is in a chamber inside which the ambient pressure is equal to or higher than the hydrostatic pressure at a depth of 1 metre in seawater (whether or not the chamber is submerged in water or another liquid); or

is submerged in water or another liquid and the person’s lungs are subjected to a pressure greater than atmospheric pressure (whether or not the person is wearing a wetsuit or other protective clothing); or

is in a manned submersible craft that is submerged in water or another liquid.

diving using a snorkel; and

diving without the use of any breathing apparatus.

diving using a snorkel for the purpose of conducting an environmental survey; or

diving without the use of any breathing apparatus for that purpose.

begins when the diver, or first diver, who takes part in the operation starts to prepare to dive; and

ends when the diver, or last diver, who takes part in the operation:

leaves the water, or the chamber or environment, in which the dive took place; and

has completed any necessary decompression procedures; and

includes the time taken for therapeutic recompression if that is necessary.

an OHS prohibition notice under clause 78E of Schedule 3;

an OHS improvement notice under clause 78G of Schedule 3.

subclause 30(8) of Schedule 3;

subclause 78H(3) of Schedule 3;

subclause 83A(5) of Schedule 3;

subclause 83B(5) of Schedule 3;

subclause 30(7) of Schedule 3;

subclause 78C(6) of Schedule 3;

subclause 78E(6) of Schedule 3;

subclause 78H(1) of Schedule 3;

subclauses 82(1), (5), (6) and (9A) of Schedule 3;

subclauses 83(1) and (1A) of Schedule 3;

subclause 83A(1) of Schedule 3;

subclauses 83B(1) and (2) of Schedule 3;

a supplier of a facility, or of any plant or substance for use at a facility;

a registered titleholder of a title that relates to a facility;

a NOPSEMA inspector is authorised to board, or to remain on board, under clause 52 or 53; and

is not a facility or an associated offshore place in relation to a facility.

clause 13A of this Schedule (petroleum titleholder duty of care); or

clause 13B of this Schedule (greenhouse gas titleholder duty of care); or

clause 13C of this Schedule (duties of titleholders in relation to unrelated operators); or

prescribed regulations, or a prescribed provision of regulations, made under this Act.

(a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009; or

(b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law (within the meaning of the Fair Work Act 2009).

a facility has been used, is being used, has been prepared for use, or is being prepared for use, in connection with operations authorised by a petroleum title or a greenhouse gas title; and

the operator of the facility is not:

a registered holder of the title; or

a related body corporate of a registered holder of the title;

clause 13C (duties of titleholders in relation to unrelated operators);

in accordance with regulations made for the purposes of this paragraph, if this is requested in accordance with subclause (4A); and

with the assistance of a union or other person or organisation, if this is requested in accordance with subclause (4A).

100 members of the workforce normally in the designated work group; or

a majority of the members of the workforce normally in the designated work group.

in such a form that it is easily accessible for the purposes of NOPSEMA or a NOPSEMA inspector contacting the health and safety representatives; and

until such time as a copy of any further list for the facility is provided under that subclause.

(a) complete a course of training relating to occupational health and safety (the initial training course), as soon as practicable after being selected as the health and safety representative for the designated work group; and

(b) complete a course of training designed to refresh or update the representative’s skills and knowledge relating to occupational health and safety (a refresher training course) as soon as practicable before or after the end of 12 months after:

the day the representative completed the initial training course; and

the day the representative last completed a refresher training course.

must be a course that is accredited by NOPSEMA for the purposes of that paragraph; and

may be chosen by the health and safety representative.

permit the representative to take such time off work as is required to attend the initial training course and any refresher training courses, without loss of remuneration or other entitlements; and

permit the representative to attend the initial training course as soon as practicable after the representative is selected as the health and safety representative for the designated work group; and

permit the representative to attend a refresher training course as soon as practicable before or after the end of each 12 month period applicable under paragraph (1)(b).

the operator of the facility concerned (unless paragraph (b) of this subclause applies);

if the representative is employed by a person other than the operator—the employer.

the timing and availability of courses accredited as mentioned in paragraph (2)(a);

factors affecting when the representative can reasonably undertake the training;

whether a deputy health and safety representative for the designated workgroup will be able to exercise the powers of a health and safety representative for the group while the training is undertaken;

if the dispute relates to the reasonable costs of attending the training—such matters as the NOPSEMA inspector considers relevant that may affect whether the costs are reasonable;

any other matter the NOPSEMA inspector considers relevant.

allow a health and safety representative to:

take such time off work as is decided by the NOPSEMA inspector; and

attend a course within any period decided by the NOPSEMA inspector; and

pay any costs decided by the NOPSEMA inspector.

the operator of the facility concerned;

if the representative is employed by a person other than the operator, that employer.

request a review of safety management-related documents by the operator of the facility, in accordance with clause 37A; and

a circumstance exists that affects the health and safety of workers at the facility; and

the operator has not adequately reviewed the documents in response to the circumstance.

be in the approved form (if any); and

specify the relevant circumstance mentioned in paragraph (1)(a); and

specify details about how the circumstance affects the health and safety of workers at the facility; and

set out the reasons why the representative believes the operator has not adequately reviewed the documents in response to the circumstance; and

comply with any other requirements prescribed by the regulations for the purposes of this paragraph.

that the safety management-related documents have been reviewed; and

either:

if the operator considers that revisions to the safety management-related documents are necessary—the revisions the operator intends to make and the reasons for each revision; or

if the operator considers that no revisions are necessary—an explanation as to why revisions are not required.

in relation to a request from the representative, under subclause 37A(1), for the operator to review safety management-related documents relating to the facility:

review those documents in accordance with subclause 37A(3); and

give notice to the representative in accordance with subclause 37A(4); and

if the notice specifies, under subparagraph 37A(4)(b)(i), revisions the operator intends to make to those documents—make the revisions as soon as practicable after giving the notice; and

permit the representative to take such time off work, without loss of remuneration or other entitlements, as is necessary to:

exercise the powers of a health and safety representative; and

attend an initial training course and any refresher training courses in accordance with clause 30; and

there is only one designated work group at the facility; and

the health and safety representative for the designated work group consents to being a member of the health and safety committee;

concerning an accident or dangerous occurrence that has happened:

at or near a facility; or

on a vessel that is neither a facility nor an associated offshore place in relation to a facility, if the accident or dangerous occurrence is directly related to diving operations relating to the construction, installation, operation, maintenance or decommissioning of a facility.

subparagraph (2)(c)(ii) (OHS inspections concerning accidents or dangerous occurrences on certain vessels); or

for any OHS inspection—the exercise of a power under this Part for the purposes of the inspection in relation to a vessel that is neither a facility nor an associated offshore place in relation to a facility;

in an offshore area; or

in the coastal waters of a State or the Northern Territory; or

in waters within the limits of a State or Territory.

at any reasonable time, board a vessel (other than a facility or an associated offshore place in relation to a facility) if the inspector is satisfied on reasonable grounds that the vessel is being used in connection with diving operations that relate to the construction, installation, operation, maintenance or decommissioning of a facility; and

search the vessel for any plant, substances, documents or things on the vessel that relate to the diving operations; and

inspect, examine or measure, or conduct tests concerning, any such plant, substances or things on the vessel; and

take photographs of, make video recordings of, or make sketches of, any such plant, substances or things on the vessel; and

inspect, take extracts from, or make copies of, any such documents on the vessel; and

observe any diving operations in connection with which the vessel is being used and take photographs of, make video recordings of, or make sketches of any such operations; and

exercise the powers conferred by clause 74 in relation to the OHS inspection; and

exercise the powers conferred by clause 75 in relation to the OHS inspection.

the master of the vessel; and

the person on the vessel who is in charge of the diving operations.

the inspector’s identity card; and

a copy of NOPSEMA’s written direction (if any) to conduct the inspection; and

a copy of any directions issued by NOPSEMA under section 602A in relation to the exercise of the inspector’s powers.

(a) a vessel becomes an associated offshore place in relation to a facility (the relevant facility) at a particular time (the transition time); and

immediately before that time, a NOPSEMA inspector was on board the vessel as authorised by clause 52 (including because of the operation of subclause (2) of this clause);

clause 50 is taken to authorise the NOPSEMA inspector to remain on board the vessel for the purposes of the OHS inspection; and

the NOPSEMA inspector may exercise powers under subparagraphs 50(1)(a)(i) to (vi) and paragraphs 50(1)(b) and 52(1)(f) for the purposes of the OHS inspection while the inspector remains on board the vessel; and

subclause 50(2) applies in relation to the OHS inspection and the relevant facility as if the NOPSEMA inspector had entered the facility at the transition time; and

subclauses 50(2A) and (3), and 52(1) and (2) (other than paragraph 52(1)(f)), do not apply in relation to the OHS inspection; and

subclause 52(3) continues to apply in relation to the OHS inspection.

(a) a vessel ceases to be an associated offshore place in relation to a facility (the relevant facility) at a particular time (the transition time); and

immediately before that time, a NOPSEMA inspector was on board the vessel as authorised by clause 50 (including because of the operation of subclause (1) of this clause); and

at the transition time, the NOPSEMA inspector is satisfied on reasonable grounds that the vessel is being used in connection with diving operations that relate to the construction, installation, operation, maintenance or decommissioning of a facility;

clause 52 is taken to authorise the NOPSEMA inspector to remain on board the vessel for the purposes of the OHS inspection; and

the NOPSEMA inspector may exercise powers under paragraphs 52(1)(b) to (h) for the purposes of the OHS inspection while the inspector remains on board the vessel; and

subclauses 52(2) and (3) apply in relation to the OHS inspection (with subclause 52(2) doing so as if the NOPSEMA inspector had boarded the vessel at the transition time); and

clause 50 does not apply in relation to the OHS inspection.

that is or are reasonably connected with the conduct of the inspection on board the vessel; or

for the effective exercise of the inspector’s powers in connection with the conduct of the inspection on board the vessel.

appropriate transport to or from the vessel for the inspector and for any equipment required by the inspector, or any thing of which the inspector has taken possession; and

arranging for the inspector to be present on board the vessel; and

arranging for persons on board the vessel to facilitate the conduct by the inspector of the OHS inspection; and

arranging for reasonable means of subsistence while the inspector is present on board the vessel; and

arranging for reasonable accommodation while the inspector is present on board the vessel.

the diving contractor for the diving operations being carried out on or from the dive vessel;

the operator of the facility to which those diving operations relate.

in the case of an inspection on a dive vessel on or from which diving operations are being carried out—the diving contractor, the diving supervisor or a person engaged in the diving operations; or

in the case of an inspection on a dive vessel on or from which diving operations are being carried out—the diving contractor, the diving supervisor or a person engaged in the diving operations; or

the master of the vessel; and

the diving contractor for the diving operations being carried out on or from the dive vessel; and

the diving supervisor for those diving operations; and

if the plant, substance or thing is used by a person in the course of the person’s employment by a particular employer (within the ordinary meaning of that expression)—the employer; and

if the plant, substance or thing is owned by a person other than a person mentioned in any of paragraphs (a) to (d)—that other person;

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

return it to the vessel, or to the owner of the plant, substance or thing, as soon as practicable afterwards.

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

allow the inspection, examination or measurement of, or the conducting of tests concerning, particular plant, or a particular substance or thing, on the vessel.

the diving contractor for the diving operations being carried out on or from the dive vessel;

the diving supervisor for those diving operations.

direct the responsible person to take all reasonably practicable steps to ensure that one or more of the following are not disturbed for a period specified in the notice:

a particular part of the vessel;

particular plant, or a particular substance or thing, on the vessel; and

set out the reasons for the inspector’s decision to issue the notice.

the person is subject to an OHS do not disturb notice issued under this clause; and

the person omits to do an act; and

the omission breaches the notice.

if the only responsible person for the notice is the diving contractor—the diving supervisor; and

if the only responsible person for the notice is the diving supervisor—the diving contractor; and

in any case—the master of the dive vessel and the operator of the facility to which the diving operations relate; and

if the notice relates to any plant, substance or thing that is owned by a person other than a person mentioned in paragraph (a), (b) or (c)—that owner.

at the particular place on the vessel that is to be left undisturbed; or

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

either:

an activity is occurring on, or near, the vessel that involves an immediate threat to the health or safety of a person; or

(ii) an activity may occur on, or near, the vessel that, if it occurred, would involve an immediate threat to the health or safety of a person; and

the threat is directly related to the diving operations being carried out on or from the vessel; and

it is reasonably necessary to issue the notice in order to remove the threat.

the diving contractor for the diving operations being carried out on or from the dive vessel;

the diving supervisor for those diving operations.

specify the activity mentioned in subparagraph (1)(a)(i) or (ii); and

set out the reasons for the inspector’s satisfaction about the circumstances mentioned in subparagraph (1)(a)(i) or (ii); and

direct the responsible person for the notice to:

ensure that the activity is not conducted; or

ensure that the activity is not conducted in a specified manner.

any part of the vessel at which the activity is not to be conducted;

any chamber or other environment in which the activity is not to be conducted;

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

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

the person is subject to an OHS prohibition notice issued under this clause; and

the person omits to do an act; and

the omission breaches the notice.

if the only responsible person for the notice is the diving contractor—the diving supervisor; and

if the only responsible person for the notice is the diving supervisor—the diving contractor; and

in any case—the master of the dive vessel and the operator of the facility to which the diving operations relate; and

if the notice relates to any plant, substance or thing that is owned by a person other than a person mentioned in paragraph (a), (b) or (c)—that owner.

the responsible person:

is contravening a provision of a listed OHS law; or

has contravened a provision of a listed OHS law and is likely to contravene that provision again; and

as a result, there is, or may be, a risk to the health or safety of any person; and

that risk is directly related to the diving operations being carried out on or from the dive vessel.

the diving contractor for the diving operations being carried out on or from the dive vessel;

the diving supervisor for those diving operations.

specify the contravention that the NOPSEMA inspector is satisfied on reasonable grounds is occurring, or has occurred and is likely to occur again, and set out those grounds; and

specify the risk to health or safety mentioned in paragraph (1)(b); and

specify action that the inspector is satisfied on reasonable grounds is required to be taken by the responsible person to reduce or prevent the risk; and

specify a period within which the responsible person is to take the action.

the person is subject to a requirement under subclause (1); and

the person omits to do an act; and

the omission breaches the requirement.

if the only responsible person for the notice is the diving contractor—the diving supervisor; and

if the only responsible person for the notice is the diving supervisor—the diving contractor; and

in any case:

the master of the dive vessel; and

the operator of the facility to which the diving operations relate; and

if the notice relates to any plant, substance or thing that is owned by a person other than a person mentioned in paragraph (a), (b) or (c)—that owner.

if the report relates to diving operations carried out on or from a dive vessel—the diving contractor; and

any action proposed to be taken as a result of the conclusions or recommendations contained in the report; and

if a notice has been issued under clause 77 or 78 in relation to work being performed for the person—any action taken, or proposed to be taken, in respect of that notice; and

if a notice has been issued under clause 78E or 78G in relation to diving operations for which the person is the diving contractor—any action taken, or proposed to be taken, in respect of that notice;

the decision appealed against is a decision under clause 75 to take possession of plant, a substance or a thing; and

the decision is not affirmed;

if the plant, substance or thing was taken at a facility—the workplace from which it was taken; or

if the plant, substance or thing was taken at regulated business premises (other than a facility)—a representative of the occupier of the premises; or

if the plant, substance or thing was taken on a dive vessel—the vessel or the owner of the plant, substance or thing.

the time within which a notice under subclause (1) is to be given; and

information to be included in a notice under that subclause.

an accident or dangerous occurrence happens on a vessel at a particular time; and

the vessel is neither a facility nor an associated offshore place in relation to a facility at that time; and

the accident or dangerous occurrence is directly related to diving operations relating to the construction, installation, operation, maintenance or decommissioning of a facility; and

in the case of an accident—the accident causes:

the death of, or serious injury to, any individual; or

a person involved in the diving operations to be incapacitated from performing work for a period prescribed for the purposes of this subparagraph;

the time within which a notice under subclause (5) is to be given; and

information to be included in a notice under that subclause.

the person is subject to a requirement under subclause (5); and

the person omits to do an act; and

the omission breaches the requirement.

the time within which a report under subclause (6) is to be given; and

information to be included in a report under that subclause.

an accident or dangerous occurrence happens on a vessel at a particular time; and

the vessel is neither a facility nor an associated offshore place in relation to a facility at that time; and

the accident or dangerous occurrence is directly related to diving operations relating to the construction, installation, operation, maintenance or decommissioning of a facility; and

in the case of an accident—the accident causes:

the death of, or serious injury to, any individual; or

a person involved in the diving operations to be incapacitated from performing work for a period prescribed for the purposes of this subparagraph;

the time within which a report under subclause (9A) is to be given; and

information to be included in a report under that subclause.

the person is subject to a requirement under subclause (9A); and

the person omits to do an act; and

the omission breaches the requirement.

the time within which a report under subclause (1) must be given; and

information to be included in such a report.

be given in the approved form (if any) and in an approved manner (if any); and

include any information prescribed by the regulations for the purposes of this paragraph.

the titleholder has contravened, or is contravening, clause 13C; and

the contravention has affected, is affecting, or is likely to affect, the operator’s ability to comply with its obligations under this Act, or regulations made for the purposes of this Act.

a statement setting out the reasons for the operator’s belief of the matters set out in subclause (1); and

any details of the titleholder specified in the regulations for the purposes of this paragraph.

operators of facilities;

employers (other than such operators) of members of the workforce at facilities;

diving contractors and diving supervisors for diving operations relating to the construction, installation, operation, maintenance or decommissioning of facilities.

the person is subject to a requirement under subclause (1); and

the person engages in conduct; and

that conduct is discriminatory conduct; and

the dominant reason for the discriminatory conduct is a prohibited reason.

dismisses an employee; or

engages in conduct that results in injury to an employee in the employee’s employment; or

engages in conduct that prejudicially alters the employee’s position (whether by deducting or withholding remuneration or by any other means); or

refuses or fails to offer to engage a prospective employee; or

treats a prospective employee less favourably than another prospective employee would be treated in offering terms of engagement; or

threatens to do any of the things mentioned in paragraphs (a) to (e).

has complained or proposes to complain about a matter concerning the health, safety or welfare of employees at work; or

has assisted or proposes to assist, by giving information or otherwise, the conduct of an OHS inspection or an inspection in relation to a listed OHS law for the purposes of Division 1 of Part 6.5 of this Act; or

has ceased, or proposes to cease, to perform work, in accordance with a direction by a health and safety representative under paragraph 44(1)(b) or (3)(c), and the cessation or proposed cessation does not continue after:

the health and safety representative has agreed with a person supervising the work that the cessation or proposed cessation was not, or is no longer, necessary; or

a NOPSEMA inspector has, under subclause 44(5), made a decision that has the effect that the employee should perform the work; or

is, has been or proposes to be a health and safety representative or a member of a health and safety committee; or

undertakes, has undertaken or proposes to undertake another role under this Act (or regulations made for the purposes of this Act); or

exercises a power or performs a function, has exercised a power or performed a function, or proposes to exercise a power or perform a function as a health and safety representative or as a member of a health and safety committee; or

exercises, has exercised or proposes to exercise a power under this Act (or regulations made for the purposes of this Act) or exercises, has exercised or proposes to exercise a power under this Act (or regulations made for the purposes of this Act) in a particular way; or

performs, has performed or proposes to perform a function under this Act (or regulations made for the purposes of this Act) or performs, has performed or proposes to perform a function under this Act (or regulations made for the purposes of this Act) in a particular way; or

refrains from, has refrained from or proposes to refrain from exercising a power or performing a function under this Act (or regulations made for the purposes of this Act) or refrains from, has refrained from or proposes to refrain from exercising a power or performing a function under this Act (or regulations made for the purposes of this Act) in a particular way; or

assists or has assisted or proposes to assist, or gives or has given or proposes to give any information to any person exercising a power or performing a function under this Act (or regulations made for the purposes of this Act); or

raises, has raised, or proposes to raise an issue or concern about occupational health and safety with:

the operator of a facility, the operator’s representative at a facility, a titleholder or a titleholder’s representative; or

a NOPSEMA inspector; or

a health and safety representative; or

a member of a health and safety committee; or

another member of the workforce; or

any other person who has a duty under this Act (or regulations made for the purposes of this Act) in relation to the matter; or

any other person exercising a power or performing a function under this Act (or regulations made for the purposes of this Act); or

is involved in, has been involved in or proposes to be involved in resolving an occupational health and safety issue under this Act (or regulations made for the purposes of this Act); or

is taking action, has taken action or proposes to take action to seek compliance by any person with any duty or obligation under this Act (or regulations made for the purposes of this Act).

proves that the discriminatory conduct was engaged in; and

proves that a circumstance referred to in clause 88B existed at the time the discriminatory conduct was engaged in; and

adduces evidence that the discriminatory conduct was engaged in for a prohibited reason.

a person carries on an activity at a facility; and

an individual is a contractor of the person;

a form approved by the Chief Executive Officer of NOPSEMA for the purposes of a provision of this Schedule or the regulations; and

a copy of an instrument, made by the Chief Executive Officer of NOPSEMA, approving a manner for the purposes of a provision of this Schedule or the regulations.

if the completion time was more than 12 months before that commencement—as soon as practicable after that commencement; and

otherwise—as soon as practicable before or after the end of 12 months after the completion time.

vessels that become or stop being facilities or parts of facilities;

persons on board or near such vessels;

activities that take place on board such vessels.

provide for the application, or continued application, of this Act with or without specified modifications in relation to a vessel, person or activity mentioned in paragraph (1)(a), (b) or (c); or

make provision of a transitional, application or saving nature in relation to the transition from:

the regime provided by this Act to a regime provided by a law covered by subsection (3); or

a regime provided by a law covered by subsection (3) to the regime provided by this Act;

(a) the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and legislative instruments under that Act;

(b) a State PSLA (within the meaning of Offshore Petroleum and Greenhouse Gas Storage Act 2006) and regulations under a State PSLA;Part 6.9 of the

(c) a Territory PSLA (within the meaning of Offshore Petroleum and Greenhouse Gas Storage Act 2006) and regulations under a Territory PSLA.Part 6.9 of the

(a) the effect of sections 640 and 641 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 apart from this section; and

anything else in this Act.

(a) a facility within the meaning of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

a vessel in an area in relation to which section 641 of that Act applies that would be a facility within the meaning of that Schedule if the vessel were located at a site in Commonwealth waters for the purposes of paragraph 4(1)(a) or (5A)(a) of that Schedule.

(a) Navigation Act 2012; andsection 342A of the

rules made under that section.

a cross-boundary greenhouse gas assessment permit;

is not, but has previously been, subject to a pipeline licence; and

is a pipeline in relation to which a direction under section 586, 586A, 587 or 587A is in force.

the making of a declaration under section 312 or 312A of that Act, on or after the commencement of the amendments, on an application made on or after that commencement; and

the variation or revocation of a declaration under either of those sections on or after that commencement, whether the declaration is made before, on or after that commencement.

the variation of an application under section 312 or 312A of that Act on or after the commencement of those amendments, whether the application is made before, on or after that commencement; and

the making of a declaration under either of those sections, on or after that commencement, on an application that is the subject of a variation to which paragraph (a) of this subitem applies.