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OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 - SECT 13

Duties of operators in relation to contractors

  (1)   The obligations of an operator of a prescribed ship or prescribed unit in respect of employees employed on the ship or unit that are set out in subsections   11(1) to (6) also apply in respect of persons who are contractors on that ship or unit to the extent set out in this section, and not otherwise.

  (2)   The obligations apply in relation to matters over which the operator has control.

  (3)   The obligations apply in relation to matters:

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

  (b)   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.

Penalty:   1,000 penalty units.

  (4)   For the purposes of an offence against this section, strict liability applies to the physical element, that the obligations set out in subsections   11(1) to (6) apply as set out in subsection   ( 1) of this section.



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