PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992
PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - LONG TITLE
An Act to amend the Petroleum (Submerged Lands) Act 1967 to promote the occupational health and safety of persons employed in the designated areas, and for related purposes PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 1 Short title etc.
(Assented to 24 December 1992) 1.(1) This Act may be cited as the Petroleum (Submerged Lands) Amendment Act 1992. (2) In this Act, "Principal Act" means the Petroleum (Submerged Lands) Act 1967.*1*
(Minister's second reading speech made in- Senate on 11 November 1992 House of Representatives on 17 December 1992) *1* No. 118, 1967, as amended. For previous amendments, see No. 1, 1968; Nos. 36 and 216, 1973; No. 57, 1974; No. 37, 1976; No. 80, 1980 (as amended by Nos. 79 and 176, 1981); No. 79, 1981; No. 80, 1982; Nos. 22 and 166, 1984; Nos. 80 and 132, 1985; Nos. 106 and 145, 1987; No. 127, 1988; Nos. 15 and 37, 1990; No. 75, 1991; and Nos. 17 and 104, 1992. PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 2 Commencement
2.(1) Subject to subsection (2), the provisions of this Act commence on a day or days to be fixed by Proclamation. (2) If a provision of this Act does not commence under subsection (1) within a period of 6 months beginning on the day on which this Act receives the Royal Assent, the provision commences on the day following the end of that period. PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 3
3. After section 5A of the Principal Act the following section is inserted:
Definitions relating to occupational health and safety "5AA. Expressions in Schedule 7 have the meanings defined in Part 1 of that Schedule.". PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 4 Work practices
4. Section 97 of the Principal Act is amended: (a) by omitting from subsection (1) "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"; (b) by omitting from subsection (3) "and shall secure the safety, health and welfare of persons engaged in operations in connexion with the pipeline"; (c) by omitting from subsection (5) "and shall secure the safety, health and welfare of persons engaged in those operations in or about that area". PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 5
5. After Division 6A of Part III of the Principal Act the following Division is inserted: "Division 6B - Occupational Health and Safety Application of occupational health and safety laws "140H.(1) Subject to subsection (2), Schedule 7 applies in relation to each adjacent area. "(2) Schedule 7 does not apply in relation to an adjacent area in respect of a State or the Northern Territory to the extent that the law of the State or Territory provides for matters relating to the occupational health and safety of persons employed in the area.
"(3) Subsection (2) has effect in relation to the adjacent area in respect of the Territory of Ashmore and Cartier Islands as if that area formed part of the adjacent area in respect of the Northern Territory.". PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SECT 6 Schedule - occupational health and safety
6. The Principal Act is amended by adding at the end the Schedule set out in the Schedule to this Act. PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1992 No. 217, 1992 - SCHEDULE
SCHEDULE Section 6 NEW SCHEDULE 7 TO BE ADDED TO PRINCIPAL ACT SCHEDULE 7 Section 140H TABLE OF PROVISIONS OCCUPATIONAL HEALTH AND SAFETY PART 1 - PRELIMINARY Clause 1. Objects 2. Definitions 3. Functions conferred on Designated Authority PART 2 - OCCUPATIONAL HEALTH AND SAFETY Division 1 - General duties relating to occupational health and safety 4. Duties of employers in relation to their employees etc. 5. Duties of employers in relation to third parties 6. Duties of manufacturers in relation to plant and substances 7. Duties of suppliers in relation to plant and substances 8. Duties of persons erecting or installing plant in a
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workplace 9. Duties of employees in relation to occupational health and safety 10. Reliance on information supplied or results of research Division 2 - Specific duties relating to occupational health and safety 11. Regulations relating to occupational health and safety PART 3 - WORKPLACE ARRANGEMENTS Division 1 - Health and safety representatives 12. Designated work groups 13. Health and safety representatives 14. Term of office 15. Training of health and safety representatives 16. Powers of health and safety representatives 17. Provisional improvement notices 18. Effect of provisional improvement notice 19. Duties of employers in relation to health and safety representatives 20. Resignation etc. of health and safety representatives 21. Disqualification of health and safety representatives 22. Deputy health and safety representatives Division 2 - Health and safety committees 23. Health and safety committees 24. Functions of health and safety committees 25. Duties of employers in relation to health and safety committees Division 3 - Emergency procedures 26. Action by health and safety representatives 27. Directions to perform other work PART 4 - ADVICE AND INVESTIGATIONS Division 1 - Advice 28. Designated Authority may refer persons seeking advice to experts Division 2 - Investigations 29. Investigators 30. Investigations 31. Power of entry 32. Power to require assistance and information 33. Power to take possession of plant, take samples of substances etc. 34. Power to direct that workplace etc. not be disturbed 35. Power to issue prohibition notices 36. Power to issue improvement notices 37. Appeals 38. Liability of investigators 39. Notices not to be tampered with or removed Division 3 - Reports on investigations 40. Reports on investigations PART 5 - MISCELLANEOUS 41. Notifying and reporting accidents and dangerous occurrences 42. Records of accidents and dangerous occurrences to be kept 43. Codes of practice 44. Use of codes of practice in proceedings 45. Interference with equipment etc. 46. Employer not to levy employees etc. 47. Annual occupational health and safety report 48. Employer not to dismiss etc. employees on certain grounds 49. Institution of prosecutions 50. Conduct of directors, servants and agents 51. Act not to give rise to other liabilities etc. 52. Circumstances preventing compliance with Schedule may be defence to prosecution 53. Regulations - general OCCUPATIONAL HEALTH AND SAFETY PART 1 - PRELIMINARY Objects 1. The objects of this Schedule are, in relation to undertakings in the adjacent areas: (a) to secure the health, safety and welfare at work of employees; and (b) to protect persons from risks to health and safety arising out of the activities of employees; and (c) to ensure that expert advice is available on occupational health and safety matters affecting employers, employees and contractors; and (d) to promote an occupational environment for employees that is adapted to their needs relating to health and safety; and
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(e) to foster a co-operative consultative relationship between employers and employees on the health, safety and welfare of employees. Definitions 2. In this Schedule, unless the contrary intention appears: "accident" includes the contraction of a disease; "clause" means a clause of this Schedule; "contract" includes an arrangement or understanding; "contractor" means an individual who does work in connection with an undertaking under a contract between an employer and that person or any other person (whether an individual or not); "contravention", if the contravention is an offence against this Schedule or the regulations, includes an offence against: (a) section 6, 7 or 7A of the Crimes Act 1914; or (b) subsection 86(1) of that Act under paragraph (a) of that subsection; "dangerous occurrence" means an occurrence declared by the regulations to be a dangerous occurrence for the purposes of this definition; "designated work group" means a group of employees established as a designated work group under clause 12, or that group as varied in accordance with that clause, and, in relation to an employer, means such a group that consists entirely of employees of that employer; "employee", in relation to an employer, means an employee of that employer; "employer" means an employer who carries on an activity to which Part III of this Act applies; "improvement notice" means an improvement notice issued under subclause 36(1); "investigation" means an investigation conducted under Part 4 of this Schedule; "investigator" means a person appointed under clause 29 to be an investigator; "involved union" means: (a) in relation to an employee of a particular employer - a registered union of which the employee is a member, if the employee is qualified to be a member because of the work the employee performs for that employer; or (b) in relation to a designated work group - a registered union of which an employee in the group is a member, if the employee is qualified to be a member because of the work the employee performs as an employee in the group; "own" includes own jointly or own in part; "paragraph" means a paragraph of a provision of this Schedule; "Part" means a Part of this Schedule; "plant" includes any machinery, equipment or tool, or any component; "prohibition notice" means a prohibition notice issued under subclause 35(1); "registered union" means: (a) an organisation of employees within the meaning of the Industrial Relations Act 1988; or (b) an organisation of employees registered under a State Act that deals with industrial relations; or (c) a body that is declared by the regulations to be a registered union for the purposes of this Schedule; "regulations" means regulations made under section 157 for the purposes of this Schedule; "reviewing authority" means the Australian Industrial Relations Commission; "work" means work directly or indirectly connected with an activity to which Part III of this Act applies; "workplace" means anywhere a person works. Functions conferred on Designated Authority 3. The following additional functions are conferred on the Designated Authority: (a) to ensure, in accordance with this Schedule and the regulations, that the obligations imposed by or under this Schedule and the regulations are complied with; (b) to advise employers, employees or contractors, either on its own initiative or on request, on occupational health and safety matters; (c) to collect, interpret and report information relating to occupational health and safety; (d) to formulate policies and strategies relating to the occupational health and safety of employees; (e) to accredit occupational health and safety training courses for the purposes of clause 15; (f) to liaise with other bodies concerned with occupational
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health and safety. PART 2 - OCCUPATIONAL HEALTH AND SAFETY Division 1 - General duties relating to occupational health and safety Duties of employers in relation to their employees etc. 4.(1) An employer must take all reasonable steps to protect the health and safety at work of employees. Penalty: $100,000. (2) Without limiting the generality of subclause (1), an employer contravenes that subclause if the employer fails to take all reasonable steps: (a) to provide and maintain a working environment (including plant and systems of work) that: (i) is safe for employees and without risk to their health; and (ii) provides adequate facilities for their welfare at work; and (b) in relation to any workplace under the employer's control, to: (i) ensure the workplace is safe for employees and without risk to their health; and (ii) provide and maintain a means of access to, and egress from, the workplace that is safe for employees and without risk to their health; and (c) to ensure the safety at work of, and the absence of risks at work to the health of, employees in connection with the use, handling, storage or transport of plant or of substances; and (d) to develop, in consultation with any involved unions in relation to the employees, and with such other persons as the employer considers appropriate, a policy, relating to occupational health and safety, that will: (i) enable the employer and the employees to co-operate effectively in promoting and developing measures to ensure the employees' health, safety and welfare at work; and (ii) provide adequate mechanisms for reviewing the effectiveness of measures; and (e) to provide to employees, in appropriate languages, the information, instruction, training and supervision necessary to enable them to perform their work in a way that is safe and without risk to their health. (3) A policy relating to occupational health and safety