Commonwealth Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1--Short title and commencement

   1.      Short title  
   2.      Commencement  

           Division 2--Objects and definitions

   3.      Objects  
   4.      Interpretation  
   4A.     Declarations that a ship is or is not a prescribed ship  
   4B.     Declarations that a vessel or structure is or is not a prescribed unit  

           Division 3--Miscellaneous preliminary provisions

   5.      Extent of Act  
   6.      Application of Act  
   7.      This Act not to affect the Navigation Act 2012  
   8.      Application of Act to prescribed ships or prescribed units controlled by contractors  
   8A.     Application of Criminal Code  

           Division 4--Additional functions conferred on Seafarers Safety, Rehabilitation and Compensation Authority and Ministerial directions

   9.      Functions conferred on the Authority  
   10.     Directions by Minister  

   PART 2--OCCUPATIONAL--HEALTH AND SAFETY

           Division 1--General duties relating to occupational health and safety

   11.     Duties of operators in relation to their employees  
   12.     Consultative processes for developing health and safety policy  
   13.     Duties of operators in relation to contractors  
   14.     Duties of operators in relation to third parties  
   15.     Duties of manufacturers in relation to plant  
   16.     Duties of manufacturers in relation to substances  
   17.     Importers of plant and substances  
   18.     Sections 15, 16 and 17 not to affect the operation of the Competition and Consumer Act 2010 or certain other laws  
   19.     Duties of suppliers in relation to plant and substances  
   20.     Financiers not to be treated as suppliers  
   21.     Neither section 19 nor 20 affect the operation of the Competition and Consumer Act 2010 or certain other laws  
   22.     Duties of persons erecting or installing plant in a workplace  
   23.     Duties of persons repairing or maintaining plant in a workplace  
   24.     Duties of persons constructing, modifying or repairing a structure on a prescribed ship or prescribed unit  
   25.     Duties of persons engaged in loading or unloading a prescribed ship or prescribed unit  
   26.     Sections 22, 23, 24 and 25 not to affect the operation of the Competition and Consumer Act 2010 or certain other laws  
   27.     Duties of employees in relation to occupational health and safety  
   28.     Reliance on information supplied--plant and substances  
   29.     Reliance on information supplied--erection or installation of plant  
   30.     Reliance on information supplied--repair or maintenance of plant  
   31.     Reliance on information supplied--construction, modification or repair of structure  
   32.     Reliance on results of research  

           Division 2--Specific duties relating to occupational health and safety

   33.     Regulations relating to occupational health and safety  

   PART 3--WORKPLACE--ARRANGEMENTS

           Division 1--Designated work groups

   34.     Request to establish or vary designated work groups  
   35.     Operator to enter into consultations to establish or vary designated work groups  
   36.     Variation of designated work groups  
   37.     Reference of disagreement to reviewing authority  
   38.     Operator to establish designated work groups in accordance with consultations  
   39.     Operator to vary designated work groups in accordance with consultations  
   40.     Consultation procedures  

           Division 2--Health and safety representatives

   41.     Selection of health and safety representatives  
   42.     Conduct of elections of health and safety representatives  
   43.     Candidates for election as health and safety representatives  
   44.     Right to vote in health and safety representative election  
   45.     Person in command to maintain list of health and safety representatives  
   46.     Term of office  
   47.     Training of health and safety representatives  
   48.     Powers of health and safety representatives in respect of a workplace  
   49.     Power of health and safety representatives to investigate complaints  
   50.     Power of health and safety representatives to be present at certain interviews  
   51.     Power of health and safety representatives to obtain access to information  
   52.     Power of health and safety representatives to issue provisional improvement notices  
   53.     Powers of health and safety representatives to be exercised for the purposes of promoting or ensuring health and safety  
   54.     Consultant to health and safety representative  
   55.     Access to confidential information  
   56.     Liability of health and safety representative  

           Division 3--Provisional improvement notices

   57.     Consultations in relation to rectifying contraventions or preventing contraventions of this Act  
   58.     Issuing of provisional improvement notice  
   59.     Effect of provisional improvement notice  
   60.     Employees to be notified of issuing of provisional improvement notice  
   61.     Person in command's obligations  
   62.     Operation of section 98 for the purposes of section 100  
   63.     Duty of operators to consult with health and safety representatives on implementation of changes at workplace  
   64.     Duties of operators to allow health and safety representatives access to a workplace and to consult with representatives on workplace health and safety measures  
   65.     Duty of operators to allow health and safety representatives to be present at certain interviews  
   66.     Duty of operators to provide health and safety representatives access to certain information  
   67.     Duty of operators to allow health and safety representatives to take time off  
   68.     Duty of operators to provide health and safety representatives access to certain facilities  
   69.     Access to confidential medical information  
   70.     Access to information in relation to which an operator claims legal professional privilege  
   71.     Resignation etc. of health and safety representatives  
   72.     Disqualification of health and safety representatives  

           Division 4--Health and safety committees

   73.     Health and safety committees  
   74.     Functions of health and safety committees  
   75.     Powers of health and safety committees  
   76.     Liability of health and safety committee members  
   77.     Duties of operators in relation to health and safety committees  
   78.     Access to confidential medical information  
   79.     Access to information in relation to which an operator claims legal professional privilege  

           Division 5--Emergency procedures

   80.     Action by health and safety representatives  
   81.     Directions to perform other work  

   PART 4--ADVICE--AND INVESTIGATIONS

           Division 1--The Inspectorate

   82.     Functions of the Inspectorate  

           Division 2--Advice

   83.     Inspectorate may refer persons seeking advice to experts  

           Division 3--Investigations

   84.     Appointment of inspectors  
   85.     Identification cards  
   86.     Directions by Inspectorate  
   87.     Investigations  
   88.     Investigation report  
   89.     Power of entry etc.  
   90.     Power to require assistance and information  
   91.     Power to take possession of plant, take samples of substances etc.  
   92.     Power to direct that workplace etc. not be disturbed  
   93.     Power to issue prohibition notices  
   94.     Inspector to inform person in command if action by operator is inadequate  
   95.     When prohibition notice stops having effect  
   96.     Person in command to distribute copies of prohibition notice  
   97.     Inspector to give copy of prohibition notice to owner of a workplace, plant, substance or thing  
   98.     Power to issue improvement notices  
   99.     Distribution of copies of improvement notices  
   100.    Appeals  
   101.    Implementation of decision under appeal  
   102.    Powers of reviewing authority  
   103.    Duty of inspector in relation to a decision under section 91 to take possession of plant, a substance or a thing that is not affirmed  
   104.    Liability of inspectors  
   105.    Notices not to be tampered with or removed  
   106.    Arrangements with States or Territories for services of State or Territory officers  

   PART 5--MISCELLANEOUS

   107.    Notifying and reporting accidents and dangerous occurrences  
   108.    Records of accidents and dangerous occurrences to be kept  
   109.    Codes of practice  
   110.    Use of codes of practice in proceedings  
   111.    Interference etc. with equipment etc.  
   112.    Recrediting of recreation leave  
   113.    Operator not to levy employees etc.  
   114.    Annual occupational health and safety report  
   115.    Operator not to dismiss etc. employees on certain grounds  
   116.    Beginning prosecutions  
   117.    Conduct of servants and agents  
   118.    Act not to give rise to other liabilities etc.  
   119.    Circumstances preventing compliance with Act may be defence to prosecution  
   120.    Regulations--general  
   121.    Regulations--power to make