Commonwealth Numbered Regulations

1995 No. 17 OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) REGULATIONS - REG 9

9. (1) The person in command of a prescribed ship or prescribed unit must not,
except:

   (a)  with reasonable excuse; or

   (b)  in circumstances specified in subregulation (3); alter or disturb, or
        allow anyone to alter or disturb, the site of an accident or of a
        dangerous occurrence on the ship or unit unless an inspector has
        inspected the site or given permission in writing for the site to be
        altered or disturbed. Penalty: 10 penalty units.

(2) Without limiting the meaning of "reasonable excuse" in subregulation (1),
it is a reasonable excuse if the alteration or disturbance was unavoidable or,
unless it was done recklessly, it occurred as a result of:

   (a)  the rescue, or attempted rescue, of an injured person; or

   (b)  the retrieval, or attempted retrieval, of the body of a deceased
        person; or

   (c)  the protection, or attempted protection, of the health or safety of a
        person; or

   (d)  the prevention, or attempted prevention, of damage occurring to a
        substance or thing; or

   (e)  the restoration, or attempted restoration, of a workplace to safe
        working conditions; or

   (f)  the performance, or attempted performance, of a task necessary for the
        proper operation of the ship or unit.

(3) For the purposes of subregulation (1), the following circumstances are
specified:

   (a)  the Inspectorate has notified in writing the person in command that
        inspection of the site of the accident or dangerous occurrence by an
        inspector is not required;

   (b)  the ship or unit is in an Australian port when notice is given of the
        accident or dangerous occurrence and an inspector does not visit the
        site within 24 hours of notice being given;

   (c)  the ship or unit is at sea and proceeding to an Australian port when
        notice is given of the accident or dangerous occurrence and an
        inspector does not visit the site within 24 hours of the arrival of
        the ship or unit at the port;

   (d)  the ship or unit is at sea and not proceeding to an Australian port
        when notice of the accident or dangerous occurrence is given.