Enforceable provisions and authorised persons
(1) The provisions listed in the table in this section are enforceable under Part 6 of the Regulatory Powers Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
(2) The following table has effect.
Enforceable provisions and authorised persons | ||
Item | For the purposes of Part 6 of the Regulatory Powers Act, each of the following persons ... | is an authorised person in relation to the following provisions in this Act (to the extent indicated) ... |
1 | (a) subsection 317(1); (b) subsection 352(1); (c) subsection 378(1); (d) subsection 382(1); (e) subsection 385(1); (f) subsections 386(7), (11) and (16); (g) subsection 420(2); (h) subsection 451(8); (i) subsection 452(5); (j) subsections 575(4) and (6), in relation to a direction given by that Minister; (k) subsection 576(1), in relation to a direction given by that Minister; (l) subsection 581(4), in relation to a direction given by that Minister; (m) subsection 582(1), in relation to a direction given by that Minister; (n) subsection 587B(1), in relation to a direction given by that Minister; (o) subsection 592(5); (p) subsection 593(8); (q) subsection 595(6); (r) subsections 758(1) and (3); (s) subsections 759(4) and (4A); (t) section 764; (u) section 765. | |
2 | The Chief Executive Officer of NOPSEMA | (a) subsections 280(3) and (5); (b) subsections 286A(7) and (8A); (ba) subsections 452A(7) and (9); (c) subsection 460(3); (d) subsections 569(6) and (6B); (e) subsection 570(5); (f) subsections 572(4) and (5A); (g) subsections 575(4) and (6), in relation to a direction given by NOPSEMA; (h) subsection 576(1), in relation to a direction given by NOPSEMA; (i) subsection 576D(1); (ia) subsection 581(4), in relation to a direction given by NOPSEMA; (ib) subsection 582(1), in relation to a direction given by NOPSEMA; (j) subsection 587B(1), in relation to a direction given by NOPSEMA; (ja) subsection 591B(5); (jb) subsection 594A(6); (k) subsections 602K(6) and (7); (l) subsections 620(2), (3), (4) and (5); (m) subsections 621(3), (5), (8), (9), (10), (11) and (12); (n) subsections 699(5) and (5A); (o) section 705; (p) section 706; (q) section 707; (r) subsection 725(5); (s) section 731; (t) section 732; (u) section 733; (v) subclauses 6(1), 6(2), 7(3), 8(5), 8(7), 10(7), 11A(6), 11D(3), 11D(4) and 12(4) of Schedule 2A; (va) subclauses 6(1), 6(2), 7(3), 8(5), 8(7), 10(7), 12(6), 15(3), 15(4) and 16(6) of Schedule 2B; (w) subclauses 6(3), 6(4A), 13B(3), 16B(1), 16C(1), 54(1), 54(1A), 73(3), 74(5), 74(7), 76(7), 77(7), 78A(2), 78A(3), 79(4), 82(4), 82(9), 83(4), 83(6), 86(1), 87(1), 87(2) and 88(2) of Schedule 3. |
3 | (a) subsection 227(5); (b) subsections 228(1) and (1A); (c) subsections 249(2) and (4); (d) subsections 284(5) and (7); (e) subsections 286A(7) and (8A); (ea) subsections 452A(7) and (9); (f) subsections 507(4), (5) and (5A); (g) subsections 508(4), (5) and (5A); (h) subsections 509(4), (6) and (6A); (i) section 513; (j) subsection 514(1); (k) subsections 556(4) and (5); (l) subsections 557(4) and (5); (m) subsections 558(4) and (6); (n) section 562; (o) section 563; (p) subsections 697(3) and (3B); (q) subsections 699(5) and (5A); (r) section 705; (s) section 706; (t) section 707; (u) subsection 723(3); (v) subsection 725(5); (w) section 731; (x) section 732; (y) section 733. |
Relevant court
(3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
(a) the Federal Court;
(b) the Federal Circuit and Family Court of Australia (Division 2);
(c) the Supreme Court of a State or Territory.
When undertaking must not be accepted
(4) An authorised person (within the meaning of Part 6 of the Regulatory Powers Act) must not accept an undertaking that was given by a person (the first person ) under section 114 of that Act in response to an alleged contravention of a listed OHS law if:
(a) the alleged contravention contributed, or may have contributed, to the death of another person; or
(b) the alleged contravention involved recklessness (within the meaning of the Criminal Code ); or
(c) during the previous 5 years, the first person has been convicted of an OHS offence that contributed to the death of another person; or
(i) during the previous 10 years, the first person has been convicted of 2 or more OHS offences; and
(ii) at least 2 of those convictions arose from separate investigations.
(5) Subsection (4) does not apply if there are exceptional circumstances.
(6) For the purposes of subsection (4), OHS offence means an offence against a listed OHS law.
Extension to offshore areas
(7) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.
Extension to external Territories etc.
(8) Part 6 of the Regulatory Powers Act, as it applies in
relation to the provisions mentioned in subsection (1), extends to each
external Territory referred to in section 34.