Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 10, 1994
Compilation No. 22
Compilation date: 27 May 2015
Includes amendments up to: Act No. 51, 2015
Registered: 1 June 2015
About this compilation
This compilation
This is a compilation of the Occupational Health and Safety (Maritime Industry) Act 1993 that shows the text of the law as amended and in force on 27 May 2015 (the compilation date).
This compilation was prepared on 29 May 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.
A = Act | orig = original |
ad = added or inserted | par = paragraph(s)/subparagraph(s) |
am = amended | /sub-subparagraph(s) |
amdt = amendment | pres = present |
c = clause(s) | prev = previous |
C[x] = Compilation No. x | (prev ... ) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislative Instruments | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LI = Legislative Instrument | Sdiv = Subdivision(s) |
SLI = Select Legislative Instrument | |
(md) = misdescribed amendment | SR = Statutory Rules |
mod = modified/modification | Sub-Ch = Sub-Chapter(s) |
No. = Number(s) | SubPt = Subpart(s) |
o = order(s) | underlining = whole or part not |
Ord = Ordinance | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
10, 1994 | 18 Jan 1994 | s 3-8 and 11-120: 18 July 1994 (s 2(3)) |
| |
64, 1994 | 30 May 1994 | Sch 1: 18 July 1994 | -- | |
Workplace Relations and Other Legislation Amendment Act 1996 | 60, 1996 | 25 Nov 1996 | Sch 19 (item 36): 25 Nov 1996 (s 2(1)) | -- |
as amended by |
|
|
|
|
Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 | 77, 1996 | 19 Dec 1996 | Sch 3 (items 1, 2): 25 Nov 1996 (s 2(4)) | -- |
10, 1997 | 8 Mar 1997 | Sch 2 (items 1-8): 8 Mar 1997 (s 2(1)) | -- | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (item 702): 5 Dec 1999 (s 2(1), (2)) | -- |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | Sch 2 (items 301, 418, 419): 24 May 2001 | Sch 2 (items 418, 419) |
Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001 | 142, 2001 | 1 Oct 2001 | ||
135, 2005 | 15 Nov 2005 | Sch 2 (items 9-11): 1 Jan 2006 (s 2(1) item 2) | Sch 2 (item 10) | |
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006 | 17, 2006 | 29 Mar 2006 | Sch 2 (item 54): 1 July 2008 (s 2(1) item 2) | -- |
Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 | 117, 2008 | 21 Nov 2008 | Sch 3 (item 23): 22 Nov 2008 (s 2(1) item 4) | -- |
Safe Work Australia (Consequential and Transitional Provisions) Act 2008 | 157, 2008 | 18 Dec 2008 | Sch 2 (items 3, 4): 1 Nov 2009 (s 2(1) item 2) | Sch 2 (item 4) |
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 | 54, 2009 | 25 June 2009 | Sch 8 (item 103): 1 July 2009 (s 2(1) item 24) | -- |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Sch 6 (items 1, 78-80): 1 Jan 2011 (s 2(1) items 3, 5) | -- |
Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011 | 181, 2011 | 6 Dec 2011 | Sch 1: 7 Dec 2011 (s 2) | -- |
56, 2012 | 21 June 2012 | Sch 1 (items 7-14): 1 July 2012 (s 2(1) item 2) | -- | |
129, 2012 | 13 Sept 2012 | Sch 2 (items 34-42): 1 July 2013 (s 2(1) | -- | |
174, 2012 | 4 Dec 2012 | Sch 9 (item 1290): 1 Jan 2013 (s 2(1) item 5) | -- | |
Seafarers Rehabilitation and Compensation and Other Legislation Amendment Act 2015 | 51, 2015 | 26 May 2015 | Sch 1 (items 8, 9): 18 July 1994 (s 2(1) item 3) | Sch 1 (item 9) and Sch 1A (item 5) |
Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
165, 2009 | 30 June 2009 (F2009L02568) | Sch 1 (item 23): 1 July 2009 (r 2) | -- |
as amended by |
|
|
|
337, 2009 | 27 Nov 2009 (F2009L04339) | Sch 1 (item 5): 28 Nov 2009 (r 2(a)) | -- |
Provision affected | How affected |
Part 1 |
|
Division 2 |
|
s 4..................... | am No 60, 1996; No 10, 1997; No 17, 2006; No 117, 2008; No 54, 2009; SLI No 165, 2009 (as am by SLI No 337, 2009); No 56, 2012; No 129, 2012; No 174, 2012 |
s 4A.................... | ad No 129, 2012 |
s 4B.................... | ad No 129, 2012 |
Division 3 |
|
s 6..................... | am No 10, 1997; No 56, 2012; No 129, 2012; No 51, 2015 |
s 7..................... | am No 129, 2012 |
s 8A.................... | ad No 142, 2001 |
Part 2 |
|
Division 1 |
|
s 13.................... | am No 142, 2001 |
s 18.................... | am No 103, 2010 |
s 21.................... | am No 103, 2010 |
s 26.................... | am No 103, 2010 |
Part 4 |
|
Division 3 |
|
s 85.................... | am No 142, 2001 |
s 90.................... | am No 137, 2000; No 142, 2001 |
s 100................... | am No 10, 1997 |
s 105................... | am No 142, 2001 |
s 106................... | am No 146, 1999 |
Part 5 |
|
s 109................... | am No 10, 1997; No 135, 2005; No 157, 2008; No 181, 2011 |
s 111................... | am No 142, 2001 |
s 115................... | am No 142, 2001 |
s 117................... | am No 142, 2001 |
s 121................... | ad No 64, 1994 |
| am No 10, 1997 |