Commonwealth Numbered Regulations

PETROLEUM (SUBMERGED LANDS) AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 346 - SCHEDULE 3

(regulation 5)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993 .

[2] Regulation 22

substitute

22 Persons present at the count

(1)

The returning officer for an election may direct a person to leave the place where the count is being conducted if the person:

(a)

is not entitled to be present, or to remain present, at the count; or

(b)

being entitled to be present, interrupts the count, except as provided by subregulation (2).

(2)

A candidate's scrutineer may interrupt the count and so inform the returning officer if the scrutineer:

(a)

objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or

(b)

considers that an error has been made in the conduct of the count.

(3)

A person who does not comply with a direction given to him or her under subregulation (1) is guilty of an offence.

Penalty:
5 penalty units.

(4)

However, it is a defence to a prosecution for an offence against subregulation (3) if the person has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

(5)

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

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

[3] Regulation 34

substitute

34 Alteration or disturbance of site of accident or dangerous occurrence

(1)

An employer must not:

(a)

engage in conduct; or

(b) allow another person to engage in conduct;
that results in the alteration or disturbance of the site of an accident or dangerous occurrence arising out of an undertaking of the employer.

Penalty:
10 penalty units.

(2)

However, it is a defence to a prosecution for an offence against subregulation (1) if:

(a)

an investigation of the accident or dangerous occurrence is completed before the conduct is engaged in; or

(b)

the investigator gives permission for the alteration or disturbance of the site; or

(c)

the employer has a reasonable excuse; or

(d)

the employer has given a notice of the accident or dangerous occurrence to the Designated Authority under clause 41 of Schedule 7 to the Act and:

(i)

the Designated Authority has given notice that investigation of the accident or dangerous occurrence is not required; or

(ii)

an investigator has not entered the workplace where the site of the accident or dangerous occurrence is located in response to the notice within one working day of the employer giving notice to the Designated Authority.

Note
A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code ).

(3)

Without limiting the generality of paragraph (2) (c), an employer has a reasonable excuse if the employer engages in, or allows another person to engage in, the conduct which results in the alteration or disturbance of the site of an accident or dangerous occurrence in the course of:

(a)

the rescue, or attempted rescue of an injured person; or

(b) the retrieval, or attempted retrieval, of the body of a deceased person; or

(c)

the protection, or attempted protection, of the health or safety of a person; or

(d)

the prevention, or attempted prevention, of damage being done to a substance or thing;

if the alteration or disturbance is unavoidable and not done recklessly.