Commonwealth Numbered Regulations

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1996 No. 298 PETROLEUM (SUBMERGED LANDS) (MANAGEMENT OF SAFETY ON OFFSHORE FACILITIES) REGULATIONS - REG 30

Records
30. (1) The operator of a facility must establish and maintain, in accordance
with subregulation (2), a system of storing records required under
subregulation (3) to be stored in relation to the facility. Penalty: 30
penalty units

(2) The operator must store the records (for example, on paper or microfiche
or by means of a computer):

   (a)  at the nominated address in respect of the facility; and

   (b)  in a manner that makes their retrieval reasonably practicable: and

   (c)  in a secure manner acceptable to the Designated Authority; and

   (d)  for the period of 5 years from the creation of the record.
[NOTE: For the meaning of "nominated address", see subr. (10).]

(3) The records required to be stored are:

   (a)  the Safety Case in force for the facility; and

   (b)  any revisions of the Safety Case; and

   (c)  any written audit reports of the Safety Case; and

   (d)  a copy of each report given by the operator in accordance with
        subregulation 31 (2).
[NOTE: 1. For the meaning of "nominated address", see subr. (10).
2. For the meaning of "Safety Case in force for the facility", see subr. 3
(1).]

(4) The operator of a facility must keep, in the manner and for the period
specified in the Safety Case in force for the facility, documents required by
the Safety Case to be kept, but this subregulation does not affect any duty
under subregulation (3). Penalty: 30 penalty units

(5) The operator must make available, in accordance with subregulation (6),
copies of records that are stored or kept by the operator in accordance with
subregulation (3) or (4) (including, in the case of a record on computer, a
print-out of the record), to any of the following persons on written or oral
request by the person:

   (a)  a Designated Authority; or

   (b)  on production to the operator of written evidence of the person's
        appointment, a person holding an appointment as:

        (i)    a delegate, under section 15 of the Act, of a Designated 
               Authority; or

        (ii)   an inspector.
[NOTE: The expression "inspector" is defined in the Act; see subs. 5 (1).]
Penalty: 30 penalty units

(6) The operator must make the copies of records available to the person
making the request, or to an agent appointed in writing by that person:

   (a)  during the following times:

        (i)    in the case of emergency on or in relation to the facility-at
               any time (including night-time) on any day; or

        (ii)   in any other case-during normal business hours on any day,
               other than a Saturday, a Sunday, or a public holiday at the
               place where the records are kept; and

   (b)  either:

        (i)    at the nominated address; or

        (ii)   by agreement with the person making the request or that
               person's agent, at any other place or by means of electronic
               transmission.

(7) For the purpose of enabling documents to be made available in accordance
with subregulation (5), the operator of a facility must:

   (a)  notify in writing to the Designated Authority, from time to time, a
        telephone number within Australia at which a request may be made under
        that subregulation; and

   (b)  ensure that arrangements are in place for calls made for the purpose
        of that subregulation to be received at that number, at any time
        (including night-time) on any day, and acted on in accordance with
        that subregulation. Penalty: 30 penalty units

(8) A document that constitutes, or forms part of, a written audit report
stored in accordance with paragraph (3) (c) is not admissible in evidence
against a defendant in any proceedings for an offence under these Regulations.

(9) Within 28 days of commencing to operate a facility, the operator of the
facility must notify, or cause to be notified, in writing to the
Designated Authority, the nominated address of the operator in respect of the
facility. Penalty: 30 penalty units

(10) In this regulation:

"nominated address" means an address within Australia notified in writing from
time to time to the Designated Authority, by or on behalf of the operator, as
the address of the operator, for the purposes of these Regulations, in respect
of the facility specified in the notification. 


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