between Australia and places outside Australia; or

between 2 places outside Australia; or

between the States; or

within a Territory, between a State and a Territory or between 2 Territories.

the operator of a prescribed ship or prescribed unit described in subsection (1); and

employees employed on a prescribed ship or prescribed unit described in subsection (1); and

contractors and other persons working on a prescribed ship or prescribed unit described in subsection (1); and

manufacturers, suppliers and importers of plant used, or substances used or handled, on a prescribed ship or prescribed unit described in subsection (1).

(a) a vessel that would be an off-shore industry vessel within the meaning of the Navigation Act 1912 if that Act had not been repealed and either:

was, immediately before the repeal of that Act, covered by a declaration in force under subsection 8A(2) of that Act; or

is covered by a declaration in force under subsection (3AB) of this section; or

(b) a ship that would be a trading ship within the meaning of the Navigation Act 1912 if that Act had not been repealed and either:

was, immediately before the repeal of that Act, covered by a declaration in force under subsection 8AA(2) of that Act; or

is covered by a declaration in force under subsection (3AB) of this section.

(3AA) However, this Act does not apply because of subsection (3) to a vessel or ship that is covered by a declaration in force under subsection (3AC).

(3AB) The Authority may declare in writing that this Act applies to a vessel or ship that would be an off-shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed.

(3AC) The Authority may declare in writing that this Act does not apply because of subsection (3) to a vessel or ship that would be an off-shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed.

(3AD) A declaration made under subsection (3AB) or (3AC) is not a legislative instrument.

a vessel that is used to engage in coastal trading under a general licence; and

a vessel that is used to engage in coastal trading under a temporary licence if the vessel is registered in the Australian International Shipping Register; and

a vessel that is used to engage in coastal trading under an emergency licence if the vessel is registered in the Australian General Shipping Register or the Australian International Shipping Register.

the operator of a vessel or ship described in subsection (3) or (3A); and

employees employed on a vessel or ship described in subsection (3) or (3A); and

contractors and other persons working on a vessel or ship described in subsection (3) or (3A); and

manufacturers, suppliers and importers of plant used, or substances used or handled on, a vessel or ship described in subsection (3) or (3A).

a reference to an operator were limited to a reference to a trading corporation formed within the limits of the Commonwealth; and

a reference to an employee were limited to a reference to an employee of a trading corporation formed within the limits of the Commonwealth; and

a reference to a contractor were limited to a reference to a contractor working for a trading corporation formed within the limits of the Commonwealth; and

a reference to a manufacturer were limited to a reference to a manufacturer that is a trading corporation formed within the limits of the Commonwealth; and

a reference to a supplier were limited to a reference to a supplier that is a trading corporation formed within the limits of the Commonwealth; and

a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a trading corporation formed within the limits of the Commonwealth.

a reference to an operator were limited to a reference to a financial corporation formed within the limits of the Commonwealth; and

a reference to an employee were limited to a reference to an employee of a financial corporation formed within the limits of the Commonwealth; and

a reference to a contractor were limited to a reference to a contractor working for a financial corporation formed within the limits of the Commonwealth; and

a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a financial corporation formed within the limits of the Commonwealth.

a reference to an operator were limited to a reference to a foreign corporation; and

a reference to an employee were limited to a reference to an employee of a foreign corporation; and

a reference to a contractor were limited to a reference to a contractor working for a foreign corporation; and

a reference to a manufacturer were limited to a reference to a manufacturer that is a foreign corporation; and

a reference to a supplier were limited to a reference to a supplier that is a foreign corporation; and

a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a foreign corporation.

State banking that does not extend beyond the limits of the State concerned; or

State insurance that does not so extend.

this Act (other than sections 22, 23, 24, 25 and 26) does not apply to that ship or unit while it is so controlled; and

this Act (other than sections 22, 23, 24, 25 and 26) does not apply to work performed by contractors on that ship or unit while it is so controlled; and

this Act, other than Parts 1 and 2 and section 120, applies to work performed by employees on that ship or unit while it is so controlled:

only if the regulations so provide; and

subject to such modifications and adaptations (if any) as are set out in the regulations.

is safe for employees and without risk to their health; and

provides adequate facilities for their welfare at work.

ensure the workplace is safe for employees and without risk to their health; and

provide and maintain a means of access to and from the workplace that is safe for employees and without risk to their health.

take appropriate action to monitor employees’ health and safety at work, and the conditions of the workplaces under the operator’s control; and

maintain appropriate information and records relating to employees’ health and safety; and

provide appropriate medical and first aid services for employees.

enable the operator and the employees to cooperate effectively in promoting and developing measures to ensure the employees’ health, safety and welfare at work; and

provide adequate mechanisms for reviewing the effectiveness of the measures.

provide appropriate mechanisms for continuing consultations between the operator, the involved unions and the employees on occupational health and safety matters; and

provide for such other matters (if any) as are agreed between the operator and the involved unions.

over which the operator would, in the circumstances, usually be expected to have had control; and

over which the operator would have had control apart from an express provision to the contrary in an agreement made by the operator with such a contractor.

discover; and

eliminate or minimise;

any risk to the health or safety of employees that may arise from the use of the plant.

its intended use; and

its design and construction; and

any conditions necessary to ensure that, when put to its intended use, it will be safe for employees and without risk to their health.

discover; and

eliminate or minimise;

any risk to the health or safety of employees that may arise from the use of the substance.

its intended use; and

details of its composition; and

any conditions necessary to ensure that, when put to its intended use, it will be safe for employees and without risk to their health; and

the first aid and medical procedures that should be followed if the substance causes injury.

discover; and

eliminate or minimise;

any risk to the health or safety of employees that may arise from the condition of the plant or substance.

the condition of the plant or substance at the time of supply; and

any risk to the health and safety of employees to which the condition of the plant or substance may give rise unless it is properly used; and

the steps that need to be taken in order to eliminate such risk; and

in the case of a substance—the first aid and medical procedures that should be followed if the condition of the substance causes injury.

the financier carries on the business of financing the acquisition or the use of goods by other persons; and

the financier has, in the course of that business, acquired an interest in the plant or substance solely for the purpose of financing its acquisition by the operator from the third person, or its provision to the operator by the third person; and

the financier has not taken possession of the plant or substance or has taken possession of the plant or substance solely for the purpose of passing possession to that operator;

the reference in section 19 to a supplier is, in relation to the plant or substance referred to in this subsection, to be read as a reference to the third person and not as a reference to the financier.

equipment is supplied to the employee by the operator; and

the equipment is necessary to protect the health and safety of the employee, or of other persons (whether employees or not) at or near the place at which the employee is at work;

the employee must use the equipment, and must use it in accordance with any instructions given by the operator consistent with its safe and proper use.

the operator ensured, so far as practicable, that the use of the plant or substance was in accordance with the information supplied by the manufacturer or the supplier of the plant or substance relating to the use of the plant or substance in a manner that ensures the health and safety of employees, contractors or other persons who use it; and

it was reasonable for the operator to rely on that information.

the person ensured, so far as practicable, that the erection or installation of the plant was in accordance with information supplied by the manufacturer or the supplier of the plant relating to the erection or installation of the plant in a manner that ensures the health and safety of employees, contractors or other persons who use the plant; and

it was reasonable for the person to rely on that information.

the person ensured, so far as practicable, that the repair or maintenance of the plant was in accordance with information supplied by the manufacturer or supplier of the plant relating to the repair or maintenance of the plant in a manner that ensures the health and safety of employees, contractors or other persons who use the plant; and

it was reasonable for the person to rely on that information.

the person ensured, so far as practicable, that the construction, modification or repair of the structure was in accordance with information supplied by the manufacturer or the supplier of the materials or parts used in the construction, modification or repair of the structure in a manner that ensures the health and safety of employees, contractors or other persons on the prescribed ship or prescribed unit; and

it was reasonable for the person to rely on that information.

the research, testing or examination has already been carried out by or on behalf of someone else; and

it was reasonable for the person to rely on that research, testing or examination.

employees employed on a prescribed ship or prescribed unit; or

contractors working on a prescribed ship or prescribed unit; or

other persons on or near a prescribed ship or prescribed unit.

prohibiting or restricting the performance of all work or specified work at a workplace or by employees or contractors at work;

prohibiting or restricting the use of all plant or specified plant at a workplace or by employees or contractors at work;

prohibiting or restricting the carrying out of all processes or procedures, or a specified process or procedure, at a workplace or by employees or contractors at work;

prohibiting or restricting the storage or use of all substances or specified substances at a workplace or by employees or contractors at work;

specifying the form in which information required to be made available to an operator under paragraph 15(4), 16(4) or 19(4) is to be so made available;

prohibiting, except in accordance with licences granted under the regulations, the use of specified plant or specified substances at a workplace or by employees or contractors at work;

providing for the issue, variation, renewal, transfer, suspension and cancellation of such licences, the conditions to which the licences may be subject and the fees payable for the issue, variation or transfer of the licences;

regulating the maintenance and testing of plant used at a workplace or by employees or contractors at work;

regulating the labelling or marking of substances used at a workplace or by employees or contractors at work;

regulating the transport of specified plant or specified substances for use at a workplace or by employees or contractors at work;

prohibiting the performance, at a workplace or by employees or contractors at work, of specified activities or work except:

by persons who satisfy requirements of the regulations as to qualifications, training or experience; or

under the supervision specified in the regulations;

requiring specified action to avoid accidents or dangerous occurrences;

providing for, or prohibiting, specified action in the event of accidents or dangerous occurrences;

providing for the employment at workplaces of persons to perform specified duties relating to the maintenance of occupational health and safety at workplaces;

regulating the provision and use of protective clothing and equipment, safety equipment and rescue equipment, at a workplace or by employees or contractors at work;

providing for monitoring the health of employees and the conditions at workplaces;

requiring operators to keep records of matters related to the occupational health and safety of employees;

providing for the provision of first aid equipment and facilities at workplaces.

that best and most conveniently enables the employees’ interests relating to occupational health and safety to be represented and safeguarded; and

that best takes account of the need for any health and safety representative selected for that designated work group to be accessible to each employee in the group.

the number of the employees; and

the nature of each type of work performed by the employees; and

the number and grouping of the employees who perform the same or similar types of work; and

the workplaces, and the areas within the workplaces, where each type of work is performed; and

the nature of any risks to health and safety at the workplaces; and

any extended hours or watchkeeping arrangements on the prescribed ship or prescribed unit.

all the employees in the group unanimously agree to the selection; or

the person is elected as the health and safety representative for the group.

if the person is selected by agreement in accordance with paragraph 41(3)(a)—the person; and

if the person is selected by election in accordance with paragraph 41(3)(b)—the involved union or other person authorised under section 42 to conduct the election;

must, as soon as practicable after the person has been so selected, inform the person in command of the name of the person so selected.

for the period beginning on the day on which the person is selected as the representative and ending on the day on which the person stops serving on the prescribed ship or prescribed unit, as the case may be; or

if agreed in consultations held under section 35 or 36 by the parties to those consultations—for a succession of such periods.

inspect the whole or any part of the workplace if:

there has, in the immediate past, been an accident or a dangerous occurrence at the workplace, or there is an immediate threat of such an accident or such an occurrence; or

the representative has given the operator reasonable notice of the inspection;

ask an inspector or the Inspectorate to conduct an investigation at the workplace;

accompany an inspector during any investigation at the workplace by the inspector (whether or not the investigation is being conducted as a result of a request made by the representative);

if there is no health and safety committee on the prescribed ship or prescribed unit—represent the employees in the group in consultations with the person in command about the development, implementation and review of measures to ensure the health and safety at work of the employees in the group;

if a health and safety committee has been established on the prescribed ship or prescribed unit—examine any of the records of that committee.

be assisted by a consultant at a workplace; or

give to a consultant information which has been given to the health and safety representative by an operator under section 51;

unless the operator has, in writing, agreed to the giving of that assistance at that workplace or the giving of that information, as the case may be.

an inspector; or

the operator, the person in command or any other person representing the operator;

if, and only if, the employee consents to the presence of the consultant.

is contravening a provision of this Act or the regulations; or

has contravened a provision of this Act or the regulations and is likely to contravene that provision again;

and the contravention affects or may affect one or more employees included in the group, the representative must consult with the person supervising the work performed by the employee or employees in an attempt to reach agreement on rectifying the contravention or preventing the likely contravention.

specify the contravention of this Act or the regulations that the health and safety representative thinks is occurring or is likely to occur; and

set out the reasons why the health and safety representative thinks the contravention of this Act or the regulations is occurring or is likely to occur; and

specify a period of not less than 7 days beginning on the day after the notice is issued, being a period that the representative thinks is reasonable, within which the person in command is to take action necessary to prevent any further contravention or to prevent the likely contravention, as the case may be.

if the notice relates to any workplace, plant, substance or thing that is owned by a person other than the operator—that owner; and

if the notice relates to a contravention of this Act or the regulations by a contractor or an employee of a contractor that has occurred or is likely to occur—that contractor.

confirm, vary or cancel the notice and notify the person in command and any person to whom a copy of the notice has been given under subsection 58(5) accordingly; and

make such decisions, and exercise such powers, under Part 4, as the inspector thinks necessary in relation to the work.

notify each employee who is affected by the notice of the fact of the issue of the notice; and

until the notice stops having effect, cause a copy of the notice to be displayed in a prominent place at or near each workplace at which the work that is the subject of the notice is being performed.

it is cancelled by an inspector or by the health and safety representative who issued the notice; or

the person in command or a person given a copy of the notice under subsection 58(5):

takes such action, if any, as is specified in the notice; or

if no action is so specified—takes the action necessary to prevent the further contravention, or likely contravention, concerned.

the person resigns as the health and safety representative; or

the person stops being an employee included in the designated work group; or

the person’s term of office ends without the person having been selected, under section 41, to be the health and safety representative for the designated work group for a further term; or

the person is disqualified under section 72.

if the person was last selected as the health and safety representative in an election conducted by an involved union in relation to the group—by written notice given to:

the involved union that nominated the person as a candidate in the election; and

the person in command; and

in any other case—by written notice given to the person in command.

that action taken by the representative in the exercise or purported exercise of a power under subsection 48(1) or any other provision of this Act was taken:

with the intention of causing harm to the operator or to an undertaking of the operator; or

unreasonably, capriciously or not for the purpose for which the power was conferred on the representative;

that the representative intentionally used, or disclosed to another person, for a purpose that is not connected with the exercise of a power of a health and safety representative, information acquired from the operator.

the harm (if any) that was caused to the operator or to an undertaking of the operator as a result of the action of the representative; and

the past record of the representative in exercising the powers of a health and safety representative; and

the effect (if any) on the public interest of the action of the representative; and

such other matters as the Authority thinks relevant;

disqualify the representative, for a specified period not exceeding 5 years, from being a health and safety representative for any designated work group.

the employees are included in one or more designated work groups; and

the operator is requested to establish the committee by:

the health and safety representative for the designated work group or for one of the designated work groups; or

an involved union in relation to such a group.

the person in command and the health and safety representative for each designated work group; or

the person in command and such other persons as agreed between the operator and the involved unions.

specify the persons who are members who represent management; and

provide for the way in which persons who are to be members representing interests of employees are to be chosen.

inform a supervisor; or

if no supervisor can be contacted immediately—direct the employee or employees to stop, in a safe manner, performing the work, and as soon as practicable inform a supervisor that the direction has been given.

that the threat to health or safety has been removed; or

that the order to cease work under paragraph (1)(b) was justified;

the representative must inform the person in command of the threat to health or safety.

that the threat to health or safety has been removed; or

that the order to cease work under paragraph (1)(b) was justified;

the representative or the person in command may ask the Inspectorate or an inspector to conduct an investigation of the work that is the subject of the disagreement.

to ascertain whether the requirements of, or any requirements properly made under, this Act or the regulations are being complied with; or

concerning a contravention or possible contravention of this Act or the regulations; or

concerning an accident or dangerous occurrence that has happened in the performing of work.

to ascertain whether the requirements of, or any requirements properly made under, this Act or the regulations are being complied with; or

concerning a contravention or possible contravention of this Act or the regulations; or

concerning an accident or dangerous occurrence that has happened in the performing of work;

and the inspector must, unless the Inspectorate revokes the direction, conduct an investigation accordingly.

stop and detain a prescribed ship or prescribed unit; and

board a prescribed ship or prescribed unit and enter a workplace on the ship or unit at any reasonable time during the day or night; and

search the workplace; and

inspect, examine, take measurements of or conduct tests concerning the workplace or any plant, substance or thing at the workplace; and

take photographs, or make sketches, of the workplace or any plant, substance or thing at the workplace.

the person in command; and

if there is a health and safety representative for a designated work group that includes an employee performing work to which the investigation may relate—that representative;

and must, on being asked to do so by the person in command, produce for inspection by that person:

the inspector’s identity card issued under section 85; and

a copy of the Inspectorate’s written direction (if any) to conduct the investigation.

the operator; or

a person representing the operator; or

any owner or occupier of a workplace at which the investigation is being conducted; or

any employee or contractor;

to give to the inspector reasonable assistance, to answer any questions put by the inspector, and to produce any documents requested by the inspector, reasonably connected with the conduct of the investigation.

take possession of the plant, substance or thing and remove it from the workplace; or

take a sample of the substance or thing and remove that sample from the workplace.

the person in command; and

if the plant, substance or thing is owned by a person other than the operator—that person; and

if there is a health and safety representative for a designated work group that includes an employee performing work to which the investigation relates—that representative;

of the taking of possession or the taking of the sample, as the case may be, and the reasons for it.

ensure that the inspection, examination, measuring or testing is conducted as soon as practicable; and

return it to the workplace as soon as practicable afterwards.

remove an immediate threat to the health or safety of any person; or

allow the inspection, examination or taking of measurements of, or conducting of tests concerning, a workplace or any plant, substance or thing at a workplace;

the inspector may direct, by written notice given to the person in command, that the person ensure that:

a particular workplace, or a specified part of a particular workplace; or

particular plant, or a particular substance or thing;

not be disturbed for the period, specified in the direction, that is, in the inspector’s opinion, necessary in order to remove the threat or to allow the inspection, examination, measuring or testing to take place.

that is, or a specified part of which is, to be left undisturbed; or

where the plant, substance or thing that is to be left undisturbed is located.

if the workplace, plant, substance or thing to which the direction relates is owned by a person other than the operator—that person; and

if there is a health and safety representative for a designated work group that includes an employee performing work:

at a workplace or a part of a workplace; or

involving the plant, substance or thing;

to which the direction relates—that representative;

of the direction and the reasons for giving it.

direct the operator to ensure that the activity is not engaged in; or

direct the operator to ensure that the activity is not engaged in in a specified manner, being a manner that may relate to any one or more of the following:

any workplace, or part of a workplace, at which the activity is not to be engaged in;

any plant or substance that is not to be used in connection with the activity;

any procedure that is not to be followed in connection with the activity.

is contravening a provision of this Act or the regulations; or

has contravened a provision of this Act or the regulations and is likely to contravene that provision again;

the inspector may issue an improvement notice, in writing, to the person in command.

specify the contravention of this Act or the regulations that the inspector thinks is occurring or is likely to occur; and

set out the reasons why the inspector thinks the contravention of this Act or the regulations is occurring or is likely to occur; and

specify a period, being a period that the inspector thinks reasonable, within which the person in command is to take the action necessary to prevent any further contravention or to prevent the likely contravention, as the case may be.

give a copy of the notice to the health and safety representative (if any) for each designated work group of the employees performing work that is affected by the notice; and

cause a copy of the notice to be displayed in a prominent place at or near each workplace at which that work is being performed.

to confirm or vary a provisional improvement notice under section 59;

to cancel a provisional improvement notice under section 59;

to take possession of plant, a substance, or a thing at a workplace under section 91;

to direct that a workplace, or a part of a workplace, plant, a substance or a thing not be disturbed under section 92;

to issue a prohibition notice under section 93;

that the operator to whom a prohibition notice is issued has not taken adequate action to remove the threat to health or safety that caused the notice to be issued under section 93;

that the operator, to whom a prohibition notice has been issued, has taken adequate action to remove the threat to health or safety that caused the notice to be issued under section 93;

to issue an improvement notice under section 98.

the operator affected by the decision; or

a person in command to whom a notice has been issued under subsection 581(1) or 98(1); or

a person to whom a notice has been given under subsection 58(5); or

the health and safety representative for a designated work group that includes an employee affected by the decision; or

an involved union in relation to such a designated work group; or

if there is no such designated work group—an involved union in relation to an employee who is affected by the decision; or

a person who owns any plant, substance or thing to which the decision referred to in paragraph (1)(a), (c), (d) or (h) relates.

a health and safety representative for a designated work group that includes an employee affected by the decision; or

an involved union in relation to such a designated work group; or

if there is no such designated work group—an involved union in relation to an employee who is affected by the decision.

tamper with any notice that has been displayed under subsection 91(3), 92(4) or 99(1) or section 96 while that notice is so displayed; or

remove any notice that has been so displayed:

in the case of a notice displayed under subsection 91(3)—until the plant or thing to which the notice relates is returned to the workplace from which it was removed; or

in the case of a notice displayed under subsection 92(4) or 99(1) or section 96—before the notice has ceased to have effect.