1   Objects

                   The objects of this Schedule are, in relation to facilities located in Commonwealth waters:

                     (a)  to secure the health, safety and welfare of persons at or near those facilities; and

                     (b)  to protect persons at or near those facilities from risks to health and safety arising out of activities being conducted at those facilities; and

                     (c)  to ensure that expert advice is available on occupational health and safety matters in relation to those facilities; and

                     (d)  to promote an occupational environment for members of the workforce at such facilities that is adapted to their needs relating to health and safety; and

                     (e)  to foster a consultative relationship between all relevant persons concerning the health, safety and welfare of members of the workforce at those facilities.

2   Simplified outline

                   The following is a simplified outline of this Schedule:

3   Definitions

                   In this Schedule, unless the contrary intention appears:

accident includes the contraction of a disease.

associated offshore place , in relation to a facility, means any offshore place near the facility where activities (including diving activities) relating to the construction, installation, operation, maintenance or decommissioning of the facility take place, but does not include:

                     (a)  another facility; or

                     (b)  a supply vessel, offtake tanker, anchor handler or tugboat; or

                     (c)  a vessel, or structure, that is declared by the regulations not to be an associated offshore place.

Commonwealth waters has the same meaning as in Part 4.8 of this Act.

contract includes an arrangement or understanding.

contractor has the meaning given by clause 8.

contravention , if the contravention is an offence, includes an offence against:

                     (a)  section 6 of the Crimes Act 1914 ; or

                     (b)  section 11.1, 11.4 or 11.5 of the Criminal Code ;

that relates to the first-mentioned offence.

dangerous occurrence means an occurrence declared by the regulations to be a dangerous occurrence for the purposes of this definition.

data includes:

                     (a)  information in any form; and

                     (b)  any program (or part of a program).

data held in a computer includes:

                     (a)  data held in any removable data storage device for the time being held in a computer; and

                     (b)  data held in a data storage device on a computer network of which the computer forms a part.

data storage device means a thing containing, or designed to contain, data for use by a computer.

designated work group means:

                     (a)  a group of members of the workforce at a facility that is established as a designated work group under clause 19 or 20; or

                     (b)  that group as varied in accordance with clause 21 or 22.

employee , in relation to an employer, means an employee of that employer.

employer means an employer who carries on an activity at a facility.

enter , when used in relation to a vessel, includes board.

facility means a facility as defined by clause 4, and:

                     (a)  includes a facility (as defined by clause 4) that is being constructed or installed; and

                     (b)  except in the definition of associated offshore place , includes an associated offshore place in relation to a facility (as defined by clause 4).

group member , in relation to a designated work group at a facility, means a person who is:

                     (a)  a member of the workforce at that facility; and

                     (b)  included in that designated work group.

improvement notice means an improvement notice issued under subclause 78(1).

inspection means an inspection conducted under Part 4 of this Schedule. For this purpose, an inspection may include an investigation or inquiry, but need not include a physical inspection of any facility, premises or other thing.

master , in relation to a vessel, means the person having command or charge of the vessel.

member of the workforce , in relation to a facility, means an individual who does work at the facility:

                     (a)  whether as an employee of the operator of the facility or of another person; or

                     (b)  whether as a contractor of the operator or of another person.

offence against a listed OHS law includes an offence against section 6 of the Crimes Act 1914 that relates to an offence against a listed OHS law.

Note:          For other ancillary offences, see section 11.6 of the Criminal Code .

offshore petroleum operations has the same meaning as in Part 4.8 of this Act.

OHS inspector means an OHS inspector appointed under section 390.

operator , in relation to a facility or proposed facility, has the meaning given by clause 5.

operator’s representative at a facility means a person present at the facility in compliance with the obligations imposed on the operator by clause 6.

own includes own jointly or own in part.

plant includes any machinery, equipment or tool, or any component.

premises includes the following:

                     (a)  a structure or building;

                     (b)  a place (whether or not enclosed or built on);

                     (c)  a part of a thing referred to in paragraph (a) or (b).

prohibition notice means a prohibition notice issued under subclause 77(1).

proposed facility means a facility proposed to be constructed, installed or operated.

recovery , in relation to petroleum, includes all processes directly or indirectly associated with its recovery. This definition does not, by implication, limit the meaning of the expression recovery when used in a provision of this Act other than this Schedule.

registered organisation means an organisation within the meaning of the Workplace Relations Act 1996 .

regulated business premises means:

                     (a)  a facility; or

                     (b)  premises that are:

                              (i)  occupied by a person who is the operator of a facility; and

                             (ii)  used, or proposed to be used, wholly or principally in connection with offshore petroleum operations.

regulations means regulations made for the purposes of this Schedule.

reviewing authority means the Australian Industrial Relations Commission.

work means work offshore that is directly or indirectly related to the construction, installation, operation, maintenance or decommissioning of a facility.

workforce representative means:

                     (a)  in relation to a person who is a member of the workforce at a facility—a registered organisation of which that person is a member, if the person is qualified to be a member of that organisation because of the work the person performs at the facility; or

                     (b)  in relation to a designated work group or a proposed designated work group—a registered organisation of which a person who is, or who is likely to be, in the work group is a member, if the person is qualified to be a member of that organisation because of the work the person performs, or will perform, at a facility as a member of the group.

work group employer , in relation to a designated work group at a facility, means an employer of one or more group members, but does not include the operator of the facility.

workplace , in relation to a facility, means the whole facility or any part of the facility.

4   Facilities

Vessels or structures that are facilities

             (1)  A vessel or structure is taken to be a facility for the purposes of this Schedule while that vessel or structure:

                     (a)  is located at a site in Commonwealth waters; and

                     (b)  is being used, or prepared for use, at that site:

                              (i)  for the recovery of petroleum, for the processing of petroleum, or for the storage and offloading of petroleum, or for any combination of those activities; or

                             (ii)  for the provision of accommodation for persons working on another facility, whether connected by a walkway to that other facility or not; or

                            (iii)  for drilling or servicing a well for petroleum or doing work associated with the drilling or servicing process; or

                            (iv)  for laying pipes for petroleum, including any manufacturing of such pipes, or for doing work on an existing pipe; or

                             (v)  for the erection, dismantling or decommissioning of a vessel or structure referred to in a previous subparagraph of this paragraph; or

                            (vi)  for any other purpose related to offshore petroleum operations that is prescribed for the purposes of this subparagraph.

             (2)  Subclause (1) applies to a vessel or structure:

                     (a)  whether it is floating or fixed; and

                     (b)  whether or not it is capable of independent navigation.

             (3)  Subclause (1) has effect subject to subclauses (6) and (7).

             (4)  A vessel or structure used for a purpose referred to in subparagraph (1)(b)(i) includes:

                     (a)  any wells and associated plant and equipment by means of which petroleum processed or stored at the vessel or structure is recovered; and

                     (b)  any pipe or system of pipes through which petroleum is conveyed from a well to the vessel or structure; and

                     (c)  any secondary line associated with the vessel or structure.

             (5)  For the purposes of subclause (1), a vessel or structure that is located offshore for the purpose of laying pipes as described in subparagraph (1)(b)(iv) is taken to be located at a site, despite the fact that the vessel or structure moves as the pipe laying process proceeds.

Vessels or structures that are not facilities

             (6)  Despite subclause (1), a vessel or structure is taken not to be a facility for the purposes of this Schedule if the vessel or structure is:

                     (a)  an offtake tanker; or

                     (b)  a tug or an anchor handler; or

                     (c)  a vessel or structure used for supplying a facility or otherwise travelling between a facility and the shore; or

                     (d)  a vessel or structure used for any purpose such that it is declared by the regulations not to be a facility.

Use for a particular purpose

             (7)  In determining when a vessel or structure that has the potential to be used for one or more of the purposes referred to in paragraph (1)(b) is in fact being so used, the vessel or structure is taken:

                     (a)  to commence to be so used only at the time when it arrives at the site where it is to be so used and any activities necessary to make it operational at that site are begun; and

                     (b)  to cease to be so used when operations cease, and the vessel or structure has been returned either to a navigable form or to a form in which it can be towed to another place.

Pipelines that are facilities

             (8)  Each of the following is taken to be a facility for the purposes of this Schedule:

                     (a)  a pipeline subject to a pipeline licence;

                     (b)  if a pipeline subject to a pipeline licence conveys petroleum recovered from a well without the petroleum having passed through another facility—that pipeline, together with:

                              (i)  that well and associated plant and equipment; and

                             (ii)  any pipe or system of pipes through which petroleum is conveyed from that well to that pipeline.

             (9)  In paragraph (8)(b):

facility does not include a pipeline.

5   Operator of a facility or proposed facility

             (1)  For the purposes of this Schedule, the operator , in relation to a facility or proposed facility, is the person who, under the regulations, is registered by the Safety Authority as the operator of that facility or proposed facility.

             (2)  The regulations may authorise the Safety Authority to cancel the registration of a person as the operator of a facility or proposed facility.

6   Operator must ensure presence of operator’s representative

             (1)  The operator of a facility must ensure that, at all times when one or more individuals are present at a facility, there is also present an individual (the operator’s representative at the facility ) who has day-to-day management and control of operations at the facility.

             (2)  The operator of a facility must take all reasonably practicable steps to ensure that the name of the operator’s representative at the facility is displayed in a prominent place at the facility.

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1) or (2); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  50 penalty units.

             (4)  An offence against subclause (3) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (5)  Subclause (1) does not imply that, if the operator is an individual, the operator’s representative at the facility may not be, from time to time, the operator.

7   Health and safety of persons using an accommodation facility

                   For the avoidance of doubt, a reference in this Schedule to the occupational health and safety of a person includes a reference to the health and safety of a person using an accommodation facility provided for the accommodation of persons working on another facility.

8   Contractor

                   For the purposes of this Schedule, if an individual does work at a facility under a contract for services between:

                     (a)  a person (the relevant person ); and

                     (b)  either:

                              (i)  the individual; or

                             (ii)  the employer of the individual;

the individual is taken to be a contractor of the relevant person.