Commonwealth Numbered Regulations

1993 No. 282 PETROLEUM (SUBMERGED LANDS) (OCCUPATIONAL HEALTH AND SAFETY) REGULATIONS - REG 34

34. (1) An employer must not, without reasonable excuse, alter or disturb the
site of an accident or dangerous occurrence arising out of an undertaking of
the employer, or allow the site to be altered or disturbed, before:

   (a)  an investigation of the accident or dangerous occurrence; or

   (b)  the investigator gives permission for alteration or disturbance of the
        site. Penalty: 10 penalty units.

(2) Without limiting the generality of subregulation (1), it is a reasonable
excuse if an employer alters or disturbs, or allows to be altered or
disturbed, the site of an accident or dangerous occurrence in the course 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 being done to a
        substance or thing; if the alteration or disturbance is unavoidable
        and not done recklessly.

(3) It is a defence to a prosecution for an offence against subregulation (1)
that notice of the accident or dangerous occurrence was given to the
Designated Authority in accordance with clause 41 of Schedule 7 to the Act
and:

   (a)  the Designated Authority has given notice that investigation of the
        accident or dangerous occurrence is not required; or

   (b)  an investigator has not entered the workplace where the site of the
        accident or dangerous occurrence is located in response to the notice
        within one working day of the notice being given to the Designated
        Authority.