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SAFETY IN RECREATIONAL WATER ACTIVITIES ACT 2011 NO. 19
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
3. Object
4. Application of this Act in circumstances to which Work Health and Safety Act 2011 applies
5. Compliance with this Act is no defence for Work Health and Safety Act 2011
6. Definitions
7. Meaning of recreational water activity
8. Meaning of provision of recreational water activity
9. Act binds all persons
Part 2--Health and safety duties
Division 1--Introductory
10. Principles that apply to a duty
11. Duty not transferable
12. Person may have more than 1 duty
13. More than 1 person can have a duty
14. Management of risks
15. What is reasonably practicable in ensuring health and safety
Division 2--Duties
16. Primary duty of care
17. Duty of officers
18. Duties of workers
19. Duties of other persons at a place where recreational water activities are provided
Division 3--Offences and penalties
20. Health and safety duty for recreational water activities
21. Reckless conduct—category 1
22. Failure to comply with health and safety duty for recreational water activities—category 2
23. Failure to comply with health and safety duty for recreational water activities—category 3
24. Duty prevails over particular excuses
25. Exceptions
Part 3--Incident notification
26. What is a notifiable incident
27. What is a serious injury or illness
28. What is a dangerous incident
29. Duty to notify of notifiable incidents
30. Duty to preserve incident sites
Part 4--Enforcement
31. General provision for applied WHS provision
32. The regulator
33. Inspectors and enforcement measures
34. Enforceable undertakings
35. Review of decisions
36. Legal proceedings
37. Civil liability not affected by this Act
Part 5--General
Division 1--General provisions
38. Offence to give false or misleading information
39. Act does not affect legal professional privilege
40. Immunity from liability
41. Confidentiality of information
42. No contracting out
Division 2--Codes of practice
43. Approved codes of practice
44. Use of codes of practice in proceedings
Division 3--Regulation-making powers
45. Regulation-making powers
Part 6--Transitional provisions
46. Definition
47. Relationship with particular provisions of Work Health and Safety Act 2011
48. Enforceable undertaking preserved
49. Action by an inspector preserved
50. Improvement notice preserved
51. Prohibition notice preserved
52. Reviews and appeals
53. Relationship with transitional provisions under the Work Health and Safety Act 2011
Part 7--Amendment of other legislation
Division 1--Penalties and Sentences Act 1992
54. Act amended
55. Amendment of s 5 (Meaning of penalty unit)
Division 2--Work Health and Safety Act 2011
56. Act amended
57. Amendment of schedule 1, part 2 (Relationship with other Acts)
SCHEDULE 1 -- REGULATION-MAKING POWERS
SCHEDULE 2 -- DICTIONARY
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