Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 183

  (1)   A person conducting a business or undertaking at a workplace where high risk diving work is carried out must ensure that the following are in accordance with AS/NZS 2299.1:2007 (Occupational diving operations--Standard operational practice):

  (a)   the fitness of persons carrying out the work;

  (b)   the competence of persons carrying out the work;

Note:   See section   44 of the Act.

  (c)   the carrying out of the work.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   The Regulator may approve a standard for the carrying out of high risk diving work by a member of the Defence Force.

  (3)   If a standard approved by the Regulator is in force:

  (a)   subregulation   (1) does not apply; and

  (b)   a person conducting a business or undertaking at a workplace where high risk diving work is carried out by a member of the Defence Force must ensure that the following are in accordance with that standard:

  (i)   the fitness of persons carrying out the work;

  (ii)   the competence of persons carrying out the work;

Note:   See section   44 of the Act.

  (iii)   the carrying out of the work.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.