for the purposes of this clause specify
procedures for the selection of persons as members of safety
and health committees to represent the interests of members
of the workforce, an agreement referred to in
15 subclause (2)(a) must not provide for members to be chosen
in a way inconsistent with the regulations.
(5) A safety and health committee must hold a meeting at least
once every 3 months.
(6) The procedure at meetings of a safety and health committee
20 must, except to the extent provided for by the regulations, be
the procedure agreed upon by the committee.
(7) A safety and health committee must cause minutes of its
meetings to be kept, and must retain those minutes for a
period of not less than 3 years.
25 (8) This clause does not prevent an operator from establishing,
in consultation with registered unions or any other persons,
committees concerned with occupational safety and health
in relation to undertakings carried on by the operator.
40. Functions of safety and health committees
30 (1) A safety and health committee has the following
functions --
(a) to assist the operator of the petroleum operation
concerned --
(i) to develop and implement measures
35 designed to protect; and
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(ii) to review and update measures used to
protect,
the safety and health at work of members of the
workforce;
5 (b) to facilitate cooperation between the operator of the
petroleum operation, employers (other than the
operator) of members of the workforce, and
members of the workforce, in relation to
occupational safety and health matters;
10 (c) to assist the operator to disseminate among
members of the workforce, in appropriate
languages, information relating to safety and health
at work;
(d) any prescribed functions;
15 (e) any other functions that are agreed between the
operator and the safety and health committee.
(2) A safety and health committee has power to do all things
necessary or convenient to be done for, or in connection
with, the performance of its functions.
20 (3) This Schedule does not --
(a) impose an obligation on a person to do any act,
because the person is a member of a safety and
health committee, in connection with the
performance of a function conferred on the
25 committee; or
(b) render such a person liable in civil proceedings
because of --
(i) a failure to do such an act; or
(ii) the manner in which such an act was done.
30 41. Duties of the operator and other employers in relation to
safety and health committees
(1) If there is a safety and health committee, the operator and
any employer (other than the operator) of a member of the
workforce must --
35 (a) make available to the committee any information
possessed by the operator or that employer relating
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to risks to safety and health to members of the
workforce; and
(b) permit any member of the committee who is a
member of the workforce to take time off work,
5 without loss of remuneration or other entitlements,
as is necessary for the member adequately to
participate in the performance by the committee of
its functions.
(2) Subclause (1)(a) has effect subject to subclauses (3) and (4).
10 (3) The operator or any employer (other than the operator) of a
member of the workforce must not make available to a
safety and health committee information of a confidential
nature relating to a person who is or was a member of the
workforce, unless --
15 (a) the person has authorised the information to be
made available to the committee; or
(b) the information is in a form that does not identify
the person or enable the identity of the person to be
discovered.
20 (4) The operator or any employer (other than the operator) of a
member of the workforce is not required to make available
to a safety and health committee any information in respect
of which the operator or employer is entitled to claim, and
does claim, legal professional privilege.
25 Subdivision 5 -- Emergency procedures
42. Action by safety and health representatives
(1) If a safety and health representative for a designated work
group has reasonable cause to believe that there is an
imminent and serious danger to the safety or health of any
30 person engaged in the petroleum operation or any other
protected person unless a group member or group members
cease to perform particular work, the representative must --
(a) inform a person (a "supervisor") supervising the
group member or group members in the
35 performance of the work of the danger; or
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(b) if no supervisor can be contacted immediately --
(i) direct the group member or group members
to cease, in a safe manner, to perform the
work; and
5 (ii) as soon as practicable, inform a supervisor
that the direction has been given.
(2) If a supervisor is informed under subclause (1)(a) of a
danger to the safety or health of a person engaged in the
petroleum operation or any other protected person, the
10 supervisor must take the action he or she thinks appropriate
to remove that danger, which may include directing a group
member or group members to cease, in a safe manner, to
perform the work.
(3) If --
15 (a) a safety and health representative has informed a
supervisor under subclause (1)(a) of a danger; and
(b) the representative has reasonable cause to believe
that, despite any action taken by the supervisor in
accordance with subclause (2), there continues to be
20 an imminent and serious danger to the safety or
health of a person engaged in the petroleum
operation or any other protected person unless the
group member or group members cease to perform
particular work,
25 the representative must --
(c) direct the group member or group members to
cease, in a safe manner, to perform the work; and
(d) as soon as practicable, inform the supervisor that
the direction has been given.
30 (4) If --
(a) a safety and health representative gives a direction
under subclause (1)(b), but is unable to agree with a
supervisor whom the representative has informed
under that subclause that there is a need for a
35 direction under that subclause; or
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(b) a safety and health representative gives a direction
under subclause (3)(c),
the representative or the supervisor may request an inspector
that an inspection be conducted of the work that is the
5 subject of the direction.
(5) As soon as possible after a request is made, an inspection
must be conducted of the work that is the subject of the
direction, and the inspector conducting the inspection must
make decisions, and exercise powers, under Division 4 as
10 the inspector considers necessary in relation to the work.
(6) This clause does not limit the power of a safety and health
representative under clause 32(1)(a)(iii) to request an
inspector that an inspection be conducted at the workplace.
43. Directions to perform other work
15 If --
(a) a group member who is an employee has ceased to
perform work, in accordance with the direction of a
safety and health representative under
clause 42(1)(b) or (3)(c); and
20 (b) the cessation of work does not continue after --
(i) the safety and health representative has
agreed with a person supervising work at
the workplace where the work was being
performed that the cessation of work was
25 not, or is no longer, necessary; or
(ii) an inspector has, under clause 42(5), made a
decision to the effect that the employee
should perform the work,
the employer may direct the employee to perform suitable
30 alternative work, and the employee is to be taken, for all
purposes, to be required to perform that other work under
the terms and conditions of the employee's employment.
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Subdivision 6 -- Exemptions
44. Exemptions
(1) The Minister may, in accordance with the regulations, make
a written order exempting a specified person or class of
5 person from any or all of the provisions of this Division
(other than this clause).
(2) The Minister must not make an order under subclause (1)
unless the Minister is satisfied on reasonable grounds that it
is impracticable for the person to comply with the provision
10 or provisions.
Division 4 -- Inspections
Subdivision 1 -- Introduction
45. Simplified outline
The following is a simplified outline of this Division --
15 · An inspector may conduct an inspection --
(a) to ascertain whether a listed OSH law is being
complied with;
(b) concerning a contravention or a possible
contravention of a listed OSH law; or
20 (c) concerning an accident or dangerous occurrence
that has arisen out of a petroleum operation.
· An inspector may issue a prohibition notice to the
operator of a petroleum operation in order to remove an
immediate threat to the safety and health of any person.
25 · An inspector may issue an improvement notice
specifying action that is to be taken to prevent
contravention of a listed OSH law.
· An inspector must prepare a report about an inspection
and give the report to the Minister.
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46. Powers, functions and duties of inspectors
(1) An inspector has the powers, functions and duties conferred
or imposed by each listed OSH law.
(2) The Minister may give written directions specifying the
5 manner in which, and the conditions subject to which,
powers conferred on inspectors by a listed OSH law are to
be exercised. If the Minister does so, the powers of
inspectors must be exercised in accordance with those
directions.
10 (3) The Minister may, by notice in writing, impose restrictions,
not inconsistent with any direction in force under
subclause (2), on the powers that are conferred on a
particular inspector by a listed OSH law. If the Minister
does so, the powers of the inspector are taken to have been
15 restricted accordingly.
Subdivision 2 -- Inspections
47. Inspections
(1) An inspector may, at any time, conduct an inspection --
(a) to ascertain whether a requirement of, or any
20 requirement properly made under, a listed OSH law
is being complied with;
(b) concerning a contravention or a possible
contravention of a listed OSH law; or
(c) concerning an accident or dangerous occurrence
25 that has arisen out of a petroleum operation.
(2) The Minister may direct an inspector to conduct an
inspection --
(a) to ascertain whether a requirement of, or any
requirement properly made under, a listed OSH law
30 is being complied with;
(b) concerning a contravention or a possible
contravention of a listed OSH law; or
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(c) concerning an accident or dangerous occurrence
that has arisen out of a petroleum operation,
and the inspector must, unless the Minister revokes the
direction, conduct an inspection accordingly.
5 Subdivision 3 -- Powers of inspectors in relation to the conduct
of inspections
48. Powers of entry and search -- places at which petroleum
operations are carried on
(1) An inspector may, for the purposes of an inspection, at any
10 reasonable time during the day or night --
(a) enter the place at which a petroleum operation is
carried on and to which the inspection relates and
do all or any of the following --
(i) search the place;
15 (ii) inspect, examine, take measurements of, or
conduct tests concerning, any workplace,
facility, plant, substance or thing at the
place;
(iii) take photographs of, make video recordings
20 of, or make sketches of, any workplace,
facility, plant, substance or thing at the
place;
(iv) inspect, take extracts from, or make copies
of, any documents at the place that the
25 inspector has reasonable grounds to believe
relate, or are likely to relate, to the subject
matter of the inspection;
and
(b) inspect the seabed and subsoil in the vicinity of the
30 place to which the inspection relates.
(2) Immediately on entering a place at which a petroleum
operation is carried on for the purposes of an inspection, an
inspector must take reasonable steps to notify the purpose of
entering the place to --
35 (a) the operator's representative; and
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(b) if there is a safety and health representative for a
designated work group having a group member
likely to be affected by the matter the subject of the
inspection -- that representative,
5 and must, on being requested to do so by the person referred
to in paragraph (a) or (b), produce for inspection by that
person --
(c) the inspector's certificate of appointment under
section 118(2);
10 (d) a copy of the Minister's written direction (if any) to
conduct the inspection; and
(e) a copy of the restrictions (if any) imposed on the
powers of the inspector under clause 46(3).
(3) If there is a safety and health representative for a designated
15 work group having a group member likely to be affected by
the matter the subject of the inspection, the inspector must
afford the safety and health representative a reasonable
opportunity to consult on the matter the subject of the
inspection.
20 49. Powers of entry and search -- regulated business
premises (other than places where petroleum operations
carried on)
(1) An inspector may, for the purposes of an inspection --
(a) at any reasonable time, enter any regulated business
25 premises (other than a place at which a petroleum
operation is carried on) if the inspector has
reasonable grounds to believe that there are likely to
be at those premises documents that relate to a
petroleum operation that is a subject of the
30 inspection; and
(b) search for, inspect, take extracts from, or make
copies of, any such documents at those premises.
(2) Immediately on entering premises referred to in
subclause (1), an inspector must take reasonable steps to
35 notify the purpose of the entry to the occupier of those
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premises, and must, on being requested to do so by the
occupier, produce for inspection by the occupier --
(a) the inspector's certificate of appointment under
section 118(2);
5 (b) a copy of the Minister's written direction (if any) to
conduct the inspection; and
(c) a copy of the restrictions (if any) imposed on the
powers of the inspector under clause 46(3).
50. Powers of entry and search -- premises (other than
10 regulated business premises)
(1) An inspector may, for the purposes of an inspection --
(a) enter any premises (other than regulated business
premises) if the inspector has reasonable grounds to
believe that there are likely to be at those premises
15 documents that relate to a petroleum operation that
is the subject of the inspection; and
(b) search for, inspect, take extracts from, or make
copies of, any such documents at those premises.
(2) An inspector may exercise the powers referred to in
20 subclause (1) to enter premises only --
(a) if the premises are not a residence --
(i) in accordance with a warrant under
clause 51;
(ii) with the consent of the occupier of the
25 premises;
or
(b) if the premises are a residence -- with the consent
of the occupier of the premises.
(3) Immediately on entering premises referred to in
30 subclause (1), an inspector must --
(a) take reasonable steps to notify the purpose of the
entry to the occupier of those premises;
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(b) take reasonable steps to produce, for inspection by
the occupier, the inspector's certificate of
appointment under section 118(2); and
(c) on being requested to do so by the occupier,
5 produce, for inspection by the occupier --
(i) a copy of the Minister's written direction (if
any) to conduct the inspection; and
(ii) a copy of the restrictions (if any) imposed
on the powers of the inspector under
10 clause 46(3).
(4) If --
(a) an inspector enters premises in accordance with a
warrant under clause 51; and
(b) the occupier of the premises is present at the
15 premises,
the inspector must make a copy of the warrant available to
the occupier.
(5) Before obtaining the consent of a person as mentioned in
subclause (2)(a) or (b), an inspector must inform the person
20 that --
(a) the person may refuse consent; and
(b) the consent may be withdrawn.
(6) The consent of a person is not effective for the purposes of
subclause (2) unless the consent is voluntary.
25 51. Warrant to enter premises (other than regulated
business premises)
(1) An inspector may apply to a magistrate for a warrant
authorising the inspector, with any assistance as the
inspector thinks necessary, to exercise the powers referred
30 to in clause 50(1) in relation to particular premises (other
than a residence).
(2) The application must be supported by evidence on oath
(whether oral or by affidavit) that sets out the grounds on
which the inspector is applying for the warrant.
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(3) If the magistrate is satisfied that there are reasonable
grounds for issuing the warrant, the magistrate may issue the
warrant.
(4) A warrant issued under subclause (3) must state --
5 (a) the name of the inspector;
(b) whether the inspection may be carried out at any
time or only during specified hours of the day;
(c) the day on which the warrant ceases to have effect;
and
10 (d) the purposes for which the warrant is issued.
(5) The day specified under subclause (4)(c) is not to be more
than 7 days after the day on which the warrant is issued.
(6) The purposes specified under subclause (4)(d) must include
the identification of the premises in relation to which the
15 warrant is issued.
52. Obstructing or hindering inspector
A person must not, without reasonable excuse, obstruct or
hinder an inspector in the exercise of an inspector's powers
under clause 48, 49 or 50.
20 Penalty: $5 500.
53. Power to require assistance and information
(1) An inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of an
inspection, require --
25 (a) the operator of a petroleum operation;
(b) the person in charge of a petroleum operation;
(c) a member of the workforce engaged in a petroleum
operation; or
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(d) any person representing a person referred to in
paragraph (a) or (b),
to provide the inspector with reasonable assistance and
amenities --
5 (e) that is or are reasonably connected with the conduct
of the inspection in relation to the petroleum
operation; or
(f) for the effective exercise of the inspector's powers
under this Schedule in connection with the conduct
10 of the inspection in relation to the petroleum
operation.
(2) The reasonable assistance referred to in subclause (1)
includes, so far as the operator of a petroleum operation is
concerned --
15 (a) appropriate transport for the inspector to and from
the place to be inspected and for any equipment
required by the inspector, or any article of which the
inspector has taken possession; and
(b) reasonable accommodation and means of
20 subsistence while the inspector is at the place to be
inspected.
(3) A person must not fail, without reasonable excuse, to
comply with a requirement under this clause.
Penalty: $3 300 or imprisonment for 6 months or both.
25 54. Power to require the answering of questions and the
production of documents or articles
(1) If --
(a) an inspector believes on reasonable grounds that a
person is capable of answering a question that is
30 reasonably connected with the conduct of an
inspection; and
(b) the person is --
(i) the operator of a petroleum operation;
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(ii) the person in charge of a petroleum
operation;
(iii) a member of the workforce engaged in a
petroleum operation; or
5 (iv) any person representing a person referred to
in subparagraph (i) or (ii),
the inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of
the inspection, require the person to answer the
10 question put by the inspector.
(2) If, at the time when a requirement under subclause (1) is
imposed on a person, the person is not physically present on
regulated business premises, the person is not obliged to
comply with the requirement unless the requirement --
15 (a) is in writing;
(b) specifies the day on or before which the question is
to be answered (being at least 14 days after the day
on which the requirement is imposed); and
(c) is accompanied by a statement to the effect that a
20 failure to comply with the requirement is an
offence.
(3) If --
(a) an inspector believes on reasonable grounds that a
person is capable of producing a document or article
25 that is reasonably connected with the conduct of an
inspection; and
(b) the person is --
(i) the operator of a petroleum operation;
(ii) the person in charge of a petroleum
30 operation;
(iii) a member of the workforce engaged in a
petroleum operation; or
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(iv) any person representing a person referred to
in subparagraph (i) or (ii),
the inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of the
5 inspection, require the person to produce the document or
article.
(4) If, at the time when a requirement under subclause (3) is
imposed on a person, the person is not physically present on
regulated business premises, the person is not obliged to
10 comply with the requirement unless the requirement --
(a) is in writing;
(b) specifies the day on or before which the document
or article is to be produced (being at least 14 days
after the day on which the requirement is imposed);
15 and
(c) is accompanied by a statement to the effect that a
failure to comply with the requirement is an
offence.
(5) A person must not --
20 (a) fail, without reasonable excuse, to comply with a
requirement under this clause; or
(b) in purported compliance with a requirement under
this clause, give information that is false or
misleading in a material particular.
25 Penalty: $3 300 or imprisonment for 6 months or both.
55. Privilege against self-incrimination
(1) A person is not excused from answering a question or
producing a document or article when required to do so
under clause 54 on the ground that the answer to the
30 question, or the production of the document or article, may
tend to incriminate the person or make the person liable to a
penalty.
(2) However --
(a) the answer given or document or article produced;
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(b) answering the question or producing the document
or article; or
(c) any information, document or thing obtained as a
direct or indirect consequence of the answering of
5 the question or the production of the document or
article,
is not admissible in evidence against the person --
(d) in any civil proceedings; or
(e) in any criminal proceedings other than proceedings
10 for an offence against clause 54.
56. Power to take possession of plant, take samples of
substances etc.
(1) In conducting an inspection, an inspector may, to the extent
that it is reasonably necessary for the purposes of inspecting,
15 examining, taking measurements of or conducting tests
concerning, any plant, substance or thing at a place at which
a petroleum operation is carried out in connection with the
inspection --
(a) take possession of the plant, substance or thing and
20 remove it from the place; or
(b) take a sample of the substance or thing and remove
that sample from the place.
(2) On taking possession of plant, a substance or a thing, or
taking a sample of a substance or thing, the inspector must,
25 by notice in writing, inform --
(a) the operator of the petroleum operation;
(b) if the plant, substance or thing is used for the
performance of work by an employer of a member
or members of the workforce engaged in the
30 petroleum operation other than the operator of the
petroleum operation -- that employer;
(c) if the plant, substance or thing is owned by a person
other than a person mentioned in paragraph (a) or
(b) -- that person; and
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(d) if there is a safety and health representative for a
designated work group that includes a member of
the workforce who is affected by the matter to
which the inspection relates -- that representative,
5 of the taking of possession or the taking of the sample, as
the case may be, and the reasons for it.
(3) If the inspector gives the notice to the operator of the
petroleum operation to which the inspection relates, the
operator's representative must cause the notice to be
10 displayed in a prominent place at the workplace from which
the plant, substance or thing was removed.
(4) If the inspector takes possession of plant, a substance or a
thing at a workplace for the purpose of inspecting,
examining, taking measurements of or conducting tests
15 concerning, the plant, substance or thing, the inspector
must --
(a) ensure that the inspection, examination, measuring
or testing is conducted as soon as practicable; and
(b) return it to the workplace as soon as practicable
20 afterwards.
(5) As soon as practicable after completing any such inspection,
examination, measurement or testing, the inspector must
give a written statement setting out the results to each
person whom the inspector is required to notify under
25 subclause (2).
57. Power to direct that workplace etc. not be disturbed
(1) An inspector may give a direction under subclause (2) if, in
conducting an inspection, the inspector has reasonable
grounds to believe that it is reasonably necessary to do so in
30 order to --
(a) remove an immediate threat to the safety or health
of any person; or
(b) allow the inspection, examination or taking of
measurements of, or conducting of tests concerning,
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a facility, or any plant, substance or thing, for use in
a petroleum operation.
(2) If subclause (1) applies, the inspector may direct, by written
notice given to the operator's representative, that the
5 operator must ensure that --
(a) a particular workplace; or
(b) particular plant, or a particular substance or thing,
not be disturbed for a period specified in the direction.
(3) The period specified in the direction must be a period that
10 the inspector has reasonable grounds to believe is necessary
in order to remove the threat or to allow the inspection,
examination, measuring or testing to take place.
(4) The direction may be renewed by another direction in the
same terms.
15 (5) If an inspector gives a notice to the operator's representative
under subclause (2), the operator's representative must
cause the notice to be displayed in a prominent place at the
workplace --
(a) that is to be left undisturbed; or
20 (b) where the plant, substance or thing that is to be left
undisturbed is located.
(6) As soon as practicable after giving the direction, the
inspector must take reasonable steps to notify --
(a) if the workplace, plant, substance or thing to which
25 the direction relates is owned by a person other than
the operator of the petroleum operation -- that
person; and
(b) if there is a safety and health representative for a
designated work group that includes a group
30 member performing work --
(i) at a workplace; or
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(ii) involving the plant, substance or thing,
to which the direction relates -- that representative,
of the direction and the reasons for giving it.
(7) The operator of a petroleum operation to which a direction
5 concerning a workplace, plant, substance or a thing relates
must ensure that the direction is complied with.
Penalty: $27 500.
(8) A direction under subclause (2) must be accompanied by a
statement setting out the reasons for the direction.
10 58. Power to issue prohibition notices
(1) If, having conducted an inspection, an inspector is satisfied
on reasonable grounds that it is reasonably necessary to
issue a prohibition notice to the operator of a petroleum
operation in order to remove an immediate threat to the
15 safety or health of any person, the inspector may issue a
prohibition notice, in writing, to the operator.
(2) The notice must be issued to the operator by giving it to the
operator's representative.
(3) The notice must --
20 (a) specify the activity in respect of which, in the
inspector's opinion, the threat to safety or health has
arisen, and set out the reasons for that opinion; and
(b) either --
(i) direct the operator to ensure that the activity
25 is not engaged in; or
(ii) direct the operator to ensure that the activity
is not engaged in in a specified manner.
(4) A specified manner may relate to any one or more of the
following --
30 (a) any workplace, or part of a workplace, at which the
activity is not to be engaged in;
(b) any plant or substance that is not to be used in
connection with the activity;
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(c) any procedure that is not to be followed in
connection with the activity.
(5) The notice may specify action that may be taken to satisfy
an inspector that adequate action has been taken to remove
5 the threat to safety and health.
(6) The operator's representative must --
(a) give a copy of the notice to each safety and health
representative (if any) for any designated work
group having group members performing work that
10 is affected by the notice; and
(b) cause a copy of the notice to be displayed at a
prominent place at or near each workplace at which
that work is performed.
(7) If the notice relates to any workplace, plant, substance or
15 thing that is owned by a person other than the operator, the
inspector must, upon issuing the notice, give a copy of the
notice to that person.
59. Compliance with prohibition notice
(1) An operator must ensure that a prohibition notice issued to
20 the operator is complied with.
Penalty: $27 500.
(2) If an inspector is satisfied that action taken by the operator
to remove the threat to safety and health in respect of which
the notice was issued is not adequate, the inspector must
25 inform the operator accordingly.
(3) A prohibition notice ceases to have effect when an inspector
notifies the operator that the inspector is satisfied that the
operator has taken adequate action to remove the threat to
safety or health.
30 (4) In making a decision under subclause (2), an inspector may
exercise any of the powers of an inspector conducting an
inspection that the inspector considers necessary for the
purposes of making the decision.
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60. Power to issue improvement notices
(1) If, in conducting an inspection, an inspector believes on
reasonable grounds that a person --
(a) is contravening a listed OSH law; or
5 (b) has contravened a provision of a listed OSH law
and is likely to contravene that provision again,
the inspector may issue an improvement notice, in writing,
to the person (the "responsible person").
(2) If the responsible person is the operator, the improvement
10 notice may be issued to the operator by giving it to the
operator's representative.
(3) If the responsible person is an employer (other than the
operator) of members of the workforce, but it is not
practicable to give the notice to that employer --
15 (a) the improvement notice may be issued to the
employer by giving it to the operator's
representative; and
(b) if the notice is so issued -- the operator must ensure
that a copy of the notice is given to the employer as
20 soon as practicable afterwards.
(4) The notice --
(a) must specify the contravention that the inspector
believes is occurring or is likely to occur, and set
out the reasons for that belief;
25 (b) must specify a reasonable period within which the
responsible person is to take the action necessary to
prevent any further contravention or to prevent the
likely contravention, as the case may be; and
(c) may specify action that the responsible person is to
30 take during the period specified in the notice.
(5) If the inspector believes on reasonable grounds that it is
appropriate to do so, the inspector may, in writing and
before the end of the period, extend the period specified in
the notice.
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(6) If an improvement notice is issued to an employer (other
than the operator) of members of the workforce in
circumstances other than the circumstance referred to in
subclause (3), the employer must immediately ensure that a
5 copy of the notice is given to the operator's representative.
(7) If a notice is issued to the operator or to an employer (other
than the operator) of members of the workforce, the
operator's representative must --
(a) give a copy of the notice to each safety and health
10 representative for a designated work group having
group members performing work that is affected by
the notice; and
(b) cause a copy of the notice to be displayed in a
prominent place at or near each workplace at which
15 the work is being performed.
(8) On issuing a notice, the inspector must give a copy of the
notice to --
(a) if the notice is --
(i) given to a member of the workforce who is
20 an employee; and
(ii) in connection with work performed by the
employee,
the employer of that employee;
(b) if the notice relates to any workplace, plant,
25 substance or thing that is owned by a person other
than --
(i) a responsible person; or
(ii) a person who is an employer referred to in
paragraph (a),
30 that owner; and
(c) if the notice is issued to a person who owns any
workplace, plant, substance or thing, because of
which a contravention of a listed OSH law has
occurred or is likely to occur --
35 (i) the operator of the petroleum operation; and
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(ii) if the employer of employees who work in
that workplace or who use that plant,
substance or thing is a person other than the
operator -- that employer.
5 61. Compliance with improvement notice
A person to whom an improvement notice is issued must
comply with it to the extent that the notice relates to any
matter over which the person has control.
Penalty: $11 000.
10 62. Notices not to be tampered with or removed
(1) A person must not, without reasonable excuse, tamper with
any notice that has been displayed under clause 56(3), 57(5),
58(6) or 60(7) while that notice is so displayed.
(2) If a notice has been displayed under clause 56(3), a person
15 must not, without reasonable excuse, remove the notice until
the plant or thing to which the notice relates is returned to
the workplace from which it was removed.
(3) If a notice has been displayed under clause 57(5), 58(6) or
60(7), a person must not, without reasonable excuse, remove
20 the notice before it has ceased to have effect.
Penalty applicable to subclauses (1), (2) and (3): $11 000.
Subdivision 4 -- Reports on inspections
63. Reports on inspections
(1) If an inspector has conducted an inspection, the inspector
25 must, as soon as practicable, prepare a written report
relating to the inspection and give the report to the Minister.
(2) The report must include --
(a) the inspector's conclusions from conducting the
inspection and the reasons for those conclusions;
30 (b) any recommendations that the inspector wishes to
make arising from the inspection; and
(c) any other prescribed matters.
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(3) As soon as practicable after receiving the report, the
Minister must give a copy of the report, together with any
written comments that the Minister wishes to make --
(a) to the operator of the petroleum operation to which
5 the report relates;
(b) if the report relates to activities performed by an
employee of another person -- that other person;
and
(c) if the report relates to any plant, substance or thing
10 owned by another person -- that other person.
(4) The Minister may, in writing, request the operator or any
other person to whom the report is given to provide to the
Minister, within a reasonable period specified in the request,
details of --
15 (a) any action proposed to be taken as a result of the
conclusions or recommendations contained in the
report; and
(b) if a notice has been issued under clause 58 or 60 in
relation to work being performed for the operator or
20 that other person -- any action taken, or proposed
to be taken, in respect of that notice,
and the operator or that other person must comply with the
request.
(5) As soon as practicable after receiving a report, the operator
25 of the petroleum operation must give a copy of the report,
together with any written comment made by the Minister on
the report --
(a) if there is at least one safety and health committee
in respect of some or all of the members of the
30 workforce -- to each such committee; and
(b) if there is no such committee in respect of some or
all of the members of the workforce, but some or all
of those members (in respect of which there is no
such committee) are in at least one designated work
35 group for which there is a safety and health
representative -- to each such safety and health
representative.
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Subdivision 5 -- Reviews
64. Reviews of inspectors' decisions
(1) If an inspector, in conducting an inspection or having
conducted an inspection --
5 (a) decides, under clause 37, to confirm or vary a
provisional improvement notice;
(b) decides, under clause 56, to take possession of
plant, a substance or a thing at a workplace;
(c) decides, under clause 57, to direct that a workplace,
10 a part of a workplace, plant, a substance or a thing
not be disturbed;
(d) decides, under clause 58, to issue a prohibition
notice;
(e) decides, under clause 59, that the operator of a
15 petroleum operation to whom a prohibition notice
has been issued has not taken adequate action to
remove the threat to safety and health that caused
the notice to be issued; or
(f) decides, under clause 60, to issue an improvement
20 notice,
a person referred to in subclause (2) may apply in writing to
the reviewing authority for a review of the decision.
(2) The following persons may apply for a review of the
decision, as is relevant to the case --
25 (a) the operator of the petroleum operation or any
employer (other than the operator) who is affected
by the decision;
(b) a person to whom a notice has been issued under
clause 36(2) or 60(1);
30 (c) the safety and health representative for a designated
work group having a group member affected by the
decision;
(d) a workforce representative in relation to the
designated work group that includes a group
35 member who is affected by the decision and who
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has requested the workforce representative to apply
for a review of the decision;
(e) if there is no such designated work group, and a
member of the workforce affected by the decision
5 has requested a workforce representative in relation
to the member to apply for the review of the
decision -- that workforce representative;
(f) a person who owns any workplace, plant, substance
or thing to which the decision referred to in
10 subclause (1)(a), (b), (c) or (f) relates.
(3) If an inspector, having conducted an inspection --
(a) decides under clause 37 to cancel a provisional
improvement notice; or
(b) decides under clause 59 that the operator of a
15 petroleum operation to whom a prohibition notice
has been issued has taken adequate action to remove
the threat to safety and health that caused the notice
to be issued,
the following persons may apply in writing for a review of
20 the decision, as is relevant in the case --
(c) the safety and health representative for a designated
work group having a group member affected by the
decision;
(d) a workforce representative in relation to the
25 designated work group that includes a group
member who is affected by the decision and who
has requested the workforce representative to apply
for a review of the decision;
(e) if there is no such designated work group, and a
30 member of the workforce affected by the decision
has requested a workforce representative in relation
to the member to apply for a review of the
decision -- that workforce representative.
(4) Subject to this clause, applying for a review of a decision
35 does not affect the operation of the decision or prevent the
taking of action to implement that decision, except to the
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s. 17
extent that the reviewing authority makes an order to the
contrary.
(5) If the decision to be reviewed is a decision under clause 60
to issue an improvement notice, the operation of the notice
5 is suspended pending determination of the review, except to
the extent that the reviewing authority makes an order to the
contrary.
(6) If the decision to be reviewed is a decision of an inspector
under clause 37 to confirm or vary a provisional
10 improvement notice whose operation has been suspended
pending the inspection of the matter to which the notice
relates, the operation of the notice is further suspended
pending determination of the review, except to the extent
that the reviewing authority makes an order to the contrary.
15 (7) In this clause and in clause 65 --
"reviewing authority" means a person prescribed by the
regulations to be a reviewing authority for the purposes
of this clause.
65. Powers of reviewing authority on review
20 (1) On a review of decision, the reviewing authority may --
(a) affirm, vary or revoke the decision; and
(b) if it revokes the decision -- substitute any other
decision of the kind being reviewed that it thinks
appropriate.
25 (2) If the decision is --
(a) varied;
(b) revoked; or
(c) revoked with the substitution of another decision,
the decision is taken to have effect, and always to have had
30 effect, accordingly.
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(3) If --
(a) the decision being reviewed is a decision under
clause 56 to take possession of plant, a substance or
a thing at a workplace; and
5 (b) the decision is not affirmed,
the inspector who made the decision must ensure that, to the
extent that the decision is not affirmed, the plant, substance
or thing is returned to the workplace as soon as practicable.
66. Expiry of Subdivision 5
10 This Subdivision ceases to have effect on the day on which
the first regulations made under clause 79 come into
operation.
Division 5 -- General
67. Notifying and reporting accidents and dangerous
15 occurrences
(1) If, arising from a petroleum operation, there is --
(a) an accident that causes the death of, or serious
personal injury to, any person;
(b) an accident that causes a member of the workforce
20 to be incapacitated from performing work for a
period prescribed for the purposes of this paragraph;
or
(c) a dangerous occurrence,
the operator must, in accordance with the regulations, give
25 the Minister notice of, and a report about, the accident or
dangerous occurrence.
Penalty: $5 000.
(2) Regulations made for the purposes of subclause (1) (other
than regulations made for the purpose of subclause (1)(b))
30 may prescribe --
(a) the time within which, and the manner in which,
notice of an accident or dangerous occurrence is to
be given, and the form of the notice; and
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(b) the time within which, and the manner in which, a
report of an accident or dangerous occurrence is to
be given, and the form of the report.
(3) Subclause (2) does not limit regulations that may be made
5 for the purposes of subclause (1).
68. Records of accidents and dangerous occurrences to be
kept
(1) The operator of a petroleum operation must maintain, in
accordance with the regulations, a record of each accident or
10 dangerous occurrence in respect of which the operator is
required by clause 67 to notify the Minister.
(2) Regulations made for the purposes of subclause (1) may
prescribe --
(a) the nature of the contents of a record maintained
15 under this clause; and
(b) the period for which the record must be retained.
(3) Subclause (2) does not limit regulations that may be made
for the purposes of subclause (1).
69. Codes of practice
20 (1) The regulations may prescribe codes of practice for the
purpose of providing practical guidance to operators of
petroleum operations and employers (other than operators)
of members of the workforce engaged in petroleum
operations.
25 (2) A person is not liable in any civil or criminal proceedings
for contravening a code of practice.
70. Use of codes of practice in proceedings
(1) This clause applies if, in any proceedings for an offence
against a listed OSH law, it is alleged that a person
30 contravened a provision of a listed OSH law in relation to
which a code of practice was in effect at the time of the
alleged contravention.
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(2) The code of practice is admissible in evidence in those
proceedings.
(3) If the court is satisfied, in relation to any matter which it is
necessary for the prosecution to prove in order to establish
5 the alleged contravention, that --
(a) any provision of the code of practice is relevant to
that matter; and
(b) the person failed at any material time to comply
with that provision of the code of practice,
10 that matter is treated as proved unless the court is satisfied
that in respect of that matter the person complied with that
provision of the listed OSH law otherwise than by
complying with the code of practice.
71. Interference etc. with equipment etc.
15 A person must not, without reasonable excuse, do anything
that results in the interference with, or the rendering
ineffective of, any protective equipment or safety device
provided for the occupational safety and health of members
of the workforce engaged in a petroleum operation if the
20 person knew (or ought reasonably to have known) that the
equipment or device was protective equipment or a safety
device.
Penalty: $3 300 or imprisonment for 6 months or both.
72. No charges to be levied on members of workforce
25 The operator of a petroleum operation or an employer (other
than the operator) of members of the workforce engaged in a
petroleum operation must not levy, or permit to be levied,
on a member of the workforce any charge in respect of
anything done or provided in accordance with a listed OSH
30 law in order to ensure the occupational safety and health of
persons engaged in the petroleum operation or any other
protected persons.
Penalty: $27 500.
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73. Victimisation
(1) An employer (whether the operator or another person) must
not --
(a) dismiss an employee;
5 (b) perform an act that results in injury to an employee
in his or her employment;
(c) perform an act that prejudicially alters the
employee's position (whether by deducting or
withholding remuneration or by any other means);
10 or
(d) threaten to do any of those things,
because the employee --
(e) has complained or proposes to complain about a
matter concerning the safety or health of employees
15 at work;
(f) has assisted or proposes to assist, by giving
information or otherwise, the conduct of an
inspection; or
(g) has ceased, or proposes to cease, to perform work,
20 in accordance with a direction by a safety and
health representative under clause 42(1)(b) or
(3)(c), and the cessation or proposed cessation does
not continue after --
(i) the safety and health representative has
25 agreed with a person supervising the work
that the cessation or proposed cessation was
not, or is no longer, necessary; or
(ii) an inspector has, under clause 42(5), made a
decision that has the effect that the
30 employee should perform the work.
Penalty: $27 500.
(2) In proceedings for an offence against subclause (1), if all the
relevant facts and circumstances, other than the reason for
an action alleged in the charge, are proved, the defendant
35 has the onus of establishing that the action was not taken for
that reason.
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74. Institution of prosecutions
(1) Proceedings for an offence against a listed OSH law may be
instituted by an inspector but an inspector is not to be
personally responsible for any costs incurred by or awarded
5 against the inspector in connection with any proceeding for
an offence against a listed OSH law.
(2) A safety and health representative for a designated work
group may request an inspector to institute proceedings for
an offence against a listed OSH law in relation to the
10 occurrence of an act or omission if --
(a) a period of 6 months has elapsed since the act or
omission occurred;
(b) the safety and health representative considers that
the occurrence of the act or omission constitutes an
15 offence against a listed OSH law; and
(c) proceedings in respect of the offence have not been
instituted.
(3) A workforce representative in relation to a designated work
group may request an inspector to institute proceedings for
20 an offence against a listed OSH law in relation to the
occurrence of an act or omission if --
(a) a period of 6 months has elapsed since the act or
omission occurred;
(b) the workforce representative considers that the
25 occurrence of the act or omission constitutes an
offence against a listed OSH law;
(c) proceedings in respect of the offence have not been
instituted; and
(d) a group member included in the group requests the
30 workforce representative to request an inspector to
institute the proceedings.
(4) A request under subclause (2) or (3) must be in writing.
(5) An inspector must, within 3 months after receiving the
request, advise the safety and health representative or the
35 workforce representative, as the case may be, whether
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Petroleum Act 1967 Part 2
s. 17
proceedings under subclause (1) have been or will be
instituted, and, if not, give reasons why not.
75. Conduct of directors, employees and agents
(1) This clause has effect for the purposes of a proceeding for
5 an offence against a listed OSH law.
(2) If it is necessary to establish the state of mind of a body
corporate in relation to particular conduct, it is sufficient to
show --
(a) that the conduct was engaged in by a director,
10 employee or agent of the body corporate within the
scope of actual or apparent authority; and
(b) that the director, employee or agent had the state of
mind.
(3) Any conduct engaged in on behalf of a body corporate by a
15 director, employee or agent of the body corporate within the
scope of actual or apparent authority is taken to have been
engaged in also by the body corporate unless it establishes
that it took reasonable precautions and exercised due
diligence to avoid the conduct.
20 (4) If it is necessary to establish the state of mind of a natural
person in relation to particular conduct, it is sufficient to
show --
(a) that the conduct was engaged in by an employee or
agent of the natural person within the scope of
25 actual or apparent authority; and
(b) that the employee or agent had the state of mind.
(5) Any conduct engaged in on behalf of a natural person by an
employee or agent of the natural person within the scope of
actual or apparent authority is taken to have been engaged in
30 also by the natural person unless the natural person
establishes that he or she took reasonable precautions and
exercised due diligence to avoid the conduct.
(6) If --
(a) a natural person is found guilty of an offence; and
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Part 2 Petroleum Act 1967
s. 17
(b) he or she would not have been found guilty of the
offence if subclauses (4) and (5) had not been
enacted,
he or she is not liable to be punished by imprisonment for
5 that offence.
(7) A reference in subclause (2) or (4) to the state of mind of a
person includes a reference to --
(a) the person's knowledge, intention, opinion, belief or
purpose; and
10 (b) the person's reasons for the intention, opinion,
belief or purpose.
76. Act not to give rise to other liabilities etc.
This Schedule does not --
(a) confer a right of action in any civil proceeding in
15 respect of any contravention of a listed OSH law; or
(b) confer a defence to an action in any civil proceeding
or otherwise affect a right of action in any civil
proceeding.
77. Circumstances preventing compliance may be defence to
20 prosecution
It is a defence to a prosecution for a contravention of a listed
OSH law if the defendant proves that it was not practicable
to comply with it because of an emergency prevailing at the
relevant time.
25 78. Regulations -- general
(1) The regulations may prescribe any of the following --
(a) procedures for the selection of persons, under
clause 39, as members of safety and health
committees, to represent the interests of members of
30 the workforce engaged in a petroleum operation;
(b) procedures to be followed at meetings of safety and
health committees;
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Petroleum Act 1967 Part 2
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(c) the manner in which notices are to be served under
this Schedule or the regulations;
(d) forms for the purposes of this Schedule or the
regulations.
5 (2) If the Minister is satisfied that --
(a) a power, function or duty is conferred or imposed
on a person under a law of this State or the
Commonwealth; and
(b) the proper exercise of the power or performance of
10 the function or duty is or would be prevented by this
Schedule or a provision of this Schedule,
regulations made for the purposes of this subclause may
declare that this Schedule, or the provision, as the case may
be, does not apply to that person, or does not apply to that
15 person in the circumstances specified in the regulations.
(3) Regulations made for the purposes of subclause (2) do not
remain in force for longer than 5 years after they commence,
but this subclause does not prevent the making of further
regulations of the same substance.
20 (4) In subclause (2) --
"this Schedule" includes regulations made for the purposes
of this Schedule.
79. Regulations -- review
(1) Regulations made for the purposes of this clause cannot
25 come into operation before the day on which section 49 of
the Petroleum Legislation Amendment and Repeal Act 2004
comes into operation.
(2) The regulations may provide for the review, by a person
prescribed to be a reviewing authority for the purposes of
30 this subclause, of a decision that, before the expiry of
Division 4 Subdivision 5, could have been the subject of a
review under clause 64.
(3) The regulations may provide for any of the following
matters to be referred to the Tribunal, within the meaning
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 2 Petroleum Act 1967
s. 17
given by section 51G(2) of the Occupational Safety and
Health Act 1984, for review --
(a) a decision of a reviewing authority for the purposes
of clause 21;
5 (b) a decision of a reviewing authority for the purposes
of subclause (2).
(4) Regulations for the purposes of subclause (2) or (3) may
prescribe any of the following, as is relevant to the case --
(a) by whom matters for review may be referred to the
10 reviewing authority or the Tribunal;
(b) how and when matters for review may be referred
to the reviewing authority or the Tribunal;
(c) requirements for the giving of notice of referrals to
the reviewing authority or the Tribunal;
15 (d) the nature of reviews by the reviewing authority or
the Tribunal;
(e) the functions that may be performed and the powers
that may be exercised by the reviewing authority or
the Tribunal when reviewing a matter;
20 (f) requirements for the giving of notice of decisions
made by the reviewing authority or the Tribunal on
referrals and the reasons for those decisions;
(g) the effect or operation of a decision or notice
pending its review by the reviewing authority or the
25 Tribunal.
(5) Regulations may prescribe the Tribunal to be the deciding
authority for the purposes of clause 30.
(6) Regulations for the purposes of subclause (3) or (5) may
provide --
30 (a) that where a matter is referred to, or to be decided
by, the Tribunal --
(i) the matter may be heard and determined;
and
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Petroleum Act 1967 Part 2
s. 17
(ii) a determination made by the Tribunal on
the matter has effect, and may be appealed
against and enforced,
as if it were --
5 (iii) a matter in respect of which jurisdiction is
conferred on the Tribunal by Part VIB of
the Occupational Safety and Health
Act 1984; or
(iv) a determination made for the purposes of
10 that Part;
(b) that the provisions of --
(i) Part VIB of the Occupational Safety and
Health Act 1984; and
(ii) the Industrial Relations Act 1979 applied by
15 that Part,
have effect for the purposes of the regulations made
for the purposes of this clause with all necessary
changes;
(c) that in the operation of regulations providing for
20 matters in accordance with paragraph (b),
section 51J(1) of the Occupational Safety and
Health Act 1984 has effect as if it were expressed to
apply where a decision of a reviewing authority for
the purposes of clause 21 has been referred to the
25 Tribunal for review;
(d) for any transitional provisions relating to matters --
(i) referred for review under clause 64 but not
finally determined before the day on which
regulations made for the purposes of
30 subclause (2) or (3) first come into
operation; or
(ii) applications under clause 30 not finally
determined before the day on which
regulations made for the purposes of
35 subclause (5) first come into operation.
".
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 3 Petroleum Pipelines Act 1969
s. 18
Part 3 -- Petroleum Pipelines Act 1969
18. The Act amended
The amendments in this Part are to the Petroleum Pipelines
Act 1969*.
5 [* Reprinted as at 12 May 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 288 and
Act No. 4 of 2004.]
19. Section 4 amended
10 Section 4(1) is amended by inserting in the appropriate
alphabetical positions the following definitions --
"
"listed OSH law" means --
(a) section 65;
15 (b) Schedule 1;
(c) a regulation made for the purposes of
Schedule 1;
(d) a regulation made for the purposes of
section 56B; or
20 (e) any other written law relating to
occupational safety and health matters that is
prescribed for the purposes of this paragraph;
"other protected person" means a person who is at or
near a place where a pipeline operation is being
25 carried on at the invitation of, or with the express
or implied consent of --
(a) the licensee for the pipeline operation; or
(b) a person in control of a part of the pipeline
operation;
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Petroleum Pipelines Act 1969 Part 3
s. 20
"pipeline operation" means an operation --
(a) in connection with the construction,
operation, inspection (by a person other than
an inspector), maintenance or repair of a
5 pipeline; and
(b) carried out on land that is specified in any
licence as licence area;
".
20. Section 5AA inserted
10 After section 5 the following section is inserted in Part 1 --
"
5AA. Disapplication of State occupational safety and
health laws
(1) The prescribed occupational safety and health laws do
15 not apply in relation to --
(a) a pipeline operation; or
(b) a person engaged in a pipeline operation or any
other protected person.
(2) In this section --
20 "prescribed occupational safety and health laws"
means any laws of the State relating to
occupational safety and health (whether or not
they also relate to other matters) that are
prescribed by the regulations for the purposes of
25 this section.
".
21. Section 36A amended
Section 36A is amended by deleting "and shall secure the
safety, health and welfare of persons engaged in operations in
30 connection with the pipeline".
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 3 Petroleum Pipelines Act 1969
s. 22
22. Section 55 repealed
Section 55 is repealed.
23. Part IVA inserted
After section 56 the following Part is inserted --
5 "
Part IVA -- Occupational safety and health
56A. Occupational safety and health
Schedule 1 has effect.
56B. Regulations relating to occupational safety and
10 health
(1) The regulations may make provision in relation to --
(a) the occupational safety and health of a person
engaged in a pipeline operation; or
(b) the safety and health of any other protected
15 person.
(2) Without limiting subsection (1), regulations for the
purpose of that subsection may --
(a) require a person who is carrying on a pipeline
operation to establish and maintain a system of
20 management to secure --
(i) the occupational safety and health of a
person engaged in a pipeline operation;
or
(ii) the safety and health of any other
25 protected person;
and
(b) specify requirements with which the system
must comply.
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Petroleum Pipelines Act 1969 Part 3
s. 24
56C. Minister's occupational safety and health functions
(1) The Minister has the following functions --
(a) to promote the occupational safety and health
of persons engaged in pipeline operations;
5 (b) to develop and implement effective monitoring
and enforcement strategies to secure
compliance by persons with their occupational
safety and health obligations under this Act;
(c) to investigate accidents, occurrences and
10 circumstances that affect, or have the potential
to affect, the occupational safety and health of
persons engaged in pipeline operations;
(d) to advise persons, either on the Minister's own
initiative or on request, on occupational safety
15 and health matters relating to pipeline
operations.
(2) The Minister has power to do all things necessary or
convenient to be done for or in connection with the
performance of the Minister's functions.
20 ".
24. Section 61 amended
(1) Section 61(1)(a) is amended by deleting "Department of Mines
at Perth in the State" and inserting instead --
"
25 department of the Public Service principally
assisting in the administration of this Act
".
(2) Section 61(4) is repealed.
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 3 Petroleum Pipelines Act 1969
s. 25
25. Section 62 amended
(1) Section 62(1) is amended by deleting "the purposes of this Act
and the regulations." and inserting instead --
"
5 such or all of the purposes of this Act as are specified
in the instrument of appointment.
".
(2) Section 62(2) is amended by deleting "he is an inspector for the
purposes of this Act and the regulations." and inserting
10 instead --
"
the person is an inspector for the purposes specified in
the certificate.
".
15 26. Section 63 amended
Section 63(1) is amended by deleting "and the regulations," and
inserting instead --
"
, but without affecting the powers of an inspector under
20 Schedule 1,
".
27. Section 63A inserted
After section 63 the following section is inserted --
"
25 63A. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for
anything that the person has done, in good faith, in the
performance or purported performance of a function
under this Act.
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Petroleum Pipelines Act 1969 Part 3
s. 28
(2) The protection given by subsection (1) applies even
though the thing done as described in that subsection
may have been capable of being done whether or not
this Act had been enacted.
5 (3) Despite subsection (1), the State is not relieved of any
liability that it might have for another person having
done anything as described in that subsection.
(4) In this section a reference to the doing of anything
includes a reference to the omission to do anything.
10 ".
28. Section 65 replaced
Section 65 is repealed and the following section is inserted
instead --
"
15 65. Interfering with pipeline operation
A person must not intentionally or recklessly --
(a) cause damage to, or interfere with, any
pipeline; or
(b) interfere with any pipeline operation.
20 Penalty: imprisonment for 10 years.
".
29. Sections 66BA and 66BB inserted and transitional provision
(1) After section 66B the following sections are inserted --
"
25 66BA. Time for bringing proceedings for offences against
this Act (including the regulations)
A proceeding for an offence against this Act may be
brought at any time.
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 3 Petroleum Pipelines Act 1969
s. 29
66BB. Evidentiary matters
(1) In a proceeding for an offence against this Act an
averment in the complaint that at a particular time --
(a) a particular operation was a pipeline operation;
5 (b) a particular person was the licensee for a
pipeline operation;
(c) a particular person was in control of a particular
part of a pipeline operation;
(d) a particular person was an employer who
10 carried on a pipeline operation;
(e) a particular person was an employer of a
particular person or particular persons engaged
in a pipeline operation;
(f) a particular person was an employee or
15 inspector,
is to be taken to have been proved in the absence of
evidence to the contrary.
(2) In a proceeding for an offence against this Act, proof is
not required as to any of the following matters, unless
20 evidence is given to the contrary --
(a) a delegation under section 61 by the Minister of
a power or function;
(b) the authority of any person to institute a
proceeding for an offence against this Act other
25 than an offence against a listed OSH law;
(c) the authority of an inspector to institute a
proceeding for an offence against a listed OSH
law.
(3) In a proceeding for an offence against this Act,
30 production of a copy of --
(a) a code of practice;
(b) an Australian Standard; or
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Petroleum Pipelines Act 1969 Part 3
s. 30
(c) an Australian/New Zealand Standard,
purporting to be certified by the CEO to be a true copy
as at any date or during any period is, without proof of
the signature of the CEO, sufficient evidence of the
5 contents of the code of practice or Standard as at that
date or during that period.
(4) In subsection (3) --
"Australian Standard" means a document having that
title published by Standards Australia;
10 "Australian/New Zealand Standard" means a
document having that title jointly published by
Standards Australia and the Standards Council of
New Zealand;
"CEO" means the chief executive officer of the
15 department of the Public Service principally
assisting in the administration of this Act.
".
(2) Section 51 of the Justices Act 1902 as in force immediately
before the commencement of subsection (1) applies to an
20 offence against the Petroleum Pipelines Act 1969 committed
before that commencement as if subsection (1) had not been
enacted.
30. Section 67 amended
After section 67(1)(f) the following paragraphs are inserted --
25 "
(fa) fees in relation to pipeline safety audits or other
services provided by the Minister;
(fb) any transitional matter arising out of the
amendments made to this Act by the Petroleum
30 Legislation Amendment and Repeal Act 2004;
".
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Petroleum Legislation Amendment and Repeal Bill 2004
Part 3 Petroleum Pipelines Act 1969
s. 31
31. Various sections amended to delete "or the regulations"
(Interpretation Act 1984 s. 46)
The provisions set out in the Table to this section are amended
by deleting "or the regulations" in each case.
5 Table
s. 6(3)(b) s. 61
s. 22(1)(f) s. 66(1) and (2)
s. 42(1) s. 66A
32. Schedule 1 inserted
After section 67 the following Schedule is inserted --
"
Schedule 1 -- Occupational safety and health
10 [s. 56A]
Division 1 -- Introduction
1. Objects
The objects of this Schedule are, in relation to pipeline
operations --
15 (a) to secure the occupational safety and health of
persons engaged in those operations;
(b) to protect persons in the vicinity of those operations
at the invitation of, or with the express or implied
consent of, the licensees for, or persons in control of
20 a part of, those operations from risks to safety and
health arising out of those operations;
(c) to ensure that expert advice is available on
occupational safety and health matters in relation to
those operations;
25 (d) to promote an occupational environment for
members of the workforce engaged in those
operations that is adapted to their needs relating to
safety and health; and
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Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum Pipelines Act 1969 Part 3
s. 32
(e) to foster a consultative relationship between all
relevant persons concerning the safety and health of
members of the workforce engaged in those
operations.
5 2. Simplified outline
The following is a simplified outline of this Schedule --
· This Schedule sets up a scheme to regulate occupational
safety and health matters relating to pipeline operations.
· Occupational safety and health duties are imposed on
10 the following --
(a) the licensee for a pipeline operation;
(b) a person in control of any part of a pipeline
operation;
(c) an employer;
15 (d) a manufacturer of plant, or a substance, for use in
a pipeline operation;
(e) a supplier of a pipeline, or of any plant or
substance, for use in a pipeline operation;
(f) a person who constructs or installs a pipeline, or
20 any plant, for use in a pipeline operation;
(g) a person engaged in a pipeline operation.
· A group of members of the workforce engaged in a
pipeline operation may be established as a designated
work group.
25 · The members of a designated work group may select a
safety and health representative for that designated
work group.
· The safety and health representative may exercise
certain powers for the purpose of promoting or ensuring
30 the occupational safety and health of group members.
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· An inspector may conduct an inspection --
(a) to ascertain whether a listed OSH law is being
complied with;
(b) concerning a contravention or a possible
5 contravention of a listed OSH law; or
(c) concerning an accident or dangerous occurrence
that has happened at or near a place at which a
pipeline operation is carried on.
· The licensee for a pipeline operation must report to the
10 Minister accidents and dangerous occurrences arising
out of the pipeline operation.
3. Definitions
In this Schedule --
"accident" includes the contraction of a disease;
15 "contract" includes an arrangement or understanding;
"contractor" has the meaning given by clause 6;
"dangerous occurrence" means an occurrence declared by
the regulations to be a dangerous occurrence for the
purposes of this definition;
20 "designated work group" means --
(a) a group of members of the workforce engaged in
a pipeline operation that is established as a
designated work group under clause 17 or 18; or
(b) that group as varied in accordance with clause 19
25 or 20;
"employee", in relation to an employer, means an employee
of that employer;
"employer" means an employer who carries on a pipeline
operation;
30 "group member", in relation to a designated work group
for a pipeline operation, means a person who is --
(a) a member of the workforce engaged in that
operation; and
(b) included in that designated work group;
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"improvement notice" means an improvement notice
issued under clause 60(1);
"inspection" means an inspection conducted under
Division 4 and includes an investigation or inquiry;
5 "licensee", in relation to a pipeline operation, means the
registered holder of the licence granted in respect of
that operation;
" licensee's representative" means a person present at a
workplace in compliance with the obligations imposed
10 on the licensee by clause 4;
"member of the workforce", in relation to a pipeline
operation, means a natural person who is engaged in
the operation, whether --
(a) as an employee of the licensee or of another
15 person; or
(b) as a contractor of the licensee or of another
person;
"own" includes own jointly and own in part;
"plant" includes any machinery, equipment or tool, or any
20 component;
"premises" includes the following --
(a) a structure or building;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or
25 (b);
"prohibition notice" means a prohibition notice issued
under clause 58(1);
"registered organisation" means an organisation --
(a) within the meaning of the Workplace Relations
30 Act 1996 of the Commonwealth; or
(b) as defined in section 7(1) of the Industrial
Relations Act 1979;
"regulated business premises" means --
(a) a place where a pipeline operation is carried on;
35 or
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(b) premises that are --
(i) occupied by a person who is the licensee for
a pipeline operation; and
(ii) used, or proposed to be used, wholly or
5 principally in connection with a pipeline
operation;
"regulations" means regulations made for the purposes of
this Schedule;
"work" means work that is directly or indirectly related to a
10 pipeline operation;
"workforce representative" means --
(a) in relation to a person who is a member of the
workforce engaged in a pipeline operation -- a
registered organisation of which that person is a
15 member, if the person is qualified to be a
member of that organisation because of the work
the person performs in relation to the pipeline
operation; or
(b) in relation to a designated work group or a
20 proposed designated work group -- a registered
organisation of which a person who is, or who is
likely to be, in the work group is a member, if
the person is qualified to be a member of that
organisation because of the work the person
25 performs, or will perform, in relation to the
pipeline operation as a member of the group;
"work group employer", in relation to a designated work
group in relation to a pipeline operation, means an
employer of one or more group members, but does not
30 include the licensee for the pipeline operation;
"workplace", in relation to a pipeline operation, means the
whole place where the pipeline operation is carried on
or any part of a place where the pipeline operation is
carried on.
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4. Licensee must ensure presence of licensee's
representative
(1) The licensee for a pipeline operation must ensure that, at all
times when one or more natural persons are engaged in the
5 pipeline operation, there is present at the workplace a
natural person (the "licensee's representative") who has
day to day management and control of the pipeline
operation.
Penalty: $5 500.
10 (2) The licensee for a pipeline operation must ensure that the
name of the licensee's representative is displayed in a
prominent place at the workplace.
Penalty: $5 500.
(3) Subclause (1) does not imply that, if the licensee is a natural
15 person, the licensee's representative may not be, from time
to time, the licensee.
5. Safety and health of persons using an accommodation
amenity
For the avoidance of doubt, a reference in this Schedule to
20 the occupational safety and health of a person includes a
reference to the safety and health of a person using an
accommodation amenity provided for the accommodation of
persons engaged in a pipeline operation.
6. Contractor
25 For the purposes of this Schedule, a natural person is taken
to be a "contractor" of another person (the "relevant
person") if the natural person is engaged in a pipeline
operation under a contract for services between --
(a) the relevant person; and
30 (b) either --
(i) the natural person; or
(ii) the employer of the natural person.
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Division 2 -- Occupational safety and health
Subdivision 1 -- Duties relating to occupational safety and health
7. Duties of licensee
(1) The licensee for a pipeline operation must take all
5 reasonably practicable steps to ensure that the pipeline
operation is carried out in a manner that is safe and without
risk to the health of persons engaged in the pipeline
operation or other protected persons.
Penalty: $110 000.
10 (2) Without limiting the generality of subclause (1), the licensee
for a pipeline operation must --
(a) provide and maintain a physical environment at the
place where the pipeline operation is carried out that
is safe and without risk to health;
15 (b) provide and maintain adequate amenities for the
safety and health of all members of the workforce
engaged in the pipeline operation;
(c) ensure that any plant, equipment, materials and
substances for use in the pipeline operation are safe
20 and without risk to health;
(d) implement and maintain systems of work in relation
to the pipeline operation that are safe and without
risk to health;
(e) implement and maintain appropriate procedures and
25 equipment for the control of, and response to,
emergencies arising out of the pipeline operation;
(f) provide all members of the workforce, in
appropriate languages, with the information,
instruction, training and supervision necessary for
30 them to carry out their activities in a manner that
does not adversely affect the occupational safety
and health of persons engaged in the pipeline
operation;
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(g) monitor the occupational safety and health of all
members of the workforce and keep records of that
monitoring;
(h) provide appropriate medical and first aid services at
5 the places at which a pipeline operation is carried
on; and
(i) develop, in consultation with members of the
workforce and workforce representatives, a policy
relating to occupational safety and health that --
10 (i) will enable the licensee and the members of
the workforce to cooperate effectively in
promoting and developing measures to
ensure the occupational safety and health of
persons engaged in the pipeline operation;
15 (ii) will provide adequate mechanisms for
reviewing the effectiveness of the measures;
and
(iii) provides for the making of an agreement
that complies with subclauses (4) and (5).
20 Penalty: $110 000.
(3) Subclause (2)(i) does not require the licensee for a pipeline
operation to engage in consultations with a workforce
representative unless a member of the workforce engaged in
the pipeline operation has requested the workforce
25 representative to be involved in those consultations.
(4) The agreement referred to in subclause (2)(i)(iii) must be
between --
(a) on the one hand -- the licensee; and
(b) on the other hand --
30 (i) the members of the workforce; and
(ii) if a member of the workforce engaged in
the pipeline operation has requested a
workforce representative in relation to the
member to be a party to that agreement --
35 that workforce representative.
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(5) The agreement referred to in subclause (2)(i)(iii) must
provide appropriate mechanisms for continuing consultation
between --
(a) on the one hand -- the licensee; and
5 (b) on the other hand --
(i) the members of the workforce; and
(ii) if a member of the workforce engaged in
the pipeline operation has requested a
workforce representative in relation to the
10 member to be involved in consultations on a
particular occasion -- that workforce
representative.
(6) The agreement may provide for any other matters agreed
between the parties to it.
15 8. Duties of persons in control of parts of pipeline
operation
(1) A person who is in control of any part of a pipeline
operation must take all reasonably practicable steps to
ensure that that part of the pipeline operation is carried out
20 in a manner that is safe and without risk to the health of
persons engaged in the pipeline operation or other protected
persons.
Penalty: $110 000.
(2) Without limiting the generality of subclause (1), a person
25 who is in control of any part of a pipeline operation must --
(a) ensure that the physical environment at the place
where that part of the pipeline operation is carried
out is safe and without risk to health;
(b) ensure that any plant, equipment, materials and
30 substances for use in that part of the pipeline
operation are safe and without risk to health;
(c) implement and maintain systems of work in relation
to that part of the pipeline operation that are safe
and without risk to health;
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(d) ensure a means of access to, and egress from the
place where that part of the pipeline operation is
carried out is safe and without risk to health; and
(e) provide all members of the workforce engaged in
5 that part of the pipeline operation in appropriate
languages, with the information, instruction,
training and supervision necessary for them to carry
out their work in a manner that is safe and without
risk to health.
10 Penalty: $110 000.
9. Duties of employers
(1) An employer must take all reasonably practicable steps to
protect the safety and health of employees engaged in a
pipeline operation.
15 Penalty: $110 000.
(2) Without limiting the generality of subclause (1), an
employer must --
(a) provide and maintain a working environment that is
safe for employees and without risk to their health;
20 (b) ensure that any plant, equipment, materials and
substances for use in connection with the
employees' work are safe and without risk to health;
(c) implement and maintain systems of work that are
safe and without risk to health;
25 (d) provide a means of access to, and egress from, the
employees' work location that is safe and without
risk to health; and
(e) provide the employees, in appropriate languages,
with the information, instruction, training and
30 supervision necessary for them to carry out their
work in a manner that is safe and without risk to
health.
Penalty: $110 000.
(3) A person has, in respect of a contractor of that person, the
35 same obligations that an employer has under subclauses (1)
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and (2) in respect of an employee of that employer, but only
in relation to --
(a) matters over which the first-mentioned person has
control; or
5 (b) matters over which --
(i) the first-mentioned person would have had
control apart from express provision to the
contrary in a contract; and
(ii) the first-mentioned person would, in the
10 circumstances, usually be expected to have
had control.
(4) An employer must take all reasonable steps to --
(a) monitor the safety and health of employees; and
(b) keep records of that monitoring.
15 Penalty: $110 000.
(5) An employer must take all reasonably practicable steps to
ensure that --
(a) work that is undertaken by the employer's
employees is carried out in a manner that is safe and
20 without risk to the health of persons engaged in the
pipeline operation or other protected persons; and
(b) the employer's system of work is operated in a
manner that is safe and without risk to the health of
persons engaged in the pipeline operation or other
25 protected persons.
Penalty: $22 000.
10. Duties of manufacturers in relation to plant and
substances
(1) A manufacturer of any plant that the manufacturer knows or
30 ought reasonably to expect will be used by members of the
workforce engaged in a pipeline operation must take all
reasonably practicable steps --
(a) to ensure that the plant is so designed and
constructed as to be, when properly used, safe and
35 without risk to health;
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(b) to carry out, or cause to be carried out, the research,
testing and examination necessary in order to
discover, and to eliminate or minimise, any risk to
safety or health that may arise from the use of the
5 plant; and
(c) to make available, in connection with the use of the
plant in a pipeline operation, adequate written
information about --
(i) the use for which it is designed and has
10 been tested;
(ii) details of its design and construction; and
(iii) any conditions necessary to ensure that,
when put to the use for which it was
designed and tested, it will be safe and
15 without risk to health.
Penalty: $22 000.
(2) A manufacturer of any substance that the manufacturer
knows or ought reasonably to expect will be used by
members of the workforce engaged in a pipeline operation
20 must take all reasonably practicable steps --
(a) to ensure that the substance is so manufactured as to
be, when properly used, safe and without risk to
health;
(b) to carry out, or cause to be carried out, the research,
25 testing and examination necessary to discover, and
to eliminate or minimise, any risk to safety or health
that may arise from the use of the substance; and
(c) to make available, in connection with the use of the
substance in a pipeline operation, adequate written
30 information concerning --
(i) the use for which it is manufactured and has
been tested;
(ii) details of its composition;
(iii) any conditions necessary to ensure that,
35 when put to the use for which it was
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manufactured and tested, it will be safe and
without risk to health; and
(iv) the first aid and medical procedures that
should be followed if the substance causes
5 injury.
Penalty: $22 000.
(3) If --
(a) plant or a substance is imported into Australia by a
person who is not its manufacturer; and
10 (b) at the time of the importation, the manufacturer of
the plant or substance does not have a place of
business in Australia,
the first-mentioned person is taken, for the purposes of this
clause, to be the manufacturer of the plant or substance.
15 (4) This clause does not affect the operation of any other law of
this State that imposes an obligation on a manufacturer in
respect of defective goods or in respect of information to be
supplied in relation to goods.
11. Duties of suppliers of pipelines, plant and substances
20 (1) A supplier of a pipeline, or of any plant or substance, that
the supplier ought reasonably to expect will be used by
members of the workforce engaged in a pipeline operation,
must take all reasonably practicable steps --
(a) to ensure that, at the time of supply, the pipeline, or
25 the plant or substance, is in such condition as to be,
when properly used, safe and without risk to health;
(b) to carry out, or cause to be carried out, the research,
testing and examination necessary to discover, and
to eliminate or minimise, any risk to safety or health
30 that may arise from the condition of the pipeline,
plant or substance; and
(c) to make available --
(i) in the case of a pipeline -- to the licensee
for the pipeline operation; and
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(ii) in the case of plant or substance -- to the
person to whom the plant or substance is
supplied,
adequate written information, in connection with
5 the use of the pipeline, plant or substance (as the
case requires) about --
(iii) the condition of the pipeline, plant or
substance at the time of supply;
(iv) any risk to the safety and health of members
10 of the workforce engaged in a pipeline
operation to which the condition of the
pipeline, plant or substance may give rise
unless it is properly used;
(v) the steps that need to be taken in order to
15 eliminate that risk; and
(vi) in the case of a substance -- the first aid
and medical procedures that should be
followed if the condition of the substance
causes injury to a member of the workforce
20 engaged in a pipeline operation.
Penalty: $22 000.
(2) For the purposes of subclause (1), if a person
(the "ostensible supplier") supplies to a person either a
pipeline, or any plant or substance, that is for use by
25 members of the workforce engaged in a pipeline operation,
and the ostensible supplier --
(a) carries on the business of financing the acquisition
or the use of goods by other persons;
(b) has, in the course of that business, acquired an
30 interest in the pipeline, or in the plant or substance,
from another person (the "actual supplier"), solely
for the purpose of financing its acquisition by, or its
provision to, the person to whom it is finally
supplied; and
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(c) has not taken possession of the pipeline, plant or
substance, or has taken possession of the pipeline,
plant or substance solely for the purpose of passing
possession of the pipeline, plant or substance to the
5 person to whom it is finally supplied,
a reference in subclause (1) to a supplier is, in relation to the
pipeline, plant or substance referred to in this subclause, to
be read as a reference to the actual supplier and not as a
reference to the ostensible supplier.
10 (3) This clause does not affect the operation of any other law of
this State that imposes an obligation in respect of the sale or
supply of goods or in respect of the information to be
supplied in relation to goods.
12. Duties of persons constructing pipelines or installing
15 plant
(1) A person who constructs or installs a pipeline, or erects or
installs any plant, for use in a pipeline operation, must take
all reasonably practicable steps to ensure that the pipeline or
plant is not erected or installed in such a way that it is
20 unsafe or constitutes a risk to safety or health.
Penalty: $22 000.
(2) This clause does not affect the operation of any other law of
this State that imposes an obligation in respect of the
erection or installation of structures or goods or the supply
25 of services.
13. Duties of persons in relation to occupational safety and
health
(1) A person engaged in a pipeline operation must, at all times,
take all reasonably practicable steps --
30 (a) to ensure that the person does not take any action,
or make any omission, that creates a risk, or
increases an existing risk, to --
(i) the occupational safety and health of that
person; or
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(ii) the safety and health of any other protected
person;
(b) in respect of any obligation imposed on the licensee
or on any other person under a listed OSH law -- to
5 cooperate with the licensee or that other person to
the extent necessary to enable the licensee or that
other person to fulfil that obligation; and
(c) to use equipment that is --
(i) supplied to the person by the licensee, an
10 employer of the person or any other person
having control of the pipeline operation
(the "equipment supplier"); and
(ii) necessary to protect the occupational safety
and health of the person, or the safety and
15 health of any other person engaged in the
pipeline operation or protected person,
in accordance with any instructions given by the
equipment supplier, consistent with the safe and
proper use of the equipment.
20 Penalty: $5 500.
(2) Despite subclause (1), the choice or manner of use, or
choice and manner of use, of equipment of the kind referred
to in subclause (1)(c)(ii) is a matter that may be, consistently
with each listed OSH law --
25 (a) agreed on between the equipment supplier and any
relevant safety and health representative; or
(b) agreed on by a safety and health committee.
(3) If an agreement of the kind referred to in subclause (2)(a) or
(b) provides a process for choosing equipment of a
30 particular kind that is to be provided by the equipment
supplier, action must not be taken against a person for
failure to use equipment of that kind that is so provided
unless the equipment has been chosen in accordance with
that process.
35 (4) If an agreement of the kind referred to in subclause (2)(a) or
(b) provides a process for determining the manner of use of
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equipment of a particular kind, action must not be taken
against a person for failure to use, in the manner required by
the equipment supplier, equipment of that kind that is so
provided unless the manner has been determined in
5 accordance with that process.
14. Reliance on information supplied or results of research
(1) For the purpose of the application of clause 7, 8 or 9 to the
use of plant or a substance, a person on whom an obligation
is imposed under any of those clauses is regarded as having
10 taken reasonably practicable steps as required by the
relevant clause, in relation to the use of the plant or
substance, to the extent that --
(a) the person ensured, so far as practicable, that its use
was in accordance with the information supplied by
15 the manufacturer or the supplier of the plant or
substance relating to occupational safety and health
in its use; and
(b) it was reasonable for the person to rely on that
information.
20 (2) For the purpose of the application of clause 10 or 11 to
carrying out research, testing and examining a pipeline, or
any plant or substance, a person on whom an obligation is
imposed under either of those clauses is regarded as having
taken reasonably practicable steps as required by the
25 relevant clause, in relation to carrying out research, testing
and examining the pipeline, plant or substance, to the extent
that --
(a) the research, testing or examination has already
been carried out by or on behalf of someone else;
30 and
(b) it was reasonable for the person to rely on that
research, testing or examination.
(3) For the purpose of the application of clause 12 to the
construction of a pipeline or the erection or installation of
35 plant for use in a pipeline operation, a person on whom an
obligation is imposed under that clause is regarded as
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having taken reasonably practicable steps as required by that
clause to the extent that --
(a) the person ensured, so far as is reasonably
practicable, that the construction of the pipeline, or
5 the erection or installation of the plant, was --
(i) in accordance with information supplied by
the manufacturer or supplier of the pipeline
or plant relating to its erection or its
installation; and
10 (ii) consistent with the occupational safety and
health of persons engaged in the pipeline
operation;
and
(b) it was reasonable for the person to rely on that
15 information.
(4) Nothing in this clause limits the generality of what
constitutes reasonably practicable steps as required by
clause 7, 8, 9, 10, 11 or 12.
Subdivision 2 -- Regulations relating to occupational safety
20 and health
15. Regulations relating to occupational safety and health
(1) The regulations may make provision relating to any matter
affecting, or likely to affect, the occupational safety and
health of persons engaged in a pipeline operation.
25 (2) Regulations made for the purposes of subclause (1) may
make provision for any or all of the following --
(a) prohibiting or restricting the performance of all
work or specified work in relation to a pipeline
operation;
30 (b) prohibiting or restricting the use of all plant or
specified plant in a pipeline operation;
(c) prohibiting or restricting the carrying out of all
processes or a specified process in a pipeline
operation;
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(d) prohibiting or restricting the storage or use of all
substances or specified substances in a pipeline
operation;
(e) specifying the form in which information required
5 to be made available under clause 10(1)(c) or
11(1)(c) is to be so made available;
(f) prohibiting, except in accordance with licences
granted under the regulations, the use of specified
plant or specified substances in a pipeline operation;
10 (g) providing for --
(i) the issue, variation, renewal, transfer,
suspension and cancellation of those
licences; and
(ii) the conditions to which the licences may be
15 subject;
(h) regulating the maintenance and testing of plant for
use in a pipeline operation;
(i) regulating the labelling or marking of substances for
use in a pipeline operation;
20 (j) regulating the transport of specified plant or
specified substances for use in a pipeline operation;
(k) prohibiting the performance, in relation to a pipeline
operation, of specified activities or work except --
(i) by persons who satisfy requirements of the
25 regulations as to qualifications, training or
experience; or
(ii) under the supervision specified in the
regulations;
(l) requiring specified action to avoid accidents or
30 dangerous occurrences;
(m) providing for, or prohibiting, specified action in the
event of accidents or dangerous occurrences;
(n) providing for the employment of persons to perform
specified duties relating to the maintenance of
35 occupational safety and health in relation to a
pipeline operation;
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(o) regulating the provision and use, in a pipeline
operation, of protective clothing and equipment,
safety equipment and rescue equipment;
(p) providing for monitoring the health of members of
5 the workforce engaged in a pipeline operation and
the conditions at a place at which a pipeline
operation is carried out;
(q) requiring employers to keep records of matters
related to the occupational safety and health of
10 employees;
(r) providing for the provision of first aid equipment
and amenities at a place at which a pipeline
operation is carried out.
Division 3 -- Workplace arrangements
15 Subdivision 1 -- Introduction
16. Simplified outline
The following is a simplified outline of this Subdivision --
· A group of members of the workforce engaged in a
pipeline operation may be established as a designated
20 work group.
· The members of a designated work group may select a
safety and health representative for that designated
work group.
· The safety and health representative may exercise
25 certain powers for the purpose of promoting or ensuring
the occupational safety and health of group members.
· A safety and health committee may be established in
relation to the members of the workforce engaged in a
pipeline operation.
30 · The main function of a safety and health committee is
to assist the licensee in relation to occupational safety
and health matters.
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Subdivision 2 -- Designated work groups
17. Establishment of designated work groups by request
(1) A request to the licensee for a pipeline operation to enter
into consultations to establish designated work groups in
5 relation to the members of the workforce engaged in the
pipeline operation may be made by --
(a) any member of the workforce; or
(b) if a member of the workforce requests a workforce
representative in relation to the member to make the
10 request to the licensee -- that workforce
representative.
(2) The licensee for a pipeline operation must, within 14 days
after receiving a request under subclause (1), enter into
consultations with --
15 (a) if any member of the workforce made a request to
establish designated work groups --
(i) that member of the workforce;
(ii) if that member requests that the licensee
enter into consultations with a workforce
20 representative in relation to the member --
that workforce representative; and
(iii) each employer (if any) of members of the
workforce;
and
25 (b) if a workforce representative made a request to
establish designated work groups --
(i) if a member of the workforce requests that
the licensee enter into consultations with
that workforce representative -- that
30 workforce representative; and
(ii) each employer of members of the
workforce.
(3) Within 14 days after the completion of consultations about
the establishment of the designated work groups, the
35 licensee must, by notifying the members of the workforce,
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establish the designated work groups in accordance with the
outcome of the consultations.
18. Establishment of designated work groups at initiative of
licensee
5 (1) If, at any time, the licensee for a pipeline operation
considers that designated work groups should be
established, the licensee must enter into consultations
with --
(a) all members of the workforce;
10 (b) if a member of the workforce requests that the
licensee enter into consultations with a workforce
representative in relation to the member -- that
workforce representative; and
(c) each employer (if any) of members of the
15 workforce.
(2) Within 14 days after the completion of consultations about
the establishment of the designated work groups, the
licensee must, by notifying the members of the workforce,
establish the designated work groups in accordance with the
20 outcome of the consultations.
19. Variation of designated work groups by request
(1) A request to the licensee for a pipeline operation to enter
into consultations to vary designated work groups that have
already been established in relation to the members of the
25 workforce engaged in the pipeline operation may be made
by --
(a) any member of the workforce; or
(b) if a member of the workforce requests a workforce
representative in relation to the member to make the
30 request to the licensee -- that workforce
representative.
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(2) The licensee for a pipeline operation must, within 14 days
after receiving a request under subclause (1), enter into
consultations with --
(a) if any member of the workforce made a request to
5 vary designated work groups --
(i) that member of the workforce;
(ii) the safety and health representative of each
designated work group affected by the
proposed variation; and
10 (iii) each work group employer (if any) in
relation to each designated work group
affected by the proposed variation;
and
(b) if a workforce representative made a request to vary
15 designated work groups --
(i) if a member of a designated work group
affected by the proposed variation requests
that the licensee enter into consultations
with that workforce representative in
20 relation to the group -- that workforce
representative;
(ii) the safety and health representative of each
designated work group affected by the
proposed variation; and
25 (iii) each work group employer (if any) in
relation to each designated work group
affected by the proposed variation.
(3) If --
(a) consultations take place about the variation of
30 designated work groups that have already been
established; and
(b) as a result of the consultations, it has been
determined that the variation of some or all of those
designated work groups is justified,
35 then, within 14 days after the completion of the
consultations, the licensee must, by notifying the members
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of the workforce who are affected by the variation, vary the
designated work groups in accordance with the outcome of
the consultations.
20. Variation of designated work groups at initiative of
5 licensee
(1) If the licensee for a pipeline operation believes the
designated work groups should be varied, the licensee may,
at any time, enter into consultations about the variations
with --
10 (a) the safety and health representative of each of the
designated work groups affected by the proposed
variation;
(b) if a member of a designated work group affected by
the proposed variation requests that the licensee
15 enter into consultations with that workforce
representative in relation to the group -- that
workforce representative; and
(c) each work group employer (if any) in relation to
each designated work group affected by the
20 proposed variation.
(2) If --
(a) consultations take place about the variation of
designated work groups that have already been
established; and
25 (b) as a result of the consultations, it has been
determined that the variation of some or all of those
designated work groups is justified,
then, within 14 days after the completion of the
consultations, the licensee must, by notifying the members
30 of the workforce who are affected by the variation, vary the
designated work groups in accordance with the outcome of
the consultations.
21. Referral of disagreement to reviewing authority
(1) If, in the course of consultations under clause 17, 18, 19 or
35 20, there is a disagreement between any of the parties to the
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consultation about the manner of establishing or varying a
designated work group, any party may, for the purpose of
facilitating that consultation, refer the matter of
disagreement to the reviewing authority.
5 (2) If the matter of a disagreement is referred to the reviewing
authority, the parties to the disagreement must complete the
consultation in accordance with the resolution of that matter
by the reviewing authority.
(3) In this clause --
10 "reviewing authority" means a person prescribed by the
regulations to be a reviewing authority for the purposes
of this clause.
22. Manner of grouping members of the workforce
(1) Consultations about the establishment or variation of a
15 designated work group must be directed principally at the
determination of the manner of grouping members of the
workforce --
(a) that best and most conveniently enables their
interests relating to occupational safety and health
20 to be represented and safeguarded; and
(b) that best takes account of the need for any safety
and health representative selected for that
designated work group to be accessible to each
group member.
25 (2) The parties to the consultations must have regard, in
particular, to --
(a) the number of members of the workforce engaged
in the pipeline operation to which the consultation
relates;
30 (b) the nature of each type of work performed by those
members;
(c) the number and grouping of those members who
perform the same or similar types of work;
(d) the workplaces where each type of work is
35 performed;
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(e) the nature of any risks to safety and health at each
of those workplaces; and
(f) any overtime or shift working arrangement in
relation to the pipeline operation.
5 (3) The designated work groups must be established or varied in
such a way that, so far as practicable, each of the members
of the workforce engaged in a pipeline operation is in a
designated work group.
(4) All the members of the workforce engaged in a pipeline
10 operation may be in one designated work group.
Subdivision 3 -- Safety and health representatives
23. Selection of safety and health representatives
(1) One safety and health representative may be selected for
each designated work group.
15 (2) A person is not eligible for selection as the safety and health
representative for a designated work group unless the person
is a member of the workforce included in the group.
(3) A person is taken to have been selected as the safety and
health representative for a designated work group if --
20 (a) all the members of the workforce in the group
unanimously agree to the selection; or
(b) the person is elected as the safety and health
representative of the group in accordance with
clause 24.
25 24. Election of safety and health representatives
(1) If --
(a) there is a vacancy in the office of safety and health
representative for a designated work group; and
(b) within a reasonable time after the vacancy occurs, a
30 person has not been selected under clause 23(3)(a),
the licensee for the pipeline operation must invite
nominations from all group members for election as the
safety and health representative of the group.
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(2) If the office of safety and health representative is vacant and
the licensee has not invited nominations within a further
reasonable time that is no later than 6 months after the
vacancy occurred, the Minister may direct the licensee to do
5 so.
(3) If there is more than one candidate for election at the close
of the nomination period, the licensee must conduct, or
arrange for the conduct of, an election at the licensee's
expense.
10 (4) An election conducted or arranged to be conducted under
subclause (3) must be conducted in accordance with
regulations made for the purposes of this subclause if this is
requested by the lesser of --
(a) 100 members of the workforce normally in the
15 designated work group; or
(b) a majority of the members of the workforce
normally in the designated work group.
(5) If there is only one candidate for election at the close of the
nomination period, that person is taken to have been elected.
20 (6) A person cannot be a candidate in the election if he or she is
disqualified under clause 30.
(7) All the members of the workforce in the designated work
group are entitled to vote in the election.
(8) A licensee conducting or arranging for the conduct of an
25 election under this clause must comply with any relevant
directions issued by the Minister.
25. List of safety and health representatives
The licensee for a pipeline operation must --
(a) prepare and keep up to date a list of all the safety
30 and health representatives of designated work
groups comprising members of the workforce
engaged in the pipeline operation; and
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(b) ensure that the list is available for inspection, at all
reasonable times, by --
(i) the members of the workforce engaged in
the pipeline operation; and
5 (ii) inspectors.
26. Members of designated work group must be notified of
selection etc. of safety and health representative
The licensee for a pipeline operation must --
(a) notify members of a designated work group in
10 relation to the pipeline operation of a vacancy in the
office of safety and health representative for the
designated work group within a reasonable time
after the vacancy arises; and
(b) notify those members of the name of any person
15 selected (whether under clause 23(3)(a) or (b)) as
safety and health representative for the designated
work group within a reasonable time after the
selection is made.
27. Term of office
20 (1) A safety and health representative for a designated work
group holds office --
(a) if, in consultations that took place under clause 17,
18, 19 or 20, the parties to the consultations agreed
to the period for which the safety and health
25 representative for the group was to hold office --
for that period; or
(b) if paragraph (a) does not apply -- for 2 years.
(2) The term of office of a safety and health representative
begins at the start of the day on which he or she was
30 selected.
(3) Nothing in this clause prevents a safety and health
representative from being selected for further terms of
office.
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28. Training of safety and health representatives
(1) A safety and health representative for a designated work
group must undertake a course of training relating to
occupational safety and health that is accredited by the
5 Minister for the purposes of this clause.
(2) The licensee for the pipeline operation concerned must
permit the representative to take any time off work, without
loss of remuneration or other entitlements, that is necessary
to undertake the training.
10 (3) If a person other than the licensee is the employer of the
representative, that person must permit the representative to
take any time off work, without loss of remuneration or
other entitlements, that is necessary to undertake the
training.
15 29. Resignation etc. of safety and health representatives
(1) A person ceases to be the safety and health representative
for the designated work group if --
(a) the person resigns as the safety and health
representative;
20 (b) the person ceases to be a group member of that
designated work group;
(c) the person's term of office expires without the
person having been selected, under clause 23, to be
the safety and health representative for the
25 designated work group for a further term; or
(d) the person is disqualified under clause 30.
(2) A person may resign as the safety and health representative
for a designated work group by notice in writing delivered
to the licensee and to each work group employer.
30 (3) If a person resigns as the safety and health representative for
a designated work group, the person must notify the
resignation to the group members.
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(4) If a person has ceased to be the safety and health
representative for a designated work group because of
subclause (1)(b), the person must notify in writing --
(a) the group members; and
5 (b) the licensee and each work group employer,
that the person has ceased to be the safety and health
representative for that designated work group.
30. Disqualification of safety and health representatives
(1) An application for the disqualification of a safety and health
10 representative for a designated work group may be made to
the deciding authority by --
(a) the licensee;
(b) a work group employer; or
(c) at the request of a group member of the designated
15 work group -- a workforce representative in
relation to the designated work group.
(2) An application under subclause (1) may be made on either
or both of the following grounds --
(a) that action taken by the representative in the
20 exercise or purported exercise of a power under
clause 32(1) or any other provision of this Schedule
was taken --
(i) with the intention of causing harm to the
licensee or work group employer or to an
25 undertaking of the licensee or work group
employer; or
(ii) unreasonably, capriciously or not for the
purpose for which the power was conferred
on the representative;
30 (b) that the representative has intentionally used, or
disclosed to another person, for a purpose that is not
connected with the exercise of a power of a safety
and health representative, information acquired
from the licensee or work group employer.
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(3) On an application under subclause (1), the deciding
authority may disqualify the representative, for a specified
period not exceeding 5 years, from being a safety and health
representative for any designated work group, if the
5 deciding authority is satisfied that the representative has
acted in a manner referred to in subclause (2).
(4) In making a decision under subclause (3), the deciding
authority must have regard to --
(a) the harm (if any) that was caused to the licensee or
10 work group employer or to an undertaking of the
licensee or work group employer as a result of the
action of the representative;
(b) the past record of the representative in exercising
the powers of a safety and health representative;
15 (c) the effect (if any) on the public interest of the action
of the representative; and
(d) any other matters the deciding authority thinks
relevant.
(5) In this clause --
20 "deciding authority" means a person prescribed by the
regulations to be a deciding authority for the purposes
of this clause.
31. Deputy safety and health representatives
(1) One deputy safety and health representative may be selected
25 for each designated work group for which a safety and
health representative has been selected.
(2) A deputy safety and health representative is to be selected in
the same way as a safety and health representative under
clause 23.
30 (3) If the safety and health representative for a designated work
group --
(a) ceases to be the safety and health representative; or
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(b) is unable (because of absence or for any other
reason) to exercise the powers of a safety and health
representative,
then --
5 (c) the powers may be exercised by the deputy safety
and health representative (if any) for the group; and
(d) this Schedule (other than this clause) applies in
relation to the deputy safety and health
representative accordingly.
10 32. Powers of safety and health representatives
(1) A safety and health representative for a designated work
group may, for the purpose of promoting or ensuring the
safety and health at a workplace of the group members --
(a) do all or any of the following --
15 (i) inspect the whole or any part of the
workplace if there has, in the immediate
past, been an accident or a dangerous
occurrence at the workplace, or if there is
an immediate threat of such an accident or
20 dangerous occurrence;
(ii) inspect the whole or any part of the
workplace if the safety and health
representative has given reasonable notice
of the inspection to the licensee's
25 representative and to any other person
having immediate control of the workplace;
(iii) make a request to an inspector or to the
Minister that an inspection be conducted at
the workplace;
30 (iv) accompany an inspector during any
inspection at the workplace by the inspector
(whether or not the inspection is being
conducted as a result of a request made by
the safety and health representative);
35 (v) if there is no safety and health committee in
respect of the members of the workforce
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engaged in the pipeline operation --
represent group members in consultations
with the licensee and any work group
employer about the development,
5 implementation and review of measures to
ensure the safety and health of those
members at the workplace;
(vi) if a safety and health committee has been
established in respect of the members of the
10 workforce engaged in the pipeline
operation -- examine any of the records of
that committee;
(b) investigate complaints made by any group member
to the safety and health representative about the
15 safety and health of any of the members of the
workforce (whether in the group or not);
(c) with the consent of a group member, be present at
any interview about safety and health at work
between that member and --
20 (i) an inspector;
(ii) the licensee or a person representing the
licensee; or
(iii) a work group employer or a person
representing that employer;
25 (d) obtain access to any information under the control
of the licensee or any work group employer --
(i) relating to risks to the safety and health of
any group member; and
(ii) relating to the safety and health of any
30 group member;
and
(e) issue provisional improvement notices in
accordance with clause 36.
(2) Subclause (1)(d)(ii) has effect subject to clause 34.
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33. Assistance by consultant
(1) A safety and health representative for a designated work
group is entitled, in the exercise of his or her powers, to be
assisted by a consultant.
5 (2) A safety and health representative for a designated work
group may --
(a) be assisted by a consultant at a workplace at which
work is performed; or
(b) provide to a consultant information that has been
10 provided to the safety and health representative by a
group member under clause 32(1)(d),
only if the licensee or the Minister has, in writing, agreed to
the provision of that assistance at that workplace or the
provision of that information, as the case may be.
15 (3) Neither the licensee nor any workplace employer becomes,
because of the agreement under subclause (2) to the
provision of assistance by a consultant, liable for any
remuneration or other expenses incurred in connection with
the consultant's activities.
20 (4) If a safety and health representative for a designated work
group is being assisted by a consultant, the consultant is
entitled to be present with the representative at any
interview, about safety and health at work, between a group
member and --
25 (a) an inspector; or
(b) the licensee or any work group employer or a
person representing the licensee or that employer,
if, and only if, the group member consents to the presence of
the consultant.
30 34. Information
(1) Neither --
(a) a safety and health representative; nor
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(b) a consultant assisting a safety and health
representative,
is entitled, under clause 32(1)(d)(ii), to have access to
information in respect of which a group member is entitled
5 to claim, and does claim, legal professional privilege.
(2) Neither --
(a) a safety and health representative; nor
(b) a consultant assisting a safety and health
representative,
10 is entitled, under clause 32(1)(d)(ii), to have access to
information of a confidential medical nature relating to a
person who is or was a group member unless --
(c) the person has delivered to the licensee or any work
group employer a written authority permitting the
15 safety and health representative, or the safety and
health representative and the consultant, as the case
requires, to have access to the information; or
(d) the information is in a form that does not identify
the person or enable the identity of the person to be
20 discovered.
35. Obligations and liabilities of safety and health
representatives
This Schedule does not --
(a) impose an obligation on a person to exercise any
25 power conferred on the person because the person is
a safety and health representative; or
(b) render a person liable in civil proceedings because
of --
(i) a failure to exercise such a power; or
30 (ii) the way such a power was exercised.
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36. Provisional improvement notices
(1) If --
(a) a safety and health representative for a designated
work group believes, on reasonable grounds, that a
5 person --
(i) is contravening a listed OSH law; or
(ii) has contravened a provision of a listed OSH
law and is likely to contravene that
provision again;
10 and
(b) the contravention affects or may affect one or more
group members,
the representative must consult with the person supervising
the relevant activity in an attempt to reach agreement on
15 rectifying the contravention or preventing the likely
contravention.
(2) If, in the safety and health representative's opinion,
agreement is not reached within a reasonable time, the
safety and health representative may issue a provisional
20 improvement notice to any or each person (a "responsible
person") responsible for the contravention.
(3) If a responsible person is the licensee, the improvement
notice may be issued to the licensee by giving it to the
licensee's representative.
25 (4) If it is not practicable to issue the notice to a responsible
person (other than the licensee or the supervisor) by giving
it to that responsible person --
(a) the notice may be issued to that responsible person
by giving it to the person who for the time being is,
30 or may reasonably be presumed to be, on behalf of
the responsible person, in charge of the activity to
which the notice relates; and
(b) if the notice is so issued, a copy of the notice must
be given to the responsible person as soon as
35 practicable afterwards.
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(5) The notice must --
(a) specify the contravention that, in the safety and
health representative's opinion, is occurring or is
likely to occur, and set out the reasons for that
5 opinion; and
(b) specify a period that --
(i) is not less than 7 days beginning on the day
after the notice is issued; and
(ii) is, in the representative's opinion,
10 reasonable,
within which the responsible person is to take action
necessary to prevent any further contravention or to prevent
the likely contravention, as the case may be.
(6) The notice may specify action that the responsible person is
15 to take during the period specified in the notice.
(7) If, in the safety and health representative's opinion, it is
appropriate to do so, the representative may, in writing and
before the end of the period, extend the period specified in
the notice.
20 (8) On issuing the notice, the safety and health representative
must give a copy of the notice to --
(a) if the licensee is not a responsible person -- the
licensee;
(b) each work group employer other than a work group
25 employer who is a responsible person;
(c) if the supervisor is not a responsible person -- the
supervisor; and
(d) if the notice relates to any plant, substance or thing
that is owned by a person other than a responsible
30 person or a person to whom a copy of the notice is
given under paragraph (a), (b) or (c) -- that owner.
37. Effect of provisional improvement notice
(1) Within 7 days after a notice is issued under clause 36 --
(a) the responsible person; or
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(b) any other person, to whom a copy of the notice has
been given under clause 36(8),
may request an inspector for an inspection of the matter to
be conducted.
5 (2) On the request being made, the operation of the notice is
suspended pending the determination of the matter by an
inspector.
(3) As soon as possible after a request is made, an inspection
must be conducted of the work that is the subject of the
10 disagreement, and the inspector conducting the inspection
must --
(a) confirm, vary or cancel the notice and notify the
responsible person and any person to whom a copy
of the notice has been given under clause 36(8)
15 accordingly; and
(b) make decisions, and exercise powers, under
Division 4, as the inspector considers necessary in
relation to the work.
(4) If the inspector varies a notice, the notice as so varied has
20 effect --
(a) so far as the notice concerns obligations imposed on
the responsible person that are unaffected by the
variation -- as if the notice as so varied resumed
effect on the day of the variation; and
25 (b) so far as the notice concerns new obligations
imposed by virtue of the variation -- as if the notice
as so varied were a new notice issued on the day of
the variation.
(5) If the notice is issued to a responsible person, the
30 responsible person must --
(a) notify each group member who is affected by the
notice of the fact of the issue of the notice; and
(b) until the notice ceases to have effect, cause a copy
of the notice to be displayed at or near each
35 workplace at which the work that is the subject of
the notice is being performed.
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(6) The notice ceases to have effect if --
(a) it is cancelled by an inspector or by the safety and
health representative; or
(b) the responsible person --
5 (i) takes the action, if any, specified in the
notice; or
(ii) if no action is so specified -- takes the
action necessary to prevent the further
contravention, or likely contravention,
10 concerned.
(7) The responsible person --
(a) must ensure that, to the extent that the notice relates
to any matter over which the person has control, the
notice is complied with; and
15 (b) must take reasonable steps to inform the safety and
health representative who issued the notice of the
action taken to comply with the notice.
(8) For the purposes of clause 64, if the inspector confirms or
varies the notice, the inspector is taken to have decided,
20 under clause 60, to issue an improvement notice in those
terms.
38. Duties of the licensee and other employers in relation to
safety and health representatives
(1) The licensee for a pipeline operation, in relation to which a
25 designated work group having a safety and health
representative has been established, must --
(a) on being requested to do so by the representative,
consult with the representative on the
implementation of changes at any workplace at
30 which some or all of the group members perform
work, being changes that may affect their safety and
health;
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(b) in relation to a workplace at which some or all of
the group members perform work --
(i) permit the representative to make any
inspection of the workplace that the
5 representative is entitled to make in
accordance with clause 32(1)(a)(i) and to
accompany an inspector during an
inspection at the workplace by the
inspector; and
10 (ii) if there is no safety and health committee in
respect of the members of the workforce --
on being requested to do so by the
representative, consult with the
representative about the development,
15 implementation and review of measures to
ensure the safety and health of group
members;
(c) permit the representative to be present at any
interview at which the representative is entitled to
20 be present under clause 32(1)(c);
(d) provide to the representative access to any
information to which the representative is entitled to
obtain access under clause 32(1)(d)(i) or (ii) and to
which access has been requested;
25 (e) permit the representative to take any time off work,
without loss of remuneration or other entitlements,
that is necessary to exercise the powers of a safety
and health representative; and
(f) provide the representative with access to any
30 amenities that are --
(i) prescribed for the purposes of this
paragraph; or
(ii) necessary for the purposes of exercising the
powers of a safety and health
35 representative.
(2) Subclause (1)(d) has effect subject to subclauses (3) and (4).
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(3) The licensee must not permit a safety and health
representative in relation to a designated work group to have
access to information that --
(a) is of a confidential medical nature under the control
5 of the licensee; and
(b) relates to a person who is or was a group member,
unless --
(c) the person has delivered to the employer a written
authority permitting the representative to have
10 access to the information; or
(d) the information is in a form that does not identify
the person or enable the identity of the person to be
discovered.
(4) The licensee is not required to give a safety and health
15 representative access to any information in respect of which
the licensee is entitled to claim, and does claim, legal
professional privilege.
(5) The duties imposed by this clause on the licensee in respect
of the safety and health representative for a designated work
20 group apply equally, to the extent that the matters to which
the duties relate are within the control of a work group
employer or of a supervisor of particular work, to that
employer and to that supervisor.
Subdivision 4 -- Safety and health committees
25 39. Safety and health committees
(1) A safety and health committee must be established in
relation to the members of the workforce engaged in a
pipeline operation if --
(a) the number of those members normally engaged in
30 the pipeline operation is not less than 50 (whether
or not those members are all at work in relation to
the pipeline operation at the same time);
(b) the members of the workforce are included in one
or more designated work groups; and
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(c) the licensee is requested to establish the committee
by the safety and health representative for the
designated work group or for one of the designated
work groups.
5 (2) The safety and health committee consists of --
(a) the number of members specified in an agreement
reached between the licensee and the members of
the workforce; or
(b) if there is no such agreement -- an equal number
10 of --
(i) members, chosen by the members of the
workforce, to represent the interests of
members of the workforce; and
(ii) members, chosen by the licensee, to
15 represent the interests of the licensee and
the employer (other than the licensee) of
members of the workforce.
(3) The agreement referred to in subclause (2)(a) may --
(a) specify the persons who are to be members to
20 represent the interests of the licensee and employers
(other than the licensee) of members of the
workforce; and
(b) provide for the way in which persons who are to be
members to represent the interests of members of
25 the workforce are to be chosen.
(4) If regulations made for the purposes of this clause specify
procedures for the selection of persons as members of safety
and health committees to represent the interests of members
of the workforce, an agreement referred to in
30 subclause (2)(a) must not provide for members to be chosen
in a way inconsistent with the regulations.
(5) A safety and health committee must hold a meeting at least
once every 3 months.
(6) The procedure at meetings of a safety and health committee
35 must, except to the extent provided for by the regulations, be
the procedure agreed upon by the committee.
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(7) A safety and health committee must cause minutes of its
meetings to be kept, and must retain those minutes for a
period of not less than 3 years.
(8) This clause does not prevent a licensee from establishing, in
5 consultation with registered unions or any other persons,
committees concerned with occupational safety and health
in relation to undertakings carried on by the licensee.
40. Functions of safety and health committees
(1) A safety and health committee has the following
10 functions --
(a) to assist the licensee for the pipeline operation
concerned --
(i) to develop and implement measures
designed to protect; and
15 (ii) to review and update measures used to
protect,
the safety and health at work of members of the
workforce;
(b) to facilitate cooperation between the licensee for the
20 pipeline operation, employers (other than the
licensee) of members of the workforce, and
members of the workforce, in relation to
occupational safety and health matters;
(c) to assist the licensee to disseminate among
25 members of the workforce, in appropriate
languages, information relating to safety and health
at work;
(d) any prescribed functions;
(e) any other functions that are agreed between the
30 licensee and the safety and health committee.
(2) A safety and health committee has power to do all things
necessary or convenient to be done for, or in connection
with, the performance of its functions.
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(3) This Schedule does not --
(a) impose an obligation on a person to do any act,
because the person is a member of a safety and
health committee, in connection with the
5 performance of a function conferred on the
committee; or
(b) render such a person liable in civil proceedings
because of --
(i) a failure to do such an act; or
10 (ii) the manner in which such an act was done.
41. Duties of the licensee and other employers in relation to
safety and health committees
(1) If there is a safety and health committee, the licensee and
any employer (other than the licensee) of a member of the
15 workforce must --
(a) make available to the committee any information
possessed by the licensee or that employer relating
to risks to safety and health to members of the
workforce; and
20 (b) permit any member of the committee who is a
member of the workforce to take time off work,
without loss of remuneration or other entitlements,
as is necessary for the member adequately to
participate in the performance by the committee of
25 its functions.
(2) Subclause (1)(a) has effect subject to subclauses (3) and (4).
(3) The licensee or any employer (other than the licensee) of a
member of the workforce must not make available to a
safety and health committee information of a confidential
30 nature relating to a person who is or was a member of the
workforce, unless --
(a) the person has authorised the information to be
made available to the committee; or
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(b) the information is in a form that does not identify
the person or enable the identity of the person to be
discovered.
(4) The licensee or any employer (other than the licensee) of a
5 member of the workforce is not required to make available
to a safety and health committee any information in respect
of which the licensee or employer is entitled to claim, and
does claim, legal professional privilege.
Subdivision 5 -- Emergency procedures
10 42. Action by safety and health representatives
(1) If a safety and health representative for a designated work
group has reasonable cause to believe that there is an
imminent and serious danger to the safety or health of any
person engaged in the pipeline operation or any other
15 protected person unless a group member or group members
cease to perform particular work, the representative must --
(a) inform a person (a "supervisor") supervising the
group member or group members in the
performance of the work of the danger; or
20 (b) if no supervisor can be contacted immediately --
(i) direct the group member or group members
to cease, in a safe manner, to perform the
work; and
(ii) as soon as practicable, inform a supervisor
25 that the direction has been given.
(2) If a supervisor is informed under subclause (1)(a) of a
danger to the safety or health of a person engaged in the
pipeline operation or any other protected person, the
supervisor must take the action he or she thinks appropriate
30 to remove that danger, which may include directing a group
member or group members to cease, in a safe manner, to
perform the work.
(3) If --
(a) a safety and health representative has informed a
35 supervisor under subclause (1)(a) of a danger; and
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(b) the representative has reasonable cause to believe
that, despite any action taken by the supervisor in
accordance with subclause (2), there continues to be
an imminent and serious danger to the safety or
5 health of a person engaged in the pipeline operation
or any other protected person unless the group
member or group members cease to perform
particular work,
the representative must --
10 (c) direct the group member or group members to
cease, in a safe manner, to perform the work; and
(d) as soon as practicable, inform the supervisor that
the direction has been given.
(4) If --
15 (a) a safety and health representative gives a direction
under subclause (1)(b), but is unable to agree with a
supervisor whom the representative has informed
under that subclause that there is a need for a
direction under that subclause; or
20 (b) a safety and health representative gives a direction
under subclause (3)(c),
the representative or the supervisor may request an inspector
that an inspection be conducted of the work that is the
subject of the direction.
25 (5) As soon as possible after a request is made, an inspection
must be conducted of the work that is the subject of the
direction, and the inspector conducting the inspection must
make decisions, and exercise powers, under Division 4 as
the inspector considers necessary in relation to the work.
30 (6) This clause does not limit the power of a safety and health
representative under clause 32(1)(a)(iii) to request an
inspector that an inspection be conducted at the workplace.
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43. Directions to perform other work
If --
(a) a group member who is an employee has ceased to
perform work, in accordance with the direction of a
5 safety and health representative under
clause 42(1)(b) or (3)(c); and
(b) the cessation of work does not continue after --
(i) the safety and health representative has
agreed with a person supervising work at
10 the workplace where the work was being
performed that the cessation of work was
not, or is no longer, necessary; or
(ii) an inspector has, under clause 42(5), made a
decision to the effect that the employee
15 should perform the work,
the employer may direct the employee to perform suitable
alternative work, and the employee is to be taken, for all
purposes, to be required to perform that other work under
the terms and conditions of the employee's employment.
20 Subdivision 6 -- Exemptions
44. Exemptions
(1) The Minister may, in accordance with the regulations, make
a written order exempting a specified person or class of
person from any or all of the provisions of this Division
25 (other than this clause).
(2) The Minister must not make an order under subclause (1)
unless the Minister is satisfied on reasonable grounds that it
is impracticable for the person to comply with the provision
or provisions.
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Division 4 -- Inspections
Subdivision 1 -- Introduction
45. Simplified outline
The following is a simplified outline of this Division --
5 · An inspector may conduct an inspection --
(a) to ascertain whether a listed OSH law is being
complied with;
(b) concerning a contravention or a possible
contravention of a listed OSH law; or
10 (c) concerning an accident or dangerous occurrence
that has arisen out of a pipeline operation.
· An inspector may issue a prohibition notice to the
licensee for a pipeline operation in order to remove an
immediate threat to the safety and health of any person.
15 · An inspector may issue an improvement notice
specifying action that is to be taken to prevent
contravention of a listed OSH law.
· An inspector must prepare a report about an inspection
and give the report to the Minister.
20 46. Powers, functions and duties of inspectors
(1) An inspector has the powers, functions and duties conferred
or imposed by each listed OSH law.
(2) The Minister may give written directions specifying the
manner in which, and the conditions subject to which,
25 powers conferred on inspectors by a listed OSH law are to
be exercised. If the Minister does so, the powers of
inspectors must be exercised in accordance with those
directions.
(3) The Minister may, by notice in writing, impose restrictions,
30 not inconsistent with any direction in force under
subclause (2), on the powers that are conferred on a
particular inspector by a listed OSH law. If the Minister
does so, the powers of the inspector are taken to have been
restricted accordingly.
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Subdivision 2 -- Inspections
47. Inspections
(1) An inspector may, at any time, conduct an inspection --
(a) to ascertain whether a requirement of, or any
5 requirement properly made under, a listed OSH law
is being complied with;
(b) concerning a contravention or a possible
contravention of a listed OSH law; or
(c) concerning an accident or dangerous occurrence
10 that has arisen out of a pipeline operation.
(2) The Minister may direct an inspector to conduct an
inspection --
(a) to ascertain whether a requirement of, or any
requirement properly made under, a listed OSH law
15 is being complied with;
(b) concerning a contravention or a possible
contravention of a listed OSH law; or
(c) concerning an accident or dangerous occurrence
that has arisen out of a pipeline operation,
20 and the inspector must, unless the Minister revokes the
direction, conduct an inspection accordingly.
Subdivision 3 -- Powers of inspectors in relation to the conduct
of inspections
48. Powers of entry and search -- places at which pipeline
25 operations are carried on
(1) An inspector may, for the purposes of an inspection, at any
reasonable time during the day or night --
(a) enter the place at which a pipeline operation is
carried on and to which the inspection relates and
30 do all or any of the following --
(i) search the place;
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(ii) inspect, examine, take measurements of, or
conduct tests concerning, any workplace,
pipeline, plant, substance or thing at the
place;
5 (iii) take photographs of, make video recordings
of, or make sketches of, any workplace,
pipeline, plant, substance or thing at the
place;
(iv) inspect, take extracts from, or make copies
10 of, any documents at the place that the
inspector has reasonable grounds to believe
relate, or are likely to relate, to the subject
matter of the inspection;
and
15 (b) inspect the subsoil in the vicinity of the place to
which the inspection relates.
(2) Immediately on entering a place at which a pipeline
operation is carried on for the purposes of an inspection, an
inspector must take reasonable steps to notify the purpose of
20 entering the place to --
(a) the licensee's representative; and
(b) if there is a safety and health representative for a
designated work group having a group member
likely to be affected by the matter the subject of the
25 inspection -- that representative,
and must, on being requested to do so by the person referred
to in paragraph (a) or (b), produce for inspection by that
person --
(c) the inspector's certificate of appointment under
30 section 62(2);
(d) a copy of the Minister's written direction (if any) to
conduct the inspection; and
(e) a copy of the restrictions (if any) imposed on the
powers of the inspector under clause 46(3).
35 (3) If there is a safety and health representative for a designated
work group having a group member likely to be affected by
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the matter the subject of the inspection, the inspector must
afford the safety and health representative a reasonable
opportunity to consult on the matter the subject of the
inspection.
5 49. Powers of entry and search -- regulated business
premises (other than places where pipeline operations
carried on)
(1) An inspector may, for the purposes of an inspection --
(a) at any reasonable time, enter any regulated business
10 premises (other than a place at which a pipeline
operation is carried on) if the inspector has
reasonable grounds to believe that there are likely to
be at those premises documents that relate to a
pipeline operation that is a subject of the inspection;
15 and
(b) search for, inspect, take extracts from, or make
copies of, any such documents at those premises.
(2) Immediately on entering premises referred to in
subclause (1), an inspector must take reasonable steps to
20 notify the purpose of the entry to the occupier of those
premises, and must, on being requested to do so by the
occupier, produce for inspection by the occupier --
(a) the inspector's certificate of appointment under
section 62(2);
25 (b) a copy of the Minister's written direction (if any) to
conduct the inspection; and
(c) a copy of the restrictions (if any) imposed on the
powers of the inspector under clause 46(3).
50. Powers of entry and search -- premises (other than
30 regulated business premises)
(1) An inspector may, for the purposes of an inspection --
(a) enter any premises (other than regulated business
premises) if the inspector has reasonable grounds to
believe that there are likely to be at those premises
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documents that relate to a pipeline operation that is
the subject of the inspection; and
(b) search for, inspect, take extracts from, or make
copies of, any such documents at those premises.
5 (2) An inspector may exercise the powers referred to in
subclause (1) to enter premises only --
(a) if the premises are not a residence --
(i) in accordance with a warrant under
clause 51; and
10 (ii) with the consent of the occupier of the
premises;
or
(b) if the premises are a residence -- with the consent
of the occupier of the premises.
15 (3) Immediately on entering premises referred to in
subclause (1), an inspector must --
(a) take reasonable steps to notify the purpose of the
entry to the occupier of those premises;
(b) take reasonable steps to produce, for inspection by
20 the occupier, the inspector's certificate of
appointment under section 62(2); and
(c) on being requested to do so by the occupier,
produce, for inspection by the occupier --
(i) a copy of the Minister's written direction (if
25 any) to conduct the inspection; and
(ii) a copy of the restrictions (if any) imposed
on the powers of the inspector under
clause 46(3).
(4) If --
30 (a) an inspector enters premises in accordance with a
warrant under clause 51; and
(b) the occupier of the premises is present at the
premises,
the inspector must make a copy of the warrant available to
35 the occupier.
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(5) Before obtaining the consent of a person as mentioned in
subclause (2)(a) or (b), an inspector must inform the person
that --
(a) the person may refuse consent; and
5 (b) the consent may be withdrawn.
(6) The consent of a person is not effective for the purposes of
subclause (2) unless the consent is voluntary.
51. Warrant to enter premises (other than regulated
business premises)
10 (1) An inspector may apply to a magistrate for a warrant
authorising the inspector, with any assistance as the
inspector thinks necessary, to exercise the powers referred
to in clause 50(1) in relation to particular premises (other
than a residence).
15 (2) The application must be supported by evidence on oath
(whether oral or by affidavit) that sets out the grounds on
which the inspector is applying for the warrant.
(3) If the magistrate is satisfied that there are reasonable
grounds for issuing the warrant, the magistrate may issue the
20 warrant.
(4) A warrant issued under subclause (3) must state --
(a) the name of the inspector;
(b) whether the inspection may be carried out at any
time or only during specified hours of the day;
25 (c) the day on which the warrant ceases to have effect;
and
(d) the purposes for which the warrant is issued.
(5) The day specified under subclause (4)(c) is not to be more
than 7 days after the day on which the warrant is issued.
30 (6) The purposes specified under subclause (4)(d) must include
the identification of the premises in relation to which the
warrant is issued.
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52. Obstructing or hindering inspector
A person must not, without reasonable excuse, obstruct or
hinder an inspector in the exercise of an inspector's powers
under clause 48, 49 or 50.
5 Penalty: $5 500.
53. Power to require assistance and information
(1) An inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of an
inspection, require --
10 (a) the licensee for a pipeline operation;
(b) the person in charge of a pipeline operation;
(c) a member of the workforce engaged in a pipeline
operation; or
(d) any person representing a person referred to in
15 paragraph (a) or (b),
to provide the inspector with reasonable assistance and
amenities --
(e) that is or are reasonably connected with the conduct
of the inspection in relation to the pipeline
20 operation; or
(f) for the effective exercise of the inspector's powers
under this Schedule in connection with the conduct
of the inspection in relation to the pipeline
operation.
25 (2) The reasonable assistance referred to in subclause (1)
includes, so far as the licensee for a pipeline operation is
concerned --
(a) appropriate transport for the inspector to and from
the place to be inspected and for any equipment
30 required by the inspector, or any article of which the
inspector has taken possession; and
(b) reasonable accommodation and means of
subsistence while the inspector is at the place to be
inspected.
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(3) A person must not fail, without reasonable excuse, to
comply with a requirement under this clause.
Penalty: $3 300 or imprisonment for 6 months or both.
54. Power to require the answering of questions and the
5 production of documents or articles
(1) If --
(a) an inspector believes on reasonable grounds that a
person is capable of answering a question that is
reasonably connected with the conduct of an
10 inspection; and
(b) the person is --
(i) the licensee for a pipeline operation;
(ii) the person in charge of a pipeline operation;
(iii) a member of the workforce engaged in a
15 pipeline operation; or
(iv) any person representing a person referred to
in subparagraph (i) or (ii),
the inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of
20 the inspection, require the person to answer the
question put by the inspector.
(2) If, at the time when a requirement under subclause (1) is
imposed on a person, the person is not physically present on
regulated business premises, the person is not obliged to
25 comply with the requirement unless the requirement --
(a) is in writing;
(b) specifies the day on or before which the question is
to be answered (being at least 14 days after the day
on which the requirement is imposed); and
30 (c) is accompanied by a statement to the effect that a
failure to comply with the requirement is an
offence.
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(3) If --
(a) an inspector believes on reasonable grounds that a
person is capable of producing a document or article
that is reasonably connected with the conduct of an
5 inspection; and
(b) the person is --
(i) the licensee for a pipeline operation;
(ii) the person in charge of a pipeline operation;
(iii) a member of the workforce engaged in a
10 pipeline operation; or
(iv) any person representing a person referred to
in subparagraph (i) or (ii),
the inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of the
15 inspection, require the person to produce the document or
article.
(4) If, at the time when a requirement under subclause (3) is
imposed on a person, the person is not physically present on
regulated business premises, the person is not obliged to
20 comply with the requirement unless the requirement --
(a) is in writing;
(b) specifies the day on or before which the document
or article is to be produced (being at least 14 days
after the day on which the requirement is imposed);
25 and
(c) is accompanied by a statement to the effect that a
failure to comply with the requirement is an
offence.
(5) A person must not --
30 (a) fail, without reasonable excuse, to comply with a
requirement under this clause; or
(b) in purported compliance with a requirement under
this clause, give information that is false or
misleading in a material particular.
35 Penalty: $3 300 or imprisonment for 6 months or both.
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55. Privilege against self-incrimination
(1) A person is not excused from answering a question or
producing a document or article when required to do so
under clause 54 on the ground that the answer to the
5 question, or the production of the document or article, may
tend to incriminate the person or make the person liable to a
penalty.
(2) However --
(a) the answer given or document or article produced;
10 (b) answering the question or producing the document
or article; or
(c) any information, document or thing obtained as a
direct or indirect consequence of the answering of
the question or the production of the document or
15 article,
is not admissible in evidence against the person --
(d) in any civil proceedings; or
(e) in any criminal proceedings other than proceedings
for an offence against clause 54.
20 56. Power to take possession of plant, take samples of
substances etc.
(1) In conducting an inspection, an inspector may, to the extent
that it is reasonably necessary for the purposes of inspecting,
examining, taking measurements of or conducting tests
25 concerning, any plant, substance or thing at a place at which
a pipeline operation is carried out in connection with the
inspection --
(a) take possession of the plant, substance or thing and
remove it from the place; or
30 (b) take a sample of the substance or thing and remove
that sample from the place.
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(2) On taking possession of plant, a substance or a thing, or
taking a sample of a substance or thing, the inspector must,
by notice in writing, inform --
(a) the licensee for the pipeline operation;
5 (b) if the plant, substance or thing is used for the
performance of work by an employer of a member
or members of the workforce engaged in the
pipeline operation other than the licensee for the
pipeline operation -- that employer;
10 (c) if the plant, substance or thing is owned by a person
other than a person mentioned in paragraph (a) or
(b) -- that person; and
(d) if there is a safety and health representative for a
designated work group that includes a member of
15 the workforce who is affected by the matter to
which the inspection relates -- that representative,
of the taking of possession or the taking of the sample, as
the case may be, and the reasons for it.
(3) If the inspector gives the notice to the licensee for the
20 pipeline operation to which the inspection relates, the
licensee's representative must cause the notice to be
displayed in a prominent place at the workplace from which
the plant, substance or thing was removed.
(4) If the inspector takes possession of plant, a substance or a
25 thing at a workplace for the purpose of inspecting,
examining, taking measurements of or conducting tests
concerning, the plant, substance or thing, the inspector
must --
(a) ensure that the inspection, examination, measuring
30 or testing is conducted as soon as practicable; and
(b) return it to the workplace as soon as practicable
afterwards.
(5) As soon as practicable after completing any such inspection,
examination, measurement or testing, the inspector must
35 give a written statement setting out the results to each
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person whom the inspector is required to notify under
subclause (2).
57. Power to direct that workplace etc. not be disturbed
(1) An inspector may give a direction under subclause (2) if, in
5 conducting an inspection, the inspector has reasonable
grounds to believe that it is reasonably necessary to do so in
order to --
(a) remove an immediate threat to the safety or health
of any person; or
10 (b) allow the inspection, examination or taking of
measurements of, or conducting of tests concerning,
a pipeline, or any plant, substance or thing, for use
in a pipeline operation.
(2) If subclause (1) applies, the inspector may direct, by written
15 notice given to the licensee's representative, that the
licensee must ensure that --
(a) a particular workplace; or
(b) particular plant, or a particular substance or thing,
not be disturbed for a period specified in the direction.
20 (3) The period specified in the direction must be a period that
the inspector has reasonable grounds to believe is necessary
in order to remove the threat or to allow the inspection,
examination, measuring or testing to take place.
(4) The direction may be renewed by another direction in the
25 same terms.
(5) If an inspector gives a notice to the licensee's representative
under subclause (2), the licensee's representative must cause
the notice to be displayed in a prominent place at the
workplace --
30 (a) that is to be left undisturbed; or
(b) where the plant, substance or thing that is to be left
undisturbed is located.
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(6) As soon as practicable after giving the direction, the
inspector must take reasonable steps to notify --
(a) if the workplace, plant, substance or thing to which
the direction relates is owned by a person other than
5 the licensee for the pipeline operation -- that
person; and
(b) if there is a safety and health representative for a
designated work group that includes a group
member performing work --
10 (i) at a workplace; or
(ii) involving the plant, substance or thing,
to which the direction relates -- that representative,
of the direction and the reasons for giving it.
(7) The licensee for a pipeline operation to which a direction
15 concerning a workplace, plant, substance or a thing relates
must ensure that the direction is complied with.
Penalty: $27 500.
(8) A direction under subclause (2) must be accompanied by a
statement setting out the reasons for the direction.
20 58. Power to issue prohibition notices
(1) If, having conducted an inspection, an inspector is satisfied
on reasonable grounds that it is reasonably necessary to
issue a prohibition notice to the licensee for a pipeline
operation in order to remove an immediate threat to the
25 safety or health of any person, the inspector may issue a
prohibition notice, in writing, to the licensee.
(2) The notice must be issued to the licensee by giving it to the
licensee's representative.
(3) The notice must --
30 (a) specify the activity in respect of which, in the
inspector's opinion, the threat to safety or health has
arisen, and set out the reasons for that opinion; and
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(b) either --
(i) direct the licensee to ensure that the activity
is not engaged in; or
(ii) direct the licensee to ensure that the activity
5 is not engaged in in a specified manner.
(4) A specified manner may relate to any one or more of the
following --
(a) any workplace, or part of a workplace, at which the
activity is not to be engaged in;
10 (b) any plant or substance that is not to be used in
connection with the activity;
(c) any procedure that is not to be followed in
connection with the activity.
(5) The notice may specify action that may be taken to satisfy
15 an inspector that adequate action has been taken to remove
the threat to safety and health.
(6) The licensee's representative must --
(a) give a copy of the notice to each safety and health
representative (if any) for any designated work
20 group having group members performing work that
is affected by the notice; and
(b) cause a copy of the notice to be displayed at a
prominent place at or near each workplace at which
that work is performed.
25 (7) If the notice relates to any workplace, plant, substance or
thing that is owned by a person other than the licensee, the
inspector must, upon issuing the notice, give a copy of the
notice to that person.
59. Compliance with prohibition notice
30 (1) A licensee must ensure that a prohibition notice issued to the
licensee is complied with.
Penalty: $27 500.
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(2) If an inspector is satisfied that action taken by the licensee
to remove the threat to safety and health in respect of which
the notice was issued is not adequate, the inspector must
inform the licensee accordingly.
5 (3) A prohibition notice ceases to have effect when an inspector
notifies the licensee that the inspector is satisfied that the
licensee has taken adequate action to remove the threat to
safety or health.
(4) In making a decision under subclause (2), an inspector may
10 exercise any of the powers of an inspector conducting an
inspection that the inspector considers necessary for the
purposes of making the decision.
60. Power to issue improvement notices
(1) If, in conducting an inspection, an inspector believes on
15 reasonable grounds that a person --
(a) is contravening a listed OSH law; or
(b) has contravened a provision of a listed OSH law
and is likely to contravene that provision again,
the inspector may issue an improvement notice, in writing,
20 to the person (the "responsible person").
(2) If the responsible person is the licensee, the improvement
notice may be issued to the licensee by giving it to the
licensee's representative.
(3) If the responsible person is an employer (other than the
25 licensee) of members of the workforce, but it is not
practicable to give the notice to that employer --
(a) the improvement notice may be issued to the
employer by giving it to the licensee's
representative; and
30 (b) if the notice is so issued -- the licensee must ensure
that a copy of the notice is given to the employer as
soon as practicable afterwards.
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(4) The notice --
(a) must specify the contravention that the inspector
believes is occurring or is likely to occur, and set
out the reasons for that belief;
5 (b) must specify a reasonable period within which the
responsible person is to take the action necessary to
prevent any further contravention or to prevent the
likely contravention, as the case may be; and
(c) may specify action that the responsible person is to
10 take during the period specified in the notice.
(5) If the inspector believes on reasonable grounds that it is
appropriate to do so, the inspector may, in writing and
before the end of the period, extend the period specified in
the notice.
15 (6) If an improvement notice is issued to an employer (other
than the licensee) of members of the workforce in
circumstances other than the circumstance referred to in
subclause (3), the employer must immediately ensure that a
copy of the notice is given to the licensee's representative.
20 (7) If a notice is issued to the licensee or to an employer (other
than the licensee) of members of the workforce, the
licensee's representative must --
(a) give a copy of the notice to each safety and health
representative for a designated work group having
25 group members performing work that is affected by
the notice; and
(b) cause a copy of the notice to be displayed in a
prominent place at or near each workplace at which
the work is being performed.
30 (8) On issuing a notice, the inspector must give a copy of the
notice to --
(a) if the notice is --
(i) given to a member of the workforce who is
an employee; and
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(ii) in connection with work performed by the
employee,
the employer of that employee;
(b) if the notice relates to any workplace, plant,
5 substance or thing that is owned by a person other
than --
(i) a responsible person; or
(ii) a person who is an employer referred to in
paragraph (a),
10 that owner; and
(c) if the notice is issued to a person who owns any
workplace, plant, substance or thing, because of
which a contravention of a listed OSH law has
occurred or is likely to occur --
15 (i) the licensee for the pipeline operation; and
(ii) if the employer of employees who work in
that workplace or who use that plant,
substance or thing is a person other than the
licensee -- that employer.
20 61. Compliance with improvement notice
A person to whom an improvement notice is issued must
comply with it to the extent that the notice relates to any
matter over which the person has control.
Penalty: $11 000.
25 62. Notices not to be tampered with or removed
(1) A person must not, without reasonable excuse, tamper with
any notice that has been displayed under clause 56(3), 57(5),
58(6) or 60(7) while that notice is so displayed.
(2) If a notice has been displayed under clause 56(3), a person
30 must not, without reasonable excuse, remove the notice until
the plant or thing to which the notice relates is returned to
the workplace from which it was removed.
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(3) If a notice has been displayed under clause 57(5), 58(6) or
60(7), a person must not, without reasonable excuse, remove
the notice before it has ceased to have effect.
Penalty applicable to subclauses (1), (2) and (3): $11 000.
5 Subdivision 4 -- Reports on inspections
63. Reports on inspections
(1) If an inspector has conducted an inspection, the inspector
must, as soon as practicable, prepare a written report
relating to the inspection and give the report to the Minister.
10 (2) The report must include --
(a) the inspector's conclusions from conducting the
inspection and the reasons for those conclusions;
(b) any recommendations that the inspector wishes to
make arising from the inspection; and
15 (c) any other prescribed matters.
(3) As soon as practicable after receiving the report, the
Minister must give a copy of the report, together with any
written comments that the Minister wishes to make --
(a) to the licensee for the pipeline operation to which
20 the report relates;
(b) if the report relates to activities performed by an
employee of another person -- that other person;
and
(c) if the report relates to any plant, substance or thing
25 owned by another person -- that other person.
(4) The Minister may, in writing, request the licensee or any
other person to whom the report is given to provide to the
Minister, within a reasonable period specified in the request,
details of --
30 (a) any action proposed to be taken as a result of the
conclusions or recommendations contained in the
report; and
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(b) if a notice has been issued under clause 58 or 60 in
relation to work being performed for the licensee or
that other person -- any action taken, or proposed
to be taken, in respect of that notice,
5 and the licensee or that other person must comply with the
request.
(5) As soon as practicable after receiving a report, the licensee
for the pipeline operation must give a copy of the report,
together with any written comment made by the Minister on
10 the report --
(a) if there is a least one safety and health committee in
respect of some or all of the members of the
workforce -- to each such committee; and
(b) if there is no such committee in respect of some or
15 all of the members of the workforce, but some or all
of those members (in respect of which there is no
such committee) are in at least one designated work
group for which there is a safety and health
representative -- to each such safety and health
20 representative.
Subdivision 5 -- Reviews
64. Reviews of inspectors' decisions
(1) If an inspector, in conducting an inspection or having
conducted an inspection --
25 (a) decides, under clause 37, to confirm or vary a
provisional improvement notice;
(b) decides, under clause 56, to take possession of
plant, a substance or a thing at a workplace;
(c) decides, under clause 57, to direct that a workplace,
30 a part of a workplace, plant, a substance or a thing
not be disturbed;
(d) decides, under clause 58, to issue a prohibition
notice;
(e) decides, under clause 59, that the licensee for a
35 pipeline operation to whom a prohibition notice has
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been issued has not taken adequate action to remove
the threat to safety and health that caused the notice
to be issued; or
(f) decides, under clause 60, to issue an improvement
5 notice,
a person referred to in subclause (2) may apply in writing to
the reviewing authority for a review of the decision.
(2) The following persons may apply for a review of a decision,
as is relevant to the case --
10 (a) the licensee for the pipeline operation or any
employer (other than the licensee) who is affected
by the decision;
(b) a person to whom a notice has been issued under
clause 36(2) or 60(1);
15 (c) the safety and health representative for a designated
work group having a group member affected by the
decision;
(d) a workforce representative in relation to the
designated work group that includes a group
20 member who is affected by the decision and who
has requested the workforce representative to apply
for a review of the decision;
(e) if there is no such designated work group, and a
member of the workforce affected by the decision
25 has requested a workforce representative in relation
to the member to apply for a review of the
decision -- that workforce representative;
(f) a person who owns any workplace, plant, substance
or thing to which the decision referred to in
30 subclause (1)(a), (b), (c) or (f) relates.
(3) If an inspector, having conducted an inspection --
(a) decides under clause 37 to cancel a provisional
improvement notice; or
(b) decides under clause 59 that the licensee for a
35 pipeline operation to whom a prohibition notice has
been issued has taken adequate action to remove the
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threat to safety and health that caused the notice to
be issued,
the following persons may apply in writing to the reviewing
authority for a review of the decision --
5 (c) the safety and health representative for a designated
work group having a group member affected by the
decision;
(d) a workforce representative in relation to the
designated work group that includes a group
10 member who is affected by the decision and who
has requested the workforce representative to apply
for the review;
(e) if there is no such designated work group, and a
member of the workforce affected by the decision
15 has requested a workforce representative in relation
to the member to apply for the review -- that
workforce representative.
(4) Subject to this clause, applying for a review of a decision
does not affect the operation of the decision or prevent the
20 taking of action to implement that decision, except to the
extent that the reviewing authority makes an order to the
contrary.
(5) If the decision to be reviewed is a decision under clause 60
to issue an improvement notice, the operation of the notice
25 is suspended pending determination of the review, except to
the extent that the reviewing authority makes an order to the
contrary.
(6) If the decision to be reviewed is a decision of an inspector
under clause 37 to confirm or vary a provisional
30 improvement notice whose operation has been suspended
pending the inspection of the matter to which the notice
relates, the operation of the notice is further suspended
pending determination of the review, except to the extent
that the reviewing authority makes an order to the contrary.
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(7) In this clause and in clause 65 --
"reviewing authority" means a person prescribed by the
regulations to be a reviewing authority for the purposes
of this clause.
5 65. Powers of reviewing authority on review
(1) On a review of a decision, the reviewing authority may --
(a) affirm, vary or revoke the decision; and
(b) if it revokes the decision -- substitute any other
decision of the kind being reviewed that it thinks
10 appropriate.
(2) If the decision is --
(a) varied;
(b) revoked; or
(c) revoked with the substitution of another decision,
15 the decision is taken to have effect, and always to have had
effect, accordingly.
(3) If --
(a) the decision being reviewed is a decision under
clause 56 to take possession of plant, a substance or
20 a thing at a workplace; and
(b) the decision is not affirmed,
the inspector who made the decision must ensure that, to the
extent that the decision is not affirmed, the plant, substance
or thing is returned to the workplace as soon as practicable.
25 66. Expiry of Subdivision 5
This Subdivision ceases to have effect on the day on which
the first regulations made under clause 79 come into
operation.
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Division 5 -- General
67. Notifying and reporting accidents and dangerous
occurrences
(1) If, arising from a pipeline operation, there is --
5 (a) an accident that causes the death of, or serious
personal injury to, any person;
(b) an accident that causes a member of the workforce
to be incapacitated from performing work for a
period prescribed for the purposes of this paragraph;
10 or
(c) a dangerous occurrence,
the licensee must, in accordance with the regulations, give
the Minister notice of, and a report about, the accident or
dangerous occurrence.
15 Penalty: $5 000.
(2) Regulations made for the purposes of subclause (1) (other
than regulations made for the purpose of subclause (1)(b))
may prescribe --
(a) the time within which, and the manner in which,
20 notice of an accident or dangerous occurrence is to
be given, and the form of the notice; and
(b) the time within which, and the manner in which, a
report of an accident or dangerous occurrence is to
be given, and the form of the report.
25 (3) Subclause (2) does not limit regulations that may be made
for the purposes of subclause (1).
68. Records of accidents and dangerous occurrences to
be kept
(1) The licensee for a pipeline operation must maintain, in
30 accordance with the regulations, a record of each accident or
dangerous occurrence in respect of which the licensee is
required by clause 67 to notify the Minister.
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(2) Regulations made for the purposes of subclause (1) may
prescribe --
(a) the nature of the contents of a record maintained
under this clause; and
5 (b) the period for which the record must be retained.
(3) Subclause (2) does not limit regulations that may be made
for the purposes of subclause (1).
69. Codes of practice
(1) The regulations may prescribe codes of practice for the
10 purpose of providing practical guidance to licensees for
pipeline operations and employers (other than licensees) of
members of the workforce engaged in pipeline operations.
(2) A person is not liable in any civil or criminal proceedings
for contravening a code of practice.
15 70. Use of codes of practice in proceedings
(1) This clause applies if, in any proceedings for an offence
against a listed OSH law, it is alleged that a person
contravened a provision of a listed OSH law in relation to
which a code of practice was in effect at the time of the
20 alleged contravention.
(2) The code of practice is admissible in evidence in those
proceedings.
(3) If the court is satisfied, in relation to any matter which it is
necessary for the prosecution to prove in order to establish
25 the alleged contravention, that --
(a) any provision of the code of practice is relevant to
that matter; and
(b) the person failed at any material time to comply
with that provision of the code of practice,
30 that matter is treated as proved unless the court is satisfied
that in respect of that matter the person complied with that
provision of the listed OSH law otherwise than by
complying with the code of practice.
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71. Interference etc. with equipment etc.
A person must not, without reasonable excuse, do anything
that results in the interference with, or the rendering
ineffective of, any protective equipment or safety device
5 provided for the occupational safety and health of members
of the workforce engaged in a pipeline operation if the
person knew (or ought reasonably to have known) that the
equipment or device was protective equipment or a safety
device.
10 Penalty: $3 300 or imprisonment for 6 months or both.
72. No charges to be levied on members of workforce
The licensee for a pipeline operation or an employer (other
than the licensee) of members of the workforce engaged in a
pipeline operation must not levy, or permit to be levied, on a
15 member of the workforce any charge in respect of anything
done or provided in accordance with a listed OSH law in
order to ensure the occupational safety and health of persons
engaged in the pipeline operation or any other protected
persons.
20 Penalty: $27 500.
73. Victimisation
(1) An employer (whether the licensee or another person) must
not --
(a) dismiss an employee;
25 (b) perform an act that results in injury to an employee
in his or her employment;
(c) perform an act that prejudicially alters the
employee's position (whether by deducting or
withholding remuneration or by any other means);
30 or
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(d) threaten to do any of those things,
because the employee --
(e) has complained or proposes to complain about a
matter concerning the safety or health of employees
5 at work;
(f) has assisted or proposes to assist, by giving
information or otherwise, the conduct of an
inspection; or
(g) has ceased, or proposes to cease, to perform work,
10 in accordance with a direction by a safety and
health representative under clause 42(1)(b) or
(3)(c), and the cessation or proposed cessation does
not continue after --
(i) the safety and health representative has
15 agreed with a person supervising the work
that the cessation or proposed cessation was
not, or is no longer, necessary; or
(ii) an inspector has, under clause 42(5), made a
decision that has the effect that the
20 employee should perform the work.
Penalty: $27 500.
(2) In proceedings for an offence against subclause (1), if all the
relevant facts and circumstances, other than the reason for
an action alleged in the charge, are proved, the defendant
25 has the onus of establishing that the action was not taken for
that reason.
74. Institution of prosecutions
(1) Proceedings for an offence against a listed OSH law may be
instituted by an inspector but an inspector is not to be
30 personally responsible for any costs incurred by or awarded
against the inspector in connection with any proceeding for
an offence against a listed OSH law.
(2) A safety and health representative for a designated work
group may request an inspector to institute proceedings for
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an offence against a listed OSH law in relation to the
occurrence of an act or omission if --
(a) a period of 6 months has elapsed since the act or
omission occurred;
5 (b) the safety and health representative considers that
the occurrence of the act or omission constitutes an
offence against a listed OSH law; and
(c) proceedings in respect of the offence have not been
instituted.
10 (3) A workforce representative in relation to a designated work
group may request an inspector to institute proceedings for
an offence against a listed OSH law in relation to the
occurrence of an act or omission if --
(a) a period of 6 months has elapsed since the act or
15 omission occurred;
(b) the workforce representative considers that the
occurrence of the act or omission constitutes an
offence against a listed OSH law;
(c) proceedings in respect of the offence have not been
20 instituted; and
(d) a group member included in the group requests the
workforce representative to request an inspector to
institute the proceedings.
(4) A request under subclause (2) or (3) must be in writing.
25 (5) An inspector must, within 3 months after receiving the
request, advise the safety and health representative or the
workforce representative, as the case may be, whether
proceedings under subclause (1) have been or will be
instituted, and, if not, give reasons why not.
30 75. Conduct of directors, employees and agents
(1) This clause has effect for the purposes of a proceeding for
an offence against a listed OSH law.
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(2) If it is necessary to establish the state of mind of a body
corporate in relation to particular conduct, it is sufficient to
show --
(a) that the conduct was engaged in by a director,
5 employee or agent of the body corporate within the
scope of actual or apparent authority; and
(b) that the director, employee or agent had the state of
mind.
(3) Any conduct engaged in on behalf of a body corporate by a
10 director, employee or agent of the body corporate within the
scope of actual or apparent authority is taken to have been
engaged in also by the body corporate unless it establishes
that it took reasonable precautions and exercised due
diligence to avoid the conduct.
15 (4) If it is necessary to establish the state of mind of a natural
person in relation to particular conduct, it is sufficient to
show --
(a) that the conduct was engaged in by an employee or
agent of the natural person within the scope of
20 actual or apparent authority; and
(b) that the employee or agent had the state of mind.
(5) Any conduct engaged in on behalf of a natural person by an
employee or agent of the natural person within the scope of
actual or apparent authority is taken to have been engaged in
25 also by the natural person unless the natural person
establishes that he or she took reasonable precautions and
exercised due diligence to avoid the conduct.
(6) If --
(a) a natural person is found guilty of an offence; and
30 (b) he or she would not have been found guilty of the
offence if subclauses (4) and (5) had not been
enacted,
he or she is not liable to be punished by imprisonment for
that offence.
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(7) A reference in subclause (2) or (4) to the state of mind of a
person includes a reference to --
(a) the person's knowledge, intention, opinion, belief or
purpose; and
5 (b) the person's reasons for the intention, opinion,
belief or purpose.
76. Act not to give rise to other liabilities etc.
This Schedule does not --
(a) confer a right of action in any civil proceeding in
10 respect of any contravention of a listed OSH law; or
(b) confer a defence to an action in any civil proceeding
or otherwise affect a right of action in any civil
proceeding.
77. Circumstances preventing compliance may be defence to
15 prosecution
It is a defence to a prosecution for a contravention of a listed
OSH law if the defendant proves that it was not practicable
to comply with it because of an emergency prevailing at the
relevant time.
20 78. Regulations -- general
(1) The regulations may prescribe --
(a) procedures for the selection of persons, under
clause 39, as members of safety and health
committees, to represent the interests of members of
25 the workforce engaged in a pipeline operation;
(b) procedures to be followed at meetings of safety and
health committees;
(c) the manner in which notices are to be served under
this Schedule or the regulations; and
30 (d) forms for the purposes of this Schedule or the
regulations.
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(2) If the Minister is satisfied that --
(a) a power, function or duty is conferred or imposed
on a person under a law of this State or the
Commonwealth; and
5 (b) the proper exercise of the power or performance of
the function or duty is or would be prevented by this
Schedule or a provision of this Schedule,
regulations made for the purposes of this subclause may
declare that this Schedule, or the provision, as the case may
10 be, does not apply to that person, or does not apply to that
person in the circumstances specified in the regulations.
(3) Regulations made for the purposes of subclause (2) do not
remain in force for longer than 5 years after they commence,
but this subclause does not prevent the making of further
15 regulations of the same substance.
(4) In subclause (2) --
"this Schedule" includes regulations made for the purposes
of this Schedule.
79. Regulations -- review
20 (1) Regulations made for the purposes of this clause cannot
come into operation before the day on which section 49 of
the Petroleum Legislation Amendment and Repeal Act 2004
comes into operation.
(2) The regulations may provide for the review, by a person
25 prescribed to be a reviewing authority for the purposes of
this subclause, of a decision that, before the expiry of
Division 4 Subdivision 5, could have been the subject of a
review under clause 64.
(3) The regulations may provide for any of the following
30 matters to be referred to the Tribunal, within the meaning
given by section 51G(2) of the Occupational Safety and
Health Act 1984, for review --
(a) a decision of a reviewing authority for the purposes
of clause 21;
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(b) a decision of a reviewing authority for the purposes
of subclause (2).
(4) Regulations for the purposes of subclause (2) or (3) may
prescribe any of the following, as is relevant to the case --
5 (a) by whom matters for review may be referred to the
reviewing authority or the Tribunal;
(b) how and when matters for review may be referred
to the reviewing authority or the Tribunal;
(c) requirements for the giving of notice of referrals to
10 the reviewing authority or the Tribunal;
(d) the nature of reviews by the reviewing authority or
the Tribunal;
(e) the functions that may be performed and the powers
that may be exercised by the reviewing authority or
15 the Tribunal when reviewing a matter;
(f) requirements for the giving of notice of decisions
made by the reviewing authority or the Tribunal on
referrals and the reasons for those decisions;
(g) the effect or operation of a decision or notice
20 pending its review by the reviewing authority or the
Tribunal.
(5) Regulations may prescribe the Tribunal to be the deciding
authority for the purposes of clause 30.
(6) Regulations for the purposes of subclause (3) or (5) may
25 provide --
(a) that where a matter is referred to, or to be decided
by, the Tribunal --
(i) the matter may be heard and determined;
and
30 (ii) a determination made by the Tribunal on
the matter has effect, and may be appealed
against and enforced,
as if it were --
(iii) a matter in respect of which jurisdiction is
35 conferred on the Tribunal by Part VIB of
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s. 32
the Occupational Safety and Health
Act 1984; or
(iv) a determination made for the purposes of
that Part;
5 (b) that the provisions of --
(i) Part VIB of the Occupational Safety and
Health Act 1984; and
(ii) the Industrial Relations Act 1979 applied by
that Part,
10 have effect for the purposes of the regulations made
for the purposes of this clause with all necessary
changes;
(c) that in the operation of regulations providing for
matters in accordance with paragraph (b),
15 section 51J(1) of the Occupational Safety and
Health Act 1984 has effect as if it were expressed to
apply where a decision of a reviewing authority for
the purposes of clause 21 has been referred to the
Tribunal for review;
20 (d) for any transitional provisions relating to matters --
(i) referred for review under clause 64 but not
finally determined before the day on which
regulations made for the purposes of
subclause (2) or (3) first come into
25 operation; or
(ii) applications under clause 30 not finally
determined before the day on which
regulations made for the purposes of
subclause (5) first come into operation.
30 ".
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Petroleum Legislation Amendment and Repeal Bill 2004
Petroleum (Submerged Lands) Act 1982 Part 4
s. 33
Part 4 -- Petroleum (Submerged Lands) Act 1982
33. The Act amended
The amendments in this Part are to the Petroleum (Submerged
Lands) Act 1982*.
5 [* Reprinted as at 6 August 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 286 and
Act No. 4 of 2004.]
34. Section 4 amended
10 Section 4 is amended by inserting in the appropriate
alphabetical positions the following definitions --
"
"Commonwealth Minister" means the Minister of the
Crown in right of the Commonwealth for the time
15 being administering the Commonwealth Act, and
includes another Minister for the time being acting
for and on behalf of that Minister;
"facility" has the same meaning as in Schedule 5;
"interstate Minister" means the Minister of the
20 Crown in right of a State (other than Western
Australia) or of the Northern Territory who is for
the time being authorised under the law of that
State or Territory to perform the functions of a
Designated Authority under the Commonwealth
25 Act;
"listed OSH law" has the meaning given in
section 151C;
"offshore petroleum operation" means any operation
(including a diving operation) that --
30 (a) relates to --
(i) the exploration for petroleum; or
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s. 35
(ii)the recovery, processing, storage,
offloading or piped conveyance of
petroleum;
(b) if the operation is a diving operation, takes
5 place in the adjacent area; and
(c) if the operation is not a diving operation,
takes place at a facility;
"OHS inspector" means an OHS inspector appointed
under the Commonwealth Act;
10 "Safety Authority" means the National Offshore
Petroleum Safety Authority under the
Commonwealth Act;
".
35. Section 11 amended
15 Section 11 is amended by deleting "Division" and inserting
instead --
" Part ".
36. Part IIA inserted
After section 15 the following Part is inserted --
20 "
Part IIA -- Application of laws
15A. Disapplication of State occupational safety and
health laws
(1) The prescribed occupational safety and health laws do
25 not apply in relation to --
(a) a facility;
(b) a person at a facility;
(c) a person near a facility, to the extent to which
the person is affected by --
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s. 37
(i) a facility; or
(ii) activities that take place at a facility;
or
(d) activities that take place at a facility.
5 (2) A reference in subsection (1) to the prescribed
occupational safety and health laws is a reference to
such of the provisions of those laws that, but for
subsection (1), would apply in the adjacent area under
the Off-shore (Application of Laws) Act 1982 or the
10 cooperative scheme as defined by section 3 of the
Crimes at Sea Act 2000.
(3) In this section--
"prescribed occupational safety and health laws"
means any laws of the State relating to
15 occupational safety and health (whether or not
they also relate to other matters) that are
prescribed by the regulations for the purposes of
this section.
(4) This section applies despite anything to the contrary in
20 the Off-shore (Application of Laws) Act 1982 or the
Crimes at Sea Act 2000.
".
37. Section 89 repealed
Section 89 is repealed.
25 38. Section 97 amended
(1) Section 97(1) is amended by deleting "and shall secure the
safety, health and welfare of persons engaged in those
operations in or about the permit area, lease area or licence
area".
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s. 39
(2) Section 97(3) is amended by deleting "and shall secure the
safety, health and welfare of persons engaged in operations in
connection with the pipeline".
(3) Section 97(5) is amended by deleting "and shall secure the
5 safety, health and welfare of persons engaged in those
operations in or about that area".
39. Section 124B inserted
After section 124A the following section is inserted --
"
10 124B. Interfering with offshore petroleum installation or
operation
(1) A person must not intentionally or recklessly --
(a) cause damage to, or interfere with, any
structure or vessel in the adjacent area that is,
15 or is to be, used in an offshore petroleum
operation; or
(b) interfere with any offshore petroleum
operation.
Penalty: imprisonment for 10 years.
20 (2) In this section --
"structure" means any fixed, moveable or floating
structure or installation and includes a pipeline,
pumping station, tank station and valve station.
".
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s. 40
40. Section 125 amended
(1) Section 125(1) is amended by deleting "public service officer
within the meaning of the Public Sector Management Act 1994
to be an inspector for the purposes of this Act and the
5 regulations." and inserting instead --
"
person to be an inspector for such or all of the purposes
of this Act except Part IIIA as are specified in the
instrument of appointment.
10 ".
(2) Section 125(2) is amended by deleting "he is an inspector for
the purposes of this Act and the regulations." and inserting
instead --
"
15 the person is an inspector for the purposes specified in
the certificate.
".
41. Section 126 amended
Section 126(1) is amended by deleting "and the regulations,"
20 and inserting instead --
" other than Part IIIA, ".
42. Section 126A inserted
After section 126 the following section is inserted --
"
25 126A. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for
anything that the person has done, in good faith, in the
performance or purported performance of a function
under this Act.
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s. 43
(2) The protection given by subsection (1) applies even
though the thing done as described in that subsection
may have been capable of being done whether or not
this Act had been enacted.
5 (3) Despite subsection (1), the State is not relieved of any
liability that it might have for another person having
done anything as described in that subsection.
(4) In this section a reference to the doing of anything
includes a reference to the omission to do anything.
10 ".
43. Section 137A inserted
After section 137 the following section is inserted --
"
137A. Evidentiary matters
15 (1) In a proceeding for an offence against this Act an
averment in the complaint that at a particular time --
(a) a particular operation was an offshore
petroleum operation;
(b) a particular vessel or structure was a facility;
20 (c) a particular person was the operator of a
facility;
(d) a particular person was in control of a particular
part of a facility, or of any particular work
carried out at a facility;
25 (e) a particular person was an employer who
carried on an activity at a facility;
(f) a particular person was an employer of a
particular person or particular persons who
worked at a facility;
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s. 43
(g) a particular person was an employee or
inspector,
is to be taken to have been proved in the absence of
evidence to the contrary.
5 (2) In a proceeding for an offence against this Act, proof is
not required as to any of the following matters, unless
evidence is given to the contrary --
(a) a delegation under section 16 by the Minister of
a power, function or duty;
10 (b) the authority of any person to institute a
proceeding for an offence against this Act other
than an offence against a listed OSH law;
(c) the authority of the Safety Authority or an
inspector to institute a proceeding for an
15 offence against a listed OSH law.
(3) In a proceeding for an offence against this Act,
production of a copy of --
(a) a code of practice;
(b) an Australian Standard; or
20 (c) an Australian/New Zealand Standard,
purporting to be certified by the CEO to be a true copy
as at any date or during any period is, without proof of
the signature of the CEO, sufficient evidence of the
contents of the code of practice or Standard as at that
25 date or during that period.
(4) In subsection (3) --
"Australian Standard" means a document having that
title published by Standards Australia;
"Australian/New Zealand Standard" means a
30 document having that title jointly published by
Standards Australia and the Standards Council of
New Zealand;
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s. 44
"CEO" means the chief executive officer of the
department of the Public Service principally
assisting in the administration of this Act.
".
5 44. Part IIIA inserted
After section 151 the following Part is inserted --
"
Part IIIA -- Occupational safety and health
Division 1 -- Introduction
10 151A. Definitions
In this Part --
"Board" means the National Offshore Petroleum
Safety Authority Board under the Commonwealth
Act;
15 "CEO" means the Chief Executive Officer of the
Safety Authority.
151B. Occupational safety and health
Schedule 5 has effect.
151C. Listed OSH laws
20 For the purposes of this Act --
"listed OSH law" means --
(a) section 124B, to the extent to which that
section relates to --
(i) damage to, or interference with, a
25 facility; or
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Petroleum (Submerged Lands) Act 1982 Part 4
s. 44
(ii) interference with any operation or
activity being carried out, or any works
being executed, on, by means of, or in
connection with, a facility;
5 (b) Schedule 5;
(c) a regulation made for the purposes of
Schedule 5;
(d) a regulation made for the purposes of
section 151D; or
10 (e) any other written law relating to
occupational safety and health matters that is
prescribed for the purposes of this paragraph.
151D. Regulations relating to occupational safety and
health
15 (1) The regulations may make provision in relation to the
occupational safety and health of persons at or near a
facility who are under the control of a person who is
carrying on an offshore petroleum operation.
(2) Without limiting subsection (1), regulations for the
20 purpose of that subsection may --
(a) require a person who is carrying on an offshore
petroleum operation to establish and maintain a
system of management to secure the
occupational safety and health of persons
25 referred to in that subsection; and
(b) specify requirements with which the system
must comply.
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Division 2 -- Functions and powers of the
Safety Authority
151E. Safety Authority's functions
The Safety Authority has the following functions --
5 (a) the functions conferred on it under this Act in
relation to offshore petroleum operations;
(b) to promote the occupational safety and health
of persons engaged in offshore petroleum
operations;
10 (c) to develop and implement effective monitoring
and enforcement strategies to secure
compliance by persons with their occupational
safety and health obligations under this Act;
(d) to --
15 (i) investigate accidents, occurrences and
circumstances that affect, or have the
potential to affect, the occupational
safety and health of persons engaged in
offshore petroleum operations; and
20 (ii) to report, as appropriate, to the Minister,
the Commonwealth Minister, and to any
responsible interstate Minister, on those
investigations;
(e) to advise persons, either on its own initiative or
25 on request, on occupational safety and health
matters relating to offshore petroleum
operations;
(f) to make reports, including recommendations,
to --
30 (i) the Minister;
(ii) the Commonwealth Minister; and
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s. 44
(iii) any responsible interstate Minister,
on issues relating to the occupational safety and
health of persons engaged in offshore
petroleum operations;
5 (g) to cooperate with --
(i) the Minister and other State agencies
having functions relating to offshore
petroleum operations;
(ii) Commonwealth agencies having
10 functions relating to offshore petroleum
operations; and
(iii) the Designated Authorities under the
Commonwealth Act in respect of States
other than Western Australia and the
15 Northern Territory.
151F. Safety Authority's ordinary powers
(1) The Safety Authority has power to do all things
necessary or convenient to be done for or in connection
with the performance of its functions.
20 (2) The Safety Authority's powers include, but are not
limited to, the following powers --
(a) the power to acquire, hold and dispose of real
and personal property;
(b) the power to enter into contracts;
25 (c) the power to lease the whole or any part of any
land or building for the purposes of the Safety
Authority;
(d) the power to occupy, use and control any land
or building owned or held under lease by the
30 Commonwealth and made available for the
purposes of the Safety Authority;
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s. 44
(e) the power to conduct research and development
projects and to cooperate with others in such
projects;
(f) the power to apply for and hold patents and
5 exploit patents;
(g) the power to do anything incidental to any of its
functions.
151G. Judicial notice of seal
All courts, judges and persons acting judicially must --
10 (a) take judicial notice of the imprint of the seal of
the Safety Authority appearing on a document;
and
(b) presume that the document was duly sealed.
Division 3 -- Safety Authority Board
15 151H. Functions of the Board
(1) The Board has the following functions --
(a) to give advice, and make recommendations, to
the CEO about the operational policies and
strategies to be followed by the Safety
20 Authority in the performance of its functions;
(b) to give advice, and make recommendations,
to --
(i) the Minister;
(ii) the Commonwealth Minister;
25 (iii) interstate Ministers; and
(iv) the body known as the Ministerial
Council on Mineral and Petroleum
Resources,
about either or both of the following --
30 (v) policy or strategic matters relating to the
occupational safety and health of
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s. 44
persons engaged in offshore petroleum
operations;
(vi) the performance by the Safety Authority
of its functions;
5 (c) any other functions specified in a written notice
given by the Commonwealth Minister to the
Chair of the Board.
(2) As soon as practicable after the Board gives advice, or
makes recommendations, under subsection (1)(b) to --
10 (a) the Minister;
(b) an interstate Minister; or
(c) the body known as the Ministerial Council on
Mineral and Petroleum Resources,
the Board must give the Commonwealth Minister a
15 written copy of that advice or those recommendations.
151I. Powers of the Board
The Board has power to do all things necessary or
convenient to be done for or in connection with the
performance of its functions.
20 151J. Validity of decisions
The performance of the functions, or the exercise of the
powers, of the Board is not affected only because of
there being a vacancy or vacancies in the membership
of the Board.
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s. 44
Division 4 -- Chief Executive Officer and staff of the
Safety Authority
151K. CEO acts for Safety Authority
Anything done by the CEO in the name of the Safety
5 Authority or on the Safety Authority's behalf is taken
to have been done by the Safety Authority.
151L. Working with the Board
(1) The CEO must request the Board's advice on strategic
matters relating to the performance of the Safety
10 Authority's functions.
(2) The CEO must have regard to the advice given to him
or her by the Board (whether or not the advice was
given in response to a request).
(3) The CEO must --
15 (a) keep the Board informed of the Safety
Authority's operations; and
(b) give the Board any reports, documents and
information in relation to those operations that
the Chair of the Board requires.
20 151M. Delegation
(1) An employee of this State, or of an authority of this
State, may perform any function and exercise any
power delegated to him or her by the CEO under the
Commonwealth Act.
25 (2) In performing a function or exercising a power under
the delegation, the delegate must comply with any
directions of the CEO.
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Petroleum (Submerged Lands) Act 1982 Part 4
s. 44
151N. Safety Authority may use State government staff
An officer or employee --
(a) in the Public Service;
(b) in a State agency or instrumentality; or
5 (c) otherwise in the service of the Crown in right of
the State,
may assist the Safety Authority in connection with the
performance of any of the Safety Authority's functions
or the exercise of any of the Safety Authority's powers
10 under this Act, the Commonwealth Act or a
corresponding law.
Division 5 -- Other Safety Authority provisions
151O. Minister may require the Safety Authority to
prepare reports or give information
15 (1) The Minister may, by written notice given to the Safety
Authority, require the Safety Authority --
(a) to prepare a report about one or more specified
matters relating to the performance of the
Safety Authority's functions or the exercise of
20 the Safety Authority's powers; and
(b) give a copy of the report to --
(i) the Minister;
(ii) each interstate Minister; and
(iii) the Commonwealth Minister,
25 within the period specified in the notice.
(2) The Minister may, by written notice given to the Safety
Authority, require the Safety Authority to --
(a) prepare a document setting out specified
information relating to the performance of the
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s. 44
Safety Authority's functions or the exercise of
the Safety Authority's powers; and
(b) give a copy of the report to --
(i) the Minister;
5 (ii) each interstate Minister; and
(iii) the Commonwealth Minister,
within the period specified in the notice.
(3) The Safety Authority must comply with a requirement
under subsection (1) or (2).
10 151P. Directions to the Safety Authority
(1) The Minister may request the Commonwealth Minister
to give a direction to the Safety Authority that relates
wholly or principally to the Safety Authority's
operations in the adjacent area.
15 (2) The Commonwealth Minister must use his or her best
endeavours to make a decision on the request within
30 days after receiving the request.
(3) If the Commonwealth Minister refuses the request, the
Commonwealth Minister must give the Minister a
20 written statement setting out the reasons for the refusal.
(4) The Safety Authority must comply with any direction
given by the Commonwealth Minister under this
section.
151Q. Reviews of operations of Safety Authority
25 (1) The Minister must cause reviews to be conducted of
the operations of the Safety Authority in relation to the
adjacent area.
(2) The Minister must cause to be prepared a report of a
review under subsection (1).
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s. 45
(3) The first review is to relate to the 3 year period
beginning on 1 January 2005, and is to be completed
within 6 months, or the longer period that the Minister
allows, after the end of that 3 year period.
5 (4) Subsequent reviews are to relate to successive 3 year
periods, and must be completed within 6 months, or the
longer period that the Minister allows, after the end of
the 3 year period to which the review relates.
(5) A review under this section may be conducted in
10 conjunction with a review under the Commonwealth
Act or a corresponding law (or both).
(6) Without limiting the matters to be covered by a review
under subsection (1), the review must include an
assessment of the effectiveness of the Safety Authority
15 in bringing about improvements in the occupational
safety and health of persons engaged in offshore
petroleum operations.
(7) The Minister must cause a copy of the report of a
review under subsection (1) to be tabled in each House
20 of Parliament within 15 sitting days of that House after
the report of the review is completed.
(8) For the purposes of this section, a review is completed
when the report of the review is made available to the
Minister.
25 ".
45. Section 152 amended
Section 152(2) is amended as follows:
(a) after paragraph (l) by deleting "and";
(b) in paragraph (m) by deleting "area." and inserting
30 instead --
"
area;
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s. 46
(n) fees in relation to offshore petroleum
operations, safety audits or other services
provided by the Minister;
(o) any transitional matter arising out of the
5 amendments made to this Act by the Petroleum
Legislation Amendment and Repeal Act 2004.
".
46. Various sections amended to delete "the regulations"
(Interpretation Act 1984 s. 46)
10 (1) The provisions set out in the Table to this section are amended
by deleting "and the regulations" in each case.
Table
s. 7 s. 66
s. 28 s. 111(4)
s. 38C s. 112(5)
s. 52
(2) The provisions set out in the Table to this section are amended
by deleting "or the regulations" in each case.
15 Table
s. 10(1) (twice) s. 131(1), (2)
s. 16(1) and (2) s. 132
s. 61(b) s. 136
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s. 47
47. Schedule 5 inserted
After Schedule 4 the following Schedule is inserted --
"
Schedule 5 -- Occupational safety and health
5 [s. 151B]
Division 1 -- Introduction
1. Objects
The objects of this Schedule are, in relation to facilities
located in the adjacent area --
10 (a) to secure the occupational safety and health of
persons at or near those facilities;
(b) to protect persons at or near those facilities from
risks to occupational safety and health arising out of
activities being conducted at those facilities;
15 (c) to ensure that expert advice is available on
occupational safety and health matters in relation to
those facilities;
(d) to promote an occupational environment for
members of the workforce at those facilities that is
20 adapted to their needs relating to safety and health;
and
(e) to foster a consultative relationship between all
relevant persons concerning the safety and health of
members of the workforce at those facilities.
25 2. Simplified outline
The following is a simplified outline of this Schedule --
· This Schedule sets up a scheme to regulate occupational
safety and health matters at or near facilities.
· Occupational safety and health duties are imposed on
30 the following --
(a) the operator of a facility;
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s. 47
(b) a person in control of a part of a facility, or of
any work carried out at a facility;
(c) an employer;
(d) a manufacturer of plant, or a substance, for use at
5 a facility;
(e) a supplier of a facility, or of any plant or
substance for use at a facility;
(f) a person who erects or installs a facility, or any
plant at a facility;
10 (g) a person at a facility.
· A group of members of the workforce at a facility may
be established as a designated work group.
· The members of a designated work group may select a
safety and health representative for that designated
15 work group.
· The safety and health representative may exercise
certain powers for the purpose of promoting or ensuring
the occupational safety and health of group members.
· An OHS inspector may conduct an inspection --
20 (a) to ascertain whether a listed OSH law is being
complied with;
(b) concerning a contravention or a possible
contravention of a listed OSH law; or
(c) concerning an accident or dangerous occurrence
25 that has happened at or near a facility.
· The operator of a facility must report accidents and
dangerous occurrences to the Safety Authority.
3. Definitions
In this Schedule --
30 "accident" includes the contraction of a disease;
"associated offshore place", in relation to a facility, means
any offshore place near the facility where activities
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s. 47
(including diving activities) relating to the construction,
installation, operation, maintenance or
decommissioning of the facility take place, but does not
include --
5 (a) another facility;
(b) a supply vessel, offtake tanker, anchor handler or
tugboat; or
(c) a vessel, or structure, that is declared by the
regulations not to be an associated offshore
10 place;
"contract" includes an arrangement or understanding;
"contractor" has the meaning given by clause 7;
"dangerous occurrence" means an occurrence declared by
the regulations to be a dangerous occurrence for the
15 purposes of this definition;
"designated work group" means --
(a) a group of members of the workforce at a facility
that is established as a designated work group
under clause 18 or 19; or
20 (b) that group as varied in accordance with clause 20
or 21;
"employee", in relation to an employer, means an employee
of that employer;
"employer" means an employer who carries on an activity
25 at a facility;
"facility" means a facility as defined by clause 4, and --
(a) includes a facility (as defined by clause 4) that is
being constructed or installed; and
(b) except in the definition of "associated offshore
30 place", includes an associated offshore place in
relation to a facility (as defined by clause 4);
"group member", in relation to a designated work group at
a facility, means a person who is --
(a) a member of the workforce at that facility; and
35 (b) included in that designated work group;
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s. 47
"improvement notice" means an improvement notice
issued under clause 61(1);
"inspection" means an inspection conducted under
Division 4 and includes an investigation or inquiry;
5 "member of the workforce", in relation to a facility, means
a natural person who does work at the facility,
whether --
(a) as an employee of the operator of the facility or
of another person; or
10 (b) as a contractor of the operator or of another
person;
"operator", in relation to a facility or proposed facility,
means the person who, under the regulations, is taken
to be the operator of that facility or proposed facility;
15 "operator's representative" means a person present at a
facility in compliance with the obligations imposed on
the operator by clause 5;
"own" includes own jointly and own in part;
"plant" includes any machinery, equipment or tool, or any
20 component;
"premises" includes the following --
(a) a structure or building;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or
25 (b);
"prohibition notice" means a prohibition notice issued
under clause 59(1);
"proposed facility" means a facility proposed to be
constructed, installed or operated;
30 "recovery", in relation to petroleum, includes all processes
directly or indirectly associated with its recovery;
"registered organisation" means an organisation --
(a) within the meaning of the Workplace Relations
Act 1996 of the Commonwealth; or
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Petroleum (Submerged Lands) Act 1982 Part 4
s. 47
(b) as defined in section 7(1) of the Industrial
Relations Act 1979;
"regulated business premises" means --
(a) a facility; or
5 (b) premises that are --
(i) occupied by a person who is the operator of
a facility; and
(ii) used, or proposed to be used, wholly or
principally in connection with an offshore
10 petroleum operation;
"regulations" means regulations made for the purposes of
this Schedule;
"work" means work offshore that is directly or indirectly
related to the construction, installation, operation,
15 maintenance or decommissioning of a facility;
"workforce representative" means --
(a) in relation to a person who is a member of the
workforce at a facility -- a registered
organisation of which that person is a member, if
20 the person is qualified to be a member of that
organisation because of the work the person
performs at the facility; or
(b) in relation to a designated work group or a
proposed designated work group -- a registered
25 organisation of which a person who is, or who is
likely to be, in the work group is a member, if
the person is qualified to be a member of that
organisation because of the work the person
performs, or will perform, at a facility as a
30 member of the group;
"work group employer", in relation to a designated work
group at a facility, means an employer of one or more
group members, but does not include the operator of
the facility;
35 "workplace", in relation to a facility, means the whole
facility or any part of the facility.
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4. Facilities
(1) A vessel or structure is taken to be a facility for the purposes
of this Schedule while that vessel or structure --
(a) is located at a site in the adjacent area; and
5 (b) is being used, or prepared for use, at that site --
(i) for the recovery of petroleum, for the
processing of petroleum, or for the storage
and offloading of petroleum, or for any
combination of those activities;
10 (ii) for the provision of accommodation for
persons working on another facility,
whether connected by a walkway to that
other facility or not;
(iii) for drilling or servicing a well for petroleum
15 or doing work associated with the drilling
or servicing process;
(iv) for laying pipes for petroleum, including
any manufacturing of such pipes, or for
doing work on an existing pipe;
20 (v) for the erection, dismantling or
decommissioning of a vessel or structure
referred to in subparagraph (i), (ii), (iii) or
(iv); or
(vi) for any other purpose related to an offshore
25 petroleum operation that is prescribed for
the purposes of this subparagraph.
(2) Subclause (1) applies to a vessel or structure --
(a) whether it is floating or fixed; and
(b) whether or not it is capable of independent
30 navigation.
(3) Subclause (1) has effect subject to subclauses (6) and (7).
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(4) A vessel or structure used for a purpose referred to in
subclause (1)(b)(i) includes --
(a) any wells and associated plant and equipment by
means of which petroleum processed or stored at
5 the vessel or structure is recovered;
(b) any pipe or system of pipes through which
petroleum is conveyed from a well to the vessel or
structure; and
(c) any secondary line associated with the vessel or
10 structure.
(5) For the purposes of subclause (1), a vessel or structure that
is located offshore for the purpose of laying pipes as
described in subclause (1)(b)(iv) is taken to be located at a
site, despite the fact that the vessel or structure moves as the
15 pipe laying process proceeds.
(6) Despite subclause (1), a vessel or structure is taken not to be
a facility for the purposes of this Schedule if the vessel or
structure is --
(a) an offtake tanker;
20 (b) a tug or an anchor handler;
(c) a vessel or structure used for supplying a facility or
otherwise travelling between a facility and the
shore; or
(d) a vessel or structure used for any purpose such that
25 it is declared by the regulations not to be a facility.
(7) In determining when a vessel or structure that has the
potential to be used for one or more of the purposes referred
to in subclause (1)(b) is in fact being so used, the vessel or
structure is taken --
30 (a) to commence to be so used only at the time when it
arrives at the site where it is to be so used and any
activities necessary to make it operational at that
site are begun; and
(b) to cease to be so used when operations cease, and
35 the vessel or structure has been returned either to a
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navigable form or to a form in which it can be
towed to another place.
(8) Each of the following is taken to be a facility for the
purposes of this Schedule --
5 (a) a pipeline subject to a pipeline licence;
(b) if a pipeline subject to a pipeline licence conveys
petroleum recovered from a well without the
petroleum having passed through another facility --
that pipeline, together with --
10 (i) that well and associated plant and
equipment; and
(ii) any pipe or system of pipes through which
petroleum is conveyed from that well to that
pipeline.
15 (9) In subclause (8)(b) --
"facility" does not include a pipeline.
5. Operator must ensure presence of operator's
representative
(1) The operator of a facility must ensure that, at all times when
20 one or more natural persons are present at a facility, there is
also present a natural person (the "operator's
representative") who has day to day management and
control of operations at the facility.
Penalty: $5 500.
25 (2) The operator of a facility must ensure that the name of the
operator's representative at the facility is displayed in a
prominent place at the facility.
Penalty: $5 500.
(3) Subclause (1) does not imply that, if the operator is a natural
30 person, the operator's representative at the facility may not
be, from time to time, the operator.
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6. Safety and health of persons using an accommodation
amenity
For the avoidance of doubt, a reference in this Schedule to
the occupational safety and health of a person includes a
5 reference to the safety and health of a person using an
accommodation amenity provided for the accommodation of
persons working on another facility.
7. Contractor
For the purposes of this Schedule, a natural person is taken
10 to be a "contractor" of another person (the "relevant
person") if the natural person does work at a facility under
a contract for services between --
(a) the relevant person; and
(b) either --
15 (i) the natural person; or
(ii) the employer of the natural person.
Division 2 -- Occupational safety and health
Subdivision 1 -- Duties relating to occupational safety and health
8. Duties of operator
20 (1) The operator of a facility must take all reasonably
practicable steps to ensure that --
(a) the facility is safe and without risk to the health of
any person at or near the facility; and
(b) all work and other activities carried out on the
25 facility are carried out in a manner that is safe and
without risk to the health of any person at or near
the facility.
Penalty: $110 000.
(2) Without limiting the generality of subclause (1), the
30 operator of a facility must --
(a) provide and maintain a physical environment at the
facility that is safe and without risk to health;
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(b) provide and maintain adequate amenities for the
safety and health of all members of the workforce at
the facility;
(c) ensure that any plant, equipment, materials and
5 substances at the facility are safe and without risk to
health;
(d) implement and maintain systems of work at the
facility that are safe and without risk to health;
(e) implement and maintain appropriate procedures and
10 equipment for the control of, and response to,
emergencies at the facility;
(f) provide all members of the workforce, in
appropriate languages, with the information,
instruction, training and supervision necessary for
15 them to carry out their activities in a manner that
does not adversely affect the occupational safety
and health of persons at the facility;
(g) monitor the occupational safety and health of all
members of the workforce and keep records of that
20 monitoring;
(h) provide appropriate medical and first aid services at
the facility; and
(i) develop, in consultation with members of the
workforce and workforce representatives, a policy
25 relating to occupational safety and health that --
(i) will enable the operator and the members of
the workforce to cooperate effectively in
promoting and developing measures to
ensure the occupational safety and health of
30 persons at the facility;
(ii) will provide adequate mechanisms for
reviewing the effectiveness of the measures;
and
(iii) provides for the making of an agreement
35 that complies with subclauses (4) and (5).
Penalty: $110 000.
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(3) Subclause (2)(i) does not require the operator of a facility to
engage in consultations with a workforce representative
unless a member of the workforce at the facility has
requested the workforce representative to be involved in
5 those consultations.
(4) The agreement referred to in subclause (2)(i)(iii) must be
between --
(a) on the one hand -- the operator; and
(b) on the other hand --
10 (i) the members of the workforce; and
(ii) if a member of the workforce at the facility
has requested a workforce representative in
relation to the member to be a party to that
agreement -- that workforce representative.
15 (5) The agreement referred to in subclause (2)(i)(iii) must
provide appropriate mechanisms for continuing consultation
between --
(a) on the one hand -- the operator; and
(b) on the other hand --
20 (i) the members of the workforce; and
(ii) if a member of the workforce at the facility
has requested a workforce representative in
relation to the member to be involved in
consultations on a particular occasion --
25 that workforce representative.
(6) The agreement may provide for any other matters agreed
between the parties to it.
9. Duties of persons in control of parts of facility or
particular work
30 (1) A person who is in control of any part of a facility, or of any
particular work carried out at a facility, must take all
reasonably practicable steps to ensure that --
(a) that part of the facility, or the place where that work
is carried out, is safe and without risk to health; and
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(b) if the person is in control of particular work -- the
work is carried out in a manner that is safe and
without risk to health.
Penalty: $110 000.
5 (2) Without limiting the generality of subclause (1), a person
who is in control of any part of a facility, or of any
particular work carried out at a facility, must --
(a) ensure that the physical environment at that part of
the facility, or at the place where the work is carried
10 out, is safe and without risk to health;
(b) ensure that any plant, equipment, materials and
substances at or near that part of the facility or that
place, or used in that work, are safe and without risk
to health;
15 (c) implement and maintain systems of work at that
part of the facility, or in carrying out work at that
place, that are safe and without risk to health;
(d) ensure a means of access to, and egress from, that
part of the facility or that place that is safe and
20 without risk to health; and
(e) provide all members of the workforce located at that
part of the facility or engaged on that work, in
appropriate languages, with the information,
instruction, training and supervision necessary for
25 them to carry out their work in a manner that is safe
and without risk to health.
Penalty: $110 000.
10. Duties of employers
(1) An employer must take all reasonably practicable steps to
30 protect the safety and health of employees at a facility.
Penalty: $110 000.
(2) Without limiting the generality of subclause (1), an
employer must --
(a) provide and maintain a working environment that is
35 safe for employees and without risk to their health;
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(b) ensure that any plant, equipment, materials and
substances used in connection with the employees'
work are safe and without risk to health;
(c) implement and maintain systems of work that are
5 safe and without risk to health;
(d) provide a means of access to, and egress from, the
employees' work location that is safe and without
risk to health; and
(e) provide the employees, in appropriate languages,
10 with the information, instruction, training and
supervision necessary for them to carry out their
work in a manner that is safe and without risk to
health.
Penalty: $110 000.
15 (3) A person has, in respect of a contractor of that person, the
same obligations that an employer has under subclauses (1)
and (2) in respect of an employee of that employer, but only
in relation to --
(a) matters over which the first-mentioned person has
20 control; or
(b) matters over which --
(i) the first-mentioned person would have had
control apart from express provision to the
contrary in a contract; and
25 (ii) the first-mentioned person would, in the
circumstances, usually be expected to have
had control.
(4) An employer must take all reasonable steps to --
(a) monitor the safety and health of employees; and
30 (b) keep records of that monitoring.
Penalty: $110 000.
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11. Duties of manufacturers in relation to plant and
substances
(1) A manufacturer of any plant that the manufacturer knows or
ought reasonably to expect will be used by members of the
5 workforce at a facility must take all reasonably practicable
steps --
(a) to ensure that the plant is so designed and
constructed as to be, when properly used, safe and
without risk to health;
10 (b) to carry out, or cause to be carried out, the research,
testing and examination necessary in order to
discover, and to eliminate or minimise, any risk to
safety or health that may arise from the use of the
plant; and
15 (c) to make available, in connection with the use of the
plant at a facility, adequate written information
about --
(i) the use for which it is designed and has
been tested;
20 (ii) details of its design and construction; and
(iii) any conditions necessary to ensure that,
when put to the use for which it was
designed and tested, it will be safe and
without risk to health.
25 Penalty: $22 000.
(2) A manufacturer of any substance that the manufacturer
knows or ought reasonably to expect will be used by
members of the workforce at a facility must take all
reasonably practicable steps --
30 (a) to ensure that the substance is so manufactured as to
be, when properly used, safe and without risk to
health;
(b) to carry out, or cause to be carried out, the research,
testing and examination necessary to discover, and
35 to eliminate or minimise, any risk to safety or health
that may arise from the use of the substance; and
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(c) to make available, in connection with the use of the
substance at a facility, adequate written information
concerning --
(i) the use for which it is manufactured and has
5 been tested;
(ii) details of its composition;
(iii) any conditions necessary to ensure that,
when put to the use for which it was
manufactured and tested, it will be safe and
10 without risk to health; and
(iv) the first aid and medical procedures that
should be followed if the substance causes
injury.
Penalty: $22 000.
15 (3) If --
(a) plant or a substance is imported into Australia by a
person who is not its manufacturer; and
(b) at the time of the importation, the manufacturer of
the plant or substance does not have a place of
20 business in Australia,
the first-mentioned person is taken, for the purposes of this
clause, to be the manufacturer of the plant or substance.
(4) This clause does not affect the operation of any other law of
this State that imposes an obligation on a manufacturer in
25 respect of defective goods or in respect of information to be
supplied in relation to goods.
12. Duties of suppliers of facilities, plant and substances
(1) A supplier of a facility, or of any plant or substance that the
supplier ought reasonably to expect will be used by
30 members of the workforce at a facility, must take all
reasonably practicable steps --
(a) to ensure that, at the time of supply, the facility, or
the plant or substance, is in such condition as to be,
when properly used, safe and without risk to health;
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(b) to carry out, or cause to be carried out, the research,
testing and examination necessary to discover, and
to eliminate or minimise, any risk to safety or health
that may arise from the condition of the facility,
5 plant or substance; and
(c) to make available --
(i) in the case of a facility -- to the operator of
a facility; and
(ii) in the case of plant or substance -- to the
10 person to whom the plant or substance is
supplied,
adequate written information, in connection with
the use of the facility, plant or substance (as the
case requires) about --
15 (iii) the condition of the facility, plant or
substance at the time of supply;
(iv) any risk to the safety and health of members
of the workforce at the facility to which the
condition of the facility, plant or substance
20 may give rise unless it is properly used;
(v) the steps that need to be taken in order to
eliminate that risk; and
(vi) in the case of a substance -- the first aid
and medical procedures that should be
25 followed if the condition of the substance
causes injury to a member of the workforce
at the facility.
Penalty: $22 000.
(2) For the purposes of subclause (1), if a person
30 (the "ostensible supplier") supplies to a person either a
facility, or any plant or substance that is to be used by
members of the workforce at a facility, and the ostensible
supplier --
(a) carries on the business of financing the acquisition
35 or the use of goods by other persons;
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(b) has, in the course of that business, acquired an
interest in the facility, or in the plant or substance,
from another person (the "actual supplier"), solely
for the purpose of financing its acquisition by, or its
5 provision to, the person to whom it is finally
supplied; and
(c) has not taken possession of the facility, plant or
substance, or has taken possession of the facility,
plant or substance solely for the purpose of passing
10 possession of the facility, plant or substance to the
person to whom it is finally supplied,
a reference in subclause (1) to a supplier is, in relation to the
facility, plant or substance referred to in this subclause, to be
read as a reference to the actual supplier and not as a
15 reference to the ostensible supplier.
(3) This clause does not affect the operation of any other law of
this State that imposes an obligation in respect of the sale or
supply of goods or in respect of the information to be
supplied in relation to goods.
20 13. Duties of persons erecting facilities or installing plant
(1) A person who erects or installs a facility, or erects or installs
any plant at a facility, must take all reasonably practicable
steps to ensure that the facility or plant is not erected or
installed in such a way that it is unsafe or constitutes a risk
25 to health.
Penalty: $22 000.
(2) This clause does not affect the operation of any other law of
this State that imposes an obligation in respect of the
erection or installation of structures or goods or the supply
30 of services.
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14. Duties of persons in relation to occupational safety and
health
(1) A person at a facility must, at all times, take all reasonably
practicable steps --
5 (a) to ensure that the person does not take any action,
or make any omission, that creates a risk, or
increases an existing risk, to the occupational safety
and health of that person or of any other person at
or near the facility;
10 (b) in respect of any obligation imposed on the operator
or on any other person under a listed OSH law -- to
cooperate with the operator or that other person to
the extent necessary to enable the operator or that
other person to fulfil that obligation; and
15 (c) to use equipment that is --
(i) supplied to the person by the operator, an
employer of the person or any other person
having control of work at a facility
(the "equipment supplier"); and
20 (ii) necessary to protect the occupational safety
and health of the person, or of any other
person at or near the facility,
in accordance with any instructions given by the