{"id":"qld:act-1999-040","name":"Mining and Quarrying Safety and Health Act 1999","slug":"mining-and-quarrying-safety-and-health-act-1999","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"40 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104650,"registerId":"qld-act-1999-040-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Mining and Quarrying Safety and Health Act 1999 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Operation of Act","content":"## Operation of Act","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.\n(sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"What does this Act apply to","content":"### sec.4 What does this Act apply to\n\nThis Act applies to mines, other than coal mines, and to operations.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Who does this Act apply to","content":"### sec.5 Who does this Act apply to\n\nThis Act applies to—\neveryone who may affect the safety or health of persons while the persons are at a mine; and\neveryone who may affect the safety or health of persons as a result of operations; and\na person whose safety or health may be affected while at a mine or as a result of operations.\n- (a) everyone who may affect the safety or health of persons while the persons are at a mine; and\n- (b) everyone who may affect the safety or health of persons as a result of operations; and\n- (c) a person whose safety or health may be affected while at a mine or as a result of operations.","sortOrder":7},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Relationship with Rail Safety National Law (Queensland)","content":"### sec.5A Relationship with Rail Safety National Law (Queensland)\n\nThis section applies if—\nthis Act, in the absence of this section, would apply to a mining railway; and\nthe Rail Safety National Law (Queensland) also applies to the mining railway.\nThis Act does not apply to the mining railway to the extent that the Rail Safety National Law (Queensland) applies.\nIn this section—\nmining railway means a railway that is in a mine other than a railway mentioned in the Rail Safety National Law (Queensland) , section 7 (1) (a) .\ns 5A ins 2017 No. 4 s 139\n(sec.5A-ssec.1) This section applies if— this Act, in the absence of this section, would apply to a mining railway; and the Rail Safety National Law (Queensland) also applies to the mining railway.\n(sec.5A-ssec.2) This Act does not apply to the mining railway to the extent that the Rail Safety National Law (Queensland) applies.\n(sec.5A-ssec.3) In this section— mining railway means a railway that is in a mine other than a railway mentioned in the Rail Safety National Law (Queensland) , section 7 (1) (a) .\n- (a) this Act, in the absence of this section, would apply to a mining railway; and\n- (b) the Rail Safety National Law (Queensland) also applies to the mining railway.","sortOrder":8},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Objects of Act","content":"## Objects of Act","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Objects of Act","content":"### sec.6 Objects of Act\n\nThe objects of this Act are—\nto protect the safety and health of persons at mines and persons who may be affected by operations; and\nto require that the risk of injury or illness to any person resulting from operations is at an acceptable level.\n- (a) to protect the safety and health of persons at mines and persons who may be affected by operations; and\n- (b) to require that the risk of injury or illness to any person resulting from operations is at an acceptable level.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"How objects are to be achieved","content":"### sec.7 How objects are to be achieved\n\nThe objects of this Act are to be achieved by—\nimposing safety and health obligations on persons who operate mines or who may affect the safety or health of others at mines; and\nproviding for safety and health management systems at mines to manage risk effectively; and\nmaking regulations and guidelines for the mining industry to require and promote risk management and control; and\nestablishing a safety and health advisory committee to allow the mining industry to participate in developing strategies for improving safety and health; and\nproviding for safety and health representatives and committees to represent the safety and health interests of workers; and\nproviding for inspectors and other officers to monitor the effectiveness of risk management and control at mines, and to take appropriate action to ensure adequate risk management; and\nproviding a way for the competencies of persons at mines to be assessed and recognised; and\nrequiring management structures so that persons may competently supervise the safe operation of mines; and\nproviding for appropriate emergency preparedness; and\nproviding for the health assessment and health surveillance of persons who are, will be or have been workers.\ns 7 amd 2010 No. 17 s 60 sch ; 2018 No. 28 s 51\n- (a) imposing safety and health obligations on persons who operate mines or who may affect the safety or health of others at mines; and\n- (b) providing for safety and health management systems at mines to manage risk effectively; and\n- (c) making regulations and guidelines for the mining industry to require and promote risk management and control; and\n- (d) establishing a safety and health advisory committee to allow the mining industry to participate in developing strategies for improving safety and health; and\n- (e) providing for safety and health representatives and committees to represent the safety and health interests of workers; and\n- (f) providing for inspectors and other officers to monitor the effectiveness of risk management and control at mines, and to take appropriate action to ensure adequate risk management; and\n- (g) providing a way for the competencies of persons at mines to be assessed and recognised; and\n- (h) requiring management structures so that persons may competently supervise the safe operation of mines; and\n- (i) providing for appropriate emergency preparedness; and\n- (j) providing for the health assessment and health surveillance of persons who are, will be or have been workers.","sortOrder":11},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Definitions—the dictionary","content":"### sec.8 Definitions—the dictionary\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of mine","content":"### sec.9 Meaning of mine\n\nA mine is any of the following places—\na place where operations are carried on, continuously or from time to time, within the boundaries of land the subject of a mining tenure;\na place where operations are carried on, continuously or from time to time, on land adjoining or adjacent to the boundaries of land the subject of a mining tenure and within which is a place mentioned in paragraph (a) ;\na place where operations are carried on, continuously or from time to time, unlawfully because land at the place is not the subject of a mining tenure;\na place that was a mine while works are done to secure it after its abandonment;\na place where tourism, education or research related to mining happens that is declared under a regulation to be a mine;\na quarry;\na place that was a mine, or part of a mine, while—\noperations are carried on, continuously or from time to time; and\nan authorisation to enter land under the Mineral Resources Act 1989 , section 344D is in force for the place.\nA mine includes buildings for administration, accommodation and associated facilities at a place mentioned in subsection (1) or adjoining or adjacent to the place.\nDespite subsection (1) (d) , a place that was a mine is not a mine after its abandonment merely because work is being done at the place by or for the State—\nto ensure public safety; or\nto rehabilitate it; or\nto secure it.\nA mine does not include a mine or part of a mine declared under a regulation to be a mine or part of a mine to which this Act does not apply.\nIf a declaration is made, the Work Health and Safety Act 2011 applies to the place because schedule 1 , part 2 , division 1 , section 2 (1) (b) of that Act would not apply.\ns 9 amd 2002 No. 25 s 23 ; 2011 No. 18 s 404 sch 4 pt 1 ; 2016 No. 32 s 36 ; 2020 No. 14 s 218 sch 1 ; 2024 No. 34 s 149\n(sec.9-ssec.1) A mine is any of the following places— a place where operations are carried on, continuously or from time to time, within the boundaries of land the subject of a mining tenure; a place where operations are carried on, continuously or from time to time, on land adjoining or adjacent to the boundaries of land the subject of a mining tenure and within which is a place mentioned in paragraph (a) ; a place where operations are carried on, continuously or from time to time, unlawfully because land at the place is not the subject of a mining tenure; a place that was a mine while works are done to secure it after its abandonment; a place where tourism, education or research related to mining happens that is declared under a regulation to be a mine; a quarry; a place that was a mine, or part of a mine, while— operations are carried on, continuously or from time to time; and an authorisation to enter land under the Mineral Resources Act 1989 , section 344D is in force for the place.\n(sec.9-ssec.2) A mine includes buildings for administration, accommodation and associated facilities at a place mentioned in subsection (1) or adjoining or adjacent to the place.\n(sec.9-ssec.3) Despite subsection (1) (d) , a place that was a mine is not a mine after its abandonment merely because work is being done at the place by or for the State— to ensure public safety; or to rehabilitate it; or to secure it.\n(sec.9-ssec.4) A mine does not include a mine or part of a mine declared under a regulation to be a mine or part of a mine to which this Act does not apply. If a declaration is made, the Work Health and Safety Act 2011 applies to the place because schedule 1 , part 2 , division 1 , section 2 (1) (b) of that Act would not apply.\n- (a) a place where operations are carried on, continuously or from time to time, within the boundaries of land the subject of a mining tenure;\n- (b) a place where operations are carried on, continuously or from time to time, on land adjoining or adjacent to the boundaries of land the subject of a mining tenure and within which is a place mentioned in paragraph (a) ;\n- (c) a place where operations are carried on, continuously or from time to time, unlawfully because land at the place is not the subject of a mining tenure;\n- (d) a place that was a mine while works are done to secure it after its abandonment;\n- (e) a place where tourism, education or research related to mining happens that is declared under a regulation to be a mine;\n- (f) a quarry;\n- (g) a place that was a mine, or part of a mine, while— (i) operations are carried on, continuously or from time to time; and (ii) an authorisation to enter land under the Mineral Resources Act 1989 , section 344D is in force for the place.\n- (i) operations are carried on, continuously or from time to time; and\n- (ii) an authorisation to enter land under the Mineral Resources Act 1989 , section 344D is in force for the place.\n- (i) operations are carried on, continuously or from time to time; and\n- (ii) an authorisation to enter land under the Mineral Resources Act 1989 , section 344D is in force for the place.\n- (a) to ensure public safety; or\n- (b) to rehabilitate it; or\n- (c) to secure it.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of operations","content":"### sec.10 Meaning of operations\n\nOperations are activities carried on principally for, or in connection with, exploring for, winning or treating, minerals or hard rock and include the following—\nextracting, loading, transporting, crushing, concentrating, storing, smelting, electrowinning, leaching and processing of minerals or hard rock;\ndisposing of mineral or waste products in connection with winning, extracting or processing minerals or hard rock;\nconstructing, erecting, maintaining or demolishing of any dam, excavation, building, plant, machinery or equipment that is required for winning or treating minerals or hard rock or the disposal of mineral or waste products;\nrehabilitating of a place after operations.\nThe following are not operations —\nwinning clay for and manufacture of bricks and other ceramics;\nairborne geophysical surveys;\nfossicking;\nsmelting, refining, stockpiling and processing operations on land that—\nare not adjoining or adjacent to mines where minerals or hard rock are excavated; or\nare adjoining or adjacent to, but are not an integral part of, mines where minerals or hard rock are excavated;\ntransport to and from a mine on public roads or public railways or within a pipeline;\nair transport to and from a mine;\npastoral activities;\nunderground gasification activities on land the subject of—\na mineral development licence or mining lease for activities relating to mineral (f); or\nan exploration permit if the chief inspector has made a declaration under section 47A ;\nan operation exempted by regulation.\ns 10 amd 2008 No. 33 s 108 ; 2024 No. 34 s 150\n(sec.10-ssec.1) Operations are activities carried on principally for, or in connection with, exploring for, winning or treating, minerals or hard rock and include the following— extracting, loading, transporting, crushing, concentrating, storing, smelting, electrowinning, leaching and processing of minerals or hard rock; disposing of mineral or waste products in connection with winning, extracting or processing minerals or hard rock; constructing, erecting, maintaining or demolishing of any dam, excavation, building, plant, machinery or equipment that is required for winning or treating minerals or hard rock or the disposal of mineral or waste products; rehabilitating of a place after operations.\n(sec.10-ssec.2) The following are not operations — winning clay for and manufacture of bricks and other ceramics; airborne geophysical surveys; fossicking; smelting, refining, stockpiling and processing operations on land that— are not adjoining or adjacent to mines where minerals or hard rock are excavated; or are adjoining or adjacent to, but are not an integral part of, mines where minerals or hard rock are excavated; transport to and from a mine on public roads or public railways or within a pipeline; air transport to and from a mine; pastoral activities; underground gasification activities on land the subject of— a mineral development licence or mining lease for activities relating to mineral (f); or an exploration permit if the chief inspector has made a declaration under section 47A ; an operation exempted by regulation.\n- (a) extracting, loading, transporting, crushing, concentrating, storing, smelting, electrowinning, leaching and processing of minerals or hard rock;\n- (b) disposing of mineral or waste products in connection with winning, extracting or processing minerals or hard rock;\n- (c) constructing, erecting, maintaining or demolishing of any dam, excavation, building, plant, machinery or equipment that is required for winning or treating minerals or hard rock or the disposal of mineral or waste products;\n- (d) rehabilitating of a place after operations.\n- (a) winning clay for and manufacture of bricks and other ceramics;\n- (b) airborne geophysical surveys;\n- (c) fossicking;\n- (d) smelting, refining, stockpiling and processing operations on land that— (i) are not adjoining or adjacent to mines where minerals or hard rock are excavated; or (ii) are adjoining or adjacent to, but are not an integral part of, mines where minerals or hard rock are excavated;\n- (i) are not adjoining or adjacent to mines where minerals or hard rock are excavated; or\n- (ii) are adjoining or adjacent to, but are not an integral part of, mines where minerals or hard rock are excavated;\n- (e) transport to and from a mine on public roads or public railways or within a pipeline;\n- (f) air transport to and from a mine;\n- (g) pastoral activities;\n- (h) underground gasification activities on land the subject of— (i) a mineral development licence or mining lease for activities relating to mineral (f); or (ii) an exploration permit if the chief inspector has made a declaration under section 47A ;\n- (i) a mineral development licence or mining lease for activities relating to mineral (f); or\n- (ii) an exploration permit if the chief inspector has made a declaration under section 47A ;\n- (i) an operation exempted by regulation.\n- (i) are not adjoining or adjacent to mines where minerals or hard rock are excavated; or\n- (ii) are adjoining or adjacent to, but are not an integral part of, mines where minerals or hard rock are excavated;\n- (i) a mineral development licence or mining lease for activities relating to mineral (f); or\n- (ii) an exploration permit if the chief inspector has made a declaration under section 47A ;","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of quarry","content":"### sec.11 Meaning of quarry\n\nA quarry is a place on land where operations are carried on, continuously or from time to time, to produce construction or road building material.\naggregates, road base, manufactured sand, rail ballast, armour rock, landscaping products\nHowever, a place on land where operations are carried on, continuously or from time to time, to produce construction or road building material is not a quarry if the operations are carried on—\nto produce construction or road building material substantially for use at a construction site at the place, or that adjoins or is adjacent to the place; or\nto excavate building foundations as part of construction work; or\nto extract, but not crush or shape—\nany type of gravel; or\nroad gravel or river gravel\nriver sand; or\nto redevelop the place as a place for any of the following—\nhousing;\na shopping complex;\nan industrial estate;\na recreation area;\na landfill site.\nIn this section—\nconstruction site means a place on land where construction work is performed.\nconstruction work see the Work Health and Safety Regulation 2011 .\ns 11 amd 2002 No. 25 s 24\nsub 2011 No. 2 s 77\namd 2011 No. 18 s 404 sch 4 pt 1 ; 2024 No. 34 s 151\n(sec.11-ssec.1) A quarry is a place on land where operations are carried on, continuously or from time to time, to produce construction or road building material. aggregates, road base, manufactured sand, rail ballast, armour rock, landscaping products\n(sec.11-ssec.2) However, a place on land where operations are carried on, continuously or from time to time, to produce construction or road building material is not a quarry if the operations are carried on— to produce construction or road building material substantially for use at a construction site at the place, or that adjoins or is adjacent to the place; or to excavate building foundations as part of construction work; or to extract, but not crush or shape— any type of gravel; or road gravel or river gravel river sand; or to redevelop the place as a place for any of the following— housing; a shopping complex; an industrial estate; a recreation area; a landfill site.\n(sec.11-ssec.3) In this section— construction site means a place on land where construction work is performed. construction work see the Work Health and Safety Regulation 2011 .\n- (a) to produce construction or road building material substantially for use at a construction site at the place, or that adjoins or is adjacent to the place; or\n- (b) to excavate building foundations as part of construction work; or\n- (c) to extract, but not crush or shape— (i) any type of gravel; or Examples of gravel— road gravel or river gravel (ii) river sand; or\n- (i) any type of gravel; or Examples of gravel— road gravel or river gravel\n- (ii) river sand; or\n- (d) to redevelop the place as a place for any of the following— (i) housing; (ii) a shopping complex; (iii) an industrial estate; (iv) a recreation area; (v) a landfill site.\n- (i) housing;\n- (ii) a shopping complex;\n- (iii) an industrial estate;\n- (iv) a recreation area;\n- (v) a landfill site.\n- (i) any type of gravel; or Examples of gravel— road gravel or river gravel\n- (ii) river sand; or\n- (i) housing;\n- (ii) a shopping complex;\n- (iii) an industrial estate;\n- (iv) a recreation area;\n- (v) a landfill site.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of safety and health","content":"### sec.12 Meaning of safety and health\n\nA person’s safety and health is the person’s safety and health to the extent it is or may be affected by operations or other activities at a mine.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of competence","content":"### sec.13 Meaning of competence\n\nCompetence for a task at a mine is the demonstrated skill and knowledge required to carry out the task to a standard necessary for the safety and health of persons.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of consultation","content":"### sec.14 Meaning of consultation\n\nConsultation with workers is discussion between the site senior executive or supervisors and affected workers about a matter with the aim of reaching agreement about the matter.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of standard work instruction","content":"### sec.15 Meaning of standard work instruction\n\nA standard work instruction at a mine is a documented way of working at the mine to achieve an acceptable level of risk, developed after consultation with workers.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of accident","content":"### sec.16 Meaning of accident\n\nAn accident at a mine is an event, or a series of events, at the mine causing injury to a person.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of serious accident","content":"### sec.17 Meaning of serious accident\n\nA serious accident at a mine is an accident at a mine that causes—\nthe death of a person; or\na person to be admitted to a hospital as an inpatient for treatment for the injury.\n- (a) the death of a person; or\n- (b) a person to be admitted to a hospital as an inpatient for treatment for the injury.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Meaning of high potential incident","content":"### sec.18 Meaning of high potential incident\n\nA high potential incident at a mine is an event, or a series of events, that causes or has the potential to cause a significant adverse effect on the safety or health of a person.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Meaning of risk","content":"### sec.19 Meaning of risk\n\nRisk means the risk of injury or illness to a person arising out of a hazard.\nRisk is measured in terms of consequences and likelihood.\n(sec.19-ssec.1) Risk means the risk of injury or illness to a person arising out of a hazard.\n(sec.19-ssec.2) Risk is measured in terms of consequences and likelihood.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Meaning of hazard","content":"### sec.20 Meaning of hazard\n\nHazard means a thing or a situation with potential to cause injury or illness to a person.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Meaning of operator","content":"### sec.21 Meaning of operator\n\nAn operator for a mine is—\nfor a mine where there is a holder—\nthe holder; or\nif another person has been appointed as the operator under section 48 and the appointment is notified to an inspector for the region under section 46 , the other person; or\nfor a mine mentioned in section 9 (1) (d) , (f) or (g) , where there is not a holder, the person in control of the mine; or\nfor a mine mentioned in section 9 (1) (e) , the person in control of the mine.\nIf—\nanother person mentioned in subsection (1) (a) (ii) is appointed as the operator for a separate part of a mine; and\nthe appointment is notified to an inspector for the region under section 46 ;\nthe person’s responsibilities and safety and health obligations under this Act as operator for a mine are limited to the separate part of the mine.\nIf—\n1 or more persons are appointed as operators for separate parts of a mine; and\nthe appointments are notified to an inspector for the region under section 46 ;\nthe holder’s responsibilities and safety and health obligations under this Act as an operator for the mine are limited to the part of the mine to which the appointments do not apply.\nFor this section, a part of a mine is taken to be a separate part of a mine only if—\nthe part is geographically separated from the rest of the mine; and\nthere is no physical overlapping of operations between the part and the operations in another part of the mine; and\nthe part is managed as a separate operation; and\nthe part is substantially self-contained.\nA person may be appointed operator for more than 1 mine or separate part of a mine.\ns 21 amd 2016 No. 32 s 36A\n(sec.21-ssec.1) An operator for a mine is— for a mine where there is a holder— the holder; or if another person has been appointed as the operator under section 48 and the appointment is notified to an inspector for the region under section 46 , the other person; or for a mine mentioned in section 9 (1) (d) , (f) or (g) , where there is not a holder, the person in control of the mine; or for a mine mentioned in section 9 (1) (e) , the person in control of the mine.\n(sec.21-ssec.2) If— another person mentioned in subsection (1) (a) (ii) is appointed as the operator for a separate part of a mine; and the appointment is notified to an inspector for the region under section 46 ; the person’s responsibilities and safety and health obligations under this Act as operator for a mine are limited to the separate part of the mine.\n(sec.21-ssec.3) If— 1 or more persons are appointed as operators for separate parts of a mine; and the appointments are notified to an inspector for the region under section 46 ; the holder’s responsibilities and safety and health obligations under this Act as an operator for the mine are limited to the part of the mine to which the appointments do not apply.\n(sec.21-ssec.4) For this section, a part of a mine is taken to be a separate part of a mine only if— the part is geographically separated from the rest of the mine; and there is no physical overlapping of operations between the part and the operations in another part of the mine; and the part is managed as a separate operation; and the part is substantially self-contained.\n(sec.21-ssec.5) A person may be appointed operator for more than 1 mine or separate part of a mine.\n- (a) for a mine where there is a holder— (i) the holder; or (ii) if another person has been appointed as the operator under section 48 and the appointment is notified to an inspector for the region under section 46 , the other person; or\n- (i) the holder; or\n- (ii) if another person has been appointed as the operator under section 48 and the appointment is notified to an inspector for the region under section 46 , the other person; or\n- (b) for a mine mentioned in section 9 (1) (d) , (f) or (g) , where there is not a holder, the person in control of the mine; or\n- (c) for a mine mentioned in section 9 (1) (e) , the person in control of the mine.\n- (i) the holder; or\n- (ii) if another person has been appointed as the operator under section 48 and the appointment is notified to an inspector for the region under section 46 , the other person; or\n- (a) another person mentioned in subsection (1) (a) (ii) is appointed as the operator for a separate part of a mine; and\n- (b) the appointment is notified to an inspector for the region under section 46 ;\n- (a) 1 or more persons are appointed as operators for separate parts of a mine; and\n- (b) the appointments are notified to an inspector for the region under section 46 ;\n- (a) the part is geographically separated from the rest of the mine; and\n- (b) there is no physical overlapping of operations between the part and the operations in another part of the mine; and\n- (c) the part is managed as a separate operation; and\n- (d) the part is substantially self-contained.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Meaning of site senior executive","content":"### sec.22 Meaning of site senior executive\n\nThe site senior executive for a mine is the most senior officer employed or otherwise engaged by the operator for the mine who—\nis located at or near the mine; and\nhas responsibility for the mine.\nSubsection (1) (a) does not require an officer with responsibility for exploration activities under a prospecting permit, an exploration permit or mineral development licence to be located at or near the mine.\nIf the officer only has responsibility for a separate part of a mine, the officer’s responsibilities and safety and health obligations under this Act as a site senior executive for a mine are limited to the separate part of the mine for which the officer has responsibility.\ns 22 amd 2011 No. 2 s 78\n(sec.22-ssec.1) The site senior executive for a mine is the most senior officer employed or otherwise engaged by the operator for the mine who— is located at or near the mine; and has responsibility for the mine.\n(sec.22-ssec.2) Subsection (1) (a) does not require an officer with responsibility for exploration activities under a prospecting permit, an exploration permit or mineral development licence to be located at or near the mine.\n(sec.22-ssec.3) If the officer only has responsibility for a separate part of a mine, the officer’s responsibilities and safety and health obligations under this Act as a site senior executive for a mine are limited to the separate part of the mine for which the officer has responsibility.\n- (a) is located at or near the mine; and\n- (b) has responsibility for the mine.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Meaning of supervisor","content":"### sec.23 Meaning of supervisor\n\nA supervisor at a mine is a person appointed under section 51 to—\nimplement and monitor the mine’s safety and health management system; and\ngive directions to other mine workers at the mine in accordance with the safety and health management system.\ns 23 sub 2002 No. 25 s 25 ; 2024 No. 34 s 152\n- (a) implement and monitor the mine’s safety and health management system; and\n- (b) give directions to other mine workers at the mine in accordance with the safety and health management system.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Meaning of district workers’ representative","content":"### sec.24 Meaning of district workers’ representative\n\nA district workers’ representative is a person who is appointed under section 108 to represent workers on safety and health matters and who performs the functions and exercises the powers of a district workers’ representative mentioned in part 8 , division 2 .","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Meaning of site safety and health representative","content":"### sec.25 Meaning of site safety and health representative\n\nA site safety and health representative , for a mine, is a worker selected or elected under section 84 by workers at the mine to perform the functions and exercise the powers of a site safety and health representative mentioned in part 7 , division 2 .","sortOrder":30},{"sectionNumber":"pt.2","sectionType":"part","heading":"Basic concepts","content":"# Basic concepts","sortOrder":31},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Control and management of risk","content":"## Control and management of risk","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"What is an acceptable level of risk","content":"### sec.26 What is an acceptable level of risk\n\nFor risk to a person from operations to be at an acceptable level , the operations must be carried out so that the level of risk from the operations is—\nwithin acceptable limits; and\nas low as reasonably achievable.\nTo decide whether risk is within acceptable limits and as low as reasonably achievable regard must be had to—\nthe likelihood of injury or illness to a person arising out of the risk; and\nthe severity of the injury or illness.\n(sec.26-ssec.1) For risk to a person from operations to be at an acceptable level , the operations must be carried out so that the level of risk from the operations is— within acceptable limits; and as low as reasonably achievable.\n(sec.26-ssec.2) To decide whether risk is within acceptable limits and as low as reasonably achievable regard must be had to— the likelihood of injury or illness to a person arising out of the risk; and the severity of the injury or illness.\n- (a) within acceptable limits; and\n- (b) as low as reasonably achievable.\n- (a) the likelihood of injury or illness to a person arising out of the risk; and\n- (b) the severity of the injury or illness.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Risk management","content":"### sec.27 Risk management\n\nRisk is effectively managed when all persons individually and as part of their respective workgroups and organisations, take action to keep risk at an acceptable level.\nIn particular, effective risk management is achieved when persons apply risk management procedures and practices that are appropriate for the nature of the risk, operation or task being performed.\nRisk management is the systematic application of policies, procedures and practices to—\nidentify, analyse, and assess risk; and\navoid or remove unacceptable risk; and\nmonitor levels of risk and the adverse consequences of retained residual risk; and\nprovide for critical controls; and\ninvestigate and analyse the causes of serious accidents and high potential incidents with a view to preventing their recurrence; and\nreview the effectiveness of risk control measures, and take appropriate corrective and preventive action; and\nmitigate the potential adverse effects arising from retained residual risk.\ns 27 amd 2024 No. 34 s 153\n(sec.27-ssec.1) Risk is effectively managed when all persons individually and as part of their respective workgroups and organisations, take action to keep risk at an acceptable level.\n(sec.27-ssec.2) In particular, effective risk management is achieved when persons apply risk management procedures and practices that are appropriate for the nature of the risk, operation or task being performed.\n(sec.27-ssec.3) Risk management is the systematic application of policies, procedures and practices to— identify, analyse, and assess risk; and avoid or remove unacceptable risk; and monitor levels of risk and the adverse consequences of retained residual risk; and provide for critical controls; and investigate and analyse the causes of serious accidents and high potential incidents with a view to preventing their recurrence; and review the effectiveness of risk control measures, and take appropriate corrective and preventive action; and mitigate the potential adverse effects arising from retained residual risk.\n- (a) identify, analyse, and assess risk; and\n- (b) avoid or remove unacceptable risk; and\n- (c) monitor levels of risk and the adverse consequences of retained residual risk; and\n- (d) provide for critical controls; and\n- (e) investigate and analyse the causes of serious accidents and high potential incidents with a view to preventing their recurrence; and\n- (f) review the effectiveness of risk control measures, and take appropriate corrective and preventive action; and\n- (g) mitigate the potential adverse effects arising from retained residual risk.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"What happens if the level of risk is unacceptable","content":"### sec.28 What happens if the level of risk is unacceptable\n\nIf there is an unacceptable level of risk to persons at a mine, this Act requires that—\npersons be evacuated to a safe location; and\naction be taken to reduce the risk to an acceptable level.\nAction to reduce the risk to an acceptable level may include stopping the use of specified plant or substances.\nThe action may be taken by the operator for the mine, the site senior executive for the mine, district workers’ representatives, site safety and health representatives, workers, inspectors or inspection officers.\n(sec.28-ssec.1) If there is an unacceptable level of risk to persons at a mine, this Act requires that— persons be evacuated to a safe location; and action be taken to reduce the risk to an acceptable level.\n(sec.28-ssec.2) Action to reduce the risk to an acceptable level may include stopping the use of specified plant or substances.\n(sec.28-ssec.3) The action may be taken by the operator for the mine, the site senior executive for the mine, district workers’ representatives, site safety and health representatives, workers, inspectors or inspection officers.\n- (a) persons be evacuated to a safe location; and\n- (b) action be taken to reduce the risk to an acceptable level.","sortOrder":35},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Cooperation","content":"## Cooperation","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Cooperation to achieve objects of Act","content":"### sec.29 Cooperation to achieve objects of Act\n\nThis Act seeks to achieve cooperation between operators, site senior executives and workers to achieve the objects of the Act .\nCooperation is an important strategy in achieving the objects of the Act and is achieved—\nat an industry level by—\nthe establishment of the mining safety and health advisory committee under part 6 ; and\nthe appointment of district workers’ representatives under part 8 ; and\nat mine level by—\nthe selection or election of site safety and health representatives and the establishment of site safety and health committees under part 7 ; and\nthe process of involving workers in the management of risk.\ns 29 amd 2010 No. 17 s 60 sch\n(sec.29-ssec.1) This Act seeks to achieve cooperation between operators, site senior executives and workers to achieve the objects of the Act .\n(sec.29-ssec.2) Cooperation is an important strategy in achieving the objects of the Act and is achieved— at an industry level by— the establishment of the mining safety and health advisory committee under part 6 ; and the appointment of district workers’ representatives under part 8 ; and at mine level by— the selection or election of site safety and health representatives and the establishment of site safety and health committees under part 7 ; and the process of involving workers in the management of risk.\n- (a) at an industry level by— (i) the establishment of the mining safety and health advisory committee under part 6 ; and (ii) the appointment of district workers’ representatives under part 8 ; and\n- (i) the establishment of the mining safety and health advisory committee under part 6 ; and\n- (ii) the appointment of district workers’ representatives under part 8 ; and\n- (b) at mine level by— (i) the selection or election of site safety and health representatives and the establishment of site safety and health committees under part 7 ; and (ii) the process of involving workers in the management of risk.\n- (i) the selection or election of site safety and health representatives and the establishment of site safety and health committees under part 7 ; and\n- (ii) the process of involving workers in the management of risk.\n- (i) the establishment of the mining safety and health advisory committee under part 6 ; and\n- (ii) the appointment of district workers’ representatives under part 8 ; and\n- (i) the selection or election of site safety and health representatives and the establishment of site safety and health committees under part 7 ; and\n- (ii) the process of involving workers in the management of risk.","sortOrder":37},{"sectionNumber":"pt.3","sectionType":"part","heading":"Safety and health obligations","content":"# Safety and health obligations","sortOrder":38},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Obligations for safety and health","content":"### sec.30 Obligations for safety and health\n\nWorkers or other persons at mines or persons who may affect safety and health at mines or as a result of operations, have obligations under division 2 ( safety and health obligations ).\nThe following persons have obligations under division 3 (also safety and health obligations )—\nholder;\noperator;\nsite senior executive;\ncontractor;\ndesigner, manufacturer, importer and supplier of plant for use at a mine;\nerector and installer of plant at a mine;\ndesigner, constructor or erector of earthworks at a mine;\nmanufacturer, importer and supplier of substances for use at a mine.\nIf a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also safety and health obligations ).\ns 30 amd 2018 No. 28 s 52 ; 2024 No. 34 s 154\n(sec.30-ssec.1) Workers or other persons at mines or persons who may affect safety and health at mines or as a result of operations, have obligations under division 2 ( safety and health obligations ).\n(sec.30-ssec.2) The following persons have obligations under division 3 (also safety and health obligations )— holder; operator; site senior executive; contractor; designer, manufacturer, importer and supplier of plant for use at a mine; erector and installer of plant at a mine; designer, constructor or erector of earthworks at a mine; manufacturer, importer and supplier of substances for use at a mine.\n(sec.30-ssec.3) If a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also safety and health obligations ).\n- (a) holder;\n- (b) operator;\n- (c) site senior executive;\n- (d) contractor;\n- (e) designer, manufacturer, importer and supplier of plant for use at a mine;\n- (f) erector and installer of plant at a mine;\n- (g) designer, constructor or erector of earthworks at a mine;\n- (h) manufacturer, importer and supplier of substances for use at a mine.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Discharge of obligations","content":"### sec.31 Discharge of obligations\n\nA person on whom a safety and health obligation is imposed must discharge the obligation.\nMaximum penalty—\nif the contravention caused multiple deaths—\nfor an offence committed by a corporation—30,000 penalty units; or\nfor an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or\notherwise—3,000 penalty units or 3 years imprisonment; or\nif the contravention caused death or grievous bodily harm—\nfor an offence committed by a corporation—15,000 penalty units; or\nfor an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or\notherwise—1,500 penalty units or 2 years imprisonment; or\nif the contravention caused bodily harm—\nfor an offence committed by a corporation—7,500 penalty units; or\nfor an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\notherwise—750 penalty units or 1 year’s imprisonment; or\nif the contravention involved exposure to a substance that is likely to cause death or grievous bodily harm—\nfor an offence committed by a corporation—7,500 penalty units; or\nfor an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\notherwise—750 penalty units or 1 year’s imprisonment; or\notherwise—\nfor an offence committed by a corporation—5,000 penalty units; or\nfor an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or\notherwise—500 penalty units or 6 months imprisonment.\ns 31 amd 2007 No. 46 s 97\nsub 2018 No. 28 s 53\n- (a) if the contravention caused multiple deaths— (i) for an offence committed by a corporation—30,000 penalty units; or (ii) for an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or (iii) otherwise—3,000 penalty units or 3 years imprisonment; or\n- (i) for an offence committed by a corporation—30,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or\n- (iii) otherwise—3,000 penalty units or 3 years imprisonment; or\n- (b) if the contravention caused death or grievous bodily harm— (i) for an offence committed by a corporation—15,000 penalty units; or (ii) for an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or (iii) otherwise—1,500 penalty units or 2 years imprisonment; or\n- (i) for an offence committed by a corporation—15,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or\n- (iii) otherwise—1,500 penalty units or 2 years imprisonment; or\n- (c) if the contravention caused bodily harm— (i) for an offence committed by a corporation—7,500 penalty units; or (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (i) for an offence committed by a corporation—7,500 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\n- (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (d) if the contravention involved exposure to a substance that is likely to cause death or grievous bodily harm— (i) for an offence committed by a corporation—7,500 penalty units; or (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (i) for an offence committed by a corporation—7,500 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\n- (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (e) otherwise— (i) for an offence committed by a corporation—5,000 penalty units; or (ii) for an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or (iii) otherwise—500 penalty units or 6 months imprisonment.\n- (i) for an offence committed by a corporation—5,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or\n- (iii) otherwise—500 penalty units or 6 months imprisonment.\n- (i) for an offence committed by a corporation—30,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or\n- (iii) otherwise—3,000 penalty units or 3 years imprisonment; or\n- (i) for an offence committed by a corporation—15,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or\n- (iii) otherwise—1,500 penalty units or 2 years imprisonment; or\n- (i) for an offence committed by a corporation—7,500 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\n- (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (i) for an offence committed by a corporation—7,500 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\n- (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (i) for an offence committed by a corporation—5,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or\n- (iii) otherwise—500 penalty units or 6 months imprisonment.","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Person may owe obligations in more than 1 capacity","content":"### sec.32 Person may owe obligations in more than 1 capacity\n\nA person on whom a safety and health obligation is imposed may be subject to more than 1 safety and health obligation.\nA person may be an operator, contractor and supplier of plant at the same time for a single mine and be subject to obligations in each of the capacities.","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Person not relieved of obligations","content":"### sec.33 Person not relieved of obligations\n\nTo remove doubt, it is declared that nothing in this Act that imposes a safety and health obligation on a person relieves another person of the other person’s safety and health obligations under this Act.\ns 33 amd 2000 No. 46 s 3 sch","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"How obligation can be discharged if regulation or guideline made","content":"### sec.34 How obligation can be discharged if regulation or guideline made\n\nIf a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety and health obligation in relation to the risk only by following the prescribed way.\nIf a regulation prohibits exposure to a risk, a person may discharge the person’s safety and health obligation in relation to the risk only by ensuring that the prohibition is not contravened.\nSubject to subsections (1) and (2) , if a guideline states a way or ways of achieving an acceptable level of risk, a person discharges the person’s safety and health obligation in relation to the risk only by—\nadopting and following a stated way; or\nadopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.\nFor this section and the following section, see defences provided for under division 4 .\n(sec.34-ssec.1) If a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety and health obligation in relation to the risk only by following the prescribed way.\n(sec.34-ssec.2) If a regulation prohibits exposure to a risk, a person may discharge the person’s safety and health obligation in relation to the risk only by ensuring that the prohibition is not contravened.\n(sec.34-ssec.3) Subject to subsections (1) and (2) , if a guideline states a way or ways of achieving an acceptable level of risk, a person discharges the person’s safety and health obligation in relation to the risk only by— adopting and following a stated way; or adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level. For this section and the following section, see defences provided for under division 4 .\n- (a) adopting and following a stated way; or\n- (b) adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"How obligations can be discharged if no regulation or guideline made","content":"### sec.35 How obligations can be discharged if no regulation or guideline made\n\nThis section applies if there is no regulation or guideline prescribing or stating a way to discharge the person’s safety and health obligation in relation to a risk.\nThe person may choose an appropriate way to discharge the person’s safety and health obligation in relation to the risk.\nHowever, the person discharges the person’s safety and health obligation in relation to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged.\n(sec.35-ssec.1) This section applies if there is no regulation or guideline prescribing or stating a way to discharge the person’s safety and health obligation in relation to a risk.\n(sec.35-ssec.2) The person may choose an appropriate way to discharge the person’s safety and health obligation in relation to the risk.\n(sec.35-ssec.3) However, the person discharges the person’s safety and health obligation in relation to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged.","sortOrder":45},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Generally applicable safety and health obligations","content":"## Generally applicable safety and health obligations","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Obligations of persons generally","content":"### sec.36 Obligations of persons generally\n\nThis section applies to each of the following persons who may affect the safety and health of others at a mine or as a result of operations at a mine—\na worker at the mine;\nanother person at the mine;\nan ROC worker for the mine;\nanother person not located at the mine.\nThe person has the following obligations—\nto comply with this Act and procedures applying to the person that are part of the safety and health management system for the mine;\nif the person has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from the risk of injury or illness—to give the information to the other persons;\nto take any other reasonable and necessary course of action to ensure no-one is exposed to an unacceptable level of risk.\ns 36 sub 2024 No. 34 s 155\n(sec.36-ssec.1) This section applies to each of the following persons who may affect the safety and health of others at a mine or as a result of operations at a mine— a worker at the mine; another person at the mine; an ROC worker for the mine; another person not located at the mine.\n(sec.36-ssec.2) The person has the following obligations— to comply with this Act and procedures applying to the person that are part of the safety and health management system for the mine; if the person has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from the risk of injury or illness—to give the information to the other persons; to take any other reasonable and necessary course of action to ensure no-one is exposed to an unacceptable level of risk.\n- (a) a worker at the mine;\n- (b) another person at the mine;\n- (c) an ROC worker for the mine;\n- (d) another person not located at the mine.\n- (a) to comply with this Act and procedures applying to the person that are part of the safety and health management system for the mine;\n- (b) if the person has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from the risk of injury or illness—to give the information to the other persons;\n- (c) to take any other reasonable and necessary course of action to ensure no-one is exposed to an unacceptable level of risk.","sortOrder":47},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Additional obligations","content":"### sec.36A Additional obligations\n\nThis section applies to each of the following persons—\na worker at a mine;\nanother person at a mine;\nan ROC worker for a mine.\nThe person has the following additional obligations—\nto manage the risk of injury or illness to themself or any other person in the person’s own work and activities, so that the risk is at an acceptable level;\nto ensure, to the extent of the responsibilities and duties allocated to the person, that the risk of injury or illness to any person is managed in the work and activities under the person’s control, supervision, or leadership, so that the risk is at an acceptable level;\nto the extent of the person’s involvement—to participate in and conform to the risk management practices of the mine;\nto comply with instructions given for safety and health of persons by the operator or site senior executive for the mine or a supervisor at the mine;\nto work at or for the mine only if the person is in a fit condition to carry out the work without affecting the safety and health of others;\nto not do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine.\ns 36A ins 2024 No. 34 s 155\n(sec.36A-ssec.1) This section applies to each of the following persons— a worker at a mine; another person at a mine; an ROC worker for a mine.\n(sec.36A-ssec.2) The person has the following additional obligations— to manage the risk of injury or illness to themself or any other person in the person’s own work and activities, so that the risk is at an acceptable level; to ensure, to the extent of the responsibilities and duties allocated to the person, that the risk of injury or illness to any person is managed in the work and activities under the person’s control, supervision, or leadership, so that the risk is at an acceptable level; to the extent of the person’s involvement—to participate in and conform to the risk management practices of the mine; to comply with instructions given for safety and health of persons by the operator or site senior executive for the mine or a supervisor at the mine; to work at or for the mine only if the person is in a fit condition to carry out the work without affecting the safety and health of others; to not do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine.\n- (a) a worker at a mine;\n- (b) another person at a mine;\n- (c) an ROC worker for a mine.\n- (a) to manage the risk of injury or illness to themself or any other person in the person’s own work and activities, so that the risk is at an acceptable level;\n- (b) to ensure, to the extent of the responsibilities and duties allocated to the person, that the risk of injury or illness to any person is managed in the work and activities under the person’s control, supervision, or leadership, so that the risk is at an acceptable level;\n- (c) to the extent of the person’s involvement—to participate in and conform to the risk management practices of the mine;\n- (d) to comply with instructions given for safety and health of persons by the operator or site senior executive for the mine or a supervisor at the mine;\n- (e) to work at or for the mine only if the person is in a fit condition to carry out the work without affecting the safety and health of others;\n- (f) to not do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine.","sortOrder":48},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Obligations of holders, operators, site senior executives and others","content":"## Obligations of holders, operators, site senior executives and others","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"Obligations of holders","content":"### sec.37 Obligations of holders\n\nThis section applies if the holder proposes to appoint under section 48 another person as the operator for a mine.\nThe holder must—\nfor a mine that is required, under this division, to have a safety and health management system—\ninform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and\ninclude in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or\nfor a mine that is not required, under this division, to have a safety and health management system—inform the proposed operator, by notice, of all relevant information available to the holder about known, or potential, hazards at the mine.\nMaximum penalty—100 penalty units.\nA contract under subsection (2) (a) (ii) must be in writing.\ns 37 amd 2002 No. 25 s 26 ; 2018 No. 28 s 54\n(sec.37-ssec.1) This section applies if the holder proposes to appoint under section 48 another person as the operator for a mine.\n(sec.37-ssec.2) The holder must— for a mine that is required, under this division, to have a safety and health management system— inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and include in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or for a mine that is not required, under this division, to have a safety and health management system—inform the proposed operator, by notice, of all relevant information available to the holder about known, or potential, hazards at the mine. Maximum penalty—100 penalty units.\n(sec.37-ssec.3) A contract under subsection (2) (a) (ii) must be in writing.\n- (a) for a mine that is required, under this division, to have a safety and health management system— (i) inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and (ii) include in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or\n- (i) inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and\n- (ii) include in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or\n- (b) for a mine that is not required, under this division, to have a safety and health management system—inform the proposed operator, by notice, of all relevant information available to the holder about known, or potential, hazards at the mine.\n- (i) inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and\n- (ii) include in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Obligations of operators","content":"### sec.38 Obligations of operators\n\nAn operator for a mine has the following obligations—\nto ensure the risk to workers while at the operator’s mine is at an acceptable level, including, for example, by—\nproviding a safe place of work and safe plant; and\nmaintaining plant in a safe state;\nto ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts operations;\nto appoint a site senior executive for the mine;\nto ensure the site senior executive for the mine—\ndevelops and implements a safety and health management system for the mine; and\ndevelops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine;\nto ensure the site senior executive, or acting site senior executive, for the mine is located at or near the mine when performing the duties of site senior executive unless—\nthe duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or\nthe site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;\nto audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from operations is at an acceptable level;\nto provide adequate resources to ensure the effectiveness and implementation of the safety and health management system.\nWithout limiting subsection (1) , an operator has an obligation not to operate a mine without a safety and health management system for the mine.\nSubsection (1) (d) to (g) and subsection (2) do not apply to an operator of a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine.\nHowever, a regulation may specify an opal or gem mine mentioned in subsection (3) to be a mine to which subsection (1) (d) to (g) and subsection (2) apply because of the size, nature or complexity of the mine’s operations.\ns 38 amd 2010 No. 17 s 61 ; 2018 No. 28 s 55 ; 2024 No. 34 s 156\n(sec.38-ssec.1) An operator for a mine has the following obligations— to ensure the risk to workers while at the operator’s mine is at an acceptable level, including, for example, by— providing a safe place of work and safe plant; and maintaining plant in a safe state; to ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts operations; to appoint a site senior executive for the mine; to ensure the site senior executive for the mine— develops and implements a safety and health management system for the mine; and develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine; to ensure the site senior executive, or acting site senior executive, for the mine is located at or near the mine when performing the duties of site senior executive unless— the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days; to audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from operations is at an acceptable level; to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system.\n(sec.38-ssec.2) Without limiting subsection (1) , an operator has an obligation not to operate a mine without a safety and health management system for the mine.\n(sec.38-ssec.3) Subsection (1) (d) to (g) and subsection (2) do not apply to an operator of a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine.\n(sec.38-ssec.4) However, a regulation may specify an opal or gem mine mentioned in subsection (3) to be a mine to which subsection (1) (d) to (g) and subsection (2) apply because of the size, nature or complexity of the mine’s operations.\n- (a) to ensure the risk to workers while at the operator’s mine is at an acceptable level, including, for example, by— (i) providing a safe place of work and safe plant; and (ii) maintaining plant in a safe state;\n- (i) providing a safe place of work and safe plant; and\n- (ii) maintaining plant in a safe state;\n- (b) to ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts operations;\n- (c) to appoint a site senior executive for the mine;\n- (d) to ensure the site senior executive for the mine— (i) develops and implements a safety and health management system for the mine; and (ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine;\n- (i) develops and implements a safety and health management system for the mine; and\n- (ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine;\n- (e) to ensure the site senior executive, or acting site senior executive, for the mine is located at or near the mine when performing the duties of site senior executive unless— (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or (ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;\n- (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or\n- (ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;\n- (f) to audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from operations is at an acceptable level;\n- (g) to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system.\n- (i) providing a safe place of work and safe plant; and\n- (ii) maintaining plant in a safe state;\n- (i) develops and implements a safety and health management system for the mine; and\n- (ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine;\n- (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or\n- (ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Obligations of site senior executive for mine","content":"### sec.39 Obligations of site senior executive for mine\n\nA site senior executive for a mine has the following obligations in relation to the safety and health of persons who may be affected by operations—\nto ensure the risk to persons from operations is at an acceptable level;\nto ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level;\nto develop and implement a safety and health management system for all persons at the mine including contractors;\nto give a contractor for the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to—\nidentify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and\ncomply with section 40 (1) (d) ;\nto review safety and health management plans of contractors and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system;\nto develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine;\nto ensure no work is undertaken by a worker at the mine, or operational ROC worker for the mine, until the worker—\nhas been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and\nhas received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and\nhas received training so the worker is competent to perform the worker’s duties;\nto provide for—\nadequate planning, organisation, leadership and control of operations; and\nthe carrying out of critical work at the mine that requires particular technical competencies; and\nadequate supervision and control of operations on each shift at the mine; and\nregular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and\nappropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and\nthe development of a schedule of when inspections, including regular periodic inspections, must be carried out; and\nadequate supervision and monitoring of contractors at the mine.\nSubsection (1) (c) , (d) , (e) and (g) (i) does not apply to a site senior executive of a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine.\nHowever, a regulation may specify an opal or gem mine mentioned in subsection (2) to be a mine to which subsection (1) (c) , (d) , (e) and (g) (i) applies because of the size, nature or complexity of the mine’s operations.\ns 39 amd 2010 No. 17 s 62 ; 2011 No. 2 s 79 ; 2018 No. 28 s 56 ; 2024 No. 34 s 157\n(sec.39-ssec.1) A site senior executive for a mine has the following obligations in relation to the safety and health of persons who may be affected by operations— to ensure the risk to persons from operations is at an acceptable level; to ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level; to develop and implement a safety and health management system for all persons at the mine including contractors; to give a contractor for the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to— identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and comply with section 40 (1) (d) ; to review safety and health management plans of contractors and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system; to develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine; to ensure no work is undertaken by a worker at the mine, or operational ROC worker for the mine, until the worker— has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and has received training so the worker is competent to perform the worker’s duties; to provide for— adequate planning, organisation, leadership and control of operations; and the carrying out of critical work at the mine that requires particular technical competencies; and adequate supervision and control of operations on each shift at the mine; and regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and adequate supervision and monitoring of contractors at the mine.\n(sec.39-ssec.2) Subsection (1) (c) , (d) , (e) and (g) (i) does not apply to a site senior executive of a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine.\n(sec.39-ssec.3) However, a regulation may specify an opal or gem mine mentioned in subsection (2) to be a mine to which subsection (1) (c) , (d) , (e) and (g) (i) applies because of the size, nature or complexity of the mine’s operations.\n- (a) to ensure the risk to persons from operations is at an acceptable level;\n- (b) to ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level;\n- (c) to develop and implement a safety and health management system for all persons at the mine including contractors;\n- (d) to give a contractor for the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to— (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and (ii) comply with section 40 (1) (d) ;\n- (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and\n- (ii) comply with section 40 (1) (d) ;\n- (e) to review safety and health management plans of contractors and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system;\n- (f) to develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine;\n- (g) to ensure no work is undertaken by a worker at the mine, or operational ROC worker for the mine, until the worker— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and (iii) has received training so the worker is competent to perform the worker’s duties;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and\n- (iii) has received training so the worker is competent to perform the worker’s duties;\n- (h) to provide for— (i) adequate planning, organisation, leadership and control of operations; and (ii) the carrying out of critical work at the mine that requires particular technical competencies; and (iii) adequate supervision and control of operations on each shift at the mine; and (iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and (v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and (vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and (vii) adequate supervision and monitoring of contractors at the mine.\n- (i) adequate planning, organisation, leadership and control of operations; and\n- (ii) the carrying out of critical work at the mine that requires particular technical competencies; and\n- (iii) adequate supervision and control of operations on each shift at the mine; and\n- (iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and\n- (v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and\n- (vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and\n- (vii) adequate supervision and monitoring of contractors at the mine.\n- (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and\n- (ii) comply with section 40 (1) (d) ;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and\n- (iii) has received training so the worker is competent to perform the worker’s duties;\n- (i) adequate planning, organisation, leadership and control of operations; and\n- (ii) the carrying out of critical work at the mine that requires particular technical competencies; and\n- (iii) adequate supervision and control of operations on each shift at the mine; and\n- (iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and\n- (v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and\n- (vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and\n- (vii) adequate supervision and monitoring of contractors at the mine.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Obligations of contractors","content":"### sec.40 Obligations of contractors\n\nA contractor for a mine has the following obligations—\nto ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;\nto ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;\nto ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine;\nto ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor—\nhas given the site senior executive for the mine a safety and health management plan; and\nhas made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;\nif the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor—\nhas been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and\nhas received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;\nto ensure no work at the mine is performed by a worker engaged by the contractor, or a worker arranged by the contractor to perform work or provide a service, until the worker—\nhas been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and\nhas received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;\nto ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor.\nSubsection (1) (b) , (d) and (e) (i) does not apply if the mine is not required to have a safety and health management system.\nIn this section—\nsafety and health management plan , of a contractor, means a plan that—\nidentifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and\nstates how the contractor intends to comply with the contractor’s obligations under this section.\ns 40 sub 2018 No. 28 s 57\namd 2024 No. 34 s 158\n(sec.40-ssec.1) A contractor for a mine has the following obligations— to ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine; to ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor— has given the site senior executive for the mine a safety and health management plan; and has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system; if the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor— has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor; to ensure no work at the mine is performed by a worker engaged by the contractor, or a worker arranged by the contractor to perform work or provide a service, until the worker— has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker; to ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor.\n(sec.40-ssec.2) Subsection (1) (b) , (d) and (e) (i) does not apply if the mine is not required to have a safety and health management system.\n(sec.40-ssec.3) In this section— safety and health management plan , of a contractor, means a plan that— identifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and states how the contractor intends to comply with the contractor’s obligations under this section.\n- (a) to ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;\n- (b) to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;\n- (c) to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine;\n- (d) to ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor— (i) has given the site senior executive for the mine a safety and health management plan; and (ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;\n- (i) has given the site senior executive for the mine a safety and health management plan; and\n- (ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;\n- (e) if the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;\n- (f) to ensure no work at the mine is performed by a worker engaged by the contractor, or a worker arranged by the contractor to perform work or provide a service, until the worker— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;\n- (g) to ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor.\n- (i) has given the site senior executive for the mine a safety and health management plan; and\n- (ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;\n- (a) identifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and\n- (b) states how the contractor intends to comply with the contractor’s obligations under this section.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at mines","content":"### sec.41 Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at mines\n\nA designer or importer of plant for use at a mine has an obligation to ensure the plant is designed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.\nA manufacturer or importer of plant for use at a mine has an obligation to ensure the plant is constructed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.\nA designer, manufacturer or importer of plant for use at a mine has an obligation to ensure the plant undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by subsection (1) or (2) .\nAlso, a designer, manufacturer, importer or supplier of plant for use at a mine has the following obligations—\nto take all reasonable steps to ensure appropriate information about the safe use of the plant is available, including information about the maintenance necessary for the safe use of the plant;\nif the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of—\nthe nature of the hazard or defect and its significance; and\nany modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\nthe name of each operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and\nthe steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\nto take the action the chief inspector reasonably requires to prevent the use of unsafe plant anywhere.\nThe chief inspector may require a designer, manufacturer, importer or supplier of plant to recall the plant to prevent its use.\nFor subsection (4) (a) , information is appropriate if the information states—\nthe use for which the plant has been designed and tested; and\nany conditions that must be followed if the plant is to be used safely so that risk to persons is at an acceptable level.\nIf a supplier of plant becomes aware of a hazard or defect associated with the plant the supplier has supplied to an operator for a mine or to a contractor for use at a mine that may create an unacceptable level of risk to users of the plant, the supplier has an obligation to take all reasonable steps to inform the operator or contractor—\nof the nature of the hazard or defect and its significance; and\nany modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.\ns 41 amd 2018 No. 28 s 58 ; 2024 No. 34 s 159\n(sec.41-ssec.1) A designer or importer of plant for use at a mine has an obligation to ensure the plant is designed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.\n(sec.41-ssec.2) A manufacturer or importer of plant for use at a mine has an obligation to ensure the plant is constructed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.\n(sec.41-ssec.3) A designer, manufacturer or importer of plant for use at a mine has an obligation to ensure the plant undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by subsection (1) or (2) .\n(sec.41-ssec.4) Also, a designer, manufacturer, importer or supplier of plant for use at a mine has the following obligations— to take all reasonable steps to ensure appropriate information about the safe use of the plant is available, including information about the maintenance necessary for the safe use of the plant; if the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of— the nature of the hazard or defect and its significance; and any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and the name of each operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and the steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ; to take the action the chief inspector reasonably requires to prevent the use of unsafe plant anywhere. The chief inspector may require a designer, manufacturer, importer or supplier of plant to recall the plant to prevent its use.\n(sec.41-ssec.5) For subsection (4) (a) , information is appropriate if the information states— the use for which the plant has been designed and tested; and any conditions that must be followed if the plant is to be used safely so that risk to persons is at an acceptable level.\n(sec.41-ssec.6) If a supplier of plant becomes aware of a hazard or defect associated with the plant the supplier has supplied to an operator for a mine or to a contractor for use at a mine that may create an unacceptable level of risk to users of the plant, the supplier has an obligation to take all reasonable steps to inform the operator or contractor— of the nature of the hazard or defect and its significance; and any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.\n- (a) to take all reasonable steps to ensure appropriate information about the safe use of the plant is available, including information about the maintenance necessary for the safe use of the plant;\n- (b) if the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of— (i) the nature of the hazard or defect and its significance; and (ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and (iii) the name of each operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and (iv) the steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (i) the nature of the hazard or defect and its significance; and\n- (ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\n- (iii) the name of each operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and\n- (iv) the steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (c) to take the action the chief inspector reasonably requires to prevent the use of unsafe plant anywhere.\n- (i) the nature of the hazard or defect and its significance; and\n- (ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\n- (iii) the name of each operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and\n- (iv) the steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (a) the use for which the plant has been designed and tested; and\n- (b) any conditions that must be followed if the plant is to be used safely so that risk to persons is at an acceptable level.\n- (a) of the nature of the hazard or defect and its significance; and\n- (b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Obligations of erectors and installers of plant","content":"### sec.42 Obligations of erectors and installers of plant\n\nAn erector or installer of plant at a mine has an obligation—\nto erect or install the plant in a way that is safe and does not expose persons at the mine to an unacceptable level of risk; and\nto ensure nothing about the way the plant was erected or installed makes it unsafe or likely to expose persons at the mine to an unacceptable level of risk when used properly.\n- (a) to erect or install the plant in a way that is safe and does not expose persons at the mine to an unacceptable level of risk; and\n- (b) to ensure nothing about the way the plant was erected or installed makes it unsafe or likely to expose persons at the mine to an unacceptable level of risk when used properly.","sortOrder":55},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Obligations of designers, constructors and erectors of earthworks","content":"### sec.42A Obligations of designers, constructors and erectors of earthworks\n\nA designer of earthworks at a mine has an obligation to ensure the earthworks are designed so that, when used properly, the risk to persons from the use of the earthworks is at an acceptable level.\ntailings dam, berm\nA constructor or erector of earthworks at a mine has an obligation—\nto construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and\nto ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly.\ns 42A ins 2011 No. 2 s 80\n(sec.42A-ssec.1) A designer of earthworks at a mine has an obligation to ensure the earthworks are designed so that, when used properly, the risk to persons from the use of the earthworks is at an acceptable level. tailings dam, berm\n(sec.42A-ssec.2) A constructor or erector of earthworks at a mine has an obligation— to construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and to ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly.\n- (a) to construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and\n- (b) to ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Obligations of manufacturers, importers and suppliers of substances for use at mines","content":"### sec.43 Obligations of manufacturers, importers and suppliers of substances for use at mines\n\nA manufacturer or importer of a substance for use at a mine has the following obligations—\nto ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level;\nto ensure the substance undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by paragraph (a) .\nAlso, a manufacturer, importer or supplier of a substance for use at a mine has the following obligations—\nto ensure appropriate information about the safe use, storage and disposal of the substance is provided with the substance;\nif the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of—\nthe nature of the hazard or defect and its significance; and\nany modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\nthe name of each operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and\nthe steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\nto take the action the chief inspector reasonably requires to prevent the use of an unsafe substance at a mine.\nThe chief inspector may require a manufacturer, importer or supplier of a substance to recall the substance to prevent its use.\nFor subsection (2) (a) , information is appropriate if the information clearly identifies the substance and states—\nthe precautions, if any, to be taken for the safe use, storage or disposal of the substance; and\nthe risks, if any, associated with the use, storage or disposal of the substance.\nIf a supplier of a substance for use at a mine becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, the supplier has an obligation to take all reasonable steps to inform each operator or contractor to whom the supplier has supplied the substance of—\nthe nature of the hazard or defect and its significance; and\nany modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.\ns 43 amd 2018 No. 28 s 59 ; 2024 No. 34 s 160\n(sec.43-ssec.1) A manufacturer or importer of a substance for use at a mine has the following obligations— to ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level; to ensure the substance undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by paragraph (a) .\n(sec.43-ssec.2) Also, a manufacturer, importer or supplier of a substance for use at a mine has the following obligations— to ensure appropriate information about the safe use, storage and disposal of the substance is provided with the substance; if the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of— the nature of the hazard or defect and its significance; and any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and the name of each operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and the steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ; to take the action the chief inspector reasonably requires to prevent the use of an unsafe substance at a mine. The chief inspector may require a manufacturer, importer or supplier of a substance to recall the substance to prevent its use.\n(sec.43-ssec.3) For subsection (2) (a) , information is appropriate if the information clearly identifies the substance and states— the precautions, if any, to be taken for the safe use, storage or disposal of the substance; and the risks, if any, associated with the use, storage or disposal of the substance.\n(sec.43-ssec.4) If a supplier of a substance for use at a mine becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, the supplier has an obligation to take all reasonable steps to inform each operator or contractor to whom the supplier has supplied the substance of— the nature of the hazard or defect and its significance; and any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.\n- (a) to ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level;\n- (b) to ensure the substance undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by paragraph (a) .\n- (a) to ensure appropriate information about the safe use, storage and disposal of the substance is provided with the substance;\n- (b) if the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of— (i) the nature of the hazard or defect and its significance; and (ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and (iii) the name of each operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and (iv) the steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (i) the nature of the hazard or defect and its significance; and\n- (ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\n- (iii) the name of each operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and\n- (iv) the steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (c) to take the action the chief inspector reasonably requires to prevent the use of an unsafe substance at a mine.\n- (i) the nature of the hazard or defect and its significance; and\n- (ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\n- (iii) the name of each operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and\n- (iv) the steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (a) the precautions, if any, to be taken for the safe use, storage or disposal of the substance; and\n- (b) the risks, if any, associated with the use, storage or disposal of the substance.\n- (a) the nature of the hazard or defect and its significance; and\n- (b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 sub 2018 No. 28 s 60\nom 2024 No. 34 s 161","sortOrder":58},{"sectionNumber":"pt.3-div.3A","sectionType":"division","heading":"Obligations of officers of corporations","content":"## Obligations of officers of corporations","sortOrder":59},{"sectionNumber":"sec.44A","sectionType":"section","heading":"Obligation of officers of corporations","content":"### sec.44A Obligation of officers of corporations\n\nIf a corporation has an obligation under this Act, an officer of the corporation must exercise due diligence to ensure the corporation complies with the obligation.\nAn officer of a corporation may be convicted or found guilty of an offence under this Act relating to an obligation of the officer whether or not the corporation has been convicted or found guilty of an offence under this Act relating to an obligation of the corporation.\nIn this section, due diligence includes taking reasonable steps—\nto acquire and keep up-to-date knowledge of mine safety and health matters; and\nto gain an understanding of the nature of operations at a mine and generally of the hazards, risks and critical controls associated with those operations; and\nto ensure the corporation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety and health from work carried out as part of operations; and\nto ensure the corporation has appropriate processes for receiving and considering information regarding incidents, hazards, risks and critical controls and responding in a timely way to that information; and\nto ensure the corporation has, and implements, processes for complying with any obligation of the corporation under this Act; and\nto verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e) .\nIf the corporation is the operator for a mine, verifying the provision and use of the resources and processes to ensure the operator complies with the requirement under section 38 (1) (f) (including, for example, having regard to each report given by the operator in relation to an audit of the effectiveness and implementation of the mine’s safety and health management system).\nIn this section—\nofficer , of a corporation, does not include a person appointed as, or whose position reports directly or indirectly to, the site senior executive for a mine.\ns 44A ins 2018 No. 28 s 61\namd 2024 No. 34 s 162\n(sec.44A-ssec.1) If a corporation has an obligation under this Act, an officer of the corporation must exercise due diligence to ensure the corporation complies with the obligation.\n(sec.44A-ssec.2) An officer of a corporation may be convicted or found guilty of an offence under this Act relating to an obligation of the officer whether or not the corporation has been convicted or found guilty of an offence under this Act relating to an obligation of the corporation.\n(sec.44A-ssec.3) In this section, due diligence includes taking reasonable steps— to acquire and keep up-to-date knowledge of mine safety and health matters; and to gain an understanding of the nature of operations at a mine and generally of the hazards, risks and critical controls associated with those operations; and to ensure the corporation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety and health from work carried out as part of operations; and to ensure the corporation has appropriate processes for receiving and considering information regarding incidents, hazards, risks and critical controls and responding in a timely way to that information; and to ensure the corporation has, and implements, processes for complying with any obligation of the corporation under this Act; and to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e) . If the corporation is the operator for a mine, verifying the provision and use of the resources and processes to ensure the operator complies with the requirement under section 38 (1) (f) (including, for example, having regard to each report given by the operator in relation to an audit of the effectiveness and implementation of the mine’s safety and health management system).\n(sec.44A-ssec.4) In this section— officer , of a corporation, does not include a person appointed as, or whose position reports directly or indirectly to, the site senior executive for a mine.\n- (a) to acquire and keep up-to-date knowledge of mine safety and health matters; and\n- (b) to gain an understanding of the nature of operations at a mine and generally of the hazards, risks and critical controls associated with those operations; and\n- (c) to ensure the corporation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety and health from work carried out as part of operations; and\n- (d) to ensure the corporation has appropriate processes for receiving and considering information regarding incidents, hazards, risks and critical controls and responding in a timely way to that information; and\n- (e) to ensure the corporation has, and implements, processes for complying with any obligation of the corporation under this Act; and\n- (f) to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e) . Example for paragraph (f) — If the corporation is the operator for a mine, verifying the provision and use of the resources and processes to ensure the operator complies with the requirement under section 38 (1) (f) (including, for example, having regard to each report given by the operator in relation to an audit of the effectiveness and implementation of the mine’s safety and health management system).","sortOrder":60},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Defences","content":"## Defences","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Defences for div 2 , 3 or 3A","content":"### sec.45 Defences for div 2 , 3 or 3A\n\nIt is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2 , 3 or 3A in relation to a risk for the person to prove—\nif a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or\nsubject to paragraph (a) , if a guideline has been made stating a way or ways to achieve an acceptable level of a risk—\nthat the person adopted and followed a stated way to prevent the contravention; or\nthat the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or\nif no regulation prescribes or no guideline states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention.\nAlso, it is a defence in a proceeding against a person for an offence against section 31 for the person to prove that the commission of the offence was due to causes over which the person had no control.\nThe Criminal Code , sections 23 and 24 , do not apply in relation to a contravention of section 31 .\nIn this section, a reference to a guideline is a reference to the guideline in force at the time of the contravention.\ns 45 amd 2018 No. 28 s 62\n(sec.45-ssec.1) It is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2 , 3 or 3A in relation to a risk for the person to prove— if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or subject to paragraph (a) , if a guideline has been made stating a way or ways to achieve an acceptable level of a risk— that the person adopted and followed a stated way to prevent the contravention; or that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or if no regulation prescribes or no guideline states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention.\n(sec.45-ssec.2) Also, it is a defence in a proceeding against a person for an offence against section 31 for the person to prove that the commission of the offence was due to causes over which the person had no control.\n(sec.45-ssec.3) The Criminal Code , sections 23 and 24 , do not apply in relation to a contravention of section 31 .\n(sec.45-ssec.4) In this section, a reference to a guideline is a reference to the guideline in force at the time of the contravention.\n- (a) if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or\n- (b) subject to paragraph (a) , if a guideline has been made stating a way or ways to achieve an acceptable level of a risk— (i) that the person adopted and followed a stated way to prevent the contravention; or (ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or\n- (i) that the person adopted and followed a stated way to prevent the contravention; or\n- (ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or\n- (c) if no regulation prescribes or no guideline states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention.\n- (i) that the person adopted and followed a stated way to prevent the contravention; or\n- (ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or","sortOrder":62},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Industrial manslaughter","content":"# Industrial manslaughter","sortOrder":63},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Definitions for part","content":"### sec.45A Definitions for part\n\nIn this part—\nconduct means an act or omission to perform an act.\nemployer , for a mine, means—\na person who employs or otherwise engages a worker for the mine; or\na person who arranges for a worker to work for the mine, including, for example, a labour hire agency; or\nthe operator for the mine; or\na holder for the mine.\ns 45A(1) def employer sub 2024 No. 34 s 163\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\nsenior officer , of an employer for a mine, means—\nif the employer is a corporation—an executive officer of the corporation; or\notherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.\nFor this part, a person’s conduct causes death if it substantially contributes to the death.\ns 45A ins 2020 No. 14 s 157\n(sec.45A-ssec.1) In this part— conduct means an act or omission to perform an act. employer , for a mine, means— a person who employs or otherwise engages a worker for the mine; or a person who arranges for a worker to work for the mine, including, for example, a labour hire agency; or the operator for the mine; or a holder for the mine. s 45A(1) def employer sub 2024 No. 34 s 163 executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. senior officer , of an employer for a mine, means— if the employer is a corporation—an executive officer of the corporation; or otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.\n(sec.45A-ssec.2) For this part, a person’s conduct causes death if it substantially contributes to the death.\n- (a) a person who employs or otherwise engages a worker for the mine; or\n- (b) a person who arranges for a worker to work for the mine, including, for example, a labour hire agency; or\n- (c) the operator for the mine; or\n- (d) a holder for the mine.\n- (a) if the employer is a corporation—an executive officer of the corporation; or\n- (b) otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.","sortOrder":64},{"sectionNumber":"sec.45B","sectionType":"section","heading":"Exception for the Criminal Code , s 23","content":"### sec.45B Exception for the Criminal Code , s 23\n\nThe Criminal Code , section 23 does not apply in relation to an offence against this part.\ns 45B ins 2020 No. 14 s 157","sortOrder":65},{"sectionNumber":"sec.45C","sectionType":"section","heading":"Industrial manslaughter—employer","content":"### sec.45C Industrial manslaughter—employer\n\nAn employer for a mine commits an offence if—\na worker—\ndies in the course of carrying out work at the mine; or\nis injured in the course of carrying out work at the mine and later dies; and\nthe employer’s conduct causes the death of the worker; and\nthe employer is negligent about causing the death of the worker by the conduct.\nMaximum penalty—\nfor an individual—20 years imprisonment; or\nfor a body corporate—100,000 penalty units.\nSee section 240 in relation to imputing to a body corporate particular conduct of officers, employees or agents of the body corporate.\nAn offence against subsection (1) is a crime.\ns 45C ins 2020 No. 14 s 157\n(sec.45C-ssec.1) An employer for a mine commits an offence if— a worker— dies in the course of carrying out work at the mine; or is injured in the course of carrying out work at the mine and later dies; and the employer’s conduct causes the death of the worker; and the employer is negligent about causing the death of the worker by the conduct. Maximum penalty— for an individual—20 years imprisonment; or for a body corporate—100,000 penalty units. See section 240 in relation to imputing to a body corporate particular conduct of officers, employees or agents of the body corporate.\n(sec.45C-ssec.2) An offence against subsection (1) is a crime.\n- (a) a worker— (i) dies in the course of carrying out work at the mine; or (ii) is injured in the course of carrying out work at the mine and later dies; and\n- (i) dies in the course of carrying out work at the mine; or\n- (ii) is injured in the course of carrying out work at the mine and later dies; and\n- (b) the employer’s conduct causes the death of the worker; and\n- (c) the employer is negligent about causing the death of the worker by the conduct.\n- (i) dies in the course of carrying out work at the mine; or\n- (ii) is injured in the course of carrying out work at the mine and later dies; and\n- (a) for an individual—20 years imprisonment; or\n- (b) for a body corporate—100,000 penalty units.","sortOrder":66},{"sectionNumber":"sec.45D","sectionType":"section","heading":"Industrial manslaughter—senior officer","content":"### sec.45D Industrial manslaughter—senior officer\n\nA senior officer of an employer for a mine commits an offence if—\na worker—\ndies in the course of carrying out work at the mine; or\nis injured in the course of carrying out work at the mine and later dies; and\nthe senior officer’s conduct causes the death of the worker; and\nthe senior officer is negligent about causing the death of the worker by the conduct.\nMaximum penalty—20 years imprisonment.\nAn offence against subsection (1) is a crime.\ns 45D ins 2020 No. 14 s 157\n(sec.45D-ssec.1) A senior officer of an employer for a mine commits an offence if— a worker— dies in the course of carrying out work at the mine; or is injured in the course of carrying out work at the mine and later dies; and the senior officer’s conduct causes the death of the worker; and the senior officer is negligent about causing the death of the worker by the conduct. Maximum penalty—20 years imprisonment.\n(sec.45D-ssec.2) An offence against subsection (1) is a crime.\n- (a) a worker— (i) dies in the course of carrying out work at the mine; or (ii) is injured in the course of carrying out work at the mine and later dies; and\n- (i) dies in the course of carrying out work at the mine; or\n- (ii) is injured in the course of carrying out work at the mine and later dies; and\n- (b) the senior officer’s conduct causes the death of the worker; and\n- (c) the senior officer is negligent about causing the death of the worker by the conduct.\n- (i) dies in the course of carrying out work at the mine; or\n- (ii) is injured in the course of carrying out work at the mine and later dies; and","sortOrder":67},{"sectionNumber":"pt.4","sectionType":"part","heading":"Provisions about the operation of mines","content":"# Provisions about the operation of mines","sortOrder":68},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Notices about mines","content":"## Notices about mines","sortOrder":69},{"sectionNumber":"sec.46","sectionType":"section","heading":"Notices by holder","content":"### sec.46 Notices by holder\n\nIf a holder appoints an operator, the holder must, for each mine or part of a mine for which the operator is appointed, give an inspector for the region in which the mine is situated written notice of—\nthe name and address of the operator; and\nthe name of, and a description of the land (including its boundary) comprising, the mine or part of the mine.\nMaximum penalty—40 penalty units.\nNotice must be given within 14 days of the appointment.\nThe holder must not change the operator for a mine without first giving an inspector for the region in which the mine is situated written notice.\nMaximum penalty for subsection (3) —40 penalty units.\ns 46 amd 2002 No. 25 s 27\n(sec.46-ssec.1) If a holder appoints an operator, the holder must, for each mine or part of a mine for which the operator is appointed, give an inspector for the region in which the mine is situated written notice of— the name and address of the operator; and the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine. Maximum penalty—40 penalty units.\n(sec.46-ssec.2) Notice must be given within 14 days of the appointment.\n(sec.46-ssec.3) The holder must not change the operator for a mine without first giving an inspector for the region in which the mine is situated written notice. Maximum penalty for subsection (3) —40 penalty units.\n- (a) the name and address of the operator; and\n- (b) the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine.","sortOrder":70},{"sectionNumber":"sec.47","sectionType":"section","heading":"Notices by operator","content":"### sec.47 Notices by operator\n\nThe operator for a mine must give an inspector for the region in which the mine is situated—\nif there is not a holder for the mine, notice of—\nthe operator’s name and address; and\nthe name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and\na facility description for the mine—\nif the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or\nif the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start.\nMaximum penalty—40 penalty units.\nFor subsection (1) (b) , the facility description must include enough information to decide the risk management measures that will be necessary for an effective safety and health management system.\nBefore operations start, the operator must give an inspector for the region in which the mine is situated notice of the day operations are to start.\nMaximum penalty—40 penalty units.\nAlso, the operator must, within 7 days after the appointment, give an inspector for the region in which the mine is situated notice of the following appointments including the name and address of the person appointed—\nthe appointment of a site senior executive;\nan appointment under section 52 .\nMaximum penalty—40 penalty units.\nWhen land is added to or omitted from a mine, the operator must, within 1 month after the addition or omission, give to an inspector for the region in which the mine is situated written particulars of the land (including its boundary) added or omitted.\nMaximum penalty—40 penalty units.\nIf operations permanently stop at the mine, the operator must, within 28 days after the operations permanently stop, give an inspector for the region in which the mine is situated notice of the date on which the operations permanently stopped.\nMaximum penalty—100 penalty units.\ns 47 amd 2002 No. 25 s 28 ; 2024 No. 34 s 164\n(sec.47-ssec.1) The operator for a mine must give an inspector for the region in which the mine is situated— if there is not a holder for the mine, notice of— the operator’s name and address; and the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and a facility description for the mine— if the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or if the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start. Maximum penalty—40 penalty units.\n(sec.47-ssec.2) For subsection (1) (b) , the facility description must include enough information to decide the risk management measures that will be necessary for an effective safety and health management system.\n(sec.47-ssec.3) Before operations start, the operator must give an inspector for the region in which the mine is situated notice of the day operations are to start. Maximum penalty—40 penalty units.\n(sec.47-ssec.4) Also, the operator must, within 7 days after the appointment, give an inspector for the region in which the mine is situated notice of the following appointments including the name and address of the person appointed— the appointment of a site senior executive; an appointment under section 52 . Maximum penalty—40 penalty units.\n(sec.47-ssec.5) When land is added to or omitted from a mine, the operator must, within 1 month after the addition or omission, give to an inspector for the region in which the mine is situated written particulars of the land (including its boundary) added or omitted. Maximum penalty—40 penalty units.\n(sec.47-ssec.6) If operations permanently stop at the mine, the operator must, within 28 days after the operations permanently stop, give an inspector for the region in which the mine is situated notice of the date on which the operations permanently stopped. Maximum penalty—100 penalty units.\n- (a) if there is not a holder for the mine, notice of— (i) the operator’s name and address; and (ii) the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and\n- (i) the operator’s name and address; and\n- (ii) the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and\n- (b) a facility description for the mine— (i) if the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or (ii) if the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start.\n- (i) if the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or\n- (ii) if the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start.\n- (i) the operator’s name and address; and\n- (ii) the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and\n- (i) if the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or\n- (ii) if the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start.\n- (a) the appointment of a site senior executive;\n- (b) an appointment under section 52 .","sortOrder":71},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Notice about underground gasification activities","content":"### sec.47A Notice about underground gasification activities\n\nThis section applies if the site senior executive for a mine gives the chief inspector notice that particular exploration activities at the mine are underground gasification activities.\nThe chief inspector may by notice declare the activities to be underground gasification activities, with the agreement of the chief inspector, petroleum and gas.\nThe chief inspector must give the site senior executive a copy of the notice.\nIn this section—\nchief inspector, petroleum and gas means the chief inspector under the Petroleum and Gas (Production and Safety) Act 2004 .\ns 47A ins 2008 No. 33 s 109\n(sec.47A-ssec.1) This section applies if the site senior executive for a mine gives the chief inspector notice that particular exploration activities at the mine are underground gasification activities.\n(sec.47A-ssec.2) The chief inspector may by notice declare the activities to be underground gasification activities, with the agreement of the chief inspector, petroleum and gas.\n(sec.47A-ssec.3) The chief inspector must give the site senior executive a copy of the notice.\n(sec.47A-ssec.4) In this section— chief inspector, petroleum and gas means the chief inspector under the Petroleum and Gas (Production and Safety) Act 2004 .","sortOrder":72},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Management of mines","content":"## Management of mines","sortOrder":73},{"sectionNumber":"sec.48","sectionType":"section","heading":"Appointment of operator","content":"### sec.48 Appointment of operator\n\nThe holder for a mine may appoint a person as the operator for the mine or a separate part of a mine.\nAn appointment of a person as operator for a part of a mine that is not a separate part of a mine is ineffective.\n(sec.48-ssec.1) The holder for a mine may appoint a person as the operator for the mine or a separate part of a mine.\n(sec.48-ssec.2) An appointment of a person as operator for a part of a mine that is not a separate part of a mine is ineffective.","sortOrder":74},{"sectionNumber":"sec.49","sectionType":"section","heading":"Appointment of site senior executive","content":"### sec.49 Appointment of site senior executive\n\nAn operator for a mine or for a separate part of a mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is operator.\nMaximum penalty—500 penalty units.\nAn operator must not appoint a person to be site senior executive for more than 1 mine.\nMaximum penalty—500 penalty units.\nHowever, a person may be appointed to be site senior executive for more than 1 mine if—\nthe mines are part of a mining project; or\nthe mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or\nthe mines are adjacent and operations for winning or treating minerals or hard rock are carried on at only 1 of the mines; or\nthe mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or\nnot more than 10 workers are employed at each mine.\nIf more than 10 workers are employed at a mine or the mine is prescribed by regulation to be a mine to which this subsection applies, an operator for the mine must not appoint a person to be site senior executive for the mine, or a separate part of the mine, unless the person holds both of the following board qualifications—\na site senior executive notice;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—500 penalty units.\nA regulation may prescribe a mine to be a mine to which subsection (4) applies because of the size, nature or complexities of the mine’s operations.\nIn this section—\nappoint includes employ and purport to appoint.\ns 49 amd 2002 No. 25 s 29 ; 2018 No. 28 s 63 ; 2024 No. 34 s 165\n(sec.49-ssec.1) An operator for a mine or for a separate part of a mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is operator. Maximum penalty—500 penalty units.\n(sec.49-ssec.2) An operator must not appoint a person to be site senior executive for more than 1 mine. Maximum penalty—500 penalty units.\n(sec.49-ssec.3) However, a person may be appointed to be site senior executive for more than 1 mine if— the mines are part of a mining project; or the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or the mines are adjacent and operations for winning or treating minerals or hard rock are carried on at only 1 of the mines; or the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or not more than 10 workers are employed at each mine.\n(sec.49-ssec.4) If more than 10 workers are employed at a mine or the mine is prescribed by regulation to be a mine to which this subsection applies, an operator for the mine must not appoint a person to be site senior executive for the mine, or a separate part of the mine, unless the person holds both of the following board qualifications— a site senior executive notice; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—500 penalty units.\n(sec.49-ssec.5) A regulation may prescribe a mine to be a mine to which subsection (4) applies because of the size, nature or complexities of the mine’s operations.\n(sec.49-ssec.6) In this section— appoint includes employ and purport to appoint.\n- (a) the mines are part of a mining project; or\n- (b) the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or\n- (c) the mines are adjacent and operations for winning or treating minerals or hard rock are carried on at only 1 of the mines; or\n- (d) the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or\n- (e) not more than 10 workers are employed at each mine.\n- (a) a site senior executive notice;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .","sortOrder":75},{"sectionNumber":"sec.50","sectionType":"section","heading":"Management structure for safe operations at mines","content":"### sec.50 Management structure for safe operations at mines\n\nThe site senior executive must—\ndevelop and maintain a management structure for the mine in a way that allows development and implementation of the safety and health management system; and\ndocument the management structure.\nMaximum penalty—40 penalty units.\nThe document must—\nstate the responsibilities of the site senior executive; and\nstate the responsibilities and competencies required for senior positions in the structure; and\nstate the names of the persons holding the senior positions and their competencies; and\nstate the name of the person who is responsible for establishing and implementing a system for managing contractors at the mine; and\nprovide for a competent person to perform the duties of a supervisor while the supervisor is absent.\nMaximum penalty—40 penalty units.\nFor subsection (2) (b) , an inspector may by notice given to the site senior executive declare a position to be a senior position.\ns 50 amd 2002 No. 25 s 30 ; 2018 No. 28 s 64 ; 2024 No. 34 s 166\n(sec.50-ssec.1) The site senior executive must— develop and maintain a management structure for the mine in a way that allows development and implementation of the safety and health management system; and document the management structure. Maximum penalty—40 penalty units.\n(sec.50-ssec.2) The document must— state the responsibilities of the site senior executive; and state the responsibilities and competencies required for senior positions in the structure; and state the names of the persons holding the senior positions and their competencies; and state the name of the person who is responsible for establishing and implementing a system for managing contractors at the mine; and provide for a competent person to perform the duties of a supervisor while the supervisor is absent. Maximum penalty—40 penalty units.\n(sec.50-ssec.3) For subsection (2) (b) , an inspector may by notice given to the site senior executive declare a position to be a senior position.\n- (a) develop and maintain a management structure for the mine in a way that allows development and implementation of the safety and health management system; and\n- (b) document the management structure.\n- (a) state the responsibilities of the site senior executive; and\n- (b) state the responsibilities and competencies required for senior positions in the structure; and\n- (c) state the names of the persons holding the senior positions and their competencies; and\n- (d) state the name of the person who is responsible for establishing and implementing a system for managing contractors at the mine; and\n- (e) provide for a competent person to perform the duties of a supervisor while the supervisor is absent.","sortOrder":76},{"sectionNumber":"sec.51","sectionType":"section","heading":"Appointment of supervisors","content":"### sec.51 Appointment of supervisors\n\nThe site senior executive for a mine must not appoint a person to be a supervisor at the mine unless the person—\nis competent to be a supervisor; and\nif there is a safety and health competency for supervisors recognised by the committee—has the relevant competency.\nMaximum penalty—100 penalty units.\ns 51 amd 2010 No. 17 s 60 sch\nsub 2024 No. 34 s 167\n- (a) is competent to be a supervisor; and\n- (b) if there is a safety and health competency for supervisors recognised by the committee—has the relevant competency.","sortOrder":77},{"sectionNumber":"sec.52","sectionType":"section","heading":"Acting site senior executive","content":"### sec.52 Acting site senior executive\n\nIf the site senior executive is temporarily absent from duty for more than 14 days, the operator for the mine must appoint, in writing, a person to act as the site senior executive during the absence.\nMaximum penalty—100 penalty units.\nThe person acting as the site senior executive is subject to all of the obligations of a site senior executive.\ns 52 amd 2024 No. 34 s 168\n(sec.52-ssec.1) If the site senior executive is temporarily absent from duty for more than 14 days, the operator for the mine must appoint, in writing, a person to act as the site senior executive during the absence. Maximum penalty—100 penalty units.\n(sec.52-ssec.2) The person acting as the site senior executive is subject to all of the obligations of a site senior executive.","sortOrder":78},{"sectionNumber":"sec.53","sectionType":"section","heading":"Additional requirements for management of underground mines","content":"### sec.53 Additional requirements for management of underground mines\n\nThe site senior executive must appoint a person to be underground mine manager to control and manage an underground mine.\nMaximum penalty—400 penalty units.\nHowever, the site senior executive may be appointed underground mine manager by the operator for the mine.\nIf 20 or more persons work underground in a mine—\nthe site senior executive must not appoint a person as an underground mine manager unless the person has both of the following board qualifications—\na first class certificate of competency for an underground mine;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; and\nthe operator must not appoint the site senior executive as underground mine manager unless the site senior executive holds both of the following board qualifications—\na first class certificate of competency for an underground mine;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) .\nMaximum penalty—400 penalty units.\nThe operator or site senior executive may appoint a person as underground mine manager for more than 1 mine at the same time only with the written approval of the chief inspector.\nMaximum penalty—200 penalty units.\nAs soon as practicable after appointing an underground mine manager, the operator or site senior executive must give an inspector for the region in which an underground mine is situated notice of the appointment.\nMaximum penalty—40 penalty units.\ns 53 amd 2024 No. 34 s 169\n(sec.53-ssec.1) The site senior executive must appoint a person to be underground mine manager to control and manage an underground mine. Maximum penalty—400 penalty units.\n(sec.53-ssec.2) However, the site senior executive may be appointed underground mine manager by the operator for the mine.\n(sec.53-ssec.3) If 20 or more persons work underground in a mine— the site senior executive must not appoint a person as an underground mine manager unless the person has both of the following board qualifications— a first class certificate of competency for an underground mine; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; and the operator must not appoint the site senior executive as underground mine manager unless the site senior executive holds both of the following board qualifications— a first class certificate of competency for an underground mine; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) . Maximum penalty—400 penalty units.\n(sec.53-ssec.4) The operator or site senior executive may appoint a person as underground mine manager for more than 1 mine at the same time only with the written approval of the chief inspector. Maximum penalty—200 penalty units.\n(sec.53-ssec.5) As soon as practicable after appointing an underground mine manager, the operator or site senior executive must give an inspector for the region in which an underground mine is situated notice of the appointment. Maximum penalty—40 penalty units.\n- (a) the site senior executive must not appoint a person as an underground mine manager unless the person has both of the following board qualifications— (i) a first class certificate of competency for an underground mine; (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; and\n- (i) a first class certificate of competency for an underground mine;\n- (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; and\n- (b) the operator must not appoint the site senior executive as underground mine manager unless the site senior executive holds both of the following board qualifications— (i) a first class certificate of competency for an underground mine; (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) .\n- (i) a first class certificate of competency for an underground mine;\n- (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) .\n- (i) a first class certificate of competency for an underground mine;\n- (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; and\n- (i) a first class certificate of competency for an underground mine;\n- (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) .","sortOrder":79},{"sectionNumber":"sec.54","sectionType":"section","heading":"Acting underground mine manager","content":"### sec.54 Acting underground mine manager\n\nIf the underground mine manager is temporarily absent from duty for more than 14 days, the operator or the site senior executive for the mine must appoint, in writing, a person to act as underground mine manager during the absence.\nMaximum penalty—100 penalty units.\nTo remove doubt, section 53 (2) to (5) applies to an appointment under subsection (1) .\nThe person acting as the underground mine manager is subject to all of the obligations of an underground mine manager.\ns 54 amd 2024 No. 34 s 170\n(sec.54-ssec.1) If the underground mine manager is temporarily absent from duty for more than 14 days, the operator or the site senior executive for the mine must appoint, in writing, a person to act as underground mine manager during the absence. Maximum penalty—100 penalty units.\n(sec.54-ssec.2) To remove doubt, section 53 (2) to (5) applies to an appointment under subsection (1) .\n(sec.54-ssec.3) The person acting as the underground mine manager is subject to all of the obligations of an underground mine manager.","sortOrder":80},{"sectionNumber":"sec.54A","sectionType":"section","heading":"Appointment of ventilation officer","content":"### sec.54A Appointment of ventilation officer\n\nThis section applies to an underground mine.\nThe site senior executive for the mine must appoint a person as the ventilation officer for the mine.\nMaximum penalty—200 penalty units.\nThe site senior executive must not appoint a person as the ventilation officer for the mine unless—\nif more than 10 persons but not more than 20 persons work underground in the mine or the mine is prescribed by regulation to be a mine to which this paragraph applies—the site senior executive is satisfied the person is competent to perform the duties of the ventilation officer for the mine; or\nif more than 20 persons work underground in the mine or the mine is prescribed by regulation to be a mine to which this paragraph applies—the person has competencies recognised by the committee as appropriate for the duties and responsibilities of the position.\nMaximum penalty—200 penalty units.\nA regulation may prescribe an underground mine to be a mine to which subsection (3) (a) or (b) applies because of the size, nature or complexities of the mine’s operations.\nThe ventilation officer for the mine is responsible for—\nthe implementation of the mine’s ventilation system; and\nthe establishment of effective standards of ventilation for the mine.\nThe site senior executive must not appoint a person as ventilation officer at more than 1 mine at the same time unless the chief inspector gives the site senior executive notice that the chief inspector is satisfied the person can effectively carry out the duties of the ventilation officer at the mines.\nMaximum penalty for subsection (6) —200 penalty units.\ns 54A ins 2018 No. 28 s 65\n(sec.54A-ssec.1) This section applies to an underground mine.\n(sec.54A-ssec.2) The site senior executive for the mine must appoint a person as the ventilation officer for the mine. Maximum penalty—200 penalty units.\n(sec.54A-ssec.3) The site senior executive must not appoint a person as the ventilation officer for the mine unless— if more than 10 persons but not more than 20 persons work underground in the mine or the mine is prescribed by regulation to be a mine to which this paragraph applies—the site senior executive is satisfied the person is competent to perform the duties of the ventilation officer for the mine; or if more than 20 persons work underground in the mine or the mine is prescribed by regulation to be a mine to which this paragraph applies—the person has competencies recognised by the committee as appropriate for the duties and responsibilities of the position. Maximum penalty—200 penalty units.\n(sec.54A-ssec.4) A regulation may prescribe an underground mine to be a mine to which subsection (3) (a) or (b) applies because of the size, nature or complexities of the mine’s operations.\n(sec.54A-ssec.5) The ventilation officer for the mine is responsible for— the implementation of the mine’s ventilation system; and the establishment of effective standards of ventilation for the mine.\n(sec.54A-ssec.6) The site senior executive must not appoint a person as ventilation officer at more than 1 mine at the same time unless the chief inspector gives the site senior executive notice that the chief inspector is satisfied the person can effectively carry out the duties of the ventilation officer at the mines. Maximum penalty for subsection (6) —200 penalty units.\n- (a) if more than 10 persons but not more than 20 persons work underground in the mine or the mine is prescribed by regulation to be a mine to which this paragraph applies—the site senior executive is satisfied the person is competent to perform the duties of the ventilation officer for the mine; or\n- (b) if more than 20 persons work underground in the mine or the mine is prescribed by regulation to be a mine to which this paragraph applies—the person has competencies recognised by the committee as appropriate for the duties and responsibilities of the position.\n- (a) the implementation of the mine’s ventilation system; and\n- (b) the establishment of effective standards of ventilation for the mine.","sortOrder":81},{"sectionNumber":"sec.54B","sectionType":"section","heading":"Absence of ventilation officer","content":"### sec.54B Absence of ventilation officer\n\nThis section applies if the ventilation officer appointed under section 54A for an underground mine is temporarily absent from duty.\nIf the absence is for not more than 14 days, the duties and responsibilities of the ventilation officer are taken to be assumed by the underground mine manager during the absence.\nSubsection (2) applies regardless of whether the underground mine manager satisfies any requirements that apply under section 54A (3) (a) or (b) for appointing a person as the ventilation officer for the mine.\nAn inspector may, by notice—\nrequire an underground mine manager assuming the duties and responsibilities of the ventilation officer to demonstrate to the inspector’s satisfaction that the manager can effectively carry out the duties and responsibilities of both the underground mine manager and the ventilation officer; and\nif the underground mine manager can not satisfy the inspector as mentioned in paragraph (a) —require the site senior executive for the mine to appoint a person to act as the ventilation officer during the remainder of the absence.\nIf the absence is for more than 14 days or the site senior executive is given a notice under subsection (4) (b) , the site senior executive for the mine must appoint a person to act as the ventilation officer during the absence.\nMaximum penalty—200 penalty units.\nThe site senior executive must not appoint a person under subsection (5) unless the person satisfies any requirements that apply under section 54A (3) (a) or (b) for appointing a person as the ventilation officer for the mine.\nMaximum penalty—200 penalty units.\ns 54B ins 2018 No. 28 s 65\n(sec.54B-ssec.1) This section applies if the ventilation officer appointed under section 54A for an underground mine is temporarily absent from duty.\n(sec.54B-ssec.2) If the absence is for not more than 14 days, the duties and responsibilities of the ventilation officer are taken to be assumed by the underground mine manager during the absence.\n(sec.54B-ssec.3) Subsection (2) applies regardless of whether the underground mine manager satisfies any requirements that apply under section 54A (3) (a) or (b) for appointing a person as the ventilation officer for the mine.\n(sec.54B-ssec.4) An inspector may, by notice— require an underground mine manager assuming the duties and responsibilities of the ventilation officer to demonstrate to the inspector’s satisfaction that the manager can effectively carry out the duties and responsibilities of both the underground mine manager and the ventilation officer; and if the underground mine manager can not satisfy the inspector as mentioned in paragraph (a) —require the site senior executive for the mine to appoint a person to act as the ventilation officer during the remainder of the absence.\n(sec.54B-ssec.5) If the absence is for more than 14 days or the site senior executive is given a notice under subsection (4) (b) , the site senior executive for the mine must appoint a person to act as the ventilation officer during the absence. Maximum penalty—200 penalty units.\n(sec.54B-ssec.6) The site senior executive must not appoint a person under subsection (5) unless the person satisfies any requirements that apply under section 54A (3) (a) or (b) for appointing a person as the ventilation officer for the mine. Maximum penalty—200 penalty units.\n- (a) require an underground mine manager assuming the duties and responsibilities of the ventilation officer to demonstrate to the inspector’s satisfaction that the manager can effectively carry out the duties and responsibilities of both the underground mine manager and the ventilation officer; and\n- (b) if the underground mine manager can not satisfy the inspector as mentioned in paragraph (a) —require the site senior executive for the mine to appoint a person to act as the ventilation officer during the remainder of the absence.","sortOrder":82},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Safety and health management systems","content":"## Safety and health management systems","sortOrder":83},{"sectionNumber":"sec.55","sectionType":"section","heading":"Safety and health management system","content":"### sec.55 Safety and health management system\n\nThe safety and health management system, for a mine, is a single system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by operations.\nThe safety and health management system must be a single, auditable documented system that—\nforms part of an overall management system; and\nincludes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy.\nThe safety and health management system must provide a single, comprehensive and integrated system for the management of all aspects of risks to safety and health in relation to the operation of the mine including any remote operating centre, or the remote operation of plant or equipment, for the mine.\nThe safety and health management system for a mine must be in place before operations start at the mine.\nThe safety and health management system must be effective to achieve an acceptable level of risk by—\ndefining the operator’s safety and health policy; and\ncontaining a plan to implement the operator’s safety and health policy; and\nstating how the operator intends to develop the capabilities and support mechanisms necessary to achieve the policy; and\nincluding procedures for the operation of the mine and standard work instructions; and\nidentifying critical controls; and\ncontaining a way of—\nmeasuring, monitoring and evaluating the performance of the safety and health management system; and\ntaking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and\ncontaining a plan to regularly review and continually improve the safety and health management system so that risk to persons at the mine is at an acceptable level; and\nif there is a significant change to the mining operations of the mine, containing a plan to immediately review the safety and health management system so that risk to persons is at an acceptable level.\nThe site senior executive must make available for inspection, by workers employed at the mine, and ROC workers employed for the mine, a copy of the safety and health management system.\nMaximum penalty—100 penalty units.\ns 55 amd 2018 No. 28 s 66 ; 2024 No. 34 s 171\n(sec.55-ssec.1) The safety and health management system, for a mine, is a single system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by operations.\n(sec.55-ssec.2) The safety and health management system must be a single, auditable documented system that— forms part of an overall management system; and includes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy.\n(sec.55-ssec.3) The safety and health management system must provide a single, comprehensive and integrated system for the management of all aspects of risks to safety and health in relation to the operation of the mine including any remote operating centre, or the remote operation of plant or equipment, for the mine.\n(sec.55-ssec.4) The safety and health management system for a mine must be in place before operations start at the mine.\n(sec.55-ssec.5) The safety and health management system must be effective to achieve an acceptable level of risk by— defining the operator’s safety and health policy; and containing a plan to implement the operator’s safety and health policy; and stating how the operator intends to develop the capabilities and support mechanisms necessary to achieve the policy; and including procedures for the operation of the mine and standard work instructions; and identifying critical controls; and containing a way of— measuring, monitoring and evaluating the performance of the safety and health management system; and taking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and containing a plan to regularly review and continually improve the safety and health management system so that risk to persons at the mine is at an acceptable level; and if there is a significant change to the mining operations of the mine, containing a plan to immediately review the safety and health management system so that risk to persons is at an acceptable level.\n(sec.55-ssec.6) The site senior executive must make available for inspection, by workers employed at the mine, and ROC workers employed for the mine, a copy of the safety and health management system. Maximum penalty—100 penalty units.\n- (a) forms part of an overall management system; and\n- (b) includes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy.\n- (a) defining the operator’s safety and health policy; and\n- (b) containing a plan to implement the operator’s safety and health policy; and\n- (c) stating how the operator intends to develop the capabilities and support mechanisms necessary to achieve the policy; and\n- (d) including procedures for the operation of the mine and standard work instructions; and\n- (e) identifying critical controls; and\n- (f) containing a way of— (i) measuring, monitoring and evaluating the performance of the safety and health management system; and (ii) taking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and\n- (i) measuring, monitoring and evaluating the performance of the safety and health management system; and\n- (ii) taking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and\n- (g) containing a plan to regularly review and continually improve the safety and health management system so that risk to persons at the mine is at an acceptable level; and\n- (h) if there is a significant change to the mining operations of the mine, containing a plan to immediately review the safety and health management system so that risk to persons is at an acceptable level.\n- (i) measuring, monitoring and evaluating the performance of the safety and health management system; and\n- (ii) taking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and","sortOrder":84},{"sectionNumber":"sec.56","sectionType":"section","heading":"Review of safety and health management system","content":"### sec.56 Review of safety and health management system\n\nThis section applies if—\na safety and health management system has been developed for a new mine; or\nit is proposed to change a safety and health management system at an existing mine.\nThe site senior executive must review the system in consultation with—\nworkers, to the extent they are affected by the system; or\nappropriate site safety and health representatives and committees.\nMaximum penalty—200 penalty units.\nThe review under subsection (2) must take place—\nfor a new mine—as soon as practicable after the start of operations; or\nfor a change at an existing mine—before the change is effected.\n(sec.56-ssec.1) This section applies if— a safety and health management system has been developed for a new mine; or it is proposed to change a safety and health management system at an existing mine.\n(sec.56-ssec.2) The site senior executive must review the system in consultation with— workers, to the extent they are affected by the system; or appropriate site safety and health representatives and committees. Maximum penalty—200 penalty units.\n(sec.56-ssec.3) The review under subsection (2) must take place— for a new mine—as soon as practicable after the start of operations; or for a change at an existing mine—before the change is effected.\n- (a) a safety and health management system has been developed for a new mine; or\n- (b) it is proposed to change a safety and health management system at an existing mine.\n- (a) workers, to the extent they are affected by the system; or\n- (b) appropriate site safety and health representatives and committees.\n- (a) for a new mine—as soon as practicable after the start of operations; or\n- (b) for a change at an existing mine—before the change is effected.","sortOrder":85},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Records and reporting","content":"## Records and reporting","sortOrder":86},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Changes in management structure to be reported to inspector","content":"### sec.56A Changes in management structure to be reported to inspector\n\nThe site senior executive for a mine must give notice of any change in the management structure at the mine to an inspector for the region in which the mine is situated within 14 days after the change happens.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a site senior executive for a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine.\ns 56A ins 2024 No. 34 s 172\n(sec.56A-ssec.1) The site senior executive for a mine must give notice of any change in the management structure at the mine to an inspector for the region in which the mine is situated within 14 days after the change happens. Maximum penalty—50 penalty units.\n(sec.56A-ssec.2) Subsection (1) does not apply to a site senior executive for a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine.","sortOrder":87},{"sectionNumber":"sec.57","sectionType":"section","heading":"Management structure to be recorded in the mine record","content":"### sec.57 Management structure to be recorded in the mine record\n\nThe site senior executive must enter in the mine record details of—\nthe management structure and of the persons holding senior positions in the structure; and\nchanges to the management structure.\nMaximum penalty—50 penalty units.\nThe details must be entered within 7 days after the establishment of, or changes to, the management structure.\n(sec.57-ssec.1) The site senior executive must enter in the mine record details of— the management structure and of the persons holding senior positions in the structure; and changes to the management structure. Maximum penalty—50 penalty units.\n(sec.57-ssec.2) The details must be entered within 7 days after the establishment of, or changes to, the management structure.\n- (a) the management structure and of the persons holding senior positions in the structure; and\n- (b) changes to the management structure.","sortOrder":88},{"sectionNumber":"sec.58","sectionType":"section","heading":"Plans of mine workings","content":"### sec.58 Plans of mine workings\n\nA site senior executive must keep at the mine—\nplans showing, as far as practicable—\nthe extent of the mine workings and the current position of any part of the mine workings; and\nfor an underground mine, the significant topographical features on the surface above the mine; and\nplans showing the extent of mining undertaken at or near the mine; and\ninformation likely to be required to evaluate the effect of the mine on—\nthe safety of adjoining mines; and\nany potential uncontrolled flow of material into the mine workings; and\ninformation likely to be required to evaluate the effect of any adjoining mine on the safety of the mine.\nMaximum penalty—100 penalty units.\nA site senior executive, if asked by an inspector, inspection officer or district workers’ representative, must give to the inspector, officer or representative plans showing the extent of the mine workings or the current position of any part of the mine workings and the information mentioned in subsection (1) (c) or (d) .\nMaximum penalty—100 penalty units.\nWithin 14 days after the abandonment of a mine, the person who was the operator for the mine immediately before the abandonment must give the chief inspector plans showing the extent of operations undertaken at the mine.\nMaximum penalty—100 penalty units.\nThe plans given to the chief inspector form part of the database under section 260 .\nA site senior executive of a mine must, as soon as reasonably practicable, provide information mentioned in subsection (1) (c) or (d) to the site senior executive of an adjoining mine—\nif asked by the site senior executive of the adjoining mine; or\nif the information is relevant to the safety of the adjoining mine.\nMaximum penalty—100 penalty units.\nThe accuracy of the plans mentioned in this section must be certified by—\nfor a mine other than an underground mine—a person having the competencies for surface mining surveying recognised by the committee, or registered as a surveyor or surveying associate under the Surveyors Act 2003 ; or\nfor an underground mine—a person having the competencies for underground mining surveying recognised by the committee.\nA reference in this section to plans is a reference to plans as certified under subsection (5) .\ns 58 amd 2002 No. 25 s 31 ; 2003 No. 70 s 206 sch 2 ; 2010 No. 17 s 60 sch\n(sec.58-ssec.1) A site senior executive must keep at the mine— plans showing, as far as practicable— the extent of the mine workings and the current position of any part of the mine workings; and for an underground mine, the significant topographical features on the surface above the mine; and plans showing the extent of mining undertaken at or near the mine; and information likely to be required to evaluate the effect of the mine on— the safety of adjoining mines; and any potential uncontrolled flow of material into the mine workings; and information likely to be required to evaluate the effect of any adjoining mine on the safety of the mine. Maximum penalty—100 penalty units.\n(sec.58-ssec.2) A site senior executive, if asked by an inspector, inspection officer or district workers’ representative, must give to the inspector, officer or representative plans showing the extent of the mine workings or the current position of any part of the mine workings and the information mentioned in subsection (1) (c) or (d) . Maximum penalty—100 penalty units.\n(sec.58-ssec.3) Within 14 days after the abandonment of a mine, the person who was the operator for the mine immediately before the abandonment must give the chief inspector plans showing the extent of operations undertaken at the mine. Maximum penalty—100 penalty units. The plans given to the chief inspector form part of the database under section 260 .\n(sec.58-ssec.4) A site senior executive of a mine must, as soon as reasonably practicable, provide information mentioned in subsection (1) (c) or (d) to the site senior executive of an adjoining mine— if asked by the site senior executive of the adjoining mine; or if the information is relevant to the safety of the adjoining mine. Maximum penalty—100 penalty units.\n(sec.58-ssec.5) The accuracy of the plans mentioned in this section must be certified by— for a mine other than an underground mine—a person having the competencies for surface mining surveying recognised by the committee, or registered as a surveyor or surveying associate under the Surveyors Act 2003 ; or for an underground mine—a person having the competencies for underground mining surveying recognised by the committee.\n(sec.58-ssec.6) A reference in this section to plans is a reference to plans as certified under subsection (5) .\n- (a) plans showing, as far as practicable— (i) the extent of the mine workings and the current position of any part of the mine workings; and (ii) for an underground mine, the significant topographical features on the surface above the mine; and\n- (i) the extent of the mine workings and the current position of any part of the mine workings; and\n- (ii) for an underground mine, the significant topographical features on the surface above the mine; and\n- (b) plans showing the extent of mining undertaken at or near the mine; and\n- (c) information likely to be required to evaluate the effect of the mine on— (i) the safety of adjoining mines; and (ii) any potential uncontrolled flow of material into the mine workings; and\n- (i) the safety of adjoining mines; and\n- (ii) any potential uncontrolled flow of material into the mine workings; and\n- (d) information likely to be required to evaluate the effect of any adjoining mine on the safety of the mine.\n- (i) the extent of the mine workings and the current position of any part of the mine workings; and\n- (ii) for an underground mine, the significant topographical features on the surface above the mine; and\n- (i) the safety of adjoining mines; and\n- (ii) any potential uncontrolled flow of material into the mine workings; and\n- (a) if asked by the site senior executive of the adjoining mine; or\n- (b) if the information is relevant to the safety of the adjoining mine.\n- (a) for a mine other than an underground mine—a person having the competencies for surface mining surveying recognised by the committee, or registered as a surveyor or surveying associate under the Surveyors Act 2003 ; or\n- (b) for an underground mine—a person having the competencies for underground mining surveying recognised by the committee.","sortOrder":89},{"sectionNumber":"sec.59","sectionType":"section","heading":"Mine record","content":"### sec.59 Mine record\n\nAn operator for a mine must keep a mine record that includes—\nall reports of, and findings and recommendations resulting from, inspections, investigations and audits carried out at a mine under this Act; and\nall directives issued under this Act to the operator and the operator’s agents or representatives; and\na record of all remedial actions taken as a result of directives issued under this Act; and\na record of and reports about all serious accidents and high potential incidents that have happened at the mine; and\nall other reports or information that may be prescribed under a regulation.\nMaximum penalty—200 penalty units.\nFor subsection (1) , a matter must be kept in the mine record for at least 7 years after the matter is included in the record.\nSubsection (2) applies whether the matter was included under this Act or the repealed Mines Regulation Act 1964 .\nThe operator must ensure the mine record is available for inspection by each of the following—\nworkers at the mine;\ndistrict workers’ representatives;\nthe site senior executive for the mine.\nMaximum penalty—200 penalty units.\nWithout limiting subsection (4) , if a person mentioned in subsection (4) (a) , (b) or (c) asks to inspect a matter kept in the mine record, the operator must ensure the matter is available for inspection as soon as practicable but not later than—\nif the matter was recorded in the mine record within the previous 6 months—5 days after the request is made; or\notherwise—28 days after the request is made.\nMaximum penalty—200 penalty units.\nIf a person (the former operator ) who is the operator for a mine is replaced by another person (the new operator ) as the operator for the mine, the former operator must give the new operator the mine record for the mine as soon as practicable after being replaced.\nMaximum penalty—200 penalty units.\nA person must not destroy, deface or alter the mine record so that it is no longer a correct and complete record.\nMaximum penalty—400 penalty units.\ns 59 amd 2011 No. 2 s 81 ; 2024 No. 34 s 173\n(sec.59-ssec.1) An operator for a mine must keep a mine record that includes— all reports of, and findings and recommendations resulting from, inspections, investigations and audits carried out at a mine under this Act; and all directives issued under this Act to the operator and the operator’s agents or representatives; and a record of all remedial actions taken as a result of directives issued under this Act; and a record of and reports about all serious accidents and high potential incidents that have happened at the mine; and all other reports or information that may be prescribed under a regulation. Maximum penalty—200 penalty units.\n(sec.59-ssec.2) For subsection (1) , a matter must be kept in the mine record for at least 7 years after the matter is included in the record.\n(sec.59-ssec.3) Subsection (2) applies whether the matter was included under this Act or the repealed Mines Regulation Act 1964 .\n(sec.59-ssec.4) The operator must ensure the mine record is available for inspection by each of the following— workers at the mine; district workers’ representatives; the site senior executive for the mine. Maximum penalty—200 penalty units.\n(sec.59-ssec.5) Without limiting subsection (4) , if a person mentioned in subsection (4) (a) , (b) or (c) asks to inspect a matter kept in the mine record, the operator must ensure the matter is available for inspection as soon as practicable but not later than— if the matter was recorded in the mine record within the previous 6 months—5 days after the request is made; or otherwise—28 days after the request is made. Maximum penalty—200 penalty units.\n(sec.59-ssec.6) If a person (the former operator ) who is the operator for a mine is replaced by another person (the new operator ) as the operator for the mine, the former operator must give the new operator the mine record for the mine as soon as practicable after being replaced. Maximum penalty—200 penalty units.\n(sec.59-ssec.7) A person must not destroy, deface or alter the mine record so that it is no longer a correct and complete record. Maximum penalty—400 penalty units.\n- (a) all reports of, and findings and recommendations resulting from, inspections, investigations and audits carried out at a mine under this Act; and\n- (b) all directives issued under this Act to the operator and the operator’s agents or representatives; and\n- (c) a record of all remedial actions taken as a result of directives issued under this Act; and\n- (d) a record of and reports about all serious accidents and high potential incidents that have happened at the mine; and\n- (e) all other reports or information that may be prescribed under a regulation.\n- (a) workers at the mine;\n- (b) district workers’ representatives;\n- (c) the site senior executive for the mine.\n- (a) if the matter was recorded in the mine record within the previous 6 months—5 days after the request is made; or\n- (b) otherwise—28 days after the request is made.","sortOrder":90},{"sectionNumber":"sec.60","sectionType":"section","heading":"Display of reports, directives and other information","content":"### sec.60 Display of reports, directives and other information\n\nThe site senior executive for a mine must display a copy of the following documents at the mine—\neach directive currently applying to the mine;\neach report of an inspection carried out at the mine;\neach publication of information under section 254C that may be relevant to safety and health obligations at the mine.\nFor subsection (1) , the document must be displayed in 1 or more conspicuous positions at the mine in a way likely to come to the attention of workers at the mine affected by the document.\ns 60 sub 2024 No. 34 s 174\n(sec.60-ssec.1) The site senior executive for a mine must display a copy of the following documents at the mine— each directive currently applying to the mine; each report of an inspection carried out at the mine; each publication of information under section 254C that may be relevant to safety and health obligations at the mine.\n(sec.60-ssec.2) For subsection (1) , the document must be displayed in 1 or more conspicuous positions at the mine in a way likely to come to the attention of workers at the mine affected by the document.\n- (a) each directive currently applying to the mine;\n- (b) each report of an inspection carried out at the mine;\n- (c) each publication of information under section 254C that may be relevant to safety and health obligations at the mine.","sortOrder":91},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Current or past worker entitled to training and assessment report","content":"### sec.60A Current or past worker entitled to training and assessment report\n\nThis section applies if a person is or was a worker at a mine.\nThe person may ask the site senior executive for the mine to give the person a training and assessment report for the person.\nThe site senior executive must comply with the request within 30 days after the request is made.\nMaximum penalty—200 penalty units.\nIn this section—\ntraining and assessment report , for a person who is or was a worker at a mine, means a copy of the part of the mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a worker at the mine.\ns 60A ins 2024 No. 34 s 174\n(sec.60A-ssec.1) This section applies if a person is or was a worker at a mine.\n(sec.60A-ssec.2) The person may ask the site senior executive for the mine to give the person a training and assessment report for the person.\n(sec.60A-ssec.3) The site senior executive must comply with the request within 30 days after the request is made. Maximum penalty—200 penalty units.\n(sec.60A-ssec.4) In this section— training and assessment report , for a person who is or was a worker at a mine, means a copy of the part of the mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a worker at the mine.","sortOrder":92},{"sectionNumber":"sec.60B","sectionType":"section","heading":"Site senior executive entitled to training and assessment report from another mine","content":"### sec.60B Site senior executive entitled to training and assessment report from another mine\n\nThis section applies if—\na person is a worker at a mine (the current mine ); and\nthe person has previously been a worker at another mine (the previous mine ).\nThe site senior executive for the current mine may ask the operator for the previous mine to give the site senior executive a training and assessment report for the person.\nThe operator for the previous mine must comply with the request within 30 days after the request is made.\nMaximum penalty—200 penalty units.\nIn this section—\ntraining and assessment report , for a person who was a worker at a previous mine, means a copy of the part of the previous mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a worker at the previous mine.\ns 60B ins 2024 No. 34 s 174\n(sec.60B-ssec.1) This section applies if— a person is a worker at a mine (the current mine ); and the person has previously been a worker at another mine (the previous mine ).\n(sec.60B-ssec.2) The site senior executive for the current mine may ask the operator for the previous mine to give the site senior executive a training and assessment report for the person.\n(sec.60B-ssec.3) The operator for the previous mine must comply with the request within 30 days after the request is made. Maximum penalty—200 penalty units.\n(sec.60B-ssec.4) In this section— training and assessment report , for a person who was a worker at a previous mine, means a copy of the part of the previous mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a worker at the previous mine.\n- (a) a person is a worker at a mine (the current mine ); and\n- (b) the person has previously been a worker at another mine (the previous mine ).","sortOrder":93},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Protection of abandoned mines","content":"## Protection of abandoned mines","sortOrder":94},{"sectionNumber":"sec.61","sectionType":"section","heading":"Responsibility for protecting abandoned mines","content":"### sec.61 Responsibility for protecting abandoned mines\n\nIf a mine is abandoned, the person who was the operator for the mine immediately before the abandonment must ensure at the time of abandonment that the abandoned mine is safe and made secure.\nMaximum penalty—800 penalty units.\nIf the operator does not comply with subsection (1) , the holder for the mine must ensure the abandoned mine is safe and made secure.\nMaximum penalty—800 penalty units.\nWithout limiting subsection (1) or (2) , while the holder is the holder for the mine, the holder must ensure the mine is safe and made secure.\nMaximum penalty—800 penalty units.\nIf an abandoned mine is not safe and made secure, the CEO may make it safe and secure and recover the cost of making it safe and secure from the person with the obligation to ensure the mine is safe and made secure.\nA conviction under this section with or without penalty does not affect the CEO’s ability to recover the cost of making the mine safe and secure.\nIn this section—\nenvironmental authority see the Environmental Protection Act 1994 , schedule 4 .\nholder , for a mine, includes the holder of an environmental authority to carry out operations for land on which the mine is located.\ns 61 amd 2016 No. 32 s 37 ; 2020 No. 10 s 139 sch 2\n(sec.61-ssec.1) If a mine is abandoned, the person who was the operator for the mine immediately before the abandonment must ensure at the time of abandonment that the abandoned mine is safe and made secure. Maximum penalty—800 penalty units.\n(sec.61-ssec.2) If the operator does not comply with subsection (1) , the holder for the mine must ensure the abandoned mine is safe and made secure. Maximum penalty—800 penalty units.\n(sec.61-ssec.3) Without limiting subsection (1) or (2) , while the holder is the holder for the mine, the holder must ensure the mine is safe and made secure. Maximum penalty—800 penalty units.\n(sec.61-ssec.4) If an abandoned mine is not safe and made secure, the CEO may make it safe and secure and recover the cost of making it safe and secure from the person with the obligation to ensure the mine is safe and made secure.\n(sec.61-ssec.5) A conviction under this section with or without penalty does not affect the CEO’s ability to recover the cost of making the mine safe and secure.\n(sec.61-ssec.6) In this section— environmental authority see the Environmental Protection Act 1994 , schedule 4 . holder , for a mine, includes the holder of an environmental authority to carry out operations for land on which the mine is located.","sortOrder":95},{"sectionNumber":"pt.5","sectionType":"part","heading":"Guidelines","content":"# Guidelines","sortOrder":96},{"sectionNumber":"sec.62","sectionType":"section","heading":"Purpose of guidelines","content":"### sec.62 Purpose of guidelines\n\nA guideline may be made for safety and health stating ways to achieve an acceptable level of risk to persons arising out of operations.","sortOrder":97},{"sectionNumber":"sec.63","sectionType":"section","heading":"Guidelines","content":"### sec.63 Guidelines\n\nThe Minister may make guidelines.\nThe Minister must notify the making of a guideline by gazette notice.\nThe CEO must publish on a Queensland Government website each guideline and any document applied, adopted or incorporated by the guideline.\ns 63 amd 2020 No. 10 s 104 ; 2024 No. 34 s 175\n(sec.63-ssec.1) The Minister may make guidelines.\n(sec.63-ssec.2) The Minister must notify the making of a guideline by gazette notice.\n(sec.63-ssec.3) The CEO must publish on a Queensland Government website each guideline and any document applied, adopted or incorporated by the guideline.","sortOrder":98},{"sectionNumber":"sec.64","sectionType":"section","heading":"Use of guidelines in proceedings","content":"### sec.64 Use of guidelines in proceedings\n\nA guideline is admissible in evidence in a proceeding if—\nthe proceeding relates to a contravention of a safety and health obligation imposed on a person under part 3 ; and\nit is claimed that the person contravened the obligation by failing to achieve an acceptable level of risk; and\nthe guideline is about achieving an acceptable level of risk.\n- (a) the proceeding relates to a contravention of a safety and health obligation imposed on a person under part 3 ; and\n- (b) it is claimed that the person contravened the obligation by failing to achieve an acceptable level of risk; and\n- (c) the guideline is about achieving an acceptable level of risk.","sortOrder":99},{"sectionNumber":"pt.6","sectionType":"part","heading":"Industry consultative arrangements","content":"# Industry consultative arrangements","sortOrder":100},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Purposes of part","content":"## Purposes of part","sortOrder":101},{"sectionNumber":"sec.65","sectionType":"section","heading":"Purposes of pt 6","content":"### sec.65 Purposes of pt 6\n\nThe main purposes of this part are to provide for the establishment of a mining safety and health advisory committee and to state its functions.\ns 65 amd 2010 No. 17 s 63","sortOrder":102},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Mining safety and health advisory committee and its functions","content":"## Mining safety and health advisory committee and its functions","sortOrder":103},{"sectionNumber":"sec.66","sectionType":"section","heading":"Mining safety and health advisory committee","content":"### sec.66 Mining safety and health advisory committee\n\nThe mining safety and health advisory committee (the committee ) is established.\ns 66 amd 2010 No. 17 s 60 sch","sortOrder":104},{"sectionNumber":"sec.67","sectionType":"section","heading":"Primary function of committee","content":"### sec.67 Primary function of committee\n\nThe primary function of the committee is to give advice and make recommendations to the Minister about promoting and protecting the safety and health of persons at mines and persons who may be affected by mining operations.\nWithout limiting subsection (1) , the committee must discharge its primary function by periodically reviewing the effectiveness of the control of risk to any person from mining operations.\ns 67 amd 2010 No. 17 s 64 ; 2020 No. 10 s 105\n(sec.67-ssec.1) The primary function of the committee is to give advice and make recommendations to the Minister about promoting and protecting the safety and health of persons at mines and persons who may be affected by mining operations.\n(sec.67-ssec.2) Without limiting subsection (1) , the committee must discharge its primary function by periodically reviewing the effectiveness of the control of risk to any person from mining operations.","sortOrder":105},{"sectionNumber":"sec.67A","sectionType":"section","heading":"Other functions of committee","content":"### sec.67A Other functions of committee\n\nThe committee also has the following functions—\nrecognising, establishing and publishing the following competencies—\nthe competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation;\nthe safety and health competencies required to perform the duties of a person under this Act;\ndeveloping a 5-year strategic plan for improving the safety and health of persons at mines and persons who may be affected by mining operations;\nperiodically evaluating, and at least once each year updating, the 5-year strategic plan;\ndeveloping action plans to achieve measurable targets set in the 5-year strategic plan;\nobtaining information from RSHQ to assess the fulfilment of the 5-year strategic plan and the action plans mentioned in paragraph (d) ;\nidentifying and prioritising critical risks to the safety and health of persons at mines and persons who may be affected by mining operations;\nproviding advice to the mining industry about the risks mentioned in paragraph (f) ;\nproviding information to the Minister about the performance of RSHQ.\ns 67A ins 2020 No. 10 s 106\n- (a) recognising, establishing and publishing the following competencies— (i) the competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation; (ii) the safety and health competencies required to perform the duties of a person under this Act;\n- (i) the competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation;\n- (ii) the safety and health competencies required to perform the duties of a person under this Act;\n- (b) developing a 5-year strategic plan for improving the safety and health of persons at mines and persons who may be affected by mining operations;\n- (c) periodically evaluating, and at least once each year updating, the 5-year strategic plan;\n- (d) developing action plans to achieve measurable targets set in the 5-year strategic plan;\n- (e) obtaining information from RSHQ to assess the fulfilment of the 5-year strategic plan and the action plans mentioned in paragraph (d) ;\n- (f) identifying and prioritising critical risks to the safety and health of persons at mines and persons who may be affected by mining operations;\n- (g) providing advice to the mining industry about the risks mentioned in paragraph (f) ;\n- (h) providing information to the Minister about the performance of RSHQ.\n- (i) the competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation;\n- (ii) the safety and health competencies required to perform the duties of a person under this Act;","sortOrder":106},{"sectionNumber":"sec.68","sectionType":"section","heading":"Annual report","content":"### sec.68 Annual report\n\nAs soon as practicable, but within 4 months, after the end of each financial year, the commissioner, as chairperson of the committee, must prepare and give to the Minister a report on the committee’s operations for the year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.\ns 68 amd 2009 No. 16 s 62 ; 2010 No. 17 s 60 sch\n(sec.68-ssec.1) As soon as practicable, but within 4 months, after the end of each financial year, the commissioner, as chairperson of the committee, must prepare and give to the Minister a report on the committee’s operations for the year.\n(sec.68-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.","sortOrder":107},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Membership and conduct of committee proceedings","content":"## Membership and conduct of committee proceedings","sortOrder":108},{"sectionNumber":"sec.69","sectionType":"section","heading":"Membership of committee","content":"### sec.69 Membership of committee\n\nThe committee is to consist of 10 members, 1 of whom is the chairperson.\nThe chairperson of the committee is the commissioner.\ns 69 amd 2007 No. 46 s 98 ; 2009 No. 16 s 63 ; 2010 No. 17 s 60 sch ; 2018 No. 28 s 67\n(sec.69-ssec.1) The committee is to consist of 10 members, 1 of whom is the chairperson.\n(sec.69-ssec.2) The chairperson of the committee is the commissioner.","sortOrder":109},{"sectionNumber":"sec.70","sectionType":"section","heading":"Organisations to submit names to Minister","content":"### sec.70 Organisations to submit names to Minister\n\nThe following organisations, within 1 month of being asked to do so by the Minister, may submit a panel of names of individuals experienced in mining operations the organisations nominate to be members of the committee—\norganisations representing operators;\nindustrial organisations representing workers.\nOnly 1 panel may be submitted by all organisations representing operators.\nOnly 1 panel may be submitted by all industrial organisations representing workers.\nEach panel must include 6 or more names.\ns 70 amd 2007 No. 46 s 99 ; 2010 No. 17 s 60 sch\n(sec.70-ssec.1) The following organisations, within 1 month of being asked to do so by the Minister, may submit a panel of names of individuals experienced in mining operations the organisations nominate to be members of the committee— organisations representing operators; industrial organisations representing workers.\n(sec.70-ssec.2) Only 1 panel may be submitted by all organisations representing operators.\n(sec.70-ssec.3) Only 1 panel may be submitted by all industrial organisations representing workers.\n(sec.70-ssec.4) Each panel must include 6 or more names.\n- (a) organisations representing operators;\n- (b) industrial organisations representing workers.","sortOrder":110},{"sectionNumber":"sec.71","sectionType":"section","heading":"Appointment of members—persons from panels","content":"### sec.71 Appointment of members—persons from panels\n\nThe Minister must appoint 3 persons from each panel to be members of the committee.\nOne of the persons appointed from the panel submitted by organisations representing operators must represent quarry operators.\nOne of the persons appointed from the panel submitted by industrial organisations representing workers must be a member of the industrial organisation that represents the majority of the workers in Queensland.\nThe Minister may appoint a person under subsection (1) only if the person is experienced in operations or the Minister otherwise considers the person appropriate to be a member of the committee.\nIn selecting a person for appointment under subsection (1) , the Minister must also consider the following in relation to the person—\nbreadth of experience in the mining industry;\ndemonstrated commitment to promoting safety and health standards in the mining industry;\npractical knowledge of the mining industry and of relevant legislation.\nIf a panel of names is not submitted to the Minister within the stated time, the Minister may appoint 3 persons the Minister considers appropriate to be members of the committee.\nThe members mentioned in this section must be appointed under this Act and not the Public Sector Act 2022 .\ns 71 amd 2007 No. 46 s 100 ; 2009 No. 25 s 83 sch ; 2010 No. 17 s 60 sch ; 2018 No. 28 s 68 ; 2022 No. 34 s 365 sch 3\n(sec.71-ssec.1) The Minister must appoint 3 persons from each panel to be members of the committee.\n(sec.71-ssec.2) One of the persons appointed from the panel submitted by organisations representing operators must represent quarry operators.\n(sec.71-ssec.3) One of the persons appointed from the panel submitted by industrial organisations representing workers must be a member of the industrial organisation that represents the majority of the workers in Queensland.\n(sec.71-ssec.5) The Minister may appoint a person under subsection (1) only if the person is experienced in operations or the Minister otherwise considers the person appropriate to be a member of the committee.\n(sec.71-ssec.6) In selecting a person for appointment under subsection (1) , the Minister must also consider the following in relation to the person— breadth of experience in the mining industry; demonstrated commitment to promoting safety and health standards in the mining industry; practical knowledge of the mining industry and of relevant legislation.\n(sec.71-ssec.7) If a panel of names is not submitted to the Minister within the stated time, the Minister may appoint 3 persons the Minister considers appropriate to be members of the committee.\n(sec.71-ssec.8) The members mentioned in this section must be appointed under this Act and not the Public Sector Act 2022 .\n- (a) breadth of experience in the mining industry;\n- (b) demonstrated commitment to promoting safety and health standards in the mining industry;\n- (c) practical knowledge of the mining industry and of relevant legislation.","sortOrder":111},{"sectionNumber":"sec.71A","sectionType":"section","heading":"Appointment of members—inspectors","content":"### sec.71A Appointment of members—inspectors\n\nThe chief inspector is a member of the committee.\nThe Minister must appoint 2 other inspectors to be members of the committee.\ns 71A ins 2018 No. 28 s 69\n(sec.71A-ssec.1) The chief inspector is a member of the committee.\n(sec.71A-ssec.2) The Minister must appoint 2 other inspectors to be members of the committee.","sortOrder":112},{"sectionNumber":"sec.72","sectionType":"section","heading":"Duration of appointment","content":"### sec.72 Duration of appointment\n\nA member of the committee may be appointed, or reappointed, by the Minister under section 71 (1) for a term of not more than 3 years.\ns 72 amd 2000 No. 18 s 17 ; 2007 No. 46 s 101 ; 2010 No. 17 s 60 sch","sortOrder":113},{"sectionNumber":"sec.73","sectionType":"section","heading":"Conditions of appointment","content":"### sec.73 Conditions of appointment\n\nA member of the committee is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance.\nA member holds office on the conditions not provided by this Act that are decided by the Governor in Council.\ns 73 amd 2010 No. 17 s 65\n(sec.73-ssec.1) A member of the committee is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance.\n(sec.73-ssec.2) A member holds office on the conditions not provided by this Act that are decided by the Governor in Council.","sortOrder":114},{"sectionNumber":"sec.74","sectionType":"section","heading":"Member ceasing as member","content":"### sec.74 Member ceasing as member\n\nThe office of a member of the committee becomes vacant if the member—\nfinishes a term of office and is not reappointed; or\nresigns by notice of resignation given to the Minister; or\nis absent from 3 consecutive meetings of the committee without leave of the committee and without reasonable excuse; or\nis removed from office by the Minister for any reason or none.\ns 74 amd 2010 No. 17 s 60 sch\n- (a) finishes a term of office and is not reappointed; or\n- (b) resigns by notice of resignation given to the Minister; or\n- (c) is absent from 3 consecutive meetings of the committee without leave of the committee and without reasonable excuse; or\n- (d) is removed from office by the Minister for any reason or none.","sortOrder":115},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Substitute members","content":"### sec.74A Substitute members\n\nThe Minister may appoint 2 persons ( substitute members ) from each panel submitted under section 70 (1) , in addition to the persons appointed under section 71 (1) , to take part in meetings of the committee in place of a member ( original member ) appointed from the same panel.\nOne of the persons appointed from the panel submitted by industrial organisations representing workers must be a member of the industrial organisation that represents the majority of the workers in Queensland.\nWhen appointing a substitute member, the Minister must consider the matters mentioned in section 71 (6) (a) , (b) and (c) .\nA substitute member may be appointed, or reappointed, for a term of not more than 3 years.\nA person stops being a substitute member if, for any reason or none, the Minister gives the person written notification that the person is no longer a substitute member.\nWhile taking part in a meeting in place of an original member, a substitute member is a member of the committee and—\nis not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance; and\nis subject to the conditions, mentioned in section 73 (2) and applying to the original member, that are capable of applying to the substitute member.\ns 74A ins 2007 No. 46 s 102\namd 2010 No. 17 ss 60 sch , 66\n(sec.74A-ssec.1) The Minister may appoint 2 persons ( substitute members ) from each panel submitted under section 70 (1) , in addition to the persons appointed under section 71 (1) , to take part in meetings of the committee in place of a member ( original member ) appointed from the same panel.\n(sec.74A-ssec.2) One of the persons appointed from the panel submitted by industrial organisations representing workers must be a member of the industrial organisation that represents the majority of the workers in Queensland.\n(sec.74A-ssec.3) When appointing a substitute member, the Minister must consider the matters mentioned in section 71 (6) (a) , (b) and (c) .\n(sec.74A-ssec.4) A substitute member may be appointed, or reappointed, for a term of not more than 3 years.\n(sec.74A-ssec.5) A person stops being a substitute member if, for any reason or none, the Minister gives the person written notification that the person is no longer a substitute member.\n(sec.74A-ssec.6) While taking part in a meeting in place of an original member, a substitute member is a member of the committee and— is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance; and is subject to the conditions, mentioned in section 73 (2) and applying to the original member, that are capable of applying to the substitute member.\n- (a) is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance; and\n- (b) is subject to the conditions, mentioned in section 73 (2) and applying to the original member, that are capable of applying to the substitute member.","sortOrder":116},{"sectionNumber":"sec.75","sectionType":"section","heading":"Times and places of meetings of the committee","content":"### sec.75 Times and places of meetings of the committee\n\nThe committee may hold its meetings at the times and places it decides.\nHowever, the committee must meet at least twice a year.\nThe chairperson—\nmay call a meeting of the committee at any time; and\nmust call a meeting if asked by at least 4 members.\nAlso, the Minister may call a meeting of the committee at any time.\ns 75 amd 2010 No. 17 s 60 sch\n(sec.75-ssec.1) The committee may hold its meetings at the times and places it decides.\n(sec.75-ssec.2) However, the committee must meet at least twice a year.\n(sec.75-ssec.3) The chairperson— may call a meeting of the committee at any time; and must call a meeting if asked by at least 4 members.\n(sec.75-ssec.4) Also, the Minister may call a meeting of the committee at any time.\n- (a) may call a meeting of the committee at any time; and\n- (b) must call a meeting if asked by at least 4 members.","sortOrder":117},{"sectionNumber":"sec.76","sectionType":"section","heading":"Presiding at meetings of the committee","content":"### sec.76 Presiding at meetings of the committee\n\nThe chairperson must preside at all meetings of the committee at which the chairperson is present.\nIn the absence of the chairperson, an inspector nominated by the chairperson presides.\ns 76 amd 2010 No. 17 s 60 sch\n(sec.76-ssec.1) The chairperson must preside at all meetings of the committee at which the chairperson is present.\n(sec.76-ssec.2) In the absence of the chairperson, an inspector nominated by the chairperson presides.","sortOrder":118},{"sectionNumber":"sec.77","sectionType":"section","heading":"Quorum and voting at meetings of the committee","content":"### sec.77 Quorum and voting at meetings of the committee\n\nAt a meeting of the committee—\n4 members constitute a quorum; and\na question must be decided by a majority of the votes of the members present and voting; and\neach member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\nA quorum must include—\na member who represents operators; and\na member who represents workers; and\na member who represents inspectors.\ns 77 amd 2010 No. 17 s 60 sch\n(sec.77-ssec.1) At a meeting of the committee— 4 members constitute a quorum; and a question must be decided by a majority of the votes of the members present and voting; and each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n(sec.77-ssec.2) A quorum must include— a member who represents operators; and a member who represents workers; and a member who represents inspectors.\n- (a) 4 members constitute a quorum; and\n- (b) a question must be decided by a majority of the votes of the members present and voting; and\n- (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n- (a) a member who represents operators; and\n- (b) a member who represents workers; and\n- (c) a member who represents inspectors.","sortOrder":119},{"sectionNumber":"sec.78","sectionType":"section","heading":"Recommendation to Minister if vote not unanimous","content":"### sec.78 Recommendation to Minister if vote not unanimous\n\nIf the committee gives advice or makes a recommendation to the Minister about a matter, the committee must advise the Minister whether the committee’s decision about the matter was unanimous.\nIf the decision was not unanimous, the committee must advise the Minister of the views of the minority.\ns 78 amd 2010 No. 17 s 60 sch\n(sec.78-ssec.1) If the committee gives advice or makes a recommendation to the Minister about a matter, the committee must advise the Minister whether the committee’s decision about the matter was unanimous.\n(sec.78-ssec.2) If the decision was not unanimous, the committee must advise the Minister of the views of the minority.","sortOrder":120},{"sectionNumber":"sec.79","sectionType":"section","heading":"Taking part in meetings by telephone etc.","content":"### sec.79 Taking part in meetings by telephone etc.\n\nThe committee may permit members to take part in a particular meeting, or all meetings, by any technology permitting contemporaneous communication with other committee members.\nA member who takes part in a meeting of the committee under a permission under subsection (1) is taken to be present at the meeting.\ns 79 amd 2010 No. 17 s 60 sch\n(sec.79-ssec.1) The committee may permit members to take part in a particular meeting, or all meetings, by any technology permitting contemporaneous communication with other committee members.\n(sec.79-ssec.2) A member who takes part in a meeting of the committee under a permission under subsection (1) is taken to be present at the meeting.","sortOrder":121},{"sectionNumber":"sec.80","sectionType":"section","heading":"Resolutions without meetings","content":"### sec.80 Resolutions without meetings\n\nIf at least 6 members of the committee sign a document containing a statement that they are in favour of a resolution stated in the document, the resolution is taken to have been passed at a meeting of the committee held on the day when the last of the members signing the document signs the document.\nHowever, the 6 members must include—\na member who represents operators; and\na member who represents workers; and\na member who represents inspectors.\nIf, a resolution is, under subsection (1) , taken to have been passed at a committee meeting, each member must be advised immediately of the matter and be given a copy of the terms of the resolution.\nFor subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to be a single document.\ns 80 amd 2010 No. 17 s 60 sch\n(sec.80-ssec.1) If at least 6 members of the committee sign a document containing a statement that they are in favour of a resolution stated in the document, the resolution is taken to have been passed at a meeting of the committee held on the day when the last of the members signing the document signs the document.\n(sec.80-ssec.2) However, the 6 members must include— a member who represents operators; and a member who represents workers; and a member who represents inspectors.\n(sec.80-ssec.3) If, a resolution is, under subsection (1) , taken to have been passed at a committee meeting, each member must be advised immediately of the matter and be given a copy of the terms of the resolution.\n(sec.80-ssec.4) For subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to be a single document.\n- (a) a member who represents operators; and\n- (b) a member who represents workers; and\n- (c) a member who represents inspectors.","sortOrder":122},{"sectionNumber":"sec.81","sectionType":"section","heading":"Minutes by the committee","content":"### sec.81 Minutes by the committee\n\nThe committee must keep minutes of its proceedings.\ns 81 amd 2010 No. 17 s 60 sch","sortOrder":123},{"sectionNumber":"sec.82","sectionType":"section","heading":"Subcommittees","content":"### sec.82 Subcommittees\n\nThe committee may appoint subcommittees to advise it on particular issues.\ns 82 sub 2010 No. 17 s 67","sortOrder":124},{"sectionNumber":"pt.7","sectionType":"part","heading":"Site safety and health representatives and committees","content":"# Site safety and health representatives and committees","sortOrder":125},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Purpose of part","content":"## Purpose of part","sortOrder":126},{"sectionNumber":"sec.83","sectionType":"section","heading":"Purpose of pt 7","content":"### sec.83 Purpose of pt 7\n\nThe main purposes of this part are—\nto provide for the selection or election of site safety and health representatives and to state their functions and powers; and\nto provide for site safety and health committees and to state their functions and powers.\n- (a) to provide for the selection or election of site safety and health representatives and to state their functions and powers; and\n- (b) to provide for site safety and health committees and to state their functions and powers.","sortOrder":127},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Site safety and health representatives","content":"## Site safety and health representatives","sortOrder":128},{"sectionNumber":"sec.84","sectionType":"section","heading":"Selection or election of site safety and health representatives","content":"### sec.84 Selection or election of site safety and health representatives\n\nThe workers at a mine may select or elect up to 2 of their number to be site safety and health representatives for the mine for the term decided by the workers.\nIf there is more than 1 site senior executive at a mine, the workers in each part of the mine for which a site senior executive has responsibility may select or elect 2 workers to be site safety and health representatives for each part for the term decided by the workers.\nHowever, the workers and the site senior executive may decide that there are to be more than 2 site safety and health representatives for the mine or part of the mine if they consider this is necessary because of the size and complexity of operations.\nThe workers and the site senior executive may also decide an area ( area of representation ) within the mine or part of the mine for which 1 or more site safety and health representatives are to have responsibility.\nA worker does not need any qualifications to be selected or elected as a safety and health representative but must have been a worker for at least 2 years and must receive appropriate training for a safety and health competency mentioned in section 86 .\nWhen performing functions or exercising powers under this part, a site safety and health representative is taken to be performing part of the worker’s duties as a worker.\n(sec.84-ssec.1) The workers at a mine may select or elect up to 2 of their number to be site safety and health representatives for the mine for the term decided by the workers.\n(sec.84-ssec.2) If there is more than 1 site senior executive at a mine, the workers in each part of the mine for which a site senior executive has responsibility may select or elect 2 workers to be site safety and health representatives for each part for the term decided by the workers.\n(sec.84-ssec.3) However, the workers and the site senior executive may decide that there are to be more than 2 site safety and health representatives for the mine or part of the mine if they consider this is necessary because of the size and complexity of operations.\n(sec.84-ssec.4) The workers and the site senior executive may also decide an area ( area of representation ) within the mine or part of the mine for which 1 or more site safety and health representatives are to have responsibility.\n(sec.84-ssec.5) A worker does not need any qualifications to be selected or elected as a safety and health representative but must have been a worker for at least 2 years and must receive appropriate training for a safety and health competency mentioned in section 86 .\n(sec.84-ssec.6) When performing functions or exercising powers under this part, a site safety and health representative is taken to be performing part of the worker’s duties as a worker.","sortOrder":129},{"sectionNumber":"sec.85","sectionType":"section","heading":"How site safety and health representatives are selected or elected","content":"### sec.85 How site safety and health representatives are selected or elected\n\nIf workers can not agree on the selection of site safety and health representatives, an election by workers must be held to choose the representatives.\nA site senior executive must, if asked by the workers, help workers in the selection or election of site safety and health representatives.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.85-ssec.1) If workers can not agree on the selection of site safety and health representatives, an election by workers must be held to choose the representatives.\n(sec.85-ssec.2) A site senior executive must, if asked by the workers, help workers in the selection or election of site safety and health representatives. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":130},{"sectionNumber":"sec.86","sectionType":"section","heading":"Site safety and health representative must obtain qualifications","content":"### sec.86 Site safety and health representative must obtain qualifications\n\nA person must not continue to act as a site safety and health representative for more than 3 months after the representative’s selection or election unless the person has a safety and health competency established by the committee for a site safety and health representative.\nMaximum penalty—40 penalty units.\ns 86 amd 2010 No. 17 s 60 sch","sortOrder":131},{"sectionNumber":"sec.87","sectionType":"section","heading":"Site safety and health representative must perform functions and exercise powers appropriately","content":"### sec.87 Site safety and health representative must perform functions and exercise powers appropriately\n\nA site safety and health representative must perform the functions and exercise the powers of a site safety and health representative under this Act for safety and health purposes and for no other purpose.\nMaximum penalty—40 penalty units.","sortOrder":132},{"sectionNumber":"sec.88","sectionType":"section","heading":"Ceasing to be a site safety and health representative","content":"### sec.88 Ceasing to be a site safety and health representative\n\nA worker stops being a site safety and health representative if the worker—\ntells the site senior executive that the worker resigns as site safety and health representative; or\nstops being a worker at the mine; or\nis removed from office by a vote of workers.\n- (a) tells the site senior executive that the worker resigns as site safety and health representative; or\n- (b) stops being a worker at the mine; or\n- (c) is removed from office by a vote of workers.","sortOrder":133},{"sectionNumber":"sec.89","sectionType":"section","heading":"Removal from office by Minister","content":"### sec.89 Removal from office by Minister\n\nThe Minister may remove a site safety and health representative from office by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.\nThe notice must contain the Minister’s reasons for removing the site safety and health representative from office.\n(sec.89-ssec.1) The Minister may remove a site safety and health representative from office by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.\n(sec.89-ssec.2) The notice must contain the Minister’s reasons for removing the site safety and health representative from office.","sortOrder":134},{"sectionNumber":"sec.90","sectionType":"section","heading":"Selection or election after removal from office","content":"### sec.90 Selection or election after removal from office\n\nIf a site safety and health representative is removed from office by the Minister, another site safety and health representative may be selected or elected under this division.\nHowever, another person must not be selected or elected to be a site safety and health representative until after—\nthe time for filing an appeal under part 13 , division 1 has ended; or\nif an appeal against the Minister’s decision has been filed—an Industrial Magistrates Court has confirmed the Minister’s decision to remove the site safety and health representative.\nThe provisions of this division apply to the selection or election.\n(sec.90-ssec.1) If a site safety and health representative is removed from office by the Minister, another site safety and health representative may be selected or elected under this division.\n(sec.90-ssec.2) However, another person must not be selected or elected to be a site safety and health representative until after— the time for filing an appeal under part 13 , division 1 has ended; or if an appeal against the Minister’s decision has been filed—an Industrial Magistrates Court has confirmed the Minister’s decision to remove the site safety and health representative.\n(sec.90-ssec.3) The provisions of this division apply to the selection or election.\n- (a) the time for filing an appeal under part 13 , division 1 has ended; or\n- (b) if an appeal against the Minister’s decision has been filed—an Industrial Magistrates Court has confirmed the Minister’s decision to remove the site safety and health representative.","sortOrder":135},{"sectionNumber":"sec.91","sectionType":"section","heading":"Functions and powers for area of representation","content":"### sec.91 Functions and powers for area of representation\n\nIf a site safety and health representative has an area of representation within the mine or part of the mine the representative may exercise the powers and perform the functions of a site safety and health representative for the area of representation only.","sortOrder":136},{"sectionNumber":"sec.92","sectionType":"section","heading":"Functions of site safety and health representatives","content":"### sec.92 Functions of site safety and health representatives\n\nA site safety and health representative has the following functions—\nto inspect parts of the operations and participate in inspections and investigations conducted by the site senior executive or a supervisor, inspector, inspection officer or authorised officer;\nto review procedures in place at the mine to control the risk to workers so that it is at an acceptable level;\nto review the circumstances of injuries, illnesses and high potential incidents;\nto consult with supervisors about corrective and preventive action, and about other safety and health matters;\nto consult with district workers’ representatives, inspectors, advisers and independent experts;\nto help in the resolution of safety and health issues;\nto investigate complaints from workers about safety and health;\nto refer safety and health matters to the site safety and health committee as appropriate.\nThe site senior executive and supervisors at the mine must give reasonable help to a site safety and health representative in carrying out the representative’s functions.\nMaximum penalty—40 penalty units.\nThe site senior executive or the site senior executive’s representative may accompany the site safety and health representative during an inspection.\nA site safety and health representative who makes an inspection of the mine must—\nmake a written report on the inspection; and\ngive a copy of the report to the site senior executive; and\nif the inspection indicates the existence or possible existence of danger, immediately—\nnotify the site senior executive or the responsible supervisor; and\nsend a copy of the report to an inspector.\nIf a site safety and health representative believes a safety and health management system is inadequate or ineffective, the representative must inform the site senior executive.\nIf the site safety and health representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.\nThe inspector must investigate the matter and report the results of the investigation in the mine record.\ns 92 amd 2007 No. 46 s 103\n(sec.92-ssec.1) A site safety and health representative has the following functions— to inspect parts of the operations and participate in inspections and investigations conducted by the site senior executive or a supervisor, inspector, inspection officer or authorised officer; to review procedures in place at the mine to control the risk to workers so that it is at an acceptable level; to review the circumstances of injuries, illnesses and high potential incidents; to consult with supervisors about corrective and preventive action, and about other safety and health matters; to consult with district workers’ representatives, inspectors, advisers and independent experts; to help in the resolution of safety and health issues; to investigate complaints from workers about safety and health; to refer safety and health matters to the site safety and health committee as appropriate.\n(sec.92-ssec.2) The site senior executive and supervisors at the mine must give reasonable help to a site safety and health representative in carrying out the representative’s functions. Maximum penalty—40 penalty units.\n(sec.92-ssec.3) The site senior executive or the site senior executive’s representative may accompany the site safety and health representative during an inspection.\n(sec.92-ssec.4) A site safety and health representative who makes an inspection of the mine must— make a written report on the inspection; and give a copy of the report to the site senior executive; and if the inspection indicates the existence or possible existence of danger, immediately— notify the site senior executive or the responsible supervisor; and send a copy of the report to an inspector.\n(sec.92-ssec.5) If a site safety and health representative believes a safety and health management system is inadequate or ineffective, the representative must inform the site senior executive.\n(sec.92-ssec.6) If the site safety and health representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.\n(sec.92-ssec.7) The inspector must investigate the matter and report the results of the investigation in the mine record.\n- (a) to inspect parts of the operations and participate in inspections and investigations conducted by the site senior executive or a supervisor, inspector, inspection officer or authorised officer;\n- (b) to review procedures in place at the mine to control the risk to workers so that it is at an acceptable level;\n- (c) to review the circumstances of injuries, illnesses and high potential incidents;\n- (d) to consult with supervisors about corrective and preventive action, and about other safety and health matters;\n- (e) to consult with district workers’ representatives, inspectors, advisers and independent experts;\n- (f) to help in the resolution of safety and health issues;\n- (g) to investigate complaints from workers about safety and health;\n- (h) to refer safety and health matters to the site safety and health committee as appropriate.\n- (a) make a written report on the inspection; and\n- (b) give a copy of the report to the site senior executive; and\n- (c) if the inspection indicates the existence or possible existence of danger, immediately— (i) notify the site senior executive or the responsible supervisor; and (ii) send a copy of the report to an inspector.\n- (i) notify the site senior executive or the responsible supervisor; and\n- (ii) send a copy of the report to an inspector.\n- (i) notify the site senior executive or the responsible supervisor; and\n- (ii) send a copy of the report to an inspector.","sortOrder":137},{"sectionNumber":"sec.93","sectionType":"section","heading":"Powers of site safety and health representative","content":"### sec.93 Powers of site safety and health representative\n\nA site safety and health representative has the following powers—\nsubject to section 91 , to enter any part of the mine at any time to carry out the functions of the site safety and health representative, if reasonable notice is given to the site senior executive or the site senior executive’s representative;\nto examine any documents relevant to safety and health held by the site senior executive under this Act, if the site safety and health representative has reason to believe the documents contain information required to assess whether procedures are in place at the mine to achieve an acceptable level of risk to workers;\nto copy, or to require the site senior executive to give the site safety and health representative within a stated reasonable period a copy of, a document mentioned in paragraph (b) ;\nto require the site senior executive to give the site safety and health representative reasonable help to exercise the site safety and health representative’s powers under paragraphs (b) and (c) .\nIf a site safety and health representative asks to copy a document under subsection (1) (c) , the site senior executive must give access to the document as soon as reasonably practicable after being asked, unless the site senior executive has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA site senior executive for a mine who is required in a stated reasonable way to help a site safety and health representative under subsection (1) (d) must comply with the requirement.\nMaximum penalty—100 penalty units.\ns 93 amd 2024 No. 34 s 176\n(sec.93-ssec.1) A site safety and health representative has the following powers— subject to section 91 , to enter any part of the mine at any time to carry out the functions of the site safety and health representative, if reasonable notice is given to the site senior executive or the site senior executive’s representative; to examine any documents relevant to safety and health held by the site senior executive under this Act, if the site safety and health representative has reason to believe the documents contain information required to assess whether procedures are in place at the mine to achieve an acceptable level of risk to workers; to copy, or to require the site senior executive to give the site safety and health representative within a stated reasonable period a copy of, a document mentioned in paragraph (b) ; to require the site senior executive to give the site safety and health representative reasonable help to exercise the site safety and health representative’s powers under paragraphs (b) and (c) .\n(sec.93-ssec.2) If a site safety and health representative asks to copy a document under subsection (1) (c) , the site senior executive must give access to the document as soon as reasonably practicable after being asked, unless the site senior executive has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.93-ssec.3) A site senior executive for a mine who is required in a stated reasonable way to help a site safety and health representative under subsection (1) (d) must comply with the requirement. Maximum penalty—100 penalty units.\n- (a) subject to section 91 , to enter any part of the mine at any time to carry out the functions of the site safety and health representative, if reasonable notice is given to the site senior executive or the site senior executive’s representative;\n- (b) to examine any documents relevant to safety and health held by the site senior executive under this Act, if the site safety and health representative has reason to believe the documents contain information required to assess whether procedures are in place at the mine to achieve an acceptable level of risk to workers;\n- (c) to copy, or to require the site senior executive to give the site safety and health representative within a stated reasonable period a copy of, a document mentioned in paragraph (b) ;\n- (d) to require the site senior executive to give the site safety and health representative reasonable help to exercise the site safety and health representative’s powers under paragraphs (b) and (c) .","sortOrder":138},{"sectionNumber":"sec.94","sectionType":"section","heading":"Stopping operations by site safety and health representatives","content":"### sec.94 Stopping operations by site safety and health representatives\n\nThis section applies if a site safety and health representative reasonably believes operations pose a serious danger to the safety and health of workers at the mine.\nThe site safety and health representative must first notify and consult with the site senior executive or an appropriate supervisor so that action may be taken to remove the danger to the safety and health of workers.\nIf consultation is not possible because immediate action to safeguard workers is necessary or if consultation does not lead to agreement on the action to be taken, a site safety and health representative may—\nstop the operations or part of the operations; and\nevacuate persons to a safe location.\nThe site safety and health representative must give a written report to each of the following persons about any action taken under subsection (3) and the reasons for the action—\nthe site senior executive;\nan inspector;\na district workers’ representative.\ns 94 amd 2024 No. 34 s 177\n(sec.94-ssec.1) This section applies if a site safety and health representative reasonably believes operations pose a serious danger to the safety and health of workers at the mine.\n(sec.94-ssec.2) The site safety and health representative must first notify and consult with the site senior executive or an appropriate supervisor so that action may be taken to remove the danger to the safety and health of workers.\n(sec.94-ssec.3) If consultation is not possible because immediate action to safeguard workers is necessary or if consultation does not lead to agreement on the action to be taken, a site safety and health representative may— stop the operations or part of the operations; and evacuate persons to a safe location.\n(sec.94-ssec.4) The site safety and health representative must give a written report to each of the following persons about any action taken under subsection (3) and the reasons for the action— the site senior executive; an inspector; a district workers’ representative.\n- (a) stop the operations or part of the operations; and\n- (b) evacuate persons to a safe location.\n- (a) the site senior executive;\n- (b) an inspector;\n- (c) a district workers’ representative.","sortOrder":139},{"sectionNumber":"sec.95","sectionType":"section","heading":"When operations may be restarted","content":"### sec.95 When operations may be restarted\n\nIf action has been taken by the site safety and health representative under section 94 (3) , the site senior executive must ensure that the operations are not restarted until the risk to workers from the operations is at an acceptable level.\nMaximum penalty—200 penalty units.","sortOrder":140},{"sectionNumber":"sec.96","sectionType":"section","heading":"Site safety and health representative not to unnecessarily impede production","content":"### sec.96 Site safety and health representative not to unnecessarily impede production\n\nA site safety and health representative must not unnecessarily impede production at a mine when exercising the representative’s powers or performing the representative’s functions.\nMaximum penalty––200 penalty units.","sortOrder":141},{"sectionNumber":"sec.97","sectionType":"section","heading":"Protection of site safety and health representatives performing functions","content":"### sec.97 Protection of site safety and health representatives performing functions\n\nA mine operator, site senior executive, contractor or other supervisor must not prevent or attempt to prevent a site safety and health representative from performing the representative’s functions or penalise a safety and health representative for performing the representative’s functions.\nMaximum penalty—200 penalty units.\ns 97 amd 2024 No. 34 s 178","sortOrder":142},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Site safety and health committees","content":"## Site safety and health committees","sortOrder":143},{"sectionNumber":"sec.98","sectionType":"section","heading":"Site safety and health committees","content":"### sec.98 Site safety and health committees\n\nA site senior executive for a mine or part of a mine must establish a site safety and health committee for the mine or part if—\nasked by a site safety and health representative; or\ndirected by the chief inspector.\nMaximum penalty—100 penalty units.\nHowever, the workers and the site senior executive may decide that there is to be more than 1 site safety and health committee for the mine or part of the mine if they consider this is necessary because of the size and complexity of operations.\nIf more than 1 site safety and health committee is established, the area of the mine or part to be covered by each site safety and health committee must be decided.\ns 98 amd 2024 No. 34 s 179\n(sec.98-ssec.1) A site senior executive for a mine or part of a mine must establish a site safety and health committee for the mine or part if— asked by a site safety and health representative; or directed by the chief inspector. Maximum penalty—100 penalty units.\n(sec.98-ssec.2) However, the workers and the site senior executive may decide that there is to be more than 1 site safety and health committee for the mine or part of the mine if they consider this is necessary because of the size and complexity of operations.\n(sec.98-ssec.3) If more than 1 site safety and health committee is established, the area of the mine or part to be covered by each site safety and health committee must be decided.\n- (a) asked by a site safety and health representative; or\n- (b) directed by the chief inspector.","sortOrder":144},{"sectionNumber":"sec.99","sectionType":"section","heading":"Membership of site safety and health committee","content":"### sec.99 Membership of site safety and health committee\n\nA site safety and health committee for a mine or part of a mine consists of at least 2 members being—\na site safety and health representative for the mine or part; and\nthe site senior executive for the mine or part or the site senior executive’s representative.\nThe site safety and health committee may include other members ( nominated members ) nominated by the site senior executive and the workers.\nA site safety and health committee member must be a worker in the mine or part.\nAt least half the nominated members must be workers nominated by workers and must work in the area of the mine covered by the site safety and health committee.\ns 99 amd 2010 No. 17 s 60 sch\n(sec.99-ssec.1) A site safety and health committee for a mine or part of a mine consists of at least 2 members being— a site safety and health representative for the mine or part; and the site senior executive for the mine or part or the site senior executive’s representative.\n(sec.99-ssec.2) The site safety and health committee may include other members ( nominated members ) nominated by the site senior executive and the workers.\n(sec.99-ssec.3) A site safety and health committee member must be a worker in the mine or part.\n(sec.99-ssec.4) At least half the nominated members must be workers nominated by workers and must work in the area of the mine covered by the site safety and health committee.\n- (a) a site safety and health representative for the mine or part; and\n- (b) the site senior executive for the mine or part or the site senior executive’s representative.","sortOrder":145},{"sectionNumber":"sec.100","sectionType":"section","heading":"Functions of site safety and health committee","content":"### sec.100 Functions of site safety and health committee\n\nA site safety and health committee has the following functions—\nto facilitate consultation and cooperation between management and workers in initiating, developing and implementing management of risk from operations;\nto encourage an active interest in safety and health matters at the mine;\nto review the circumstances of injuries, illness and high potential incidents, and recommend appropriate action;\nto consider any proposed changes to operations that may reasonably be expected to affect the control of risk, and make appropriate recommendations;\nto carry out inspections;\nto consider matters referred to the committee by a safety and health representative;\nto help in the resolution of safety and health issues;\nto perform other functions to promote safety and health.\ns 100 amd 2010 No. 17 s 60 sch\n- (a) to facilitate consultation and cooperation between management and workers in initiating, developing and implementing management of risk from operations;\n- (b) to encourage an active interest in safety and health matters at the mine;\n- (c) to review the circumstances of injuries, illness and high potential incidents, and recommend appropriate action;\n- (d) to consider any proposed changes to operations that may reasonably be expected to affect the control of risk, and make appropriate recommendations;\n- (e) to carry out inspections;\n- (f) to consider matters referred to the committee by a safety and health representative;\n- (g) to help in the resolution of safety and health issues;\n- (h) to perform other functions to promote safety and health.","sortOrder":146},{"sectionNumber":"sec.101","sectionType":"section","heading":"Times of meetings","content":"### sec.101 Times of meetings\n\nMeetings of a site safety and health committee are to be held at the times it decides, but must be held at least once every 3 months.","sortOrder":147},{"sectionNumber":"sec.102","sectionType":"section","heading":"Proceedings at meetings","content":"### sec.102 Proceedings at meetings\n\nA site safety and health committee must keep minutes of its meetings, but may otherwise conduct its proceedings in the way it decides.","sortOrder":148},{"sectionNumber":"sec.103","sectionType":"section","heading":"Minutes to be made available","content":"### sec.103 Minutes to be made available\n\nThe site senior executive must make the minutes of a meeting of a site safety and health committee available at all reasonable times for inspection by workers at the mine and by an inspector.\nMaximum penalty—40 penalty units.","sortOrder":149},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Duties of site senior executive","content":"## Duties of site senior executive","sortOrder":150},{"sectionNumber":"sec.104","sectionType":"section","heading":"Provision for help to representatives and committees","content":"### sec.104 Provision for help to representatives and committees\n\nThe site senior executive must—\nprovide appropriate training during working time to persons selected or elected to be site safety and health representatives within 3 months of selection or election; and\nprovide to site safety and health committees access to appropriate facilities necessary to perform their functions; and\nensure that site safety and health representatives and members of site safety and health committees receive their normal pay for time spent—\nin performing their functions; or\nundergoing training for a safety and health competency established by the committee for a site safety and health representative.\nMaximum penalty—100 penalty units.\ns 104 amd 2010 No. 17 s 60 sch ; 2024 No. 34 s 180\n- (a) provide appropriate training during working time to persons selected or elected to be site safety and health representatives within 3 months of selection or election; and\n- (b) provide to site safety and health committees access to appropriate facilities necessary to perform their functions; and\n- (c) ensure that site safety and health representatives and members of site safety and health committees receive their normal pay for time spent— (i) in performing their functions; or (ii) undergoing training for a safety and health competency established by the committee for a site safety and health representative.\n- (i) in performing their functions; or\n- (ii) undergoing training for a safety and health competency established by the committee for a site safety and health representative.\n- (i) in performing their functions; or\n- (ii) undergoing training for a safety and health competency established by the committee for a site safety and health representative.","sortOrder":151},{"sectionNumber":"sec.105","sectionType":"section","heading":"Site senior executive to tell site safety and health representatives about certain things","content":"### sec.105 Site senior executive to tell site safety and health representatives about certain things\n\nA site senior executive for a mine must ensure a site safety and health representative at the mine is informed of the following things—\nan injury or illness caused to a person from operations at the site safety and health representative’s area of responsibility that causes an absence from work of the person for more than 1 shift;\na high potential incident happening at the mine;\nany proposed changes to the operations, or plant or substances used at the mine, that affect, or may affect, the safety and health of persons at the mine;\nthe presence of an inspector or inspection officer at the mine if the representative is at the mine;\na directive given by an inspector or inspection officer about a matter.\nMaximum penalty—40 penalty units.\nThe site senior executive must ensure each representative is informed as soon as practicable after the thing comes to the site senior executive’s knowledge.\ns 105 amd 2002 No. 25 s 32\n(sec.105-ssec.1) A site senior executive for a mine must ensure a site safety and health representative at the mine is informed of the following things— an injury or illness caused to a person from operations at the site safety and health representative’s area of responsibility that causes an absence from work of the person for more than 1 shift; a high potential incident happening at the mine; any proposed changes to the operations, or plant or substances used at the mine, that affect, or may affect, the safety and health of persons at the mine; the presence of an inspector or inspection officer at the mine if the representative is at the mine; a directive given by an inspector or inspection officer about a matter. Maximum penalty—40 penalty units.\n(sec.105-ssec.2) The site senior executive must ensure each representative is informed as soon as practicable after the thing comes to the site senior executive’s knowledge.\n- (a) an injury or illness caused to a person from operations at the site safety and health representative’s area of responsibility that causes an absence from work of the person for more than 1 shift;\n- (b) a high potential incident happening at the mine;\n- (c) any proposed changes to the operations, or plant or substances used at the mine, that affect, or may affect, the safety and health of persons at the mine;\n- (d) the presence of an inspector or inspection officer at the mine if the representative is at the mine;\n- (e) a directive given by an inspector or inspection officer about a matter.","sortOrder":152},{"sectionNumber":"sec.106","sectionType":"section","heading":"Site senior executive to display identity of site safety and health representatives","content":"### sec.106 Site senior executive to display identity of site safety and health representatives\n\nThe site senior executive for a mine must display a notice as required by subsections (2) to (5) for each site safety and health representative for the mine.\nMaximum penalty—40 penalty units.\nThe notice must—\nstate the name of the site safety and health representative; and\nstate the preferred contact details of the representative; and\ncontain a recent photograph of the representative.\nThe site senior executive must display the notice within 5 days after the site senior executive is notified of the representative’s selection or election.\nIf the mine has only 1 site safety and health representative, the site senior executive must display the notice in 1 or more conspicuous positions at the mine in a way likely to come to the attention of workers at the mine.\nnear the mine record, in the crib rooms\nIf the mine has more than 1 site safety and health representative, the site senior executive must display a notice about each representative’s identity in a conspicuous position in the mine or part of the mine covered by the representative in a way likely to come to the attention of workers in the mine or part.\nIn this section—\npreferred contact details , of a site safety and health representative, means the telephone number and email address by which the representative prefers to be contacted about safety and health matters.\ns 106 amd 2024 No. 34 s 181\n(sec.106-ssec.1) The site senior executive for a mine must display a notice as required by subsections (2) to (5) for each site safety and health representative for the mine. Maximum penalty—40 penalty units.\n(sec.106-ssec.2) The notice must— state the name of the site safety and health representative; and state the preferred contact details of the representative; and contain a recent photograph of the representative.\n(sec.106-ssec.3) The site senior executive must display the notice within 5 days after the site senior executive is notified of the representative’s selection or election.\n(sec.106-ssec.4) If the mine has only 1 site safety and health representative, the site senior executive must display the notice in 1 or more conspicuous positions at the mine in a way likely to come to the attention of workers at the mine. near the mine record, in the crib rooms\n(sec.106-ssec.5) If the mine has more than 1 site safety and health representative, the site senior executive must display a notice about each representative’s identity in a conspicuous position in the mine or part of the mine covered by the representative in a way likely to come to the attention of workers in the mine or part.\n(sec.106-ssec.6) In this section— preferred contact details , of a site safety and health representative, means the telephone number and email address by which the representative prefers to be contacted about safety and health matters.\n- (a) state the name of the site safety and health representative; and\n- (b) state the preferred contact details of the representative; and\n- (c) contain a recent photograph of the representative.","sortOrder":153},{"sectionNumber":"pt.8","sectionType":"part","heading":"District workers’ representatives","content":"# District workers’ representatives","sortOrder":154},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Purposes of part","content":"## Purposes of part","sortOrder":155},{"sectionNumber":"sec.107","sectionType":"section","heading":"Purposes of pt 8","content":"### sec.107 Purposes of pt 8\n\nThe main purposes of this part are to provide for the appointment of district workers’ representatives and to state their functions and powers.","sortOrder":156},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"District workers’ representatives","content":"## District workers’ representatives","sortOrder":157},{"sectionNumber":"sec.108","sectionType":"section","heading":"Nomination and appointment of district workers’ representatives","content":"### sec.108 Nomination and appointment of district workers’ representatives\n\nThe Minister may appoint up to 4 persons to be district workers’ representatives from nominees for the positions.\nThe term of office of a district workers’ representative must not be more than 4 years.\nAn industrial organisation with members in the mining industry may nominate individuals to be district workers’ representatives.\nThe Minister is to appoint, from the persons nominated, persons who satisfy the Minister they—\nhave appropriate competencies and adequate experience to perform the functions of a district workers’ representative; and\nare in a position to adequately represent the safety and health interests of a majority of workers.\nA district workers’ representative is appointed under this Act and not under the Public Sector Act 2022 .\ns 108 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.108-ssec.1) The Minister may appoint up to 4 persons to be district workers’ representatives from nominees for the positions.\n(sec.108-ssec.2) The term of office of a district workers’ representative must not be more than 4 years.\n(sec.108-ssec.3) An industrial organisation with members in the mining industry may nominate individuals to be district workers’ representatives.\n(sec.108-ssec.4) The Minister is to appoint, from the persons nominated, persons who satisfy the Minister they— have appropriate competencies and adequate experience to perform the functions of a district workers’ representative; and are in a position to adequately represent the safety and health interests of a majority of workers.\n(sec.108-ssec.5) A district workers’ representative is appointed under this Act and not under the Public Sector Act 2022 .\n- (a) have appropriate competencies and adequate experience to perform the functions of a district workers’ representative; and\n- (b) are in a position to adequately represent the safety and health interests of a majority of workers.","sortOrder":158},{"sectionNumber":"sec.109","sectionType":"section","heading":"Funding of district workers’ representative","content":"### sec.109 Funding of district workers’ representative\n\nA district workers’ representative is entitled to the remuneration and allowances decided by the Minister.\nThe representative holds office on the conditions not provided by this Act decided by the Minister.\n(sec.109-ssec.1) A district workers’ representative is entitled to the remuneration and allowances decided by the Minister.\n(sec.109-ssec.2) The representative holds office on the conditions not provided by this Act decided by the Minister.","sortOrder":159},{"sectionNumber":"sec.110","sectionType":"section","heading":"Termination of appointment","content":"### sec.110 Termination of appointment\n\nThe Minister may end the appointment of a district workers’ representative by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.\nThe notice must contain the Minister’s reasons for ending the appointment of the district workers’ representative.\n(sec.110-ssec.1) The Minister may end the appointment of a district workers’ representative by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.\n(sec.110-ssec.2) The notice must contain the Minister’s reasons for ending the appointment of the district workers’ representative.","sortOrder":160},{"sectionNumber":"sec.111","sectionType":"section","heading":"Appointment after termination","content":"### sec.111 Appointment after termination\n\nIf a person’s appointment as district workers’ representative is ended by the Minister, the Minister may appoint another person to be district workers’ representative.\nHowever, the Minister must not appoint another person to be a district workers’ representative unless—\nthe time for filing an appeal under part 13 , division 1 has ended; or\nif an appeal against the Minister’s decision has been filed, an Industrial Magistrates Court has confirmed the Minister’s decision to end the appointment of the district workers’ representative.\nThe provisions of this division about nomination and appointment apply to the appointment.\n(sec.111-ssec.1) If a person’s appointment as district workers’ representative is ended by the Minister, the Minister may appoint another person to be district workers’ representative.\n(sec.111-ssec.2) However, the Minister must not appoint another person to be a district workers’ representative unless— the time for filing an appeal under part 13 , division 1 has ended; or if an appeal against the Minister’s decision has been filed, an Industrial Magistrates Court has confirmed the Minister’s decision to end the appointment of the district workers’ representative.\n(sec.111-ssec.3) The provisions of this division about nomination and appointment apply to the appointment.\n- (a) the time for filing an appeal under part 13 , division 1 has ended; or\n- (b) if an appeal against the Minister’s decision has been filed, an Industrial Magistrates Court has confirmed the Minister’s decision to end the appointment of the district workers’ representative.","sortOrder":161},{"sectionNumber":"sec.112","sectionType":"section","heading":"Filling of temporary vacancy","content":"### sec.112 Filling of temporary vacancy\n\nIf a person is temporarily unable to perform the functions of a district workers’ representative, the Minister may appoint a substitute in the way and for the term the Minister considers appropriate.","sortOrder":162},{"sectionNumber":"sec.113","sectionType":"section","heading":"Persons not to pretend to be district workers’ representatives if not appointed","content":"### sec.113 Persons not to pretend to be district workers’ representatives if not appointed\n\nA person not appointed as a district workers’ representative must not pretend to be a district workers’ representative.\nMaximum penalty—40 penalty units.","sortOrder":163},{"sectionNumber":"sec.114","sectionType":"section","heading":"District workers’ representative restricted to safety and health purposes","content":"### sec.114 District workers’ representative restricted to safety and health purposes\n\nA district workers’ representative must not perform a function or exercise a power of a district workers’ representative under this Act for a purpose other than a safety and health purpose.\nMaximum penalty—40 penalty units.","sortOrder":164},{"sectionNumber":"sec.115","sectionType":"section","heading":"Functions of district workers’ representatives","content":"### sec.115 Functions of district workers’ representatives\n\nA district workers’ representative has the following functions—\nto help, represent and advise workers on matters relating to safety and health;\nto inspect mines to assess whether the level of risk to the safety and health of workers is at an acceptable level;\nto participate in inspections by inspectors and inspection officers;\nto participate in investigations into serious accidents and high potential incidents and other matters related to safety or health at mines;\nto investigate complaints from workers regarding safety or health at mines;\nto help in relation to initiatives to improve safety or health at mines.\nThe following persons may accompany the district workers’ representative during an inspection—\nthe site senior executive or a person representing the site senior executive;\na site safety and health representative or a person representing the site safety and health representative.\nA district workers’ representative who makes an inspection of the mine must—\nmake a written report on the inspection; and\ngive a copy of the report to the site senior executive and send a copy to an inspector; and\nif the inspection indicates the existence or possible existence of danger, immediately notify the site senior executive or the responsible supervisor.\n(sec.115-ssec.1) A district workers’ representative has the following functions— to help, represent and advise workers on matters relating to safety and health; to inspect mines to assess whether the level of risk to the safety and health of workers is at an acceptable level; to participate in inspections by inspectors and inspection officers; to participate in investigations into serious accidents and high potential incidents and other matters related to safety or health at mines; to investigate complaints from workers regarding safety or health at mines; to help in relation to initiatives to improve safety or health at mines.\n(sec.115-ssec.2) The following persons may accompany the district workers’ representative during an inspection— the site senior executive or a person representing the site senior executive; a site safety and health representative or a person representing the site safety and health representative.\n(sec.115-ssec.3) A district workers’ representative who makes an inspection of the mine must— make a written report on the inspection; and give a copy of the report to the site senior executive and send a copy to an inspector; and if the inspection indicates the existence or possible existence of danger, immediately notify the site senior executive or the responsible supervisor.\n- (a) to help, represent and advise workers on matters relating to safety and health;\n- (b) to inspect mines to assess whether the level of risk to the safety and health of workers is at an acceptable level;\n- (c) to participate in inspections by inspectors and inspection officers;\n- (d) to participate in investigations into serious accidents and high potential incidents and other matters related to safety or health at mines;\n- (e) to investigate complaints from workers regarding safety or health at mines;\n- (f) to help in relation to initiatives to improve safety or health at mines.\n- (a) the site senior executive or a person representing the site senior executive;\n- (b) a site safety and health representative or a person representing the site safety and health representative.\n- (a) make a written report on the inspection; and\n- (b) give a copy of the report to the site senior executive and send a copy to an inspector; and\n- (c) if the inspection indicates the existence or possible existence of danger, immediately notify the site senior executive or the responsible supervisor.","sortOrder":165},{"sectionNumber":"sec.116","sectionType":"section","heading":"Powers of district workers’ representatives","content":"### sec.116 Powers of district workers’ representatives\n\nA district workers’ representative has the following powers—\nto make inquiries about the operations of mines relevant to the safety or health of workers;\nto enter any part of a mine at any time to carry out the representative’s functions;\nto examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a mine to achieve an acceptable level of risk to workers;\nto examine safety and health management system documents, including standard work instructions and training records;\nto copy a document mentioned in paragraph (c) or (d) ;\nto require the site senior executive for a mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of a document mentioned in paragraph (c) or (d) ;\nto require the person in control or temporarily in control of a mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ;\nto issue a directive under section 160 (2) (a) .\nA person in control or temporarily in control of a mine required to help the district workers’ representative under subsection (1) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a district workers’ representative asks a person to give access to a document to enable the representative to examine the document under subsection (1) (c) or (d) , or to copy the document under subsection (1) (e) , the person must give access to the document as soon as reasonably practicable after being asked, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 116 amd 2024 No. 34 s 182\n(sec.116-ssec.1) A district workers’ representative has the following powers— to make inquiries about the operations of mines relevant to the safety or health of workers; to enter any part of a mine at any time to carry out the representative’s functions; to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a mine to achieve an acceptable level of risk to workers; to examine safety and health management system documents, including standard work instructions and training records; to copy a document mentioned in paragraph (c) or (d) ; to require the site senior executive for a mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of a document mentioned in paragraph (c) or (d) ; to require the person in control or temporarily in control of a mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ; to issue a directive under section 160 (2) (a) .\n(sec.116-ssec.2) A person in control or temporarily in control of a mine required to help the district workers’ representative under subsection (1) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.116-ssec.3) If a district workers’ representative asks a person to give access to a document to enable the representative to examine the document under subsection (1) (c) or (d) , or to copy the document under subsection (1) (e) , the person must give access to the document as soon as reasonably practicable after being asked, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) to make inquiries about the operations of mines relevant to the safety or health of workers;\n- (b) to enter any part of a mine at any time to carry out the representative’s functions;\n- (c) to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a mine to achieve an acceptable level of risk to workers;\n- (d) to examine safety and health management system documents, including standard work instructions and training records;\n- (e) to copy a document mentioned in paragraph (c) or (d) ;\n- (f) to require the site senior executive for a mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of a document mentioned in paragraph (c) or (d) ;\n- (g) to require the person in control or temporarily in control of a mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ;\n- (h) to issue a directive under section 160 (2) (a) .","sortOrder":166},{"sectionNumber":"sec.117","sectionType":"section","heading":"District workers’ representative not to unnecessarily impede production","content":"### sec.117 District workers’ representative not to unnecessarily impede production\n\nA district workers’ representative must not unnecessarily impede production at a mine when exercising the representative’s powers, or performing the representative’s functions.\nMaximum penalty—200 penalty units.","sortOrder":167},{"sectionNumber":"sec.118","sectionType":"section","heading":"Inadequate or ineffective safety and health management systems","content":"### sec.118 Inadequate or ineffective safety and health management systems\n\nIf a district workers’ representative believes a safety and health management system is inadequate or ineffective, the representative must advise the site senior executive stating the reasons for the representative’s belief.\nIf the district workers’ representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.\nThe inspector must investigate the matter and report the results of the investigation in the mine record.\n(sec.118-ssec.1) If a district workers’ representative believes a safety and health management system is inadequate or ineffective, the representative must advise the site senior executive stating the reasons for the representative’s belief.\n(sec.118-ssec.2) If the district workers’ representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.\n(sec.118-ssec.3) The inspector must investigate the matter and report the results of the investigation in the mine record.","sortOrder":168},{"sectionNumber":"sec.119","sectionType":"section","heading":"Identity cards","content":"### sec.119 Identity cards\n\nThe CEO must give each district workers’ representative an identity card.\nThe identity card must—\ncontain a recent photograph of the representative; and\nbe signed by the representative; and\nidentify the person as a district workers’ representative under this Act.\ns 119 amd 2020 No. 10 s 139 sch 2\n(sec.119-ssec.1) The CEO must give each district workers’ representative an identity card.\n(sec.119-ssec.2) The identity card must— contain a recent photograph of the representative; and be signed by the representative; and identify the person as a district workers’ representative under this Act.\n- (a) contain a recent photograph of the representative; and\n- (b) be signed by the representative; and\n- (c) identify the person as a district workers’ representative under this Act.","sortOrder":169},{"sectionNumber":"sec.120","sectionType":"section","heading":"Failure to return identity card","content":"### sec.120 Failure to return identity card\n\nA person who ceases to be a district workers’ representative must return the person’s identity card to the CEO as soon as practicable, but within 21 days, after ceasing to be a district workers’ representative, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty points.\ns 120 amd 2020 No. 10 s 139 sch 2","sortOrder":170},{"sectionNumber":"sec.121","sectionType":"section","heading":"Production or display of identity card","content":"### sec.121 Production or display of identity card\n\nA district workers’ representative may exercise a power in relation to another person only if the representative—\nfirst produces the representative’s identity card for the other person’s inspection; or\nhas the identity card displayed so it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the district workers’ representative must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.121-ssec.1) A district workers’ representative may exercise a power in relation to another person only if the representative— first produces the representative’s identity card for the other person’s inspection; or has the identity card displayed so it is clearly visible to the other person.\n(sec.121-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the district workers’ representative must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) first produces the representative’s identity card for the other person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the other person.","sortOrder":171},{"sectionNumber":"pt.9","sectionType":"part","heading":"Inspectors and other officers and directives","content":"# Inspectors and other officers and directives","sortOrder":172},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Inspectors and inspection officers","content":"## Inspectors and inspection officers","sortOrder":173},{"sectionNumber":"sec.122","sectionType":"section","heading":"Appointments","content":"### sec.122 Appointments\n\nThe CEO must appoint officers or employees of the public service as inspectors or inspection officers.\nThe CEO must appoint an inspector to be chief inspector of mines.\ns 122 amd 2020 No. 10 s 139 sch 2\n(sec.122-ssec.1) The CEO must appoint officers or employees of the public service as inspectors or inspection officers.\n(sec.122-ssec.2) The CEO must appoint an inspector to be chief inspector of mines.","sortOrder":174},{"sectionNumber":"sec.123","sectionType":"section","heading":"Qualifications for appointment as inspector","content":"### sec.123 Qualifications for appointment as inspector\n\nThe CEO may appoint a person as an inspector only if the CEO considers the person has appropriate competencies and adequate experience to effectively perform an inspector’s functions under this Act.\nThe CEO must not appoint under subsection (1) a person who holds a certificate of competency or site senior executive notice unless the person also holds the practising certificate required by the board of examiners to be held by a person holding that board qualification.\ns 123 amd 2002 No. 25 s 33 ; 2005 No. 68 s 119 ; 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 183\n(sec.123-ssec.1) The CEO may appoint a person as an inspector only if the CEO considers the person has appropriate competencies and adequate experience to effectively perform an inspector’s functions under this Act.\n(sec.123-ssec.2) The CEO must not appoint under subsection (1) a person who holds a certificate of competency or site senior executive notice unless the person also holds the practising certificate required by the board of examiners to be held by a person holding that board qualification.","sortOrder":175},{"sectionNumber":"sec.124","sectionType":"section","heading":"Qualifications for appointment as inspection officer","content":"### sec.124 Qualifications for appointment as inspection officer\n\nThe CEO may appoint a person as an inspection officer only if the CEO considers the person has appropriate competencies, or other adequate experience, to effectively perform an inspection officer’s functions under this Act.\ns 124 amd 2020 No. 10 s 139 sch 2","sortOrder":176},{"sectionNumber":"sec.124A","sectionType":"section","heading":"Appointment conditions and limit on powers and functions","content":"### sec.124A Appointment conditions and limit on powers and functions\n\nA person who is appointed as an inspector or inspection officer holds office on any conditions stated in—\nthe person’s instrument of appointment; or\na signed notice given to the person by the CEO.\nThe instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.\ns 124A ins 2007 No. 46 s 105\namd 2020 No. 10 s 139 sch 2\n(sec.124A-ssec.1) A person who is appointed as an inspector or inspection officer holds office on any conditions stated in— the person’s instrument of appointment; or a signed notice given to the person by the CEO.\n(sec.124A-ssec.2) The instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.\n- (a) the person’s instrument of appointment; or\n- (b) a signed notice given to the person by the CEO.","sortOrder":177},{"sectionNumber":"sec.125","sectionType":"section","heading":"Functions of inspectors and inspection officers","content":"### sec.125 Functions of inspectors and inspection officers\n\nInspectors and inspection officers have the following functions—\nto enforce this Act;\nto monitor safety and health performance at mines;\nto inspect and audit mines to assess whether risk is at an acceptable level;\nto help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;\nto check that safety and health management systems and procedures are in place to control risk to persons affected by operations;\nto provide the advice and help that may be required from time to time during emergencies at mines that may affect the safety or health of persons;\nif unsafe practices or conditions at mines are detected, to ensure timely corrective or remedial action is being taken and, if not, require it to be taken;\nto investigate serious accidents and high potential incidents at mines;\nto investigate matters at mines that affect the successful management of risk to persons;\nto investigate complaints about matters relating to safety or health resulting from operations.\ns 125 amd 2008 No. 33 s 110\n- (a) to enforce this Act;\n- (b) to monitor safety and health performance at mines;\n- (c) to inspect and audit mines to assess whether risk is at an acceptable level;\n- (d) to help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;\n- (e) to check that safety and health management systems and procedures are in place to control risk to persons affected by operations;\n- (f) to provide the advice and help that may be required from time to time during emergencies at mines that may affect the safety or health of persons;\n- (g) if unsafe practices or conditions at mines are detected, to ensure timely corrective or remedial action is being taken and, if not, require it to be taken;\n- (h) to investigate serious accidents and high potential incidents at mines;\n- (i) to investigate matters at mines that affect the successful management of risk to persons;\n- (j) to investigate complaints about matters relating to safety or health resulting from operations.","sortOrder":178},{"sectionNumber":"sec.126","sectionType":"section","heading":"Further function of inspectors","content":"### sec.126 Further function of inspectors\n\nInspectors also have the function of advising the chief inspector on safety and health at mines.\ns 126 amd 2005 No. 68 s 120 ; 2008 No. 43 s 9 ; 2010 No. 17 s 60 sch\nsub 2020 No. 10 s 107","sortOrder":179},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":180},{"sectionNumber":"sec.126A","sectionType":"section","heading":"Appointments","content":"### sec.126A Appointments\n\nThe CEO may appoint officers or employees of the public service as authorised officers.\ns 126A ins 2007 No. 46 s 107\namd 2020 No. 10 s 139 sch 2","sortOrder":181},{"sectionNumber":"sec.126B","sectionType":"section","heading":"Qualifications for appointment as authorised officer","content":"### sec.126B Qualifications for appointment as authorised officer\n\nThe CEO may only appoint a person as an authorised officer after deciding the functions the person may perform under this Act having regard to the person’s competencies and experience.\nIf the CEO decides that the functions the person may perform as an authorised officer are limited because of the person’s competencies and experience, the CEO, when appointing the person as an authorised officer, must correspondingly limit the extent to which the person may perform functions or exercise powers as provided under section 126C .\ns 126B ins 2007 No. 46 s 107\namd 2020 No. 10 s 139 sch 2\n(sec.126B-ssec.1) The CEO may only appoint a person as an authorised officer after deciding the functions the person may perform under this Act having regard to the person’s competencies and experience.\n(sec.126B-ssec.2) If the CEO decides that the functions the person may perform as an authorised officer are limited because of the person’s competencies and experience, the CEO, when appointing the person as an authorised officer, must correspondingly limit the extent to which the person may perform functions or exercise powers as provided under section 126C .","sortOrder":182},{"sectionNumber":"sec.126C","sectionType":"section","heading":"Appointment conditions and limit on functions and powers","content":"### sec.126C Appointment conditions and limit on functions and powers\n\nA person who is appointed as an authorised officer holds office on any conditions stated in—\nthe person’s instrument of appointment; or\na signed notice given to the person by the CEO.\nThe instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.\nAn authorised officer is also subject to the directions of the chief inspector in performing the functions or exercising the powers.\nThis section applies despite any other provision of this Act.\ns 126C ins 2007 No. 46 s 107\namd 2020 No. 10 s 139 sch 2\n(sec.126C-ssec.1) A person who is appointed as an authorised officer holds office on any conditions stated in— the person’s instrument of appointment; or a signed notice given to the person by the CEO.\n(sec.126C-ssec.2) The instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.\n(sec.126C-ssec.3) An authorised officer is also subject to the directions of the chief inspector in performing the functions or exercising the powers.\n(sec.126C-ssec.4) This section applies despite any other provision of this Act.\n- (a) the person’s instrument of appointment; or\n- (b) a signed notice given to the person by the CEO.","sortOrder":183},{"sectionNumber":"sec.126D","sectionType":"section","heading":"Functions of authorised officers","content":"### sec.126D Functions of authorised officers\n\nSubject to sections 126B and 126C , authorised officers have the following functions—\nto monitor safety and health performance at mines;\nto inspect and audit mines to assess whether risk is at an acceptable level;\nto help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;\nto check that safety and health management systems and procedures are in place to control risk to persons affected by operations;\nto investigate serious accidents and high potential incidents at mines;\nto investigate matters at mines that affect the successful management of risk to persons;\nto investigate complaints about matters relating to safety or health resulting from operations;\nto investigate whether persons required to provide information to the CEO under this Act have provided the information and whether the information is correct.\ns 126D ins 2007 No. 46 s 107\namd 2008 No. 33 s 111 ; 2008 No. 43 s 9 ; 2020 No. 10 s 139 sch 2\n- (a) to monitor safety and health performance at mines;\n- (b) to inspect and audit mines to assess whether risk is at an acceptable level;\n- (c) to help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;\n- (d) to check that safety and health management systems and procedures are in place to control risk to persons affected by operations;\n- (e) to investigate serious accidents and high potential incidents at mines;\n- (f) to investigate matters at mines that affect the successful management of risk to persons;\n- (g) to investigate complaints about matters relating to safety or health resulting from operations;\n- (h) to investigate whether persons required to provide information to the CEO under this Act have provided the information and whether the information is correct.","sortOrder":184},{"sectionNumber":"sec.126E","sectionType":"section","heading":"Information about functions and powers","content":"### sec.126E Information about functions and powers\n\nThis section applies if before exercising a power or further exercising a power in relation to a person, an authorised officer is asked by the person for information about the authorised officer’s functions or powers under the Act .\nThe authorised officer must only exercise, or continue to exercise, the power in relation to the person if the authorised officer first produces for the person’s inspection a list of the authorised officer’s functions and powers under the Act .\ns 126E ins 2007 No. 46 s 107\n(sec.126E-ssec.1) This section applies if before exercising a power or further exercising a power in relation to a person, an authorised officer is asked by the person for information about the authorised officer’s functions or powers under the Act .\n(sec.126E-ssec.2) The authorised officer must only exercise, or continue to exercise, the power in relation to the person if the authorised officer first produces for the person’s inspection a list of the authorised officer’s functions and powers under the Act .","sortOrder":185},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Identity cards for inspectors, inspection officers and authorised officers","content":"## Identity cards for inspectors, inspection officers and authorised officers","sortOrder":186},{"sectionNumber":"sec.127","sectionType":"section","heading":"Identity cards","content":"### sec.127 Identity cards\n\nThe CEO must give each inspector, inspection officer and authorised officer an identity card.\nThe identity card must—\ncontain a recent photograph of the inspector, inspection officer or authorised officer; and\nbe signed by the inspector, inspection officer or authorised officer; and\nidentify the person as an inspector, inspection officer or authorised officer under this Act.\ns 127 amd 2007 No. 46 s 108 ; 2020 No. 10 s 139 sch 2\n(sec.127-ssec.1) The CEO must give each inspector, inspection officer and authorised officer an identity card.\n(sec.127-ssec.2) The identity card must— contain a recent photograph of the inspector, inspection officer or authorised officer; and be signed by the inspector, inspection officer or authorised officer; and identify the person as an inspector, inspection officer or authorised officer under this Act.\n- (a) contain a recent photograph of the inspector, inspection officer or authorised officer; and\n- (b) be signed by the inspector, inspection officer or authorised officer; and\n- (c) identify the person as an inspector, inspection officer or authorised officer under this Act.","sortOrder":187},{"sectionNumber":"sec.128","sectionType":"section","heading":"Failure to return identity card","content":"### sec.128 Failure to return identity card\n\nA person who ceases to be an inspector, inspection officer or authorised officer must return the person’s identity card to the CEO as soon as practicable, but within 21 days, after ceasing to be an inspector, inspection officer or authorised officer, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty points.\ns 128 amd 2007 No. 46 s 241 sch ; 2020 No. 10 s 139 sch 2","sortOrder":188},{"sectionNumber":"sec.129","sectionType":"section","heading":"Production or display of identity card","content":"### sec.129 Production or display of identity card\n\nAn inspector, inspection officer or authorised officer may exercise a power in relation to another person only if the inspector, inspection officer or authorised officer—\nfirst produces the inspector’s or officer’s identity card for the other person’s; or\nhas the identity card displayed so it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector, inspection officer or authorised officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.\ns 129 amd 2007 No. 46 s 109\n(sec.129-ssec.1) An inspector, inspection officer or authorised officer may exercise a power in relation to another person only if the inspector, inspection officer or authorised officer— first produces the inspector’s or officer’s identity card for the other person’s; or has the identity card displayed so it is clearly visible to the other person.\n(sec.129-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector, inspection officer or authorised officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) first produces the inspector’s or officer’s identity card for the other person’s; or\n- (b) has the identity card displayed so it is clearly visible to the other person.","sortOrder":189},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Powers of inspectors, inspection officers and authorised officers","content":"## Powers of inspectors, inspection officers and authorised officers","sortOrder":190},{"sectionNumber":"sec.129A","sectionType":"section","heading":"Definition for div 4","content":"### sec.129A Definition for div 4\n\nIn this division—\nofficer means an inspector, an inspection officer or an authorised officer.\ns 129A ins 2007 No. 46 s 112","sortOrder":191},{"sectionNumber":"sec.130","sectionType":"section","heading":"Entry to places","content":"### sec.130 Entry to places\n\nAn officer may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is a mine; or\nit is, or the officer reasonably suspects it is, a workplace.\nFor subsection (1) (a) , for the purpose of asking the occupier of a place for consent to enter, an officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (e) , an entry may be made with, or without, the consent of the person with management or control of the workplace.\nAn officer who enters a mine or workplace must not unnecessarily impede production.\ns 130 amd 2007 No. 46 s 241 sch ; 2011 No. 18 s 404 sch 4 pt 1 ; 2018 No. 28 s 70\n(sec.130-ssec.1) An officer may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is a mine; or it is, or the officer reasonably suspects it is, a workplace.\n(sec.130-ssec.2) For subsection (1) (a) , for the purpose of asking the occupier of a place for consent to enter, an officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.130-ssec.3) For subsection (1) (e) , an entry may be made with, or without, the consent of the person with management or control of the workplace.\n(sec.130-ssec.4) An officer who enters a mine or workplace must not unnecessarily impede production.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is a mine; or\n- (e) it is, or the officer reasonably suspects it is, a workplace.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":192},{"sectionNumber":"sec.131","sectionType":"section","heading":"Consent to entry","content":"### sec.131 Consent to entry\n\nThis section applies if an officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.\nBefore asking for the consent, the officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the officer or other officer consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs an acknowledgement, the officer must immediately give a copy to the occupier.\nA court must find the occupier did not consent to an officer entering the place under this part if—\nan issue arises in a proceeding before the court whether the occupier of a place consented to the entry; and\nan acknowledgement is not produced in evidence for the entry; and\nit is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\ns 131 amd 2007 No. 46 s 113\n(sec.131-ssec.1) This section applies if an officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.\n(sec.131-ssec.2) Before asking for the consent, the officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.131-ssec.3) If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.131-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the officer or other officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.131-ssec.5) If the occupier signs an acknowledgement, the officer must immediately give a copy to the occupier.\n(sec.131-ssec.6) A court must find the occupier did not consent to an officer entering the place under this part if— an issue arises in a proceeding before the court whether the occupier of a place consented to the entry; and an acknowledgement is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the officer or other officer consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding before the court whether the occupier of a place consented to the entry; and\n- (b) an acknowledgement is not produced in evidence for the entry; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.","sortOrder":193},{"sectionNumber":"sec.132","sectionType":"section","heading":"Application for warrant","content":"### sec.132 Application for warrant\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.132-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.132-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.132-ssec.3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":194},{"sectionNumber":"sec.133","sectionType":"section","heading":"Issue of warrant","content":"### sec.133 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or may be at the place, within the next 7 days.\nThe warrant must state—\nthat a stated inspector may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the inspector’s powers under this part; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.133-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or may be at the place, within the next 7 days.\n(sec.133-ssec.2) The warrant must state— that a stated inspector may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the inspector’s powers under this part; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or may be at the place, within the next 7 days.\n- (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this part; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this part; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this part; and","sortOrder":195},{"sectionNumber":"sec.134","sectionType":"section","heading":"Special warrants","content":"### sec.134 Special warrants\n\nAn inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nBefore applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\nThe inspector may apply for the warrant before the application is sworn.\nAfter issuing the warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the inspector—\nthe magistrate must tell the inspector—\nwhat the terms of the warrant are; and\nthe date and time the warrant was issued; and\nthe inspector must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe terms of the warrant.\nThe facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the inspector completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the warrant.\nA court must find the exercise of the power by an inspector was not authorised by a special warrant if—\nan issue arises in a court proceeding whether the exercise of the power was authorised by a special warrant; and\nthe warrant is not produced in evidence; and\nit is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\ns 134 amd 2002 No. 25 s 34\n(sec.134-ssec.1) An inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.134-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.134-ssec.3) The inspector may apply for the warrant before the application is sworn.\n(sec.134-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy.\n(sec.134-ssec.5) If it is not reasonably practicable to fax a copy to the inspector— the magistrate must tell the inspector— what the terms of the warrant are; and the date and time the warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the terms of the warrant.\n(sec.134-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\n(sec.134-ssec.7) The inspector must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the inspector completed a warrant form—the completed warrant form.\n(sec.134-ssec.8) On receiving the documents, the magistrate must attach them to the warrant.\n(sec.134-ssec.9) A court must find the exercise of the power by an inspector was not authorised by a special warrant if— an issue arises in a court proceeding whether the exercise of the power was authorised by a special warrant; and the warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) the magistrate must tell the inspector— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (a) the sworn application; and\n- (b) if the inspector completed a warrant form—the completed warrant form.\n- (a) an issue arises in a court proceeding whether the exercise of the power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.","sortOrder":196},{"sectionNumber":"sec.135","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.135 Warrants—procedure before entry\n\nThis section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant.\nBefore entering the place, the inspector must do or make a reasonable attempt to do the following things—\nidentify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;\ngive the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 134 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the inspector is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\ns 135 amd 2024 No. 34 s 184\n(sec.135-ssec.1) This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant.\n(sec.135-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment; give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 134 (6) , a copy of the facsimile warrant or warrant form; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.\n(sec.135-ssec.3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;\n- (b) give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 134 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the inspector is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.","sortOrder":197},{"sectionNumber":"sec.135A","sectionType":"section","heading":"Entry to residential premises","content":"### sec.135A Entry to residential premises\n\nDespite anything else in this division, the powers of an officer under this division in relation to entering a place are not exercisable in relation to any part of a place that is used for residential purposes other than—\nwith the consent of the person with the management or control of the place; or\nunder the authority conferred by a search warrant; or\nfor the purpose only of gaining access to a suspected workplace, but only—\nif the officer reasonably believes no reasonable alternative access is available; and\nat a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought; or\nif the place is a mine.\ns 135A ins 2018 No. 28 s 71\n- (a) with the consent of the person with the management or control of the place; or\n- (b) under the authority conferred by a search warrant; or\n- (c) for the purpose only of gaining access to a suspected workplace, but only— (i) if the officer reasonably believes no reasonable alternative access is available; and (ii) at a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought; or\n- (i) if the officer reasonably believes no reasonable alternative access is available; and\n- (ii) at a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought; or\n- (d) if the place is a mine.\n- (i) if the officer reasonably believes no reasonable alternative access is available; and\n- (ii) at a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought; or","sortOrder":198},{"sectionNumber":"sec.136","sectionType":"section","heading":"General powers after entering mine or other places","content":"### sec.136 General powers after entering mine or other places\n\nThis section applies to an officer who enters a mine or other place.\nHowever, if an officer enters a place to get the occupier’s consent to enter premises, this section applies to the officer only if the consent is given or the entry is otherwise authorised.\nFor monitoring and enforcing compliance with this Act, or for conducting an investigation under this Act, the officer may—\nsearch any part of the mine or other place; or\ninspect, measure, test, photograph or film any part of the mine or other place or anything at the mine or other place; or\ntake a thing, or a sample of or from a thing, at the mine or other place for analysis or testing; or\ncopy a document at the mine or other place; or\ntake into or onto the mine or other place any persons, equipment and materials the officer reasonably requires for exercising a power under this division; or\nrequire a person at the mine or other place, to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e) ; or\nrequire a person at the mine or other place, to answer questions by the officer to help the officer ascertain whether this Act is being or has been complied with, or for the purpose of conducting an investigation under this Act.\nWhen making a requirement mentioned in subsection (3) (f) or (g) , the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\ns 136 amd 2007 No. 46 s 114 ; 2008 No. 33 s 112\n(sec.136-ssec.1) This section applies to an officer who enters a mine or other place.\n(sec.136-ssec.2) However, if an officer enters a place to get the occupier’s consent to enter premises, this section applies to the officer only if the consent is given or the entry is otherwise authorised.\n(sec.136-ssec.3) For monitoring and enforcing compliance with this Act, or for conducting an investigation under this Act, the officer may— search any part of the mine or other place; or inspect, measure, test, photograph or film any part of the mine or other place or anything at the mine or other place; or take a thing, or a sample of or from a thing, at the mine or other place for analysis or testing; or copy a document at the mine or other place; or take into or onto the mine or other place any persons, equipment and materials the officer reasonably requires for exercising a power under this division; or require a person at the mine or other place, to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e) ; or require a person at the mine or other place, to answer questions by the officer to help the officer ascertain whether this Act is being or has been complied with, or for the purpose of conducting an investigation under this Act.\n(sec.136-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) search any part of the mine or other place; or\n- (b) inspect, measure, test, photograph or film any part of the mine or other place or anything at the mine or other place; or\n- (c) take a thing, or a sample of or from a thing, at the mine or other place for analysis or testing; or\n- (d) copy a document at the mine or other place; or\n- (e) take into or onto the mine or other place any persons, equipment and materials the officer reasonably requires for exercising a power under this division; or\n- (f) require a person at the mine or other place, to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e) ; or\n- (g) require a person at the mine or other place, to answer questions by the officer to help the officer ascertain whether this Act is being or has been complied with, or for the purpose of conducting an investigation under this Act.","sortOrder":199},{"sectionNumber":"sec.137","sectionType":"section","heading":"Failure to help officer","content":"### sec.137 Failure to help officer\n\nA person required to give reasonable help under section 136 (3) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 137 amd 2007 No. 46 s 241 sch","sortOrder":200},{"sectionNumber":"sec.138","sectionType":"section","heading":"Failure to answer questions","content":"### sec.138 Failure to answer questions\n\nA person of whom a requirement is made under section 136 (3) (g) must not, unless the person has a reasonable excuse, fail to comply with a requirement to answer a question.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for an individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\nHowever, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.\ns 138 amd 2011 No. 2 s 82\n(sec.138-ssec.1) A person of whom a requirement is made under section 136 (3) (g) must not, unless the person has a reasonable excuse, fail to comply with a requirement to answer a question. Maximum penalty—40 penalty units.\n(sec.138-ssec.2) It is a reasonable excuse for an individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\n(sec.138-ssec.3) However, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.","sortOrder":201},{"sectionNumber":"sec.139","sectionType":"section","heading":"Site senior executive must help officer","content":"### sec.139 Site senior executive must help officer\n\nAn officer may require a site senior executive to help the officer in the performance of the officer’s functions.\nA site senior executive required to help an officer must comply with the requirement, unless the site senior executive has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 139 amd 2007 No. 46 s 115\n(sec.139-ssec.1) An officer may require a site senior executive to help the officer in the performance of the officer’s functions.\n(sec.139-ssec.2) A site senior executive required to help an officer must comply with the requirement, unless the site senior executive has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":202},{"sectionNumber":"sec.140","sectionType":"section","heading":"Seizing evidence at mine or other place","content":"### sec.140 Seizing evidence at mine or other place\n\nAn officer who enters a mine or other place under this part may seize a thing at the mine or other place if the officer reasonably believes the thing is evidence of an offence against this Act.\ns 140 amd 2007 No. 46 s 241 sch","sortOrder":203},{"sectionNumber":"sec.141","sectionType":"section","heading":"Securing things after seizure","content":"### sec.141 Securing things after seizure\n\nHaving seized a thing, an officer may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure, but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\ns 141 amd 2007 No. 46 s 241 sch\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure, but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted","sortOrder":204},{"sectionNumber":"sec.142","sectionType":"section","heading":"Tampering with things subject to seizure","content":"### sec.142 Tampering with things subject to seizure\n\nIf an officer restricts access to a thing seized, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an officer’s approval.\nMaximum penalty—100 penalty units.\ns 142 amd 2007 No. 46 s 116","sortOrder":205},{"sectionNumber":"sec.143","sectionType":"section","heading":"Powers to support seizure","content":"### sec.143 Powers to support seizure\n\nTo enable a thing to be seized, an officer may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give notice, may be made orally and confirmed by notice as soon as practicable.\nA person of whom the requirement is made must comply with the requirement, at the person’s expense, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\ns 143 amd 2007 No. 46 s 241 sch\n(sec.143-ssec.1) To enable a thing to be seized, an officer may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.143-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.143-ssec.3) A person of whom the requirement is made must comply with the requirement, at the person’s expense, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.143-ssec.4) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":206},{"sectionNumber":"sec.144","sectionType":"section","heading":"Receipts to be given on seizure","content":"### sec.144 Receipts to be given on seizure\n\nAs soon as practicable after an officer seizes a thing, the officer must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\ns 144 amd 2007 No. 46 s 241 sch\n(sec.144-ssec.1) As soon as practicable after an officer seizes a thing, the officer must give a receipt for it to the person from whom it was seized.\n(sec.144-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.144-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.144-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":207},{"sectionNumber":"sec.145","sectionType":"section","heading":"Forfeiture","content":"### sec.145 Forfeiture\n\nA thing that has been seized under this subdivision is forfeited to the State if the officer who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and\nsubsection (1) (b) does not require the officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\ns 145 amd 2007 No. 46 s 241 sch\n(sec.145-ssec.1) A thing that has been seized under this subdivision is forfeited to the State if the officer who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.145-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and subsection (1) (b) does not require the officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.\n(sec.145-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":208},{"sectionNumber":"sec.146","sectionType":"section","heading":"Return of seized things","content":"### sec.146 Return of seized things\n\nThis section applies if a seized thing has some intrinsic value and is not forfeited.\nIf the thing is not returned to its owner within 1 year after it was seized, the owner may apply to the chief inspector for its return.\nWithin 30 days after receiving the application, the chief inspector must—\nif the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or\notherwise—return the thing to the owner.\nIf, at any time after the thing was seized, the chief inspector stops being satisfied there are reasonable grounds for retaining it, the chief inspector must return it to its owner.\nWithout limiting subsections (2) and (3) , there are reasonable grounds for retaining the thing if—\nthe thing is being, or is likely to be, examined; or\nthe thing is needed, or may be needed, for the purposes of—\nan investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or\nan investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or\nan appeal from a decision in a proceeding for an offence against this Act; or\nit is not lawful for the owner to possess the thing.\nIn this section—\nexamine includes analyse, test, measure, weigh, grade, gauge and identify.\nowner , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.\ns 146 amd 2007 No. 46 s 241 sch\nsub 2014 No. 64 s 216A\n(sec.146-ssec.1) This section applies if a seized thing has some intrinsic value and is not forfeited.\n(sec.146-ssec.2) If the thing is not returned to its owner within 1 year after it was seized, the owner may apply to the chief inspector for its return.\n(sec.146-ssec.3) Within 30 days after receiving the application, the chief inspector must— if the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or otherwise—return the thing to the owner.\n(sec.146-ssec.4) If, at any time after the thing was seized, the chief inspector stops being satisfied there are reasonable grounds for retaining it, the chief inspector must return it to its owner.\n(sec.146-ssec.5) Without limiting subsections (2) and (3) , there are reasonable grounds for retaining the thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Act; or it is not lawful for the owner to possess the thing.\n(sec.146-ssec.6) In this section— examine includes analyse, test, measure, weigh, grade, gauge and identify. owner , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.\n- (a) if the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or\n- (b) otherwise—return the thing to the owner.\n- (a) the thing is being, or is likely to be, examined; or\n- (b) the thing is needed, or may be needed, for the purposes of— (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or (iii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or\n- (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or\n- (iii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (c) it is not lawful for the owner to possess the thing.\n- (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or\n- (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or\n- (iii) an appeal from a decision in a proceeding for an offence against this Act; or","sortOrder":209},{"sectionNumber":"sec.147","sectionType":"section","heading":"Access to things that have been seized","content":"### sec.147 Access to things that have been seized\n\nUntil a thing that has been seized is forfeited or returned, an officer must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nFor this section, if an officer has required a person to take a thing to a stated place by a stated reasonable time under section 143 the officer may require the person to return the thing to the place from which it was taken.\nThe person must return the thing at the person’s expense.\ns 147 amd 2007 No. 46 s 117\n(sec.147-ssec.1) Until a thing that has been seized is forfeited or returned, an officer must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.147-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.147-ssec.3) For this section, if an officer has required a person to take a thing to a stated place by a stated reasonable time under section 143 the officer may require the person to return the thing to the place from which it was taken.\n(sec.147-ssec.4) The person must return the thing at the person’s expense.","sortOrder":210},{"sectionNumber":"sec.148","sectionType":"section","heading":"Officer may stop and secure plant and equipment","content":"### sec.148 Officer may stop and secure plant and equipment\n\nIf an officer believes plant or equipment at a mine is likely to cause serious bodily injury or create an immediate threat to health, the officer may stop the operation of the plant or equipment and prevent it from being further operated.\nIf an officer has taken action under subsection (1) , the officer must confirm the action by entry in the mine record.\nThe site senior executive must ensure that the plant or equipment is not returned to operation until the risk to persons from the plant or equipment is at an acceptable level.\nMaximum penalty for subsection (3) —200 penalty units.\ns 148 amd 2007 No. 46 s 118\n(sec.148-ssec.1) If an officer believes plant or equipment at a mine is likely to cause serious bodily injury or create an immediate threat to health, the officer may stop the operation of the plant or equipment and prevent it from being further operated.\n(sec.148-ssec.2) If an officer has taken action under subsection (1) , the officer must confirm the action by entry in the mine record.\n(sec.148-ssec.3) The site senior executive must ensure that the plant or equipment is not returned to operation until the risk to persons from the plant or equipment is at an acceptable level. Maximum penalty for subsection (3) —200 penalty units.","sortOrder":211},{"sectionNumber":"sec.149","sectionType":"section","heading":"Power to require personal details","content":"### sec.149 Power to require personal details\n\nThis section applies if an officer—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the officer to reasonably suspect a person has just committed an offence against this Act.\nThe officer may require the person to state the person’s name and residential address.\nThe officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a requirement under this section, the officer must give the person an offence warning for the requirement.\nIn this section—\noffence warning , for a requirement by an officer, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with the requirement.\nreasonably suspect means suspect on grounds that are reasonable in the circumstances.\ns 149 amd 2007 No. 46 s 241 sch\nsub 2024 No. 34 s 185\n(sec.149-ssec.1) This section applies if an officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or has information that leads the officer to reasonably suspect a person has just committed an offence against this Act.\n(sec.149-ssec.2) The officer may require the person to state the person’s name and residential address.\n(sec.149-ssec.3) The officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.149-ssec.4) When making a requirement under this section, the officer must give the person an offence warning for the requirement.\n(sec.149-ssec.5) In this section— offence warning , for a requirement by an officer, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with the requirement. reasonably suspect means suspect on grounds that are reasonable in the circumstances.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the officer to reasonably suspect a person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":212},{"sectionNumber":"sec.150","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.150 Offence to contravene personal details requirement\n\nA person of whom a requirement is made under section 149 must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 149 was made.\ns 150 amd 2007 No. 46 s 241 sch\nsub 2024 No. 34 s 185\n(sec.150-ssec.1) A person of whom a requirement is made under section 149 must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.150-ssec.2) A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 149 was made.","sortOrder":213},{"sectionNumber":"sec.151","sectionType":"section","heading":"Power to require production of documents","content":"### sec.151 Power to require production of documents\n\nAn officer may require a person who has a safety and health obligation under this Act to make available, or produce, for inspection by the officer, at a reasonable time and place nominated by the officer, a document to which the person has access that relates or is related to the person’s obligations under this Act.\nThe officer may keep the document to copy it.\nIf the officer copies the document, or an entry in the document, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe officer must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement ( document certification requirement ) is made of a person under subsection (3) , the officer may keep the document until the person complies with the requirement.\nAlso, the officer may keep the document if the officer believes it is required for the investigation of a serious accident or high potential incident.\nIf an officer keeps a document under subsection (6) , the officer must give a copy of the document to the person responsible for keeping the document.\nA requirement under subsection (1) is a document production requirement .\nWhen making a document production requirement or document certification requirement, an officer must warn the person of whom the requirement is made that it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\ns 151 amd 2007 No. 46 s 119 ; 2011 No. 2 s 83\n(sec.151-ssec.1) An officer may require a person who has a safety and health obligation under this Act to make available, or produce, for inspection by the officer, at a reasonable time and place nominated by the officer, a document to which the person has access that relates or is related to the person’s obligations under this Act.\n(sec.151-ssec.2) The officer may keep the document to copy it.\n(sec.151-ssec.3) If the officer copies the document, or an entry in the document, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.151-ssec.4) The officer must return the document to the person as soon as practicable after copying it.\n(sec.151-ssec.5) However, if a requirement ( document certification requirement ) is made of a person under subsection (3) , the officer may keep the document until the person complies with the requirement.\n(sec.151-ssec.6) Also, the officer may keep the document if the officer believes it is required for the investigation of a serious accident or high potential incident.\n(sec.151-ssec.6A) If an officer keeps a document under subsection (6) , the officer must give a copy of the document to the person responsible for keeping the document.\n(sec.151-ssec.7) A requirement under subsection (1) is a document production requirement .\n(sec.151-ssec.8) When making a document production requirement or document certification requirement, an officer must warn the person of whom the requirement is made that it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.","sortOrder":214},{"sectionNumber":"sec.152","sectionType":"section","heading":"Failure to produce document","content":"### sec.152 Failure to produce document\n\nA person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is not a reasonable excuse to fail to produce the document that producing the document might incriminate the person or make the person liable to a penalty.\ns 152 amd 2007 No. 46 s 241 sch ; 2011 No. 2 s 84\n(sec.152-ssec.1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.152-ssec.2) It is not a reasonable excuse to fail to produce the document that producing the document might incriminate the person or make the person liable to a penalty.","sortOrder":215},{"sectionNumber":"sec.153","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.153 Failure to certify copy of document\n\nA person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":216},{"sectionNumber":"sec.154","sectionType":"section","heading":"Power to require attendance of persons before an officer to answer questions","content":"### sec.154 Power to require attendance of persons before an officer to answer questions\n\nAn officer may require a person to attend before the officer and to answer questions—\nrelevant to the discharge of the person’s safety and health obligations under this Act; or\non safety and health matters relevant to operations; or\nto ascertain whether this Act is being complied with; or\nrelevant to any action carried out by the officer under this Act.\nA requirement made of a person under this section to attend before an officer must—\nbe made by notice given to the person; and\nstate a reasonable time and place for the person’s attendance.\nWhen making a requirement under this section, the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\ns 154 amd 2007 No. 46 s 241 sch\n(sec.154-ssec.1) An officer may require a person to attend before the officer and to answer questions— relevant to the discharge of the person’s safety and health obligations under this Act; or on safety and health matters relevant to operations; or to ascertain whether this Act is being complied with; or relevant to any action carried out by the officer under this Act.\n(sec.154-ssec.2) A requirement made of a person under this section to attend before an officer must— be made by notice given to the person; and state a reasonable time and place for the person’s attendance.\n(sec.154-ssec.3) When making a requirement under this section, the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) relevant to the discharge of the person’s safety and health obligations under this Act; or\n- (b) on safety and health matters relevant to operations; or\n- (c) to ascertain whether this Act is being complied with; or\n- (d) relevant to any action carried out by the officer under this Act.\n- (a) be made by notice given to the person; and\n- (b) state a reasonable time and place for the person’s attendance.","sortOrder":217},{"sectionNumber":"sec.155","sectionType":"section","heading":"Failure to comply with requirement about attendance","content":"### sec.155 Failure to comply with requirement about attendance\n\nA person of whom a requirement is made under section 154 must not, unless the person has a reasonable excuse—\nfail to attend before the officer at the time and place stated in the relevant notice; or\nwhen attending before the officer fail to comply with a requirement to answer a question.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for an individual not to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\nHowever, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.\ns 155 amd 2007 No. 46 s 241 sch ; 2011 No. 2 s 85\n(sec.155-ssec.1) A person of whom a requirement is made under section 154 must not, unless the person has a reasonable excuse— fail to attend before the officer at the time and place stated in the relevant notice; or when attending before the officer fail to comply with a requirement to answer a question. Maximum penalty—40 penalty units.\n(sec.155-ssec.2) It is a reasonable excuse for an individual not to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\n(sec.155-ssec.3) However, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.\n- (a) fail to attend before the officer at the time and place stated in the relevant notice; or\n- (b) when attending before the officer fail to comply with a requirement to answer a question.","sortOrder":218},{"sectionNumber":"sec.156","sectionType":"section","heading":"Use of particular evidence in proceedings","content":"### sec.156 Use of particular evidence in proceedings\n\nSubsection (2) applies in relation to any answer given by an individual in response to a requirement under section 136 (3) (g) or 154 (1) .\nNeither the answer nor any information, document or other thing obtained as a direct or indirect result of the answer is admissible in any proceeding against the individual, other than a proceeding in which the falsity or misleading nature of the answer is relevant.\nIf a document, produced under a document production requirement, is the personal property of an individual of whom the requirement is made and the document might incriminate the individual or make the individual liable to a penalty—\nthe document is admissible in a proceeding against the individual for an offence under this Act; but\nneither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.\ns 156 amd 2007 No. 46 s 241 sch\nsub 2011 No. 2 s 86\n(sec.156-ssec.1) Subsection (2) applies in relation to any answer given by an individual in response to a requirement under section 136 (3) (g) or 154 (1) .\n(sec.156-ssec.2) Neither the answer nor any information, document or other thing obtained as a direct or indirect result of the answer is admissible in any proceeding against the individual, other than a proceeding in which the falsity or misleading nature of the answer is relevant.\n(sec.156-ssec.3) If a document, produced under a document production requirement, is the personal property of an individual of whom the requirement is made and the document might incriminate the individual or make the individual liable to a penalty— the document is admissible in a proceeding against the individual for an offence under this Act; but neither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.\n- (a) the document is admissible in a proceeding against the individual for an offence under this Act; but\n- (b) neither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.","sortOrder":219},{"sectionNumber":"sec.157","sectionType":"section","heading":"Additional powers of chief inspector","content":"### sec.157 Additional powers of chief inspector\n\nThe chief inspector has the powers of an inspector and the following additional powers—\nto give a directive under section 164 ;\nto review, and confirm, vary or set aside, directives given by inspectors, inspection officers or district workers’ representatives.\ns 157 amd 2005 No. 68 s 121 ; 2024 No. 34 s 186\n- (a) to give a directive under section 164 ;\n- (b) to review, and confirm, vary or set aside, directives given by inspectors, inspection officers or district workers’ representatives.","sortOrder":220},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Directives","content":"## Directives","sortOrder":221},{"sectionNumber":"sec.158","sectionType":"section","heading":"Definition for division","content":"### sec.158 Definition for division\n\nIn this division—\nauthorised official means—\nthe chief inspector; or\nany other inspector; or\nan inspection officer; or\na district workers’ representative.\ns 158 sub 2024 No. 34 s 189\n- (a) the chief inspector; or\n- (b) any other inspector; or\n- (c) an inspection officer; or\n- (d) a district workers’ representative.","sortOrder":222},{"sectionNumber":"sec.159","sectionType":"section","heading":"Directive may be given","content":"### sec.159 Directive may be given\n\nAn authorised official may give a directive under subdivision 3 or 4 .\ns 159 sub 2024 No. 34 s 189","sortOrder":223},{"sectionNumber":"sec.160","sectionType":"section","heading":"When directive may be given","content":"### sec.160 When directive may be given\n\nA directive may be given under this section if an authorised official believes a risk from operations at a mine—\nis at an unacceptable level; or\nmay reach an unacceptable level.\nThe directive may require a person who has a safety and health obligation in relation to the mine to do 1 or more of the following—\nsuspend operations in all or part of the mine;\ntake action stated in the directive, including, for example—\nto review the safety and health management system to ensure the system is effective; or\nto carry out a test to decide whether a risk is at an unacceptable level.\nA directive to suspend operations under subsection (2) (a) because of a risk mentioned in subsection (1) (a) may be given by—\nan inspector; or\nan inspection officer; or\na district workers’ representative.\nA directive to suspend operations under subsection (2) (a) because of a risk mentioned in subsection (1) (b) may be given by—\nan inspector; or\na district workers’ representative.\nA directive to take action stated in the directive under subsection (2) (b) may be given by—\nan inspector; or\nan inspection officer.\nDespite subsection (5) , only an inspector may give a directive under subsection (2) (b) that relates to—\na review of the safety and health management system; or\nthe carrying out of a test to decide whether a risk is at an unacceptable level.\ns 160 sub 2024 No. 34 s 189\n(sec.160-ssec.1) A directive may be given under this section if an authorised official believes a risk from operations at a mine— is at an unacceptable level; or may reach an unacceptable level.\n(sec.160-ssec.2) The directive may require a person who has a safety and health obligation in relation to the mine to do 1 or more of the following— suspend operations in all or part of the mine; take action stated in the directive, including, for example— to review the safety and health management system to ensure the system is effective; or to carry out a test to decide whether a risk is at an unacceptable level.\n(sec.160-ssec.3) A directive to suspend operations under subsection (2) (a) because of a risk mentioned in subsection (1) (a) may be given by— an inspector; or an inspection officer; or a district workers’ representative.\n(sec.160-ssec.4) A directive to suspend operations under subsection (2) (a) because of a risk mentioned in subsection (1) (b) may be given by— an inspector; or a district workers’ representative.\n(sec.160-ssec.5) A directive to take action stated in the directive under subsection (2) (b) may be given by— an inspector; or an inspection officer.\n(sec.160-ssec.6) Despite subsection (5) , only an inspector may give a directive under subsection (2) (b) that relates to— a review of the safety and health management system; or the carrying out of a test to decide whether a risk is at an unacceptable level.\n- (a) is at an unacceptable level; or\n- (b) may reach an unacceptable level.\n- (a) suspend operations in all or part of the mine;\n- (b) take action stated in the directive, including, for example— (i) to review the safety and health management system to ensure the system is effective; or (ii) to carry out a test to decide whether a risk is at an unacceptable level.\n- (i) to review the safety and health management system to ensure the system is effective; or\n- (ii) to carry out a test to decide whether a risk is at an unacceptable level.\n- (i) to review the safety and health management system to ensure the system is effective; or\n- (ii) to carry out a test to decide whether a risk is at an unacceptable level.\n- (a) an inspector; or\n- (b) an inspection officer; or\n- (c) a district workers’ representative.\n- (a) an inspector; or\n- (b) a district workers’ representative.\n- (a) an inspector; or\n- (b) an inspection officer.\n- (a) a review of the safety and health management system; or\n- (b) the carrying out of a test to decide whether a risk is at an unacceptable level.","sortOrder":224},{"sectionNumber":"sec.161","sectionType":"section","heading":"Directive to ensure task performed only by worker with competency","content":"### sec.161 Directive to ensure task performed only by worker with competency\n\nThis section applies if an inspector believes a particular task at a mine should be performed only by persons with a particular competency.\nThe inspector may give the operator for the mine a directive that the task be performed only by a worker with the competency.\ns 161 sub 2024 No. 34 s 189\n(sec.161-ssec.1) This section applies if an inspector believes a particular task at a mine should be performed only by persons with a particular competency.\n(sec.161-ssec.2) The inspector may give the operator for the mine a directive that the task be performed only by a worker with the competency.","sortOrder":225},{"sectionNumber":"sec.162","sectionType":"section","heading":"Directive to isolate site to preserve evidence","content":"### sec.162 Directive to isolate site to preserve evidence\n\nThis section applies if an inspector believes evidence relating to a serious accident or high potential incident at a mine needs to be preserved.\nThe inspector may give a directive to a person to isolate and protect the site of the accident or incident.\ns 162 sub 2024 No. 34 s 189\n(sec.162-ssec.1) This section applies if an inspector believes evidence relating to a serious accident or high potential incident at a mine needs to be preserved.\n(sec.162-ssec.2) The inspector may give a directive to a person to isolate and protect the site of the accident or incident.","sortOrder":226},{"sectionNumber":"sec.163","sectionType":"section","heading":"Directive about separate part of mine","content":"### sec.163 Directive about separate part of mine\n\nSubsection (2) applies if an inspector believes part of a mine that was taken to be a separate part of a mine under section 21 (4) is being operated in a way that makes it no longer a separate part of a mine under section 21 (4) .\nThe inspector may give a directive to the operator for the mine to operate the part of the mine so that it is a separate part of a mine under section 21 (4) .\nSubsection (4) applies if an inspector believes the operator for a mine has not complied with a directive given under subsection (2) .\nThe inspector may give the operator for the mine a directive to suspend operations in the part of the mine to which the directive given under subsection (2) applied.\ns 163 sub 2024 No. 34 s 189\n(sec.163-ssec.1) Subsection (2) applies if an inspector believes part of a mine that was taken to be a separate part of a mine under section 21 (4) is being operated in a way that makes it no longer a separate part of a mine under section 21 (4) .\n(sec.163-ssec.2) The inspector may give a directive to the operator for the mine to operate the part of the mine so that it is a separate part of a mine under section 21 (4) .\n(sec.163-ssec.3) Subsection (4) applies if an inspector believes the operator for a mine has not complied with a directive given under subsection (2) .\n(sec.163-ssec.4) The inspector may give the operator for the mine a directive to suspend operations in the part of the mine to which the directive given under subsection (2) applied.","sortOrder":227},{"sectionNumber":"sec.164","sectionType":"section","heading":"Directive to give report to chief inspector","content":"### sec.164 Directive to give report to chief inspector\n\nThe chief inspector may give a directive to a person who has a safety and health obligation in relation to a mine to give the chief inspector a report about—\nrisks from operations at the mine; or\nthe safety of part or all of any plant, building or structure at the mine; or\na serious accident or high potential incident at the mine.\nThe directive must state—\nthe objectives of the report; and\nthat the person who prepares the report must be a person approved by the chief inspector.\nFor subsection (2) (b) , the chief inspector may approve a person only if the person—\nhas professional qualifications and experience relevant to preparing the report; and\nis not an employee of the operator for the mine or of a contractor at the mine.\nA report prepared under this section is not admissible in evidence against a site senior executive for a mine, or any other worker or ROC worker mentioned in the report, in a criminal proceeding other than a proceeding about the falsity or misleading nature of the report.\ns 164 sub 2024 No. 34 s 189\n(sec.164-ssec.1) The chief inspector may give a directive to a person who has a safety and health obligation in relation to a mine to give the chief inspector a report about— risks from operations at the mine; or the safety of part or all of any plant, building or structure at the mine; or a serious accident or high potential incident at the mine.\n(sec.164-ssec.2) The directive must state— the objectives of the report; and that the person who prepares the report must be a person approved by the chief inspector.\n(sec.164-ssec.3) For subsection (2) (b) , the chief inspector may approve a person only if the person— has professional qualifications and experience relevant to preparing the report; and is not an employee of the operator for the mine or of a contractor at the mine.\n(sec.164-ssec.4) A report prepared under this section is not admissible in evidence against a site senior executive for a mine, or any other worker or ROC worker mentioned in the report, in a criminal proceeding other than a proceeding about the falsity or misleading nature of the report.\n- (a) risks from operations at the mine; or\n- (b) the safety of part or all of any plant, building or structure at the mine; or\n- (c) a serious accident or high potential incident at the mine.\n- (a) the objectives of the report; and\n- (b) that the person who prepares the report must be a person approved by the chief inspector.\n- (a) has professional qualifications and experience relevant to preparing the report; and\n- (b) is not an employee of the operator for the mine or of a contractor at the mine.","sortOrder":228},{"sectionNumber":"sec.165","sectionType":"section","heading":"Contents of directive","content":"### sec.165 Contents of directive\n\nA directive given to a person under subdivision 3 or 4 must state the following matters—\nthe action required under the directive;\nthe grounds for the directive;\na stated reasonable period within which the person must comply with the directive;\nif the directive is given by an inspector (other than the chief inspector), an inspection officer or a district workers’ representative—that the person has a right to have the directive reviewed by the chief inspector under subdivision 8 ;\nif the directive is given by the chief inspector—that the person has a right to appeal against the directive under part 13 , division 2 ;\nhow, and the period within which, the person may apply for review of, or appeal against, the directive.\ns 165 sub 2024 No. 34 s 189\n- (a) the action required under the directive;\n- (b) the grounds for the directive;\n- (c) a stated reasonable period within which the person must comply with the directive;\n- (d) if the directive is given by an inspector (other than the chief inspector), an inspection officer or a district workers’ representative—that the person has a right to have the directive reviewed by the chief inspector under subdivision 8 ;\n- (e) if the directive is given by the chief inspector—that the person has a right to appeal against the directive under part 13 , division 2 ;\n- (f) how, and the period within which, the person may apply for review of, or appeal against, the directive.","sortOrder":229},{"sectionNumber":"sec.166","sectionType":"section","heading":"Directive may be given orally or by notice","content":"### sec.166 Directive may be given orally or by notice\n\nA directive under subdivision 3 or 4 may be given to a person orally or by notice.\nHowever, if a directive is given to a person orally, the directive must be confirmed by notice to the person as soon as reasonably practicable after the directive is given.\nA copy of a notice given under subsection (1) or (2) must be given to—\nthe site senior executive for the mine, or part of the mine, to which the directive relates; and\nthe person in control of the mine, or part of the mine, to which the directive relates.\nFailure to comply with subsection (2) or (3) does not affect the validity of the directive.\nAlso, a directive is not invalid only because of—\na formal defect or irregularity in a notice given under this section unless the defect or irregularity causes or is likely to cause substantial injustice; or\na failure to use the correct name of a person in a notice given under this section if the notice sufficiently identifies the person.\ns 166 sub 2024 No. 34 s 189\n(sec.166-ssec.1) A directive under subdivision 3 or 4 may be given to a person orally or by notice.\n(sec.166-ssec.2) However, if a directive is given to a person orally, the directive must be confirmed by notice to the person as soon as reasonably practicable after the directive is given.\n(sec.166-ssec.3) A copy of a notice given under subsection (1) or (2) must be given to— the site senior executive for the mine, or part of the mine, to which the directive relates; and the person in control of the mine, or part of the mine, to which the directive relates.\n(sec.166-ssec.4) Failure to comply with subsection (2) or (3) does not affect the validity of the directive.\n(sec.166-ssec.5) Also, a directive is not invalid only because of— a formal defect or irregularity in a notice given under this section unless the defect or irregularity causes or is likely to cause substantial injustice; or a failure to use the correct name of a person in a notice given under this section if the notice sufficiently identifies the person.\n- (a) the site senior executive for the mine, or part of the mine, to which the directive relates; and\n- (b) the person in control of the mine, or part of the mine, to which the directive relates.\n- (a) a formal defect or irregularity in a notice given under this section unless the defect or irregularity causes or is likely to cause substantial injustice; or\n- (b) a failure to use the correct name of a person in a notice given under this section if the notice sufficiently identifies the person.","sortOrder":230},{"sectionNumber":"sec.167","sectionType":"section","heading":"Withdrawal of directive","content":"### sec.167 Withdrawal of directive\n\nA directive given under subdivision 3 or 4 may be withdrawn by notice given by—\nfor a directive given by the chief inspector—the chief inspector; or\nfor a directive given by an inspector other than the chief inspector—the inspector or another inspector; or\nfor a directive given by an inspection officer—the inspection officer or an inspector; or\nfor a directive given by a district workers’ representative—the district workers’ representative or an inspector.\nSee also section 157 .\ns 167 amd 2002 No. 25 s 35\nsub 2024 No. 34 s 189\n- (a) for a directive given by the chief inspector—the chief inspector; or\n- (b) for a directive given by an inspector other than the chief inspector—the inspector or another inspector; or\n- (c) for a directive given by an inspection officer—the inspection officer or an inspector; or\n- (d) for a directive given by a district workers’ representative—the district workers’ representative or an inspector.","sortOrder":231},{"sectionNumber":"sec.168","sectionType":"section","heading":"Person must comply with directive","content":"### sec.168 Person must comply with directive\n\nA person to whom a directive is given under subdivision 3 or 4 must comply with the directive within the period stated in the directive.\nMaximum penalty—800 penalty units or 2 years imprisonment.\ns 168 sub 2024 No. 34 s 189","sortOrder":232},{"sectionNumber":"sec.169","sectionType":"section","heading":"Authorised official must keep record of directive","content":"### sec.169 Authorised official must keep record of directive\n\nThis section applies if an authorised official gives a directive under subdivision 3 or 4 .\nThe authorised official must keep an accurate record of the directive for at least 7 years after the directive is given.\ns 169 sub 2024 No. 34 s 189\n(sec.169-ssec.1) This section applies if an authorised official gives a directive under subdivision 3 or 4 .\n(sec.169-ssec.2) The authorised official must keep an accurate record of the directive for at least 7 years after the directive is given.","sortOrder":233},{"sectionNumber":"sec.170","sectionType":"section","heading":"Directive must be entered in mine record","content":"### sec.170 Directive must be entered in mine record\n\nThis section applies if an authorised official gives a directive relating to a mine under subdivision 3 or 4 .\nThe authorised official must, as soon as reasonably practicable after giving the directive—\nenter in the mine record the directive; and\nstate in the mine record the reason for the directive.\nThe site senior executive for the mine must enter in the mine record the action taken to comply with the directive as soon as practicable after taking the action.\nMaximum penalty—40 penalty units.\ns 170 amd 2007 No. 46 s 120\nsub 2024 No. 34 s 189\n(sec.170-ssec.1) This section applies if an authorised official gives a directive relating to a mine under subdivision 3 or 4 .\n(sec.170-ssec.2) The authorised official must, as soon as reasonably practicable after giving the directive— enter in the mine record the directive; and state in the mine record the reason for the directive.\n(sec.170-ssec.3) The site senior executive for the mine must enter in the mine record the action taken to comply with the directive as soon as practicable after taking the action. Maximum penalty—40 penalty units.\n- (a) enter in the mine record the directive; and\n- (b) state in the mine record the reason for the directive.","sortOrder":234},{"sectionNumber":"sec.171","sectionType":"section","heading":"Workers must have access to directives","content":"### sec.171 Workers must have access to directives\n\nThe site senior executive for a mine must make a copy of a directive given under subdivision 3 or 4 relating to the mine available for inspection by workers at the mine for at least 7 years after the directive is given.\nMaximum penalty—40 penalty units.\ns 171 amd 2002 No. 25 s 36\nsub 2024 No. 34 s 189","sortOrder":235},{"sectionNumber":"sec.171A","sectionType":"section","heading":"Authorised official must keep record of report","content":"### sec.171A Authorised official must keep record of report\n\nThis section applies if an authorised official gives a report to a person under this Act.\nThe authorised official must keep an accurate record of the report for at least 7 years after the report is given to the person.\ns 171A ins 2024 No. 34 s 189\n(sec.171A-ssec.1) This section applies if an authorised official gives a report to a person under this Act.\n(sec.171A-ssec.2) The authorised official must keep an accurate record of the report for at least 7 years after the report is given to the person.","sortOrder":236},{"sectionNumber":"sec.171B","sectionType":"section","heading":"Authorised official must keep record of inspection of mine","content":"### sec.171B Authorised official must keep record of inspection of mine\n\nThis section applies if an authorised official inspects a mine under this Act.\nThe authorised official must—\nmake a written report about the inspection; and\ngive a copy of the report to the operator, and site senior executive, for the mine.\ns 171B ins 2024 No. 34 s 189\n(sec.171B-ssec.1) This section applies if an authorised official inspects a mine under this Act.\n(sec.171B-ssec.2) The authorised official must— make a written report about the inspection; and give a copy of the report to the operator, and site senior executive, for the mine.\n- (a) make a written report about the inspection; and\n- (b) give a copy of the report to the operator, and site senior executive, for the mine.","sortOrder":237},{"sectionNumber":"sec.172","sectionType":"section","heading":"Application for review","content":"### sec.172 Application for review\n\nA person given a directive under subdivision 3 or 4 by an authorised official (other than the chief inspector) may apply under this division for the directive to be reviewed.\nA district workers’ representative may give a directive under section 116 .\ns 172 amd 2024 No. 34 s 190","sortOrder":238},{"sectionNumber":"sec.173","sectionType":"section","heading":"Procedure for review","content":"### sec.173 Procedure for review\n\nThe application must—\nbe made in writing to the chief inspector; and\nbe supported by enough information to allow the chief inspector to decide the application.\nThe application must be made to the chief inspector within—\n7 days after the day on which the person received the directive; or\nthe longer period, within 2 months after the day, the chief inspector in special circumstances allows.\nThe chief inspector must consider the application within 7 days after receiving it and immediately advise the applicant in writing whether the chief inspector considers the applicant has complied with subsection (1) .\nIf the chief inspector does not consider the application is supported by enough information to allow the chief inspector to decide the application, the chief inspector must advise the applicant what further information the chief inspector requires.\nWhen the chief inspector is satisfied the applicant has complied with subsection (1) , the chief inspector must immediately advise the applicant in writing of that fact.\n(sec.173-ssec.1) The application must— be made in writing to the chief inspector; and be supported by enough information to allow the chief inspector to decide the application.\n(sec.173-ssec.2) The application must be made to the chief inspector within— 7 days after the day on which the person received the directive; or the longer period, within 2 months after the day, the chief inspector in special circumstances allows.\n(sec.173-ssec.3) The chief inspector must consider the application within 7 days after receiving it and immediately advise the applicant in writing whether the chief inspector considers the applicant has complied with subsection (1) .\n(sec.173-ssec.4) If the chief inspector does not consider the application is supported by enough information to allow the chief inspector to decide the application, the chief inspector must advise the applicant what further information the chief inspector requires.\n(sec.173-ssec.5) When the chief inspector is satisfied the applicant has complied with subsection (1) , the chief inspector must immediately advise the applicant in writing of that fact.\n- (a) be made in writing to the chief inspector; and\n- (b) be supported by enough information to allow the chief inspector to decide the application.\n- (a) 7 days after the day on which the person received the directive; or\n- (b) the longer period, within 2 months after the day, the chief inspector in special circumstances allows.","sortOrder":239},{"sectionNumber":"sec.174","sectionType":"section","heading":"Review of directive","content":"### sec.174 Review of directive\n\nThe chief inspector must, within 14 days after giving the advice mentioned in section 173 (5) , review the directive and make a decision (the review decision )—\nto confirm the directive appealed against; or\nto vary or set aside the directive appealed against.\nThe chief inspector may give a directive in substitution for a directive the chief inspector decides to set aside.\nWithin 7 days after making the review decision, the chief inspector must give notice of the decision to the applicant.\nThe notice must—\ninclude the reasons for the review decision; and\nif the notice does not set aside the directive, tell the applicant of the applicant’s right of appeal against the decision.\nIf the chief inspector does not—\nreview the directive within the period allowed under subsection (1) ; or\nhaving reviewed the directive, advise the applicant of the review decision within the period allowed under subsection (3) ;\nthe applicant may appeal against the directive under part 13 .\ns 174 amd 2024 No. 34 s 191\n(sec.174-ssec.1) The chief inspector must, within 14 days after giving the advice mentioned in section 173 (5) , review the directive and make a decision (the review decision )— to confirm the directive appealed against; or to vary or set aside the directive appealed against.\n(sec.174-ssec.2) The chief inspector may give a directive in substitution for a directive the chief inspector decides to set aside.\n(sec.174-ssec.3) Within 7 days after making the review decision, the chief inspector must give notice of the decision to the applicant.\n(sec.174-ssec.4) The notice must— include the reasons for the review decision; and if the notice does not set aside the directive, tell the applicant of the applicant’s right of appeal against the decision.\n(sec.174-ssec.5) If the chief inspector does not— review the directive within the period allowed under subsection (1) ; or having reviewed the directive, advise the applicant of the review decision within the period allowed under subsection (3) ; the applicant may appeal against the directive under part 13 .\n- (a) to confirm the directive appealed against; or\n- (b) to vary or set aside the directive appealed against.\n- (a) include the reasons for the review decision; and\n- (b) if the notice does not set aside the directive, tell the applicant of the applicant’s right of appeal against the decision.\n- (a) review the directive within the period allowed under subsection (1) ; or\n- (b) having reviewed the directive, advise the applicant of the review decision within the period allowed under subsection (3) ;","sortOrder":240},{"sectionNumber":"sec.175","sectionType":"section","heading":"Stay of operation of directive","content":"### sec.175 Stay of operation of directive\n\nIf a person applies under this division for a directive to be reviewed, the person may immediately apply to the Industrial Court for a stay of the directive.\nThe court may stay the directive to secure the effectiveness of the review and any later appeal to the court.\nA stay—\nmay be given on conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be revoked or amended by the court.\nThe period of a stay must not extend past the time when the chief inspector reviews the directive and any later period the court allows the person to enable the person to appeal against the decision.\nAn application made for a review of a directive affects the directive, or the carrying out of the directive, only if the directive is stayed.\nHowever, a directive under section 160 (2) (a) must not be stayed.\ns 175 amd 2024 No. 34 s 192\n(sec.175-ssec.1) If a person applies under this division for a directive to be reviewed, the person may immediately apply to the Industrial Court for a stay of the directive.\n(sec.175-ssec.2) The court may stay the directive to secure the effectiveness of the review and any later appeal to the court.\n(sec.175-ssec.3) A stay— may be given on conditions the court considers appropriate; and operates for the period fixed by the court; and may be revoked or amended by the court.\n(sec.175-ssec.4) The period of a stay must not extend past the time when the chief inspector reviews the directive and any later period the court allows the person to enable the person to appeal against the decision.\n(sec.175-ssec.5) An application made for a review of a directive affects the directive, or the carrying out of the directive, only if the directive is stayed.\n(sec.175-ssec.6) However, a directive under section 160 (2) (a) must not be stayed.\n- (a) may be given on conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be revoked or amended by the court.","sortOrder":241},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"General enforcement offences","content":"## General enforcement offences","sortOrder":242},{"sectionNumber":"sec.176","sectionType":"section","heading":"False or misleading statements","content":"### sec.176 False or misleading statements\n\nA person must not state anything to an inspector, inspection officer, authorised officer or district workers’ representative the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nIt is enough for a complaint for an offence against subsection (1) to allege and prove that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\ns 176 amd 2007 No. 46 s 121\n(sec.176-ssec.1) A person must not state anything to an inspector, inspection officer, authorised officer or district workers’ representative the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.176-ssec.2) It is enough for a complaint for an offence against subsection (1) to allege and prove that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":243},{"sectionNumber":"sec.177","sectionType":"section","heading":"False or misleading documents","content":"### sec.177 False or misleading documents\n\nA person must not give an inspector, inspection officer, authorised officer or district workers’ representative a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the inspector, inspection officer, authorised officer or district workers’ representative, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nAlso, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nIt is enough for a complaint for an offence against subsection (1) or (3) to allege and prove that the document or entry was ‘false or misleading to the person’s knowledge’, without specifying which.\ns 177 amd 2007 No. 46 s 122\n(sec.177-ssec.1) A person must not give an inspector, inspection officer, authorised officer or district workers’ representative a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.177-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the inspector, inspection officer, authorised officer or district workers’ representative, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.177-ssec.3) Also, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.177-ssec.4) It is enough for a complaint for an offence against subsection (1) or (3) to allege and prove that the document or entry was ‘false or misleading to the person’s knowledge’, without specifying which.\n- (a) tells the inspector, inspection officer, authorised officer or district workers’ representative, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":244},{"sectionNumber":"sec.178","sectionType":"section","heading":"Obstructing inspectors, officers or district workers’ representatives","content":"### sec.178 Obstructing inspectors, officers or district workers’ representatives\n\nA person must not obstruct an inspector, inspection officer, authorised officer or district workers’ representative in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIf a person has obstructed an inspector, inspection officer, authorised officer or district workers’ representative and the inspector, officer or representative decides to proceed with the exercise of the power, the inspector, officer or representative must warn the person that—\nit is an offence to obstruct the inspector, officer or representative, unless the person has a reasonable excuse; and\nthe inspector, officer or representative considers the person’s conduct an obstruction.\ns 178 amd 2007 No. 46 s 123 ; 2024 No. 34 s 193\n(sec.178-ssec.1) A person must not obstruct an inspector, inspection officer, authorised officer or district workers’ representative in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.178-ssec.2) If a person has obstructed an inspector, inspection officer, authorised officer or district workers’ representative and the inspector, officer or representative decides to proceed with the exercise of the power, the inspector, officer or representative must warn the person that— it is an offence to obstruct the inspector, officer or representative, unless the person has a reasonable excuse; and the inspector, officer or representative considers the person’s conduct an obstruction.\n- (a) it is an offence to obstruct the inspector, officer or representative, unless the person has a reasonable excuse; and\n- (b) the inspector, officer or representative considers the person’s conduct an obstruction.","sortOrder":245},{"sectionNumber":"pt.10","sectionType":"part","heading":"Board of examiners","content":"# Board of examiners","sortOrder":246},{"sectionNumber":"sec.179","sectionType":"section","heading":"Purpose of pt 10","content":"### sec.179 Purpose of pt 10\n\nThe main purpose of this part is to state the functions under this Act of the board of examiners established under the Coal Mining Safety and Health Act 1999 .\ns 179 sub 2010 No. 17 s 68","sortOrder":247},{"sectionNumber":"sec.180","sectionType":"section","heading":"Functions of board of examiners","content":"### sec.180 Functions of board of examiners\n\nThe board of examiners has the following functions—\nto decide the competencies necessary for holders of certificates of competency;\nto assess applicants, or have applicants assessed, for certificates of competency;\nto grant certificates of competency to persons who have demonstrated to the board’s satisfaction the appropriate competencies necessary to hold the certificates;\nto ensure the competencies under this Act are consistent with the competencies required by other States for the holders of certificates of competency;\nto issue notices ( site senior executive notices ) to persons who have demonstrated to the board’s satisfaction the safety and health competencies, recognised by the committee under section 67A (a) , required to perform the duties of a site senior executive for a mine;\nto develop and administer a scheme for the continuing professional development of holders of certificates of competency or site senior executive notices, including, for example—\ndeciding the type of continuing professional development required; and\ndeciding the minimum continuing professional development particular holders must undertake; and\nissuing practising certificates to holders who have completed the required continuing professional development; and\nrenewing practising certificates of holders who have completed the required continuing professional development;\nto perform any other function conferred on the board of examiners under this Act.\ns 180 sub 2010 No. 17 s 68\namd 2018 No. 28 s 72 ; 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 194\n- (a) to decide the competencies necessary for holders of certificates of competency;\n- (b) to assess applicants, or have applicants assessed, for certificates of competency;\n- (c) to grant certificates of competency to persons who have demonstrated to the board’s satisfaction the appropriate competencies necessary to hold the certificates;\n- (d) to ensure the competencies under this Act are consistent with the competencies required by other States for the holders of certificates of competency;\n- (e) to issue notices ( site senior executive notices ) to persons who have demonstrated to the board’s satisfaction the safety and health competencies, recognised by the committee under section 67A (a) , required to perform the duties of a site senior executive for a mine;\n- (f) to develop and administer a scheme for the continuing professional development of holders of certificates of competency or site senior executive notices, including, for example— (i) deciding the type of continuing professional development required; and (ii) deciding the minimum continuing professional development particular holders must undertake; and (iii) issuing practising certificates to holders who have completed the required continuing professional development; and (iv) renewing practising certificates of holders who have completed the required continuing professional development;\n- (i) deciding the type of continuing professional development required; and\n- (ii) deciding the minimum continuing professional development particular holders must undertake; and\n- (iii) issuing practising certificates to holders who have completed the required continuing professional development; and\n- (iv) renewing practising certificates of holders who have completed the required continuing professional development;\n- (g) to perform any other function conferred on the board of examiners under this Act.\n- (i) deciding the type of continuing professional development required; and\n- (ii) deciding the minimum continuing professional development particular holders must undertake; and\n- (iii) issuing practising certificates to holders who have completed the required continuing professional development; and\n- (iv) renewing practising certificates of holders who have completed the required continuing professional development;","sortOrder":248},{"sectionNumber":"sec.180A","sectionType":"section","heading":"Minister’s power to give directions in public interest","content":"### sec.180A Minister’s power to give directions in public interest\n\nThe Minister may give the board of examiners a written direction about a matter relevant to the performance of the board’s functions under this Act if the Minister is satisfied it is necessary, and in the public interest, to give the direction.\nWithout limiting subsection (1) , the direction may be—\nto give the Minister reports and information; or\nto apply a policy, standard or other instrument applying to a public sector unit.\nThe direction can not be about any of the following—\nissuing, or refusing to issue, a board qualification;\nrenewing, or refusing to renew, a board qualification;\notherwise amending, or suspending or cancelling a board qualification.\nThe board of examiners must comply with the direction.\ns 180A ins 2024 No. 34 s 195\n(sec.180A-ssec.1) The Minister may give the board of examiners a written direction about a matter relevant to the performance of the board’s functions under this Act if the Minister is satisfied it is necessary, and in the public interest, to give the direction.\n(sec.180A-ssec.2) Without limiting subsection (1) , the direction may be— to give the Minister reports and information; or to apply a policy, standard or other instrument applying to a public sector unit.\n(sec.180A-ssec.3) The direction can not be about any of the following— issuing, or refusing to issue, a board qualification; renewing, or refusing to renew, a board qualification; otherwise amending, or suspending or cancelling a board qualification.\n(sec.180A-ssec.4) The board of examiners must comply with the direction.\n- (a) to give the Minister reports and information; or\n- (b) to apply a policy, standard or other instrument applying to a public sector unit.\n- (a) issuing, or refusing to issue, a board qualification;\n- (b) renewing, or refusing to renew, a board qualification;\n- (c) otherwise amending, or suspending or cancelling a board qualification.","sortOrder":249},{"sectionNumber":"sec.181","sectionType":"section","heading":"Examiners to be qualified","content":"### sec.181 Examiners to be qualified\n\nA person must not assess an applicant for a certificate of competency unless the person has appropriate qualifications and experience to assess the applicant.\nMaximum penalty—100 penalty units.\ns 181 sub 2010 No. 17 s 68","sortOrder":250},{"sectionNumber":"sec.181A","sectionType":"section","heading":"Board of examiners may consider previous suspension, cancellation or surrender of board qualification","content":"### sec.181A Board of examiners may consider previous suspension, cancellation or surrender of board qualification\n\nThis section applies if—\na person has applied for the grant of a board qualification; and\na board qualification previously held by the person was suspended, cancelled or surrendered under this Act.\nThe board of examiners may have regard to the previous suspension, cancellation or surrender in deciding the application.\nSubsection (2) does not limit the matters to which the board of examiners may have regard in deciding the application.\ns 181A ins 2018 No. 28 s 73\namd 2024 No. 34 s 196\n(sec.181A-ssec.1) This section applies if— a person has applied for the grant of a board qualification; and a board qualification previously held by the person was suspended, cancelled or surrendered under this Act.\n(sec.181A-ssec.2) The board of examiners may have regard to the previous suspension, cancellation or surrender in deciding the application.\n(sec.181A-ssec.3) Subsection (2) does not limit the matters to which the board of examiners may have regard in deciding the application.\n- (a) a person has applied for the grant of a board qualification; and\n- (b) a board qualification previously held by the person was suspended, cancelled or surrendered under this Act.","sortOrder":251},{"sectionNumber":"sec.182","sectionType":"section","heading":"Obtaining board qualifications by fraud","content":"### sec.182 Obtaining board qualifications by fraud\n\nA person must not become, or attempt to become, the holder of a board qualification by giving false information to the board of examiners.\nMaximum penalty—400 penalty units.\nThe board of examiners may cancel a board qualification by notice to the holder if the board is satisfied that the holder obtained the board qualification by giving false information to the board.\nIf the board of examiners decides to cancel a board qualification, the board must give notice of the decision to the following persons, to the extent the persons are known to the board—\nfor a decision relating to a certificate of competency—the site senior executive for each mine at which the holder works;\nfor a decision relating to a site senior executive notice—the operator for each mine at which the holder works;\nfor a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works;\nfor a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works.\ns 182 sub 2010 No. 17 s 68\namd 2018 No. 28 s 74 ; 2024 No. 34 s 197\n(sec.182-ssec.1) A person must not become, or attempt to become, the holder of a board qualification by giving false information to the board of examiners. Maximum penalty—400 penalty units.\n(sec.182-ssec.2) The board of examiners may cancel a board qualification by notice to the holder if the board is satisfied that the holder obtained the board qualification by giving false information to the board.\n(sec.182-ssec.3) If the board of examiners decides to cancel a board qualification, the board must give notice of the decision to the following persons, to the extent the persons are known to the board— for a decision relating to a certificate of competency—the site senior executive for each mine at which the holder works; for a decision relating to a site senior executive notice—the operator for each mine at which the holder works; for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works; for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works.\n- (a) for a decision relating to a certificate of competency—the site senior executive for each mine at which the holder works;\n- (b) for a decision relating to a site senior executive notice—the operator for each mine at which the holder works;\n- (c) for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works;\n- (d) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works.","sortOrder":252},{"sectionNumber":"sec.183","sectionType":"section","heading":"Return of board qualification","content":"### sec.183 Return of board qualification\n\nThe holder of a board qualification must, unless the holder has a reasonable excuse, immediately return the board qualification to the board of examiners if—\nthe board has given the holder notice under section 182 (2) ; or\na Magistrates Court suspends or cancels the board qualification under section 237 ; or\nthe CEO suspends or cancels the board qualification under part 10A ; or\nthe holder surrenders the board qualification.\nMaximum penalty—400 penalty units.\ns 183 amd 2000 No. 18 s 18\nsub 2010 No. 17 s 68\namd 2018 No. 28 s 75 ; 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 198\n- (a) the board has given the holder notice under section 182 (2) ; or\n- (b) a Magistrates Court suspends or cancels the board qualification under section 237 ; or\n- (c) the CEO suspends or cancels the board qualification under part 10A ; or\n- (d) the holder surrenders the board qualification.","sortOrder":253},{"sectionNumber":"sec.184","sectionType":"section","heading":"Effect on particular appointments of suspension, cancellation or surrender of board qualification","content":"### sec.184 Effect on particular appointments of suspension, cancellation or surrender of board qualification\n\nThis section applies if—\na board qualification held by a person is suspended, cancelled or surrendered under this Act; and\nimmediately before the suspension, cancellation or surrender took effect, the person held an appointment under this Act; and\nthis Act requires a person to hold the board qualification to be appointed to the position.\nThe person’s appointment to the position ends on the suspension, cancellation or surrender of the person’s board qualification.\ns 184 prev s 184 om 2010 No. 17 s 68\npres s 184 ins 2018 No. 28 s 76\namd 2024 No. 34 s 199\n(sec.184-ssec.1) This section applies if— a board qualification held by a person is suspended, cancelled or surrendered under this Act; and immediately before the suspension, cancellation or surrender took effect, the person held an appointment under this Act; and this Act requires a person to hold the board qualification to be appointed to the position.\n(sec.184-ssec.2) The person’s appointment to the position ends on the suspension, cancellation or surrender of the person’s board qualification.\n- (a) a board qualification held by a person is suspended, cancelled or surrendered under this Act; and\n- (b) immediately before the suspension, cancellation or surrender took effect, the person held an appointment under this Act; and\n- (c) this Act requires a person to hold the board qualification to be appointed to the position.","sortOrder":254},{"sectionNumber":"sec.185","sectionType":"section","heading":"Register to be kept by board of examiners","content":"### sec.185 Register to be kept by board of examiners\n\nThe board of examiners must keep a register of—\ncertificates of competency granted by the board; and\nsite senior executive notices issued by the board; and\npractising certificates issued by the board; and\nnotices of registration given by the board under a mutual recognition Act.\nThe register must include the following information—\nfor a board qualification—\nthe name and contact details of the holder of the qualification; and\ndetails of the qualification; and\nthe status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender;\nfor a notice mentioned in subsection (1) (d) —the name and contact details of the person to whom the notice was given;\nany other information prescribed by regulation.\nThe board of examiners may disclose information in the register, other than the contact details of an individual, to any person or agency.\ns 185 prev s 185 amd 2009 No. 25 s 83 sch\nom 2010 No. 17 s 68\npres s 185 ins 2018 No. 28 s 76\namd 2024 No. 34 s 200\n(sec.185-ssec.1) The board of examiners must keep a register of— certificates of competency granted by the board; and site senior executive notices issued by the board; and practising certificates issued by the board; and notices of registration given by the board under a mutual recognition Act.\n(sec.185-ssec.2) The register must include the following information— for a board qualification— the name and contact details of the holder of the qualification; and details of the qualification; and the status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender; for a notice mentioned in subsection (1) (d) —the name and contact details of the person to whom the notice was given; any other information prescribed by regulation.\n(sec.185-ssec.3) The board of examiners may disclose information in the register, other than the contact details of an individual, to any person or agency.\n- (a) certificates of competency granted by the board; and\n- (b) site senior executive notices issued by the board; and\n- (c) practising certificates issued by the board; and\n- (d) notices of registration given by the board under a mutual recognition Act.\n- (a) for a board qualification— (i) the name and contact details of the holder of the qualification; and (ii) details of the qualification; and (iii) the status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender;\n- (i) the name and contact details of the holder of the qualification; and\n- (ii) details of the qualification; and\n- (iii) the status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender;\n- (b) for a notice mentioned in subsection (1) (d) —the name and contact details of the person to whom the notice was given;\n- (c) any other information prescribed by regulation.\n- (i) the name and contact details of the holder of the qualification; and\n- (ii) details of the qualification; and\n- (iii) the status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender;","sortOrder":255},{"sectionNumber":"pt.10A","sectionType":"part","heading":"Suspension and cancellation of board qualifications by CEO","content":"# Suspension and cancellation of board qualifications by CEO","sortOrder":256},{"sectionNumber":"sec.186","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.186 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a person’s certificate of competency under this part—\nthe person has contravened a safety and health obligation;\nthe person has committed an offence against a law of Queensland or another State (a corresponding law ) relating to mining safety;\na certificate, equivalent to a certificate of competency, that was issued to the person under a corresponding law of another State has been suspended or cancelled.\nEach of the following is a ground for suspending or cancelling a person’s site senior executive notice under this part—\nthe person has contravened a safety and health obligation;\nthe person has committed an offence against a corresponding law.\nThe only ground for suspending or cancelling a person’s practising certificate under this part is that the person has failed to complete the requirements of the board of examiners to hold the certificate.\ns 186 prev s 186 om 2010 No. 17 s 68\npres s 186 ins 2018 No. 28 s 77\namd 2024 No. 34 s 202\n(sec.186-ssec.1) Each of the following is a ground for suspending or cancelling a person’s certificate of competency under this part— the person has contravened a safety and health obligation; the person has committed an offence against a law of Queensland or another State (a corresponding law ) relating to mining safety; a certificate, equivalent to a certificate of competency, that was issued to the person under a corresponding law of another State has been suspended or cancelled.\n(sec.186-ssec.2) Each of the following is a ground for suspending or cancelling a person’s site senior executive notice under this part— the person has contravened a safety and health obligation; the person has committed an offence against a corresponding law.\n(sec.186-ssec.3) The only ground for suspending or cancelling a person’s practising certificate under this part is that the person has failed to complete the requirements of the board of examiners to hold the certificate.\n- (a) the person has contravened a safety and health obligation;\n- (b) the person has committed an offence against a law of Queensland or another State (a corresponding law ) relating to mining safety;\n- (c) a certificate, equivalent to a certificate of competency, that was issued to the person under a corresponding law of another State has been suspended or cancelled.\n- (a) the person has contravened a safety and health obligation;\n- (b) the person has committed an offence against a corresponding law.","sortOrder":257},{"sectionNumber":"sec.187","sectionType":"section","heading":"Notice of proposed action","content":"### sec.187 Notice of proposed action\n\nThis section applies if the CEO considers there is a ground to suspend or cancel a person’s board qualification (the proposed action ).\nBefore taking the proposed action, the CEO must give the person a notice (a proposed action notice ) stating each of the following matters—\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is to suspend the board qualification—the proposed period of the suspension;\nthat the person may make a written submission to the CEO, within a stated period of at least 28 days, to show why the proposed action should not be taken.\ns 187 prev s 187 om 2010 No. 17 s 68\npres s 187 ins 2018 No. 28 s 77\namd 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 203\n(sec.187-ssec.1) This section applies if the CEO considers there is a ground to suspend or cancel a person’s board qualification (the proposed action ).\n(sec.187-ssec.2) Before taking the proposed action, the CEO must give the person a notice (a proposed action notice ) stating each of the following matters— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is to suspend the board qualification—the proposed period of the suspension; that the person may make a written submission to the CEO, within a stated period of at least 28 days, to show why the proposed action should not be taken.\n- (a) the proposed action;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is to suspend the board qualification—the proposed period of the suspension;\n- (e) that the person may make a written submission to the CEO, within a stated period of at least 28 days, to show why the proposed action should not be taken.","sortOrder":258},{"sectionNumber":"sec.188","sectionType":"section","heading":"Submission against taking of proposed action","content":"### sec.188 Submission against taking of proposed action\n\nThe person may, within the period stated in the proposed action notice under section 187 (2) (e) , make a written submission to the CEO to show why the proposed action should not be taken.\ns 188 prev s 188 om 2010 No. 17 s 68\npres s 188 ins 2018 No. 28 s 77\namd 2020 No. 10 s 139 sch 2","sortOrder":259},{"sectionNumber":"sec.189","sectionType":"section","heading":"Decision to take proposed action","content":"### sec.189 Decision to take proposed action\n\nThis section applies if—\nthe period stated in the proposed action notice under section 187 (2) (e) has ended; and\nthe CEO has considered any written submission made by the person under section 188 ; and\nthe CEO still considers a ground exists to take the proposed action.\nThe CEO may decide—\nif the proposed action was to suspend the board qualification—to suspend the qualification for no longer than the proposed period of the suspension stated in the proposed action notice; or\nif the proposed action was to cancel the board qualification—to cancel the qualification or suspend it for a period.\nThe CEO must give the person notice of the decision.\nThe notice must state each of the following matters—\nthe CEO’s decision;\nthe reasons for the decision;\nthat the person may appeal against the decision within 28 days;\nhow the person may appeal;\nthat the person may apply for a stay of the decision if the person appeals against it.\nThe decision takes effect on the day the notice is given to the person.\nThe CEO must give notice of the decision to—\nthe following persons, to the extent the persons are known to the CEO—\nfor a decision relating to a certificate of competency—the site senior executive for each mine at which the person works;\nfor a decision relating to a site senior executive notice—the operator for each mine at which the person works;\nfor a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works;\nfor a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works; and\nthe board of examiners.\ns 189 prev s 189 om 2010 No. 17 s 68\npres s 189 ins 2018 No. 28 s 77\namd 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 204\n(sec.189-ssec.1) This section applies if— the period stated in the proposed action notice under section 187 (2) (e) has ended; and the CEO has considered any written submission made by the person under section 188 ; and the CEO still considers a ground exists to take the proposed action.\n(sec.189-ssec.2) The CEO may decide— if the proposed action was to suspend the board qualification—to suspend the qualification for no longer than the proposed period of the suspension stated in the proposed action notice; or if the proposed action was to cancel the board qualification—to cancel the qualification or suspend it for a period.\n(sec.189-ssec.3) The CEO must give the person notice of the decision.\n(sec.189-ssec.4) The notice must state each of the following matters— the CEO’s decision; the reasons for the decision; that the person may appeal against the decision within 28 days; how the person may appeal; that the person may apply for a stay of the decision if the person appeals against it.\n(sec.189-ssec.5) The decision takes effect on the day the notice is given to the person.\n(sec.189-ssec.6) The CEO must give notice of the decision to— the following persons, to the extent the persons are known to the CEO— for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works; for a decision relating to a site senior executive notice—the operator for each mine at which the person works; for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works; for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works; and the board of examiners.\n- (a) the period stated in the proposed action notice under section 187 (2) (e) has ended; and\n- (b) the CEO has considered any written submission made by the person under section 188 ; and\n- (c) the CEO still considers a ground exists to take the proposed action.\n- (a) if the proposed action was to suspend the board qualification—to suspend the qualification for no longer than the proposed period of the suspension stated in the proposed action notice; or\n- (b) if the proposed action was to cancel the board qualification—to cancel the qualification or suspend it for a period.\n- (a) the CEO’s decision;\n- (b) the reasons for the decision;\n- (c) that the person may appeal against the decision within 28 days;\n- (d) how the person may appeal;\n- (e) that the person may apply for a stay of the decision if the person appeals against it.\n- (a) the following persons, to the extent the persons are known to the CEO— (i) for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works; (ii) for a decision relating to a site senior executive notice—the operator for each mine at which the person works; (iii) for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works; (iv) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works; and\n- (i) for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works;\n- (ii) for a decision relating to a site senior executive notice—the operator for each mine at which the person works;\n- (iii) for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works;\n- (iv) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works; and\n- (b) the board of examiners.\n- (i) for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works;\n- (ii) for a decision relating to a site senior executive notice—the operator for each mine at which the person works;\n- (iii) for a decision relating to a practising certificate held by a site senior executive—the operator for each mine at which the holder works;\n- (iv) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each mine at which the holder works; and","sortOrder":260},{"sectionNumber":"sec.190","sectionType":"section","heading":"Automatic cancellation or suspension of practising certificate","content":"### sec.190 Automatic cancellation or suspension of practising certificate\n\nThis section applies if a person’s certificate of competency or site senior executive notice is cancelled or suspended under this part or by a court.\nAny practising certificate, relating to the certificate of competency or site senior executive notice, held by the person is also cancelled or suspended for the same period.\ns 190 prev s 190 om 2010 No. 17 s 68\npres s 190 ins 2024 No. 34 s 205\n(sec.190-ssec.1) This section applies if a person’s certificate of competency or site senior executive notice is cancelled or suspended under this part or by a court.\n(sec.190-ssec.2) Any practising certificate, relating to the certificate of competency or site senior executive notice, held by the person is also cancelled or suspended for the same period. s 190 prev s 190 om 2010 No. 17 s 68 pres s 190 ins 2024 No. 34 s 205","sortOrder":261},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 om 2010 No. 17 s 68","sortOrder":262},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 om 2010 No. 17 s 68","sortOrder":263},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 om 2010 No. 17 s 68","sortOrder":264},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 om 2010 No. 17 s 68","sortOrder":265},{"sectionNumber":"pt.11","sectionType":"part","heading":"Accidents and incidents","content":"# Accidents and incidents","sortOrder":266},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Notification, information and inspections","content":"## Notification, information and inspections","sortOrder":267},{"sectionNumber":"sec.195","sectionType":"section","heading":"Notice of accidents, deaths or incidents","content":"### sec.195 Notice of accidents, deaths or incidents\n\nIf the site senior executive for a mine becomes aware of a serious accident or death at the mine, the site senior executive must, as soon as possible after becoming aware—\norally notify an inspector—\nabout the accident or death; and\nabout the required information, to the extent the information is known to the site senior executive; and\norally notify a district workers’ representative—\nabout the accident or death; and\nabout the required information, to the extent the information is known to the site senior executive.\nMaximum penalty—100 penalty units.\nIf the site senior executive for a mine becomes aware of a serious accident, death or high potential incident at the mine, the site senior executive must, as soon as practicable after becoming aware, notify both of the following persons in the approved form—\nan inspector;\na district workers’ representative.\nMaximum penalty—100 penalty units.\nThe approved form mentioned in subsection (2) must make provision for particular information to be provided about the serious accident, death or incident.\nIf the site senior executive does not know the required information at the time the site senior executive is required to notify a person under subsection (2) , the site senior executive must—\ntake all reasonable steps to find out the required information as soon as possible; and\nas soon as possible after the required information becomes known to the site senior executive, give the required information to the person.\nMaximum penalty—100 penalty units.\nFor a proceeding under subsection (1) , (2) or (4) , it is not a defence that the giving of the required information might tend to incriminate the site senior executive.\nThe required information is not admissible in evidence against the site senior executive in a criminal proceeding.\nSubsection (6) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information.\nIn this section—\nrequired information means the information required by the approved form mentioned in subsection (2) .\ns 195 amd 2002 No. 25 s 37 ; 2007 No. 46 s 124 ; 2008 No. 33 s 114 ; 2018 No. 28 s 78\nsub 2024 No. 34 s 206\n(sec.195-ssec.1) If the site senior executive for a mine becomes aware of a serious accident or death at the mine, the site senior executive must, as soon as possible after becoming aware— orally notify an inspector— about the accident or death; and about the required information, to the extent the information is known to the site senior executive; and orally notify a district workers’ representative— about the accident or death; and about the required information, to the extent the information is known to the site senior executive. Maximum penalty—100 penalty units.\n(sec.195-ssec.2) If the site senior executive for a mine becomes aware of a serious accident, death or high potential incident at the mine, the site senior executive must, as soon as practicable after becoming aware, notify both of the following persons in the approved form— an inspector; a district workers’ representative. Maximum penalty—100 penalty units.\n(sec.195-ssec.3) The approved form mentioned in subsection (2) must make provision for particular information to be provided about the serious accident, death or incident.\n(sec.195-ssec.4) If the site senior executive does not know the required information at the time the site senior executive is required to notify a person under subsection (2) , the site senior executive must— take all reasonable steps to find out the required information as soon as possible; and as soon as possible after the required information becomes known to the site senior executive, give the required information to the person. Maximum penalty—100 penalty units.\n(sec.195-ssec.5) For a proceeding under subsection (1) , (2) or (4) , it is not a defence that the giving of the required information might tend to incriminate the site senior executive.\n(sec.195-ssec.6) The required information is not admissible in evidence against the site senior executive in a criminal proceeding.\n(sec.195-ssec.7) Subsection (6) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information.\n(sec.195-ssec.8) In this section— required information means the information required by the approved form mentioned in subsection (2) .\n- (a) orally notify an inspector— (i) about the accident or death; and (ii) about the required information, to the extent the information is known to the site senior executive; and\n- (i) about the accident or death; and\n- (ii) about the required information, to the extent the information is known to the site senior executive; and\n- (b) orally notify a district workers’ representative— (i) about the accident or death; and (ii) about the required information, to the extent the information is known to the site senior executive.\n- (i) about the accident or death; and\n- (ii) about the required information, to the extent the information is known to the site senior executive.\n- (i) about the accident or death; and\n- (ii) about the required information, to the extent the information is known to the site senior executive; and\n- (i) about the accident or death; and\n- (ii) about the required information, to the extent the information is known to the site senior executive.\n- (a) an inspector;\n- (b) a district workers’ representative.\n- (a) take all reasonable steps to find out the required information as soon as possible; and\n- (b) as soon as possible after the required information becomes known to the site senior executive, give the required information to the person.","sortOrder":268},{"sectionNumber":"sec.195AA","sectionType":"section","heading":"Notice of reportable diseases","content":"### sec.195AA Notice of reportable diseases\n\nIf the site senior executive for a mine becomes aware that a relevant worker has been diagnosed with a reportable disease, the site senior executive must, as soon as practicable after becoming aware—\nnotify an inspector about the disease by notice in the approved form; and\nnotify a district workers’ representative about the disease by notice.\nMaximum penalty—100 penalty units.\nIf a prescribed person becomes aware that a relevant worker has been diagnosed with a reportable disease, the person must, as soon as practicable after becoming aware, notify the chief inspector by notice in the approved form.\nMaximum penalty—100 penalty units.\nThe approved form mentioned in subsections (1) (a) and (2) must make provision for stating the name and date of birth of the person diagnosed with the reportable disease.\nThis section does not apply in the circumstances prescribed by regulation.\nIn this section—\nprescribed person means a person prescribed by regulation for subsection (2) .\nrelevant worker means—\na person who is, was or may become a worker; or\na person who is, was or may become a coal mine worker under the Coal Mining Safety and Health Act 1999 .\nreportable disease means a disease prescribed by regulation to be a reportable disease.\ns 195AA ins 2024 No. 34 s 206\n(sec.195AA-ssec.1) If the site senior executive for a mine becomes aware that a relevant worker has been diagnosed with a reportable disease, the site senior executive must, as soon as practicable after becoming aware— notify an inspector about the disease by notice in the approved form; and notify a district workers’ representative about the disease by notice. Maximum penalty—100 penalty units.\n(sec.195AA-ssec.2) If a prescribed person becomes aware that a relevant worker has been diagnosed with a reportable disease, the person must, as soon as practicable after becoming aware, notify the chief inspector by notice in the approved form. Maximum penalty—100 penalty units.\n(sec.195AA-ssec.3) The approved form mentioned in subsections (1) (a) and (2) must make provision for stating the name and date of birth of the person diagnosed with the reportable disease.\n(sec.195AA-ssec.4) This section does not apply in the circumstances prescribed by regulation.\n(sec.195AA-ssec.5) In this section— prescribed person means a person prescribed by regulation for subsection (2) . relevant worker means— a person who is, was or may become a worker; or a person who is, was or may become a coal mine worker under the Coal Mining Safety and Health Act 1999 . reportable disease means a disease prescribed by regulation to be a reportable disease.\n- (a) notify an inspector about the disease by notice in the approved form; and\n- (b) notify a district workers’ representative about the disease by notice.\n- (a) a person who is, was or may become a worker; or\n- (b) a person who is, was or may become a coal mine worker under the Coal Mining Safety and Health Act 1999 .","sortOrder":269},{"sectionNumber":"sec.195A","sectionType":"section","heading":"Requirement to give primary information","content":"### sec.195A Requirement to give primary information\n\nFor conducting an investigation into a serious accident, high potential incident or death at a mine, an officer may require a person to give the officer any of the following information ( primary information ) about the accident, incident or death—\nthe precise location where the accident, incident or death happened;\nwhen the accident, incident or death happened;\nthe number of persons involved in the accident, incident or death;\nif the notification is about a death, whether or not caused by an accident—the name of the person who died;\nif the notification is about a serious accident or high potential incident—\nthe name of any person who saw the accident or incident, or who was present when the accident or incident happened; and\nthe name of any person who was injured as a result of the accident or incident;\nif no-one was present when the person mentioned in paragraph (d) died or the person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person;\na brief description of how the accident, incident or death happened.\n‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’\n‘A worker fell from the top of a storage bin into the wash plant.’\nWhen making a requirement mentioned in subsection (1) , the officer must warn the person it is an offence to fail to comply with the requirement.\nA person required to give primary information under subsection (1) must comply with the requirement.\nMaximum penalty—40 penalty units.\nIf the officer requires the person to give the officer primary information, it is not a defence in a proceeding under subsection (3) that the giving of the primary information might tend to incriminate the person, unless, in relation to an accident or incident—\nthe person is an involved person; and\nthe primary information is the information mentioned in subsection (1) (g) .\nPrimary information given under subsection (1) is not admissible in evidence against the person in any criminal proceeding.\nSubsection (5) does not prevent the primary information being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary information.\nIn this section—\ninvolved person , for an accident or incident, means an individual who was directly involved in the accident or incident.\na member of the crew of the deceased or injured person, who was present at the accident or incident\nan individual who was operating plant involved in the accident or incident\nofficer means an inspector, inspection officer or an authorised officer.\ns 195A ins 2008 No. 33 s 115\namd 2011 No. 2 s 87\n(sec.195A-ssec.1) For conducting an investigation into a serious accident, high potential incident or death at a mine, an officer may require a person to give the officer any of the following information ( primary information ) about the accident, incident or death— the precise location where the accident, incident or death happened; when the accident, incident or death happened; the number of persons involved in the accident, incident or death; if the notification is about a death, whether or not caused by an accident—the name of the person who died; if the notification is about a serious accident or high potential incident— the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and the name of any person who was injured as a result of the accident or incident; if no-one was present when the person mentioned in paragraph (d) died or the person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person; a brief description of how the accident, incident or death happened. ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ ‘A worker fell from the top of a storage bin into the wash plant.’\n(sec.195A-ssec.2) When making a requirement mentioned in subsection (1) , the officer must warn the person it is an offence to fail to comply with the requirement.\n(sec.195A-ssec.3) A person required to give primary information under subsection (1) must comply with the requirement. Maximum penalty—40 penalty units.\n(sec.195A-ssec.4) If the officer requires the person to give the officer primary information, it is not a defence in a proceeding under subsection (3) that the giving of the primary information might tend to incriminate the person, unless, in relation to an accident or incident— the person is an involved person; and the primary information is the information mentioned in subsection (1) (g) .\n(sec.195A-ssec.5) Primary information given under subsection (1) is not admissible in evidence against the person in any criminal proceeding.\n(sec.195A-ssec.6) Subsection (5) does not prevent the primary information being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary information.\n(sec.195A-ssec.7) In this section— involved person , for an accident or incident, means an individual who was directly involved in the accident or incident. a member of the crew of the deceased or injured person, who was present at the accident or incident an individual who was operating plant involved in the accident or incident officer means an inspector, inspection officer or an authorised officer.\n- (a) the precise location where the accident, incident or death happened;\n- (b) when the accident, incident or death happened;\n- (c) the number of persons involved in the accident, incident or death;\n- (d) if the notification is about a death, whether or not caused by an accident—the name of the person who died;\n- (e) if the notification is about a serious accident or high potential incident— (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and (ii) the name of any person who was injured as a result of the accident or incident;\n- (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and\n- (ii) the name of any person who was injured as a result of the accident or incident;\n- (f) if no-one was present when the person mentioned in paragraph (d) died or the person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person;\n- (g) a brief description of how the accident, incident or death happened. Examples of types of descriptions that may be given under paragraph (g) — • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ • ‘A worker fell from the top of a storage bin into the wash plant.’\n- • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’\n- • ‘A worker fell from the top of a storage bin into the wash plant.’\n- (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and\n- (ii) the name of any person who was injured as a result of the accident or incident;\n- • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’\n- • ‘A worker fell from the top of a storage bin into the wash plant.’\n- (a) the person is an involved person; and\n- (b) the primary information is the information mentioned in subsection (1) (g) .\n- • a member of the crew of the deceased or injured person, who was present at the accident or incident\n- • an individual who was operating plant involved in the accident or incident","sortOrder":270},{"sectionNumber":"sec.196","sectionType":"section","heading":"Place of accident must be inspected","content":"### sec.196 Place of accident must be inspected\n\nAs soon as practicable after receiving a report of a serious accident causing death at a mine, an inspector must inspect the place of the accident, investigate the accident to determine its nature and cause, and report the findings of the investigation to the chief inspector.","sortOrder":271},{"sectionNumber":"sec.196A","sectionType":"section","heading":"Site senior executive must tell contractor particular matters","content":"### sec.196A Site senior executive must tell contractor particular matters\n\nThis section applies if—\na contractor provides or arranges for a worker to perform work, or provide a service, at a mine; and\nthe site senior executive for the mine becomes aware of any of the following matters—\nan injury or illness to the worker from operations that causes the worker to be absent from work;\na high potential incident happening at the mine that causes or has the potential to cause a significant adverse effect on the safety or health of the worker;\nany proposed change to the mine, or plant or substance used at the mine, that affects, or may affect, the safety and health of the worker.\nThe site senior executive for the mine must tell the contractor about the matter as soon as practicable after the matter comes to the site senior executive’s knowledge.\nMaximum penalty—100 penalty units.\ns 196A ins 2024 No. 34 s 207\n(sec.196A-ssec.1) This section applies if— a contractor provides or arranges for a worker to perform work, or provide a service, at a mine; and the site senior executive for the mine becomes aware of any of the following matters— an injury or illness to the worker from operations that causes the worker to be absent from work; a high potential incident happening at the mine that causes or has the potential to cause a significant adverse effect on the safety or health of the worker; any proposed change to the mine, or plant or substance used at the mine, that affects, or may affect, the safety and health of the worker.\n(sec.196A-ssec.2) The site senior executive for the mine must tell the contractor about the matter as soon as practicable after the matter comes to the site senior executive’s knowledge. Maximum penalty—100 penalty units.\n- (a) a contractor provides or arranges for a worker to perform work, or provide a service, at a mine; and\n- (b) the site senior executive for the mine becomes aware of any of the following matters— (i) an injury or illness to the worker from operations that causes the worker to be absent from work; (ii) a high potential incident happening at the mine that causes or has the potential to cause a significant adverse effect on the safety or health of the worker; (iii) any proposed change to the mine, or plant or substance used at the mine, that affects, or may affect, the safety and health of the worker.\n- (i) an injury or illness to the worker from operations that causes the worker to be absent from work;\n- (ii) a high potential incident happening at the mine that causes or has the potential to cause a significant adverse effect on the safety or health of the worker;\n- (iii) any proposed change to the mine, or plant or substance used at the mine, that affects, or may affect, the safety and health of the worker.\n- (i) an injury or illness to the worker from operations that causes the worker to be absent from work;\n- (ii) a high potential incident happening at the mine that causes or has the potential to cause a significant adverse effect on the safety or health of the worker;\n- (iii) any proposed change to the mine, or plant or substance used at the mine, that affects, or may affect, the safety and health of the worker.","sortOrder":272},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Site of accident or incident","content":"## Site of accident or incident","sortOrder":273},{"sectionNumber":"sec.197","sectionType":"section","heading":"Site not to be interfered with without permission","content":"### sec.197 Site not to be interfered with without permission\n\nA person must not interfere with a place at a mine that is the site of a serious accident or high potential incident of a type prescribed by regulation, without the permission of an inspector.\nMaximum penalty—200 penalty units.\nPermission under subsection (1) must not be unreasonably withheld.\nFor this division, action taken to save life or prevent further injury at a place is not interference with the place.\ns 197 amd 2000 No. 18 s 19\n(sec.197-ssec.1) A person must not interfere with a place at a mine that is the site of a serious accident or high potential incident of a type prescribed by regulation, without the permission of an inspector. Maximum penalty—200 penalty units.\n(sec.197-ssec.2) Permission under subsection (1) must not be unreasonably withheld.\n(sec.197-ssec.3) For this division, action taken to save life or prevent further injury at a place is not interference with the place.","sortOrder":274},{"sectionNumber":"sec.198","sectionType":"section","heading":"Action to be taken in relation to site of accident or incident","content":"### sec.198 Action to be taken in relation to site of accident or incident\n\nIf there is a serious accident or a high potential incident at a mine, the site senior executive must—\ncarry out an investigation to decide the causes of the accident or incident; and\nprepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and\ngive the report mentioned in paragraph (b) to an inspector—\nif the report is about a serious accident—\nwithin 30 days after the accident; or\nif the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or\nif the report is about a high potential incident—within the period required by the inspector.\nMaximum penalty—100 penalty units.\nSubsection (1) (c) (ii) does not apply if the inspector does not request the report.\nThe site senior executive must ensure that the place of the accident or incident is not interfered with until—\nall relevant details about the accident or incident have been recorded and, if possible, photographed; and\nsufficient measurements have been taken to allow the development of an accurate plan of the site; and\na list of witnesses to the accident or incident has been compiled.\nMaximum penalty—100 penalty units.\nIt is not a defence to a proceeding under subsection (1) that the carrying out of an investigation, preparation of a report or forwarding of the report might tend to incriminate the site senior executive or make the executive liable to a penalty.\nA report prepared or forwarded by the site senior executive under subsection (1) is not admissible in evidence against the site senior executive, or any other worker mentioned in the report, in any criminal proceeding other than proceedings about the falsity or misleading nature of the report.\ns 198 amd 2000 No. 18 s 20 ; 2011 No. 2 s 88 ; 2024 No. 34 s 208\n(sec.198-ssec.1) If there is a serious accident or a high potential incident at a mine, the site senior executive must— carry out an investigation to decide the causes of the accident or incident; and prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and give the report mentioned in paragraph (b) to an inspector— if the report is about a serious accident— within 30 days after the accident; or if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or if the report is about a high potential incident—within the period required by the inspector. Maximum penalty—100 penalty units.\n(sec.198-ssec.2) Subsection (1) (c) (ii) does not apply if the inspector does not request the report.\n(sec.198-ssec.3) The site senior executive must ensure that the place of the accident or incident is not interfered with until— all relevant details about the accident or incident have been recorded and, if possible, photographed; and sufficient measurements have been taken to allow the development of an accurate plan of the site; and a list of witnesses to the accident or incident has been compiled. Maximum penalty—100 penalty units.\n(sec.198-ssec.4) It is not a defence to a proceeding under subsection (1) that the carrying out of an investigation, preparation of a report or forwarding of the report might tend to incriminate the site senior executive or make the executive liable to a penalty.\n(sec.198-ssec.5) A report prepared or forwarded by the site senior executive under subsection (1) is not admissible in evidence against the site senior executive, or any other worker mentioned in the report, in any criminal proceeding other than proceedings about the falsity or misleading nature of the report.\n- (a) carry out an investigation to decide the causes of the accident or incident; and\n- (b) prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and\n- (c) give the report mentioned in paragraph (b) to an inspector— (i) if the report is about a serious accident— (A) within 30 days after the accident; or (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or (ii) if the report is about a high potential incident—within the period required by the inspector.\n- (i) if the report is about a serious accident— (A) within 30 days after the accident; or (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or\n- (A) within 30 days after the accident; or\n- (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or\n- (ii) if the report is about a high potential incident—within the period required by the inspector.\n- (i) if the report is about a serious accident— (A) within 30 days after the accident; or (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or\n- (A) within 30 days after the accident; or\n- (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or\n- (ii) if the report is about a high potential incident—within the period required by the inspector.\n- (A) within 30 days after the accident; or\n- (B) if the CEO or chief inspector by notice gives a longer period, of not more than 12 months, within which to give the report—within the longer period; or\n- (a) all relevant details about the accident or incident have been recorded and, if possible, photographed; and\n- (b) sufficient measurements have been taken to allow the development of an accurate plan of the site; and\n- (c) a list of witnesses to the accident or incident has been compiled.","sortOrder":275},{"sectionNumber":"pt.12","sectionType":"part","heading":"Boards of inquiry","content":"# Boards of inquiry","sortOrder":276},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":277},{"sectionNumber":"sec.199","sectionType":"section","heading":"Minister may establish boards of inquiry","content":"### sec.199 Minister may establish boards of inquiry\n\nThe Minister may establish a board of inquiry about a serious accident or high potential incident by gazette notice.\nThe notice, or a later gazette notice, may specify issues relevant to the inquiry including, for example, the membership of the board, who is the chairperson of the board, and its terms of reference.\nThe Minister may exercise powers under this section for a serious accident or high potential incident—\nwhether or not the accident or incident has been investigated by an inspector; and\nwhether or not a board of inquiry had previously inquired into the accident or incident.\n(sec.199-ssec.1) The Minister may establish a board of inquiry about a serious accident or high potential incident by gazette notice.\n(sec.199-ssec.2) The notice, or a later gazette notice, may specify issues relevant to the inquiry including, for example, the membership of the board, who is the chairperson of the board, and its terms of reference.\n(sec.199-ssec.3) The Minister may exercise powers under this section for a serious accident or high potential incident— whether or not the accident or incident has been investigated by an inspector; and whether or not a board of inquiry had previously inquired into the accident or incident.\n- (a) whether or not the accident or incident has been investigated by an inspector; and\n- (b) whether or not a board of inquiry had previously inquired into the accident or incident.","sortOrder":278},{"sectionNumber":"sec.200","sectionType":"section","heading":"Role of board of inquiry","content":"### sec.200 Role of board of inquiry\n\nThe board of inquiry must—\ninquire into the circumstances and probable causes of the relevant serious accident or high potential incident; and\ngive the Minister a written report of the board’s findings.\nThe report may contain the recommendations the board considers appropriate and other relevant matters.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving the report.\nHowever, if the board gives the Minister a separate report of issues that the board considers should not be made public, the Minister need not table the separate report in the Legislative Assembly.\n(sec.200-ssec.1) The board of inquiry must— inquire into the circumstances and probable causes of the relevant serious accident or high potential incident; and give the Minister a written report of the board’s findings.\n(sec.200-ssec.2) The report may contain the recommendations the board considers appropriate and other relevant matters.\n(sec.200-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving the report.\n(sec.200-ssec.4) However, if the board gives the Minister a separate report of issues that the board considers should not be made public, the Minister need not table the separate report in the Legislative Assembly.\n- (a) inquire into the circumstances and probable causes of the relevant serious accident or high potential incident; and\n- (b) give the Minister a written report of the board’s findings.","sortOrder":279},{"sectionNumber":"sec.201","sectionType":"section","heading":"Conditions of appointment","content":"### sec.201 Conditions of appointment\n\nA member of the board of inquiry is entitled to be paid the fees and allowances decided by the Governor in Council.\nA member holds office on conditions not provided by this Act that are decided by the Minister.\n(sec.201-ssec.1) A member of the board of inquiry is entitled to be paid the fees and allowances decided by the Governor in Council.\n(sec.201-ssec.2) A member holds office on conditions not provided by this Act that are decided by the Minister.","sortOrder":280},{"sectionNumber":"sec.202","sectionType":"section","heading":"CEO to arrange for services of staff and financial matters for board of inquiry","content":"### sec.202 CEO to arrange for services of staff and financial matters for board of inquiry\n\nAs soon as practicable after the board of inquiry is established, the CEO must consult with the chairperson of the board and arrange—\nfor the services of RSHQ and other persons to be made available to the board for the conduct of the inquiry; and\nfor financial matters relevant to the board.\ns 202 amd 2020 No. 10 s 139 sch 2\n- (a) for the services of RSHQ and other persons to be made available to the board for the conduct of the inquiry; and\n- (b) for financial matters relevant to the board.","sortOrder":281},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Conduct of inquiry","content":"## Conduct of inquiry","sortOrder":282},{"sectionNumber":"sec.203","sectionType":"section","heading":"Procedure","content":"### sec.203 Procedure\n\nWhen conducting its inquiry, the board of inquiry—\nmust observe natural justice; and\nmust act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.\nIn conducting the inquiry, the board—\nis not bound by the rules of evidence; and\nmay inform itself in any way it considers appropriate, including by holding hearings; and\nmay decide the procedures to be followed for the inquiry; and\nmust give a person involved in the serious accident or high potential incident the opportunity of defending all claims made against the person.\nHowever, the board must comply with this division and any procedural rules prescribed under a regulation.\nThe chairperson of the board presides at the inquiry.\n(sec.203-ssec.1) When conducting its inquiry, the board of inquiry— must observe natural justice; and must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.\n(sec.203-ssec.2) In conducting the inquiry, the board— is not bound by the rules of evidence; and may inform itself in any way it considers appropriate, including by holding hearings; and may decide the procedures to be followed for the inquiry; and must give a person involved in the serious accident or high potential incident the opportunity of defending all claims made against the person.\n(sec.203-ssec.3) However, the board must comply with this division and any procedural rules prescribed under a regulation.\n(sec.203-ssec.4) The chairperson of the board presides at the inquiry.\n- (a) must observe natural justice; and\n- (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.\n- (a) is not bound by the rules of evidence; and\n- (b) may inform itself in any way it considers appropriate, including by holding hearings; and\n- (c) may decide the procedures to be followed for the inquiry; and\n- (d) must give a person involved in the serious accident or high potential incident the opportunity of defending all claims made against the person.","sortOrder":283},{"sectionNumber":"sec.204","sectionType":"section","heading":"Notice of inquiry","content":"### sec.204 Notice of inquiry\n\nThe chairperson of the board of inquiry must give at least 14 days notice of the time and place of the inquiry to—\nany person the chairperson considers may be concerned in the serious accident or high potential incident the subject of the inquiry; and\nany other person the chairperson reasonably believes should be given the opportunity to appear at the inquiry.\n- (a) any person the chairperson considers may be concerned in the serious accident or high potential incident the subject of the inquiry; and\n- (b) any other person the chairperson reasonably believes should be given the opportunity to appear at the inquiry.","sortOrder":284},{"sectionNumber":"sec.205","sectionType":"section","heading":"Inquiry to be held in public except in special circumstances","content":"### sec.205 Inquiry to be held in public except in special circumstances\n\nThe inquiry must be held in public.\nHowever, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present.\nThe board may give a direction under subsection (2) only if it is satisfied it is proper to make the direction in the special circumstances of the case.\n(sec.205-ssec.1) The inquiry must be held in public.\n(sec.205-ssec.2) However, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present.\n(sec.205-ssec.3) The board may give a direction under subsection (2) only if it is satisfied it is proper to make the direction in the special circumstances of the case.","sortOrder":285},{"sectionNumber":"sec.206","sectionType":"section","heading":"Protection of members, legal representatives and witnesses","content":"### sec.206 Protection of members, legal representatives and witnesses\n\nA member of the board of inquiry has, in the performance of the member’s duties, the same protection and immunity as a Supreme Court judge performing the functions of a judge.\nA lawyer or other person appearing before the inquiry for someone has the same protection and immunity as a lawyer appearing for a party in a proceeding in the Supreme Court.\nA person summoned to attend or appearing before the inquiry as a witness has the same protection as a witness in a proceeding in the Supreme Court.\n(sec.206-ssec.1) A member of the board of inquiry has, in the performance of the member’s duties, the same protection and immunity as a Supreme Court judge performing the functions of a judge.\n(sec.206-ssec.2) A lawyer or other person appearing before the inquiry for someone has the same protection and immunity as a lawyer appearing for a party in a proceeding in the Supreme Court.\n(sec.206-ssec.3) A person summoned to attend or appearing before the inquiry as a witness has the same protection as a witness in a proceeding in the Supreme Court.","sortOrder":286},{"sectionNumber":"sec.207","sectionType":"section","heading":"Record of proceedings to be kept","content":"### sec.207 Record of proceedings to be kept\n\nThe board of inquiry must keep a record of its proceedings.","sortOrder":287},{"sectionNumber":"sec.208","sectionType":"section","heading":"Representation","content":"### sec.208 Representation\n\nA person may be represented before the inquiry by a lawyer or agent.","sortOrder":288},{"sectionNumber":"sec.209","sectionType":"section","heading":"Board’s powers on inquiry","content":"### sec.209 Board’s powers on inquiry\n\nIn conducting the inquiry, the board may—\nact in the absence of any person who has been given a notice under section 204 or some other reasonable notice; and\nreceive evidence on oath or by statutory declaration; and\nadjourn the inquiry; and\ndisregard any defect, error, omission or insufficiency in a document.\nA member of the board may administer an oath to a person appearing as a witness before the inquiry.\n(sec.209-ssec.1) In conducting the inquiry, the board may— act in the absence of any person who has been given a notice under section 204 or some other reasonable notice; and receive evidence on oath or by statutory declaration; and adjourn the inquiry; and disregard any defect, error, omission or insufficiency in a document.\n(sec.209-ssec.2) A member of the board may administer an oath to a person appearing as a witness before the inquiry.\n- (a) act in the absence of any person who has been given a notice under section 204 or some other reasonable notice; and\n- (b) receive evidence on oath or by statutory declaration; and\n- (c) adjourn the inquiry; and\n- (d) disregard any defect, error, omission or insufficiency in a document.","sortOrder":289},{"sectionNumber":"sec.210","sectionType":"section","heading":"Notice to witness","content":"### sec.210 Notice to witness\n\nThe chairperson of the board of inquiry may, by notice ( attendance notice ) given to a person, require the person to attend at the inquiry at a stated time and place to give evidence or produce stated documents or things.\nA person required to appear as a witness before the inquiry is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson.\n(sec.210-ssec.1) The chairperson of the board of inquiry may, by notice ( attendance notice ) given to a person, require the person to attend at the inquiry at a stated time and place to give evidence or produce stated documents or things.\n(sec.210-ssec.2) A person required to appear as a witness before the inquiry is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson.","sortOrder":290},{"sectionNumber":"sec.211","sectionType":"section","heading":"Inspection of documents or things","content":"### sec.211 Inspection of documents or things\n\nIf a document or thing is produced to the board at the inquiry, the board may—\ninspect the document or thing; and\ncopy or photograph the document or thing if it is relevant to the inquiry.\nThe board may also take possession of the document or thing, and keep it while it is necessary for the inquiry.\nWhile it keeps a document or thing, the board must permit a person otherwise entitled to possession of it to inspect, copy or photograph the document or thing, at a reasonable place and time the board decides.\n(sec.211-ssec.1) If a document or thing is produced to the board at the inquiry, the board may— inspect the document or thing; and copy or photograph the document or thing if it is relevant to the inquiry.\n(sec.211-ssec.2) The board may also take possession of the document or thing, and keep it while it is necessary for the inquiry.\n(sec.211-ssec.3) While it keeps a document or thing, the board must permit a person otherwise entitled to possession of it to inspect, copy or photograph the document or thing, at a reasonable place and time the board decides.\n- (a) inspect the document or thing; and\n- (b) copy or photograph the document or thing if it is relevant to the inquiry.","sortOrder":291},{"sectionNumber":"sec.212","sectionType":"section","heading":"Inquiry may continue despite court proceedings unless otherwise ordered","content":"### sec.212 Inquiry may continue despite court proceedings unless otherwise ordered\n\nThe inquiry may start or continue, and a report may be prepared or given, despite a proceeding before any court or tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise.","sortOrder":292},{"sectionNumber":"sec.213","sectionType":"section","heading":"Offences by witnesses","content":"### sec.213 Offences by witnesses\n\nA person given an attendance notice must not fail, without reasonable excuse to—\nattend as required by the notice; or\ncontinue to attend as required by the chairperson of the board of inquiry until excused from further attendance.\nMaximum penalty—200 penalty units.\nA person appearing as a witness at the inquiry must take an oath when required by the chairperson of the board.\nMaximum penalty—200 penalty units.\nAlso, a person appearing as a witness at the inquiry must not fail, without reasonable excuse—\nto answer a question the person is required to answer by a member of the board; or\nto produce a document or thing the person is required to produce under an attendance notice.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for an individual to refuse to answer a question or produce a document or thing on the ground that the answer or production of the document or thing might tend to incriminate the individual or make the individual liable to a penalty.\ns 213 amd 2011 No. 2 s 89 ; 2024 No. 34 s 209\n(sec.213-ssec.1) A person given an attendance notice must not fail, without reasonable excuse to— attend as required by the notice; or continue to attend as required by the chairperson of the board of inquiry until excused from further attendance. Maximum penalty—200 penalty units.\n(sec.213-ssec.2) A person appearing as a witness at the inquiry must take an oath when required by the chairperson of the board. Maximum penalty—200 penalty units.\n(sec.213-ssec.3) Also, a person appearing as a witness at the inquiry must not fail, without reasonable excuse— to answer a question the person is required to answer by a member of the board; or to produce a document or thing the person is required to produce under an attendance notice. Maximum penalty—200 penalty units.\n(sec.213-ssec.4) It is a reasonable excuse for an individual to refuse to answer a question or produce a document or thing on the ground that the answer or production of the document or thing might tend to incriminate the individual or make the individual liable to a penalty.\n- (a) attend as required by the notice; or\n- (b) continue to attend as required by the chairperson of the board of inquiry until excused from further attendance.\n- (a) to answer a question the person is required to answer by a member of the board; or\n- (b) to produce a document or thing the person is required to produce under an attendance notice.","sortOrder":293},{"sectionNumber":"sec.213A","sectionType":"section","heading":"False or misleading statements to board of inquiry","content":"### sec.213A False or misleading statements to board of inquiry\n\nA person must not state anything to the board of inquiry that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\ns 213A ins 2024 No. 34 s 210","sortOrder":294},{"sectionNumber":"sec.213B","sectionType":"section","heading":"False or misleading documents to board of inquiry","content":"### sec.213B False or misleading documents to board of inquiry\n\nA person must not give a document to the board of inquiry that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the board of inquiry, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably get, the correct information—gives the correct information to the board of inquiry.\ns 213B ins 2024 No. 34 s 210\n(sec.213B-ssec.1) A person must not give a document to the board of inquiry that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.213B-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the board of inquiry, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably get, the correct information—gives the correct information to the board of inquiry.\n- (a) informs the board of inquiry, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably get, the correct information—gives the correct information to the board of inquiry.","sortOrder":295},{"sectionNumber":"sec.214","sectionType":"section","heading":"Contempt of board of inquiry","content":"### sec.214 Contempt of board of inquiry\n\nA person must not—\ndeliberately interrupt a board of inquiry; or\nimpede or obstruct the board of inquiry in the exercise of its powers; or\ncreate or continue, or join in creating or continuing, a disturbance in or near a place where the board is conducting its inquiry; or\ndo anything that would be contempt of court if the board were a judge acting judicially.\nMaximum penalty—200 penalty units.\ns 214 amd 2024 No. 34 s 211\n- (a) deliberately interrupt a board of inquiry; or\n- (b) impede or obstruct the board of inquiry in the exercise of its powers; or\n- (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the board is conducting its inquiry; or\n- (d) do anything that would be contempt of court if the board were a judge acting judicially.","sortOrder":296},{"sectionNumber":"sec.215","sectionType":"section","heading":"Change of membership of board","content":"### sec.215 Change of membership of board\n\nThe inquiry of a board of inquiry is not affected by a change in its membership.","sortOrder":297},{"sectionNumber":"pt.13","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":298},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Appeals against particular decisions of Minister, CEO or board of examiners","content":"## Appeals against particular decisions of Minister, CEO or board of examiners","sortOrder":299},{"sectionNumber":"sec.216","sectionType":"section","heading":"Appeals against Minister’s decisions","content":"### sec.216 Appeals against Minister’s decisions\n\nThe following persons may appeal against the Minister’s decision under the following provisions to an Industrial Magistrates Court under this division—\na person who is removed from office as site safety and health representative— section 89 ;\na person whose appointment as district workers’ representative has been terminated— section 110 .\n- (a) a person who is removed from office as site safety and health representative— section 89 ;\n- (b) a person whose appointment as district workers’ representative has been terminated— section 110 .","sortOrder":300},{"sectionNumber":"sec.216A","sectionType":"section","heading":"Appeals against CEO’s decisions","content":"### sec.216A Appeals against CEO’s decisions\n\nThe following persons may appeal against the CEO’s decision under the following provisions to an Industrial Magistrates Court under this division—\na person whose board qualification is suspended or cancelled by the CEO— section 189 ;\na corporation on which a civil penalty is imposed— section 246I .\ns 216A ins 2018 No. 28 s 80\namd 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 212\n- (a) a person whose board qualification is suspended or cancelled by the CEO— section 189 ;\n- (b) a corporation on which a civil penalty is imposed— section 246I .","sortOrder":301},{"sectionNumber":"sec.217","sectionType":"section","heading":"Appeals against board of examiners’ decision","content":"### sec.217 Appeals against board of examiners’ decision\n\nA person whose board qualification has been cancelled by the board of examiners under section 182 may appeal against the board’s decision to an Industrial Magistrates Court under this division.\ns 217 amd 2010 No. 17 s 60 sch ; 2024 No. 34 s 213","sortOrder":302},{"sectionNumber":"sec.218","sectionType":"section","heading":"How to start appeal","content":"### sec.218 How to start appeal\n\nAn appeal is started by the appellant—\nfiling a notice of appeal with an Industrial Magistrates Court; and\nserving a copy of the notice on—\nif the appeal is against the Minister’s decision—the Minister; or\nif the appeal is against the CEO’s decision—the CEO; or\nif the appeal is against the board of examiners’ decision—the board of examiners.\nThe notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.\nThe court may at any time extend the period for filing the notice of appeal.\nThe notice of appeal must state the grounds of the appeal.\ns 218 amd 2018 No. 28 s 81 ; 2020 No. 10 s 139 sch 2\n(sec.218-ssec.1) An appeal is started by the appellant— filing a notice of appeal with an Industrial Magistrates Court; and serving a copy of the notice on— if the appeal is against the Minister’s decision—the Minister; or if the appeal is against the CEO’s decision—the CEO; or if the appeal is against the board of examiners’ decision—the board of examiners.\n(sec.218-ssec.2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.\n(sec.218-ssec.3) The court may at any time extend the period for filing the notice of appeal.\n(sec.218-ssec.4) The notice of appeal must state the grounds of the appeal.\n- (a) filing a notice of appeal with an Industrial Magistrates Court; and\n- (b) serving a copy of the notice on— (i) if the appeal is against the Minister’s decision—the Minister; or (ii) if the appeal is against the CEO’s decision—the CEO; or (iii) if the appeal is against the board of examiners’ decision—the board of examiners.\n- (i) if the appeal is against the Minister’s decision—the Minister; or\n- (ii) if the appeal is against the CEO’s decision—the CEO; or\n- (iii) if the appeal is against the board of examiners’ decision—the board of examiners.\n- (i) if the appeal is against the Minister’s decision—the Minister; or\n- (ii) if the appeal is against the CEO’s decision—the CEO; or\n- (iii) if the appeal is against the board of examiners’ decision—the board of examiners.","sortOrder":303},{"sectionNumber":"sec.219","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.219 Stay of operation of decision\n\nAn Industrial Magistrates Court may stay a decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on conditions the court considers appropriate; and\nhas effect for the period stated by the court; and\nmay be revoked or amended by the court.\nThe period of a stay given by the court must not extend past the time when the court decides the appeal.\nAn appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.\n(sec.219-ssec.1) An Industrial Magistrates Court may stay a decision appealed against to secure the effectiveness of the appeal.\n(sec.219-ssec.2) A stay— may be given on conditions the court considers appropriate; and has effect for the period stated by the court; and may be revoked or amended by the court.\n(sec.219-ssec.3) The period of a stay given by the court must not extend past the time when the court decides the appeal.\n(sec.219-ssec.4) An appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.\n- (a) may be given on conditions the court considers appropriate; and\n- (b) has effect for the period stated by the court; and\n- (c) may be revoked or amended by the court.","sortOrder":304},{"sectionNumber":"sec.220","sectionType":"section","heading":"Hearing procedures","content":"### sec.220 Hearing procedures\n\nUnless this division otherwise provides, the practice and procedure for the appeal are to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with the directions of the court.\nAn appeal must be by way of rehearing, unaffected by the original decision-maker’s decision.\nHowever, for deciding an appeal against a decision of the CEO under section 246I to impose a civil penalty on a corporation, information that was not available to the CEO in making the decision must not be taken into account.\nIn deciding an appeal, an Industrial Magistrates Court—\nis not bound by the rules of evidence; and\nmust observe natural justice.\nIn this section—\noriginal decision-maker means the Minister, CEO or the board of examiners.\ns 220 amd 2018 No. 28 s 82 ; 2020 No. 10 s 139 sch 2\n(sec.220-ssec.1) Unless this division otherwise provides, the practice and procedure for the appeal are to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with the directions of the court.\n(sec.220-ssec.2) An appeal must be by way of rehearing, unaffected by the original decision-maker’s decision.\n(sec.220-ssec.3) However, for deciding an appeal against a decision of the CEO under section 246I to impose a civil penalty on a corporation, information that was not available to the CEO in making the decision must not be taken into account.\n(sec.220-ssec.4) In deciding an appeal, an Industrial Magistrates Court— is not bound by the rules of evidence; and must observe natural justice.\n(sec.220-ssec.5) In this section— original decision-maker means the Minister, CEO or the board of examiners.\n- (a) is not bound by the rules of evidence; and\n- (b) must observe natural justice.","sortOrder":305},{"sectionNumber":"sec.221","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.221 Powers of court on appeal\n\nIn deciding an appeal, an Industrial Magistrates Court may—\nconfirm the decision appealed against; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.\nIn substituting another decision, the court has the same powers as the original decision-maker.\nIf the court substitutes another decision, the substituted decision is taken to be the decision of the original decision-maker.\nThe court may make an order for costs it considers appropriate.\nIn this section—\noriginal decision-maker means the Minister or the board of examiners.\n(sec.221-ssec.1) In deciding an appeal, an Industrial Magistrates Court may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.\n(sec.221-ssec.2) In substituting another decision, the court has the same powers as the original decision-maker.\n(sec.221-ssec.3) If the court substitutes another decision, the substituted decision is taken to be the decision of the original decision-maker.\n(sec.221-ssec.4) The court may make an order for costs it considers appropriate.\n(sec.221-ssec.5) In this section— original decision-maker means the Minister or the board of examiners.\n- (a) confirm the decision appealed against; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.","sortOrder":306},{"sectionNumber":"sec.222","sectionType":"section","heading":"Appeal to District Court on questions of law only","content":"### sec.222 Appeal to District Court on questions of law only\n\nAn appellant may appeal against the decision of an Industrial Magistrates Court to the District Court, but only on a question of law.\nOn hearing the appeal, the court may make any order for costs it considers appropriate.\n(sec.222-ssec.1) An appellant may appeal against the decision of an Industrial Magistrates Court to the District Court, but only on a question of law.\n(sec.222-ssec.2) On hearing the appeal, the court may make any order for costs it considers appropriate.","sortOrder":307},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Appeals against chief inspector’s directives and particular decisions","content":"## Appeals against chief inspector’s directives and particular decisions","sortOrder":308},{"sectionNumber":"sec.223","sectionType":"section","heading":"Who may appeal","content":"### sec.223 Who may appeal\n\nA person whose interests are affected by the following may appeal to the Industrial Court—\na decision of the chief inspector under section 146 (3) (a) to retain a seized thing;\na directive given by the chief inspector;\na review decision of the chief inspector under part 9 , division 5 , subdivision 4 .\ns 223 amd 2007 No. 46 s 125 ; 2014 No. 64 s 216C\n- (a) a decision of the chief inspector under section 146 (3) (a) to retain a seized thing;\n- (b) a directive given by the chief inspector;\n- (c) a review decision of the chief inspector under part 9 , division 5 , subdivision 4 .","sortOrder":309},{"sectionNumber":"sec.224","sectionType":"section","heading":"How to start appeal","content":"### sec.224 How to start appeal\n\nAn appeal is started by—\nfiling a notice of appeal with the registrar of the Industrial Court; and\ncomplying with any rules of court applying to the appeal.\nThe notice of appeal must be filed within 30 days after—\nif the appeal is from a decision under section 146 (3) (a) to retain a seized thing—the day the appellant receives the notice of the decision; or\nif the appeal is from a directive—the day the appellant receives the directive; or\nif the appeal is from a review decision—the day the appellant receives reasons for the review decision.\nThe court may at any time extend the period for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal and the facts relied on.\ns 224 amd 2014 No. 64 s 216D\n(sec.224-ssec.1) An appeal is started by— filing a notice of appeal with the registrar of the Industrial Court; and complying with any rules of court applying to the appeal.\n(sec.224-ssec.2) The notice of appeal must be filed within 30 days after— if the appeal is from a decision under section 146 (3) (a) to retain a seized thing—the day the appellant receives the notice of the decision; or if the appeal is from a directive—the day the appellant receives the directive; or if the appeal is from a review decision—the day the appellant receives reasons for the review decision.\n(sec.224-ssec.3) The court may at any time extend the period for filing the notice of appeal.\n(sec.224-ssec.4) The notice of appeal must state fully the grounds of the appeal and the facts relied on.\n- (a) filing a notice of appeal with the registrar of the Industrial Court; and\n- (b) complying with any rules of court applying to the appeal.\n- (a) if the appeal is from a decision under section 146 (3) (a) to retain a seized thing—the day the appellant receives the notice of the decision; or\n- (b) if the appeal is from a directive—the day the appellant receives the directive; or\n- (c) if the appeal is from a review decision—the day the appellant receives reasons for the review decision.","sortOrder":310},{"sectionNumber":"sec.225","sectionType":"section","heading":"Stay of operation of directive or review decision","content":"### sec.225 Stay of operation of directive or review decision\n\nThe Industrial Court may grant a stay of a directive or review decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on the conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be revoked or amended by the court.\nThe period of a stay must not extend past the time when the court decides the appeal.\nAn appeal against a directive or review decision affects the directive or decision, or the carrying out of the directive or decision, only if the directive or decision is stayed.\nHowever, the following must not be stayed—\na directive by the chief inspector under section 164 ;\na review decision about a directive given by another person under section 164 .\n(sec.225-ssec.1) The Industrial Court may grant a stay of a directive or review decision appealed against to secure the effectiveness of the appeal.\n(sec.225-ssec.2) A stay— may be given on the conditions the court considers appropriate; and operates for the period fixed by the court; and may be revoked or amended by the court.\n(sec.225-ssec.3) The period of a stay must not extend past the time when the court decides the appeal.\n(sec.225-ssec.4) An appeal against a directive or review decision affects the directive or decision, or the carrying out of the directive or decision, only if the directive or decision is stayed.\n(sec.225-ssec.5) However, the following must not be stayed— a directive by the chief inspector under section 164 ; a review decision about a directive given by another person under section 164 .\n- (a) may be given on the conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be revoked or amended by the court.\n- (a) a directive by the chief inspector under section 164 ;\n- (b) a review decision about a directive given by another person under section 164 .","sortOrder":311},{"sectionNumber":"sec.226","sectionType":"section","heading":"Hearing procedures","content":"### sec.226 Hearing procedures\n\nThe procedure for an appeal is to be in accordance with the rules of court applying to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the Industrial Court.\nAn appeal is by way of rehearing, unaffected by the chief inspector’s directive or decision.\ns 226 amd 2014 No. 64 s 216E\n(sec.226-ssec.1) The procedure for an appeal is to be in accordance with the rules of court applying to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the Industrial Court.\n(sec.226-ssec.2) An appeal is by way of rehearing, unaffected by the chief inspector’s directive or decision.","sortOrder":312},{"sectionNumber":"sec.227","sectionType":"section","heading":"Assessors","content":"### sec.227 Assessors\n\nIf the Industrial Court is satisfied the appeal involves an issue of special knowledge and skill, the court may appoint 1 or more assessors to help it in deciding the appeal.","sortOrder":313},{"sectionNumber":"sec.228","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.228 Powers of court on appeal\n\nIn deciding an appeal, the Industrial Court may—\nconfirm the directive or decision appealed against; or\nvary the directive or decision appealed against; or\nset aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or\nset aside the directive or decision appealed against and return the issue to the chief inspector with directions the court considers appropriate.\nIf on appeal the court acts under subsection (1) (b) or (c) , the directive or decision is taken, for this Act (other than this part), to be that of the chief inspector.\nThe court may make an order for costs it considers appropriate.\ns 228 amd 2011 No. 2 s 90 ; 2014 No. 64 s 216F\n(sec.228-ssec.1) In deciding an appeal, the Industrial Court may— confirm the directive or decision appealed against; or vary the directive or decision appealed against; or set aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or set aside the directive or decision appealed against and return the issue to the chief inspector with directions the court considers appropriate.\n(sec.228-ssec.2) If on appeal the court acts under subsection (1) (b) or (c) , the directive or decision is taken, for this Act (other than this part), to be that of the chief inspector.\n(sec.228-ssec.3) The court may make an order for costs it considers appropriate.\n- (a) confirm the directive or decision appealed against; or\n- (b) vary the directive or decision appealed against; or\n- (c) set aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or\n- (d) set aside the directive or decision appealed against and return the issue to the chief inspector with directions the court considers appropriate.","sortOrder":314},{"sectionNumber":"pt.14","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":315},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":316},{"sectionNumber":"sec.228A","sectionType":"section","heading":"Application of div 1","content":"### sec.228A Application of div 1\n\nThis division applies to a proceeding under this Act.\ns 228A ins 2000 No. 18 s 21","sortOrder":317},{"sectionNumber":"sec.229","sectionType":"section","heading":"Proof of appointments and authority unnecessary","content":"### sec.229 Proof of appointments and authority unnecessary\n\nIt is not necessary to prove—\nthe appointment of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative; or\nthe authority of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative to do anything under this Act.\nSubsection (1) does not apply if reasonable notice is given to the party relying on the appointment or authority that the appointment or authority is to be challenged.\ns 229 amd 2000 No. 18 s 22 ; 2007 No. 46 s 126 ; 2010 No. 17 s 69 ; 2020 No. 10 s 108\n(sec.229-ssec.1) It is not necessary to prove— the appointment of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative; or the authority of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative to do anything under this Act.\n(sec.229-ssec.2) Subsection (1) does not apply if reasonable notice is given to the party relying on the appointment or authority that the appointment or authority is to be challenged.\n- (a) the appointment of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative; or\n- (b) the authority of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative to do anything under this Act.","sortOrder":318},{"sectionNumber":"sec.230","sectionType":"section","heading":"Proof of signatures unnecessary","content":"### sec.230 Proof of signatures unnecessary\n\nA signature purporting to be the signature of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative is evidence of the signature it purports to be.\ns 230 amd 2007 No. 46 s 127 ; 2010 No. 17 s 70 ; 2020 No. 10 s 109","sortOrder":319},{"sectionNumber":"sec.231","sectionType":"section","heading":"Evidentiary aids","content":"### sec.231 Evidentiary aids\n\nA certificate stating any of the following matters is evidence of the matter—\na stated document is—\nan appointment or a copy of an appointment; or\na directive or a copy of a directive given under this Act; or\na decision, or a copy of a decision, given or made under this Act; or\na record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;\non a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing;\non a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force;\non a stated day a stated person was given a stated directive, direction, requirement or notice under this Act;\na stated amount is payable under this Act by a stated person and has not been paid;\na stated location is within the boundaries of land that is the subject of a stated mining tenure.\nA document purporting to be published by or under the authority of National Occupational Health and Safety Commission or Standards Australia is, on its production in a proceeding, evidence of the matters appearing on and in the document.\nIn a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.\nAny instrument, equipment or installation used by an inspector, inspection officer, an authorised officer or analyst in accordance with any conditions prescribed under a relevant document for its use is taken to be accurate and precise in the absence of evidence to the contrary.\nIn this section—\ncertificate means a certificate purporting to be signed by the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative.\ns 231 amd 2007 No. 46 s 128 ; 2010 No. 17 s 71 ; 2011 No. 2 s 91 ; 2018 No. 28 s 83 ; 2020 No. 10 s 110\n(sec.231-ssec.1) A certificate stating any of the following matters is evidence of the matter— a stated document is— an appointment or a copy of an appointment; or a directive or a copy of a directive given under this Act; or a decision, or a copy of a decision, given or made under this Act; or a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act; on a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing; on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force; on a stated day a stated person was given a stated directive, direction, requirement or notice under this Act; a stated amount is payable under this Act by a stated person and has not been paid; a stated location is within the boundaries of land that is the subject of a stated mining tenure.\n(sec.231-ssec.2) A document purporting to be published by or under the authority of National Occupational Health and Safety Commission or Standards Australia is, on its production in a proceeding, evidence of the matters appearing on and in the document.\n(sec.231-ssec.3) In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.\n(sec.231-ssec.4) Any instrument, equipment or installation used by an inspector, inspection officer, an authorised officer or analyst in accordance with any conditions prescribed under a relevant document for its use is taken to be accurate and precise in the absence of evidence to the contrary.\n(sec.231-ssec.5) In this section— certificate means a certificate purporting to be signed by the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative.\n- (a) a stated document is— (i) an appointment or a copy of an appointment; or (ii) a directive or a copy of a directive given under this Act; or (iii) a decision, or a copy of a decision, given or made under this Act; or (iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;\n- (i) an appointment or a copy of an appointment; or\n- (ii) a directive or a copy of a directive given under this Act; or\n- (iii) a decision, or a copy of a decision, given or made under this Act; or\n- (iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;\n- (b) on a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing;\n- (c) on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force;\n- (d) on a stated day a stated person was given a stated directive, direction, requirement or notice under this Act;\n- (e) a stated amount is payable under this Act by a stated person and has not been paid;\n- (f) a stated location is within the boundaries of land that is the subject of a stated mining tenure.\n- (i) an appointment or a copy of an appointment; or\n- (ii) a directive or a copy of a directive given under this Act; or\n- (iii) a decision, or a copy of a decision, given or made under this Act; or\n- (iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;","sortOrder":320},{"sectionNumber":"sec.232","sectionType":"section","heading":"Expert reports","content":"### sec.232 Expert reports\n\nAn expert report is admissible in evidence in a proceeding under this Act, whether or not the person making the report (the expert ) attends to give oral evidence in the proceeding.\nHowever, if the expert does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave.\nIn deciding whether to grant leave, the court must have regard to the following—\nthe contents of the report;\nwhy the expert does not intend to give oral evidence;\nthe risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence;\nany other relevant circumstance.\nAn expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence.\nIn this section—\nexpert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report.\n(sec.232-ssec.1) An expert report is admissible in evidence in a proceeding under this Act, whether or not the person making the report (the expert ) attends to give oral evidence in the proceeding.\n(sec.232-ssec.2) However, if the expert does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave.\n(sec.232-ssec.3) In deciding whether to grant leave, the court must have regard to the following— the contents of the report; why the expert does not intend to give oral evidence; the risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence; any other relevant circumstance.\n(sec.232-ssec.4) An expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence.\n(sec.232-ssec.5) In this section— expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report.\n- (a) the contents of the report;\n- (b) why the expert does not intend to give oral evidence;\n- (c) the risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence;\n- (d) any other relevant circumstance.","sortOrder":321},{"sectionNumber":"sec.233","sectionType":"section","heading":"Analyst’s certificate or report","content":"### sec.233 Analyst’s certificate or report\n\nThe production by the prosecutor or the defendant in a prosecution of a signed analyst’s report stating any of the following is evidence of them—\nthe analyst’s qualifications;\nthe analyst took, or received from a stated person, the sample mentioned in the report;\nthe analyst analysed the sample on a stated day, or during a stated period, and at a stated place;\nthe results of the analysis.\n- (a) the analyst’s qualifications;\n- (b) the analyst took, or received from a stated person, the sample mentioned in the report;\n- (c) the analyst analysed the sample on a stated day, or during a stated period, and at a stated place;\n- (d) the results of the analysis.","sortOrder":322},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":323},{"sectionNumber":"sec.234","sectionType":"section","heading":"Proceedings for offences","content":"### sec.234 Proceedings for offences\n\nA charge of an offence against this Act, other than an offence against part 3A , must be heard and decided summarily.\nMore than 1 contravention of a safety and health obligation under section 31 may be charged as a single charge if the acts or omissions giving rise to the claimed contravention happened within the same period and in relation to the same mine.\nA proceeding for an offence against this Act may only be taken by—\nif the offence is a serious offence—the WHS prosecutor; or\notherwise—the CEO or the WHS prosecutor.\nHowever, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (3) (b) .\nAn authorisation under subsection (4) may be general or limited to a particular proceeding or class of proceedings.\nAn authorisation under subsection (4) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons.\nIn deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11 .\nNothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.\nIn this section—\nserious offence means—\nan offence against section 31 if the contravention—\ncaused multiple deaths; or\ncaused death or grievous bodily harm; or\ncaused bodily harm; or\ninvolved exposure to a substance that is likely to cause death or grievous bodily harm; or\nan offence against part 3A ; or\nan offence prescribed by regulation for this paragraph.\ns 234 amd 2005 No. 68 s 122 ; 2008 No. 56 s 79 sch ; 2009 No. 16 s 64 ; 2011 No. 4 s 69 sch pt 1 ; 2014 No. 64 s 217 ; 2016 No. 63 s 1157 sch 6 ; 2020 No. 10 s 111 ; 2020 No. 14 s 158 ; 2024 No. 34 s 214\n(sec.234-ssec.1) A charge of an offence against this Act, other than an offence against part 3A , must be heard and decided summarily.\n(sec.234-ssec.2) More than 1 contravention of a safety and health obligation under section 31 may be charged as a single charge if the acts or omissions giving rise to the claimed contravention happened within the same period and in relation to the same mine.\n(sec.234-ssec.3) A proceeding for an offence against this Act may only be taken by— if the offence is a serious offence—the WHS prosecutor; or otherwise—the CEO or the WHS prosecutor.\n(sec.234-ssec.4) However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (3) (b) .\n(sec.234-ssec.5) An authorisation under subsection (4) may be general or limited to a particular proceeding or class of proceedings.\n(sec.234-ssec.6) An authorisation under subsection (4) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons.\n(sec.234-ssec.7) In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11 .\n(sec.234-ssec.8) Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.\n(sec.234-ssec.9) In this section— serious offence means— an offence against section 31 if the contravention— caused multiple deaths; or caused death or grievous bodily harm; or caused bodily harm; or involved exposure to a substance that is likely to cause death or grievous bodily harm; or an offence against part 3A ; or an offence prescribed by regulation for this paragraph.\n- (a) if the offence is a serious offence—the WHS prosecutor; or\n- (b) otherwise—the CEO or the WHS prosecutor.\n- (a) an offence against section 31 if the contravention— (i) caused multiple deaths; or (ii) caused death or grievous bodily harm; or (iii) caused bodily harm; or (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or\n- (i) caused multiple deaths; or\n- (ii) caused death or grievous bodily harm; or\n- (iii) caused bodily harm; or\n- (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or\n- (b) an offence against part 3A ; or\n- (c) an offence prescribed by regulation for this paragraph.\n- (i) caused multiple deaths; or\n- (ii) caused death or grievous bodily harm; or\n- (iii) caused bodily harm; or\n- (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or","sortOrder":324},{"sectionNumber":"sec.235","sectionType":"section","heading":"WHS prosecutor may ask CEO for information","content":"### sec.235 WHS prosecutor may ask CEO for information\n\nThe WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.\nThe CEO must take reasonable steps to provide the information.\nIn this section—\ninformation includes a document.\ns 235 amd 2005 No. 68 s 123 ; 2009 No. 16 s 65\nsub 2020 No. 10 s 112\n(sec.235-ssec.1) The WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.\n(sec.235-ssec.2) The CEO must take reasonable steps to provide the information.\n(sec.235-ssec.3) In this section— information includes a document.","sortOrder":325},{"sectionNumber":"sec.235A","sectionType":"section","heading":"CEO’s duty to disclose information to WHS prosecutor","content":"### sec.235A CEO’s duty to disclose information to WHS prosecutor\n\nThis section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.\nThe CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.\nThe duty continues until the proceeding is finally decided or otherwise ends.\nIn this section—\ninformation includes a document.\ns 235A ins 2020 No. 10 s 112\n(sec.235A-ssec.1) This section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.\n(sec.235A-ssec.2) The CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.\n(sec.235A-ssec.3) The duty continues until the proceeding is finally decided or otherwise ends.\n(sec.235A-ssec.4) In this section— information includes a document.","sortOrder":326},{"sectionNumber":"sec.235B","sectionType":"section","heading":"Procedure if prosecution not brought","content":"### sec.235B Procedure if prosecution not brought\n\nThis section applies if—\na person reasonably considers that an act or omission constitutes a serious offence under section 234 (9) ; and\nno prosecution has been brought in relation to the act or omission; and\nthe following period has elapsed from when the act or omission happened—\nif the act or omission constitutes an offence against part 3A —at least 6 months;\notherwise—at least 6 months but no more than 12 months.\nThe person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.\nWithin 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating—\nwhether the investigation of the act or omission is complete; and\nif the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and\nif the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.\nAlso, if the WHS prosecutor gives a notice under subsection (3) (b) that a prosecution has not been or will not be brought, the WHS prosecutor must—\nadvise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and\nif the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.\nThe director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought.\nThe WHS prosecutor must give a copy of the advice under subsection (5) to—\nthe person who made the request under subsection (2) ; and\nany other person whom the person mentioned in paragraph (a) believes committed the serious offence.\nIf the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6) .\ns 235B ins 2020 No. 10 s 112\namd 2020 No. 14 s 159 ; 2024 No. 34 s 215\n(sec.235B-ssec.1) This section applies if— a person reasonably considers that an act or omission constitutes a serious offence under section 234 (9) ; and no prosecution has been brought in relation to the act or omission; and the following period has elapsed from when the act or omission happened— if the act or omission constitutes an offence against part 3A —at least 6 months; otherwise—at least 6 months but no more than 12 months.\n(sec.235B-ssec.2) The person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.\n(sec.235B-ssec.3) Within 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating— whether the investigation of the act or omission is complete; and if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.\n(sec.235B-ssec.4) Also, if the WHS prosecutor gives a notice under subsection (3) (b) that a prosecution has not been or will not be brought, the WHS prosecutor must— advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.\n(sec.235B-ssec.5) The director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought.\n(sec.235B-ssec.6) The WHS prosecutor must give a copy of the advice under subsection (5) to— the person who made the request under subsection (2) ; and any other person whom the person mentioned in paragraph (a) believes committed the serious offence.\n(sec.235B-ssec.7) If the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6) .\n- (a) a person reasonably considers that an act or omission constitutes a serious offence under section 234 (9) ; and\n- (b) no prosecution has been brought in relation to the act or omission; and\n- (c) the following period has elapsed from when the act or omission happened— (i) if the act or omission constitutes an offence against part 3A —at least 6 months; (ii) otherwise—at least 6 months but no more than 12 months.\n- (i) if the act or omission constitutes an offence against part 3A —at least 6 months;\n- (ii) otherwise—at least 6 months but no more than 12 months.\n- (i) if the act or omission constitutes an offence against part 3A —at least 6 months;\n- (ii) otherwise—at least 6 months but no more than 12 months.\n- (a) whether the investigation of the act or omission is complete; and\n- (b) if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and\n- (c) if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.\n- (a) advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and\n- (b) if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.\n- (a) the person who made the request under subsection (2) ; and\n- (b) any other person whom the person mentioned in paragraph (a) believes committed the serious offence.","sortOrder":327},{"sectionNumber":"sec.236","sectionType":"section","heading":"Limitation on time for starting proceedings","content":"### sec.236 Limitation on time for starting proceedings\n\nA proceeding for an offence against this Act must start within the latest of the following periods to end—\n2 years after the offence first comes to the notice of the complainant;\nif an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen—\nthe enforceable undertaking is contravened;\nit comes to the notice of the CEO that the enforceable undertaking has been contravened;\nthe CEO agrees under section 246Q to the withdrawal of the enforceable undertaking;\nif the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.\nSubsection (1) does not apply to a proceeding for an offence against part 3A .\ns 236 amd 2009 No. 16 s 66 ; 2020 No. 14 s 160 ; 2024 No. 34 s 216\n(sec.236-ssec.1) A proceeding for an offence against this Act must start within the latest of the following periods to end— 2 years after the offence first comes to the notice of the complainant; if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen— the enforceable undertaking is contravened; it comes to the notice of the CEO that the enforceable undertaking has been contravened; the CEO agrees under section 246Q to the withdrawal of the enforceable undertaking; if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.\n(sec.236-ssec.2) Subsection (1) does not apply to a proceeding for an offence against part 3A .\n- (a) 2 years after the offence first comes to the notice of the complainant;\n- (b) if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen— (i) the enforceable undertaking is contravened; (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened; (iii) the CEO agrees under section 246Q to the withdrawal of the enforceable undertaking;\n- (i) the enforceable undertaking is contravened;\n- (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened;\n- (iii) the CEO agrees under section 246Q to the withdrawal of the enforceable undertaking;\n- (c) if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.\n- (i) the enforceable undertaking is contravened;\n- (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened;\n- (iii) the CEO agrees under section 246Q to the withdrawal of the enforceable undertaking;","sortOrder":328},{"sectionNumber":"sec.237","sectionType":"section","heading":"Court may order suspension or cancellation of certificate or notice","content":"### sec.237 Court may order suspension or cancellation of certificate or notice\n\nThis section applies if a person convicted of an offence against this Act is the holder of a certificate of competency or site senior executive notice.\nA Magistrates Court, on application by the complainant during the proceedings for the offence, may suspend or cancel the certificate of competency or site senior executive notice of the person convicted.\nA person dissatisfied with the court’s decision to suspend or cancel the person’s certificate of competency or site senior executive notice who wants to appeal the decision, must appeal to the District Court.\nA Magistrates Court must give notice of a decision to suspend or cancel a person’s certificate of competency or site senior executive notice to—\nthe following persons, to the extent the persons are known to the court—\nfor a decision relating to a certificate of competency—the site senior executive for each mine at which the person works;\nfor a decision relating to a site senior executive notice—the operator for each mine at which the person works; and\nthe board of examiners.\ns 237 amd 2018 No. 28 s 84 ; 2024 No. 34 s 217\n(sec.237-ssec.1) This section applies if a person convicted of an offence against this Act is the holder of a certificate of competency or site senior executive notice.\n(sec.237-ssec.2) A Magistrates Court, on application by the complainant during the proceedings for the offence, may suspend or cancel the certificate of competency or site senior executive notice of the person convicted.\n(sec.237-ssec.3) A person dissatisfied with the court’s decision to suspend or cancel the person’s certificate of competency or site senior executive notice who wants to appeal the decision, must appeal to the District Court.\n(sec.237-ssec.4) A Magistrates Court must give notice of a decision to suspend or cancel a person’s certificate of competency or site senior executive notice to— the following persons, to the extent the persons are known to the court— for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works; for a decision relating to a site senior executive notice—the operator for each mine at which the person works; and the board of examiners.\n- (a) the following persons, to the extent the persons are known to the court— (i) for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works; (ii) for a decision relating to a site senior executive notice—the operator for each mine at which the person works; and\n- (i) for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works;\n- (ii) for a decision relating to a site senior executive notice—the operator for each mine at which the person works; and\n- (b) the board of examiners.\n- (i) for a decision relating to a certificate of competency—the site senior executive for each mine at which the person works;\n- (ii) for a decision relating to a site senior executive notice—the operator for each mine at which the person works; and","sortOrder":329},{"sectionNumber":"sec.238","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.238 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, a Magistrates Court may order the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized, whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\ns 238 amd 2024 No. 34 s 218\n(sec.238-ssec.1) On conviction of a person for an offence against this Act, a Magistrates Court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.238-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized, whether or not the thing has been returned to its owner.\n(sec.238-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.238-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized, whether or not the thing has been returned to its owner.","sortOrder":330},{"sectionNumber":"sec.239","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.239 Dealing with forfeited things\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the CEO as the CEO considers appropriate.\nWithout limiting subsection (1) , the CEO may destroy the thing.\ns 239 amd 2020 No. 10 s 139 sch 2\n(sec.239-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the CEO as the CEO considers appropriate.\n(sec.239-ssec.2) Without limiting subsection (1) , the CEO may destroy the thing.","sortOrder":331},{"sectionNumber":"sec.240","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.240 Responsibility for acts or omissions of representatives\n\nSubsections (2) and (3) apply in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nof a corporation—an officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\ns 240 amd 2018 No. 28 s 85\n(sec.240-ssec.1) Subsections (2) and (3) apply in a proceeding for an offence against this Act.\n(sec.240-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.240-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.\n(sec.240-ssec.4) In this section— representative means— of a corporation—an officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) of a corporation—an officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":332},{"sectionNumber":"sec.241","sectionType":"section","heading":null,"content":"### Section sec.241\n\ns 241 om 2018 No. 28 s 86","sortOrder":333},{"sectionNumber":"sec.242","sectionType":"section","heading":"Representation","content":"### sec.242 Representation\n\nA party to a proceeding under this Act may be represented by the party’s lawyer or agent.","sortOrder":334},{"sectionNumber":"sec.243","sectionType":"section","heading":"Orders for costs","content":"### sec.243 Orders for costs\n\nThis section applies in relation to a proceeding for an offence against this Act.\nA Magistrates Court may award a represented party for the proceeding costs of the representation.\nIf a court convicts a person of an offence against this Act, the court may order the person to pay the reasonable costs incurred by RSHQ in investigating, and preparing for the prosecution of, the offence.\nThis section does not limit the orders for costs the court may make.\nIn this section—\nrepresented party , for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.\ns 243 amd 2020 No. 10 s 113 ; 2020 No. 14 s 161 ; 2024 No. 34 s 219\n(sec.243-ssec.1) This section applies in relation to a proceeding for an offence against this Act.\n(sec.243-ssec.2) A Magistrates Court may award a represented party for the proceeding costs of the representation.\n(sec.243-ssec.3) If a court convicts a person of an offence against this Act, the court may order the person to pay the reasonable costs incurred by RSHQ in investigating, and preparing for the prosecution of, the offence.\n(sec.243-ssec.4) This section does not limit the orders for costs the court may make.\n(sec.243-ssec.5) In this section— represented party , for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.","sortOrder":335},{"sectionNumber":"sec.244","sectionType":"section","heading":"Recovery of fees","content":"### sec.244 Recovery of fees\n\nA fee payable under this Act and not paid may be recovered by the CEO—\nin summary proceedings under the Justices Act 1886 ; or\nby action for a debt in a court of competent jurisdiction.\nA fee may also be recovered in a proceeding for an offence against this Act.\nAn order made under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.\nIf an order is made under subsection (2) —\nthe order may be filed in the registry of a Magistrates Court; and\non being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.\ns 244 amd 2020 No. 10 s 139 sch 2\n(sec.244-ssec.1) A fee payable under this Act and not paid may be recovered by the CEO— in summary proceedings under the Justices Act 1886 ; or by action for a debt in a court of competent jurisdiction.\n(sec.244-ssec.2) A fee may also be recovered in a proceeding for an offence against this Act.\n(sec.244-ssec.3) An order made under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.\n(sec.244-ssec.4) If an order is made under subsection (2) — the order may be filed in the registry of a Magistrates Court; and on being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.\n- (a) in summary proceedings under the Justices Act 1886 ; or\n- (b) by action for a debt in a court of competent jurisdiction.\n- (a) the order may be filed in the registry of a Magistrates Court; and\n- (b) on being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.","sortOrder":336},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Evidentiary provisions","content":"## Evidentiary provisions","sortOrder":337},{"sectionNumber":"sec.245","sectionType":"section","heading":"Service of documents","content":"### sec.245 Service of documents\n\nIf a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to—\nthe last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\nthe facsimile transmission number operated—\nat the address of the person last known to the giver of the document; or\nif the person is a company, at the company’s registered office.\nA document given in accordance with subsection (1) is taken to have been given on the day the copy is transmitted.\nThis section does not limit any other means of giving documents authorised or permitted by law including, for example, under the Acts Interpretation Act 1954 , part 10 .\n(sec.245-ssec.1) If a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to— the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or the facsimile transmission number operated— at the address of the person last known to the giver of the document; or if the person is a company, at the company’s registered office.\n(sec.245-ssec.2) A document given in accordance with subsection (1) is taken to have been given on the day the copy is transmitted.\n(sec.245-ssec.3) This section does not limit any other means of giving documents authorised or permitted by law including, for example, under the Acts Interpretation Act 1954 , part 10 .\n- (a) the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\n- (b) the facsimile transmission number operated— (i) at the address of the person last known to the giver of the document; or (ii) if the person is a company, at the company’s registered office.\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a company, at the company’s registered office.\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a company, at the company’s registered office.","sortOrder":338},{"sectionNumber":"sec.246","sectionType":"section","heading":"How document to be given to operator","content":"### sec.246 How document to be given to operator\n\nA document to be given to an operator for a mine, is taken to have been given to the operator if it is—\naddressed to the operator; and\ngiven to the site senior executive at the mine.\n- (a) addressed to the operator; and\n- (b) given to the site senior executive at the mine.","sortOrder":339},{"sectionNumber":"pt.14A","sectionType":"part","heading":"Injunctions","content":"# Injunctions","sortOrder":340},{"sectionNumber":"sec.246A","sectionType":"section","heading":"Applying for injunction","content":"### sec.246A Applying for injunction\n\nThe CEO or chief inspector may apply to the District Court for an injunction under this part.\nAn injunction under this part may be granted by the District Court against a person at any time.\ns 246A ins 2011 No. 2 s 92\namd 2020 No. 10 s 114\n(sec.246A-ssec.1) The CEO or chief inspector may apply to the District Court for an injunction under this part.\n(sec.246A-ssec.2) An injunction under this part may be granted by the District Court against a person at any time.","sortOrder":341},{"sectionNumber":"sec.246B","sectionType":"section","heading":"Grounds for injunction","content":"### sec.246B Grounds for injunction\n\nThe District Court may grant an injunction if the court is satisfied a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—\na contravention of this Act; or\nattempting to contravene this Act; or\naiding, abetting, counselling or procuring a person to contravene this Act; or\ninducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention of this Act by a person; or\nconspiring with others to contravene this Act.\ns 246B ins 2011 No. 2 s 92\n- (a) a contravention of this Act; or\n- (b) attempting to contravene this Act; or\n- (c) aiding, abetting, counselling or procuring a person to contravene this Act; or\n- (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or\n- (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention of this Act by a person; or\n- (f) conspiring with others to contravene this Act.","sortOrder":342},{"sectionNumber":"sec.246C","sectionType":"section","heading":"Court’s powers for injunction","content":"### sec.246C Court’s powers for injunction\n\nThe power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised—\nwhether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\nwhether or not the person has previously engaged in conduct of that kind.\nThe power of the court to grant an injunction requiring a person to do an act or thing may be exercised—\nwhether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\nwhether or not the person has previously failed to do the act or thing.\nAn interim injunction may be granted under this part until the application is finally decided.\nThe court may rescind or vary an injunction at any time.\ns 246C ins 2011 No. 2 s 92\n(sec.246C-ssec.1) The power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and whether or not the person has previously engaged in conduct of that kind.\n(sec.246C-ssec.2) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised— whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and whether or not the person has previously failed to do the act or thing.\n(sec.246C-ssec.3) An interim injunction may be granted under this part until the application is finally decided.\n(sec.246C-ssec.4) The court may rescind or vary an injunction at any time.\n- (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\n- (b) whether or not the person has previously engaged in conduct of that kind.\n- (a) whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\n- (b) whether or not the person has previously failed to do the act or thing.","sortOrder":343},{"sectionNumber":"sec.246D","sectionType":"section","heading":"Terms of injunction","content":"### sec.246D Terms of injunction\n\nThe District Court may grant an injunction in the terms the court considers appropriate.\nWithout limiting the court’s power under subsection (1) , an injunction may be granted restraining a person from carrying on particular activities—\nfor a stated period; or\nexcept on stated terms and conditions.\nAlso, the court may grant an injunction requiring a person to take stated action, including action to disclose or publish information, to remedy any adverse consequences of the person’s contravention of this Act.\ns 246D ins 2011 No. 2 s 92\n(sec.246D-ssec.1) The District Court may grant an injunction in the terms the court considers appropriate.\n(sec.246D-ssec.2) Without limiting the court’s power under subsection (1) , an injunction may be granted restraining a person from carrying on particular activities— for a stated period; or except on stated terms and conditions.\n(sec.246D-ssec.3) Also, the court may grant an injunction requiring a person to take stated action, including action to disclose or publish information, to remedy any adverse consequences of the person’s contravention of this Act.\n- (a) for a stated period; or\n- (b) except on stated terms and conditions.","sortOrder":344},{"sectionNumber":"pt.14B","sectionType":"part","heading":"Civil penalties","content":"# Civil penalties","sortOrder":345},{"sectionNumber":"sec.246E","sectionType":"section","heading":"Definitions for part","content":"### sec.246E Definitions for part\n\nIn this part—\ncivil penalty obligation means a safety and health obligation, or another obligation under this Act, prescribed by regulation to be a civil penalty obligation.\ncorresponding offence , in relation to a contravention of a civil penalty obligation, means an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\npenalty notice see section 246I (3) .\nproposed penalty notice see section 246G (2) .\nrelevant corporation means an operator or contractor that is a corporation.\ns 246E ins 2018 No. 28 s 87","sortOrder":346},{"sectionNumber":"sec.246F","sectionType":"section","heading":"Liability for civil penalties","content":"### sec.246F Liability for civil penalties\n\nA relevant corporation is liable to pay the State a civil penalty if—\nthe relevant corporation contravenes a civil penalty obligation; or\na representative of the relevant corporation contravenes a civil penalty obligation.\nA civil penalty may be imposed on the relevant corporation by a penalty notice given to the corporation by the CEO.\nThe amount of the penalty is—\nif the civil penalty obligation is a category 1 obligation—1,000 penalty units; or\nif the civil penalty obligation is a category 2 obligation—750 penalty units; or\nif the civil penalty obligation is a category 3 obligation—500 penalty units.\nFor subsection (3) , the category of a civil penalty obligation is the category prescribed by regulation for the obligation.\nIn this section—\nrepresentative , of a relevant corporation, means an officer, employee or agent of the corporation.\ns 246F ins 2018 No. 28 s 87\namd 2020 No. 10 s 139 sch 2\n(sec.246F-ssec.1) A relevant corporation is liable to pay the State a civil penalty if— the relevant corporation contravenes a civil penalty obligation; or a representative of the relevant corporation contravenes a civil penalty obligation.\n(sec.246F-ssec.2) A civil penalty may be imposed on the relevant corporation by a penalty notice given to the corporation by the CEO.\n(sec.246F-ssec.3) The amount of the penalty is— if the civil penalty obligation is a category 1 obligation—1,000 penalty units; or if the civil penalty obligation is a category 2 obligation—750 penalty units; or if the civil penalty obligation is a category 3 obligation—500 penalty units.\n(sec.246F-ssec.4) For subsection (3) , the category of a civil penalty obligation is the category prescribed by regulation for the obligation.\n(sec.246F-ssec.5) In this section— representative , of a relevant corporation, means an officer, employee or agent of the corporation.\n- (a) the relevant corporation contravenes a civil penalty obligation; or\n- (b) a representative of the relevant corporation contravenes a civil penalty obligation.\n- (a) if the civil penalty obligation is a category 1 obligation—1,000 penalty units; or\n- (b) if the civil penalty obligation is a category 2 obligation—750 penalty units; or\n- (c) if the civil penalty obligation is a category 3 obligation—500 penalty units.","sortOrder":347},{"sectionNumber":"sec.246G","sectionType":"section","heading":"Giving of notice proposing imposition of civil penalty","content":"### sec.246G Giving of notice proposing imposition of civil penalty\n\nThis section applies if the CEO reasonably believes a relevant corporation is liable to pay a civil penalty on the grounds of a contravention of a civil penalty obligation.\nThe CEO may give the corporation a notice (a proposed penalty notice ) proposing to impose a civil penalty on the corporation on the grounds of the contravention.\nThe proposed penalty notice must state each of the following matters—\nthat the CEO proposes to impose a civil penalty on the corporation;\nthe grounds for imposing the penalty;\nthe facts and circumstances forming the basis for the grounds;\nthat the corporation may make a written submission to the CEO, within a stated period of at least 14 days after the corporation is given the notice, to show why the civil penalty should not be imposed;\nthe way in which the submission may be made.\ns 246G ins 2018 No. 28 s 87\namd 2020 No. 10 s 139 sch 2\n(sec.246G-ssec.1) This section applies if the CEO reasonably believes a relevant corporation is liable to pay a civil penalty on the grounds of a contravention of a civil penalty obligation.\n(sec.246G-ssec.2) The CEO may give the corporation a notice (a proposed penalty notice ) proposing to impose a civil penalty on the corporation on the grounds of the contravention.\n(sec.246G-ssec.3) The proposed penalty notice must state each of the following matters— that the CEO proposes to impose a civil penalty on the corporation; the grounds for imposing the penalty; the facts and circumstances forming the basis for the grounds; that the corporation may make a written submission to the CEO, within a stated period of at least 14 days after the corporation is given the notice, to show why the civil penalty should not be imposed; the way in which the submission may be made.\n- (a) that the CEO proposes to impose a civil penalty on the corporation;\n- (b) the grounds for imposing the penalty;\n- (c) the facts and circumstances forming the basis for the grounds;\n- (d) that the corporation may make a written submission to the CEO, within a stated period of at least 14 days after the corporation is given the notice, to show why the civil penalty should not be imposed;\n- (e) the way in which the submission may be made.","sortOrder":348},{"sectionNumber":"sec.246H","sectionType":"section","heading":"Submission against proposed imposition of civil penalty","content":"### sec.246H Submission against proposed imposition of civil penalty\n\nThe relevant corporation may, within the period stated in the proposed penalty notice under section 246G (3) (d) and in the way stated in the notice, make a written submission to the CEO to show why the civil penalty should not be imposed.\ns 246H ins 2018 No. 28 s 87\namd 2020 No. 10 s 139 sch 2","sortOrder":349},{"sectionNumber":"sec.246I","sectionType":"section","heading":"Giving of penalty notice","content":"### sec.246I Giving of penalty notice\n\nThis section applies if—\nthe period stated in the proposed penalty notice under section 246G (3) (d) has ended; and\nthe CEO has considered any submission made under section 246H ; and\nthe CEO is satisfied—\nthe civil penalty obligation mentioned in the proposed penalty notice has been contravened; and\nthe relevant corporation is liable to a civil penalty on the grounds of the contravention.\nThe CEO may decide to impose a civil penalty on the corporation on the grounds of the contravention.\nIf the CEO makes a decision under subsection (2) , the CEO must give the corporation a notice (a penalty notice ) stating each of the following matters—\nthe CEO has decided to impose a civil penalty on the corporation;\nthe reasons for the decision;\nthe amount of the penalty and the day by which it must be paid;\nthat the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice;\nhow to appeal.\nThe day for payment stated under subsection (3) (c) must not be less than 28 days after the penalty notice is given to the corporation.\nThe State may recover the penalty from the corporation as a debt.\ns 246I ins 2018 No. 28 s 87\namd 2020 No. 10 s 139 sch 2\n(sec.246I-ssec.1) This section applies if— the period stated in the proposed penalty notice under section 246G (3) (d) has ended; and the CEO has considered any submission made under section 246H ; and the CEO is satisfied— the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and the relevant corporation is liable to a civil penalty on the grounds of the contravention.\n(sec.246I-ssec.2) The CEO may decide to impose a civil penalty on the corporation on the grounds of the contravention.\n(sec.246I-ssec.3) If the CEO makes a decision under subsection (2) , the CEO must give the corporation a notice (a penalty notice ) stating each of the following matters— the CEO has decided to impose a civil penalty on the corporation; the reasons for the decision; the amount of the penalty and the day by which it must be paid; that the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice; how to appeal.\n(sec.246I-ssec.4) The day for payment stated under subsection (3) (c) must not be less than 28 days after the penalty notice is given to the corporation.\n(sec.246I-ssec.5) The State may recover the penalty from the corporation as a debt.\n- (a) the period stated in the proposed penalty notice under section 246G (3) (d) has ended; and\n- (b) the CEO has considered any submission made under section 246H ; and\n- (c) the CEO is satisfied— (i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and (ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.\n- (i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and\n- (ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.\n- (i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and\n- (ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.\n- (a) the CEO has decided to impose a civil penalty on the corporation;\n- (b) the reasons for the decision;\n- (c) the amount of the penalty and the day by which it must be paid;\n- (d) that the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice;\n- (e) how to appeal.","sortOrder":350},{"sectionNumber":"sec.246J","sectionType":"section","heading":"Civil penalty can not be imposed after criminal proceeding","content":"### sec.246J Civil penalty can not be imposed after criminal proceeding\n\nA civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence.\nSubsection (3) applies if—\nthe CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and\nbefore the CEO makes a decision under section 246I , a criminal proceeding is started against the corporation for a corresponding offence.\nA civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence.\nThis section applies despite any other provision of this part.\ns 246J ins 2018 No. 28 s 87\namd 2020 No. 10 s 139 sch 2\n(sec.246J-ssec.1) A civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence.\n(sec.246J-ssec.2) Subsection (3) applies if— the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and before the CEO makes a decision under section 246I , a criminal proceeding is started against the corporation for a corresponding offence.\n(sec.246J-ssec.3) A civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence.\n(sec.246J-ssec.4) This section applies despite any other provision of this part.\n- (a) the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and\n- (b) before the CEO makes a decision under section 246I , a criminal proceeding is started against the corporation for a corresponding offence.","sortOrder":351},{"sectionNumber":"sec.246K","sectionType":"section","heading":"Criminal proceeding after civil penalty imposed","content":"### sec.246K Criminal proceeding after civil penalty imposed\n\nA criminal proceeding may be started against a relevant corporation for a corresponding offence for a contravention of a civil penalty obligation regardless of whether a civil penalty has been imposed on the corporation for the contravention.\ns 246K ins 2018 No. 28 s 87","sortOrder":352},{"sectionNumber":"pt.14C","sectionType":"part","heading":"Enforceable undertakings","content":"# Enforceable undertakings","sortOrder":353},{"sectionNumber":"sec.246L","sectionType":"section","heading":"CEO may accept enforceable undertaking","content":"### sec.246L CEO may accept enforceable undertaking\n\nThe CEO may accept a written undertaking (an enforceable undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention of this Act by the person.\nAn enforceable undertaking can not be accepted for a contravention or alleged contravention that is—\nan offence against section 45C or 45D ; or\nan offence involving a breach of a safety and health obligation causing death.\nThe giving of an enforceable undertaking does not constitute an admission of guilt by the person giving the undertaking in relation to the contravention or alleged contravention to which the undertaking relates.\nThe CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.\nThe CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention that is an offence mentioned in subsection (2) (a) or (b) , before a proceeding in relation to the contravention has been finalised.\nIf the CEO accepts an enforceable undertaking before the proceeding is finalised—\nthe CEO must immediately notify the WHS prosecutor; and\nthe WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.\ns 246L ins 2024 No. 34 s 220\n(sec.246L-ssec.1) The CEO may accept a written undertaking (an enforceable undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention of this Act by the person.\n(sec.246L-ssec.2) An enforceable undertaking can not be accepted for a contravention or alleged contravention that is— an offence against section 45C or 45D ; or an offence involving a breach of a safety and health obligation causing death.\n(sec.246L-ssec.3) The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving the undertaking in relation to the contravention or alleged contravention to which the undertaking relates.\n(sec.246L-ssec.4) The CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.\n(sec.246L-ssec.5) The CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention that is an offence mentioned in subsection (2) (a) or (b) , before a proceeding in relation to the contravention has been finalised.\n(sec.246L-ssec.6) If the CEO accepts an enforceable undertaking before the proceeding is finalised— the CEO must immediately notify the WHS prosecutor; and the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.\n- (a) an offence against section 45C or 45D ; or\n- (b) an offence involving a breach of a safety and health obligation causing death.\n- (a) the CEO must immediately notify the WHS prosecutor; and\n- (b) the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.","sortOrder":354},{"sectionNumber":"sec.246M","sectionType":"section","heading":"Notice of decision and reasons for decision","content":"### sec.246M Notice of decision and reasons for decision\n\nThe CEO must give the person seeking to make an enforceable undertaking notice of the CEO’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.\nThe CEO must publish, on a Queensland Government website, notice of a decision to accept an enforceable undertaking and the reasons for the decision.\ns 246M ins 2024 No. 34 s 220\n(sec.246M-ssec.1) The CEO must give the person seeking to make an enforceable undertaking notice of the CEO’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.\n(sec.246M-ssec.2) The CEO must publish, on a Queensland Government website, notice of a decision to accept an enforceable undertaking and the reasons for the decision.","sortOrder":355},{"sectionNumber":"sec.246N","sectionType":"section","heading":"When enforceable undertaking is enforceable","content":"### sec.246N When enforceable undertaking is enforceable\n\nAn enforceable undertaking takes effect and becomes enforceable when the CEO’s decision to accept the undertaking is given to the person who made the undertaking or at any later date stated by the CEO.\ns 246N ins 2024 No. 34 s 220","sortOrder":356},{"sectionNumber":"sec.246O","sectionType":"section","heading":"Compliance with enforceable undertaking","content":"### sec.246O Compliance with enforceable undertaking\n\nA person must not contravene an enforceable undertaking made by the person that is in effect.\nMaximum penalty—500 penalty units.\ns 246O ins 2024 No. 34 s 220","sortOrder":357},{"sectionNumber":"sec.246P","sectionType":"section","heading":"Contravention of enforceable undertaking","content":"### sec.246P Contravention of enforceable undertaking\n\nThe CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking.\nIf the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make—\nan order directing the person to comply with the undertaking; or\nan order discharging the undertaking.\nIn addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State—\nthe costs of the proceeding; and\nthe reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.\nNothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates.\nSection 246R specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.\ns 246P ins 2024 No. 34 s 220\n(sec.246P-ssec.1) The CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking.\n(sec.246P-ssec.2) If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make— an order directing the person to comply with the undertaking; or an order discharging the undertaking.\n(sec.246P-ssec.3) In addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State— the costs of the proceeding; and the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.\n(sec.246P-ssec.4) Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates. Section 246R specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.\n- (a) an order directing the person to comply with the undertaking; or\n- (b) an order discharging the undertaking.\n- (a) the costs of the proceeding; and\n- (b) the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.","sortOrder":358},{"sectionNumber":"sec.246Q","sectionType":"section","heading":"Withdrawal or variation of enforceable undertaking","content":"### sec.246Q Withdrawal or variation of enforceable undertaking\n\nA person who has made an enforceable undertaking may at any time, with the written agreement of the CEO—\nwithdraw the undertaking; or\nvary the undertaking.\nHowever, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act .\nThe CEO must publish, on a Queensland Government website, notice of the withdrawal or variation of an enforceable undertaking.\ns 246Q ins 2024 No. 34 s 220\n(sec.246Q-ssec.1) A person who has made an enforceable undertaking may at any time, with the written agreement of the CEO— withdraw the undertaking; or vary the undertaking.\n(sec.246Q-ssec.2) However, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act .\n(sec.246Q-ssec.3) The CEO must publish, on a Queensland Government website, notice of the withdrawal or variation of an enforceable undertaking.\n- (a) withdraw the undertaking; or\n- (b) vary the undertaking.","sortOrder":359},{"sectionNumber":"sec.246R","sectionType":"section","heading":"Proceeding for alleged contravention","content":"### sec.246R Proceeding for alleged contravention\n\nSubject to this part, no proceeding for a contravention or alleged contravention of this Act may be taken against a person if an enforceable undertaking is in effect in relation to the contravention.\nNo proceeding may be taken for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to the contravention and has completely discharged the enforceable undertaking.\ns 246R ins 2024 No. 34 s 220\n(sec.246R-ssec.1) Subject to this part, no proceeding for a contravention or alleged contravention of this Act may be taken against a person if an enforceable undertaking is in effect in relation to the contravention.\n(sec.246R-ssec.2) No proceeding may be taken for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to the contravention and has completely discharged the enforceable undertaking.","sortOrder":360},{"sectionNumber":"pt.15","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":361},{"sectionNumber":"pt.15-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":362},{"sectionNumber":"sec.247","sectionType":"section","heading":"Person not to encourage refusal to answer questions","content":"### sec.247 Person not to encourage refusal to answer questions\n\nA person must not encourage or influence, or attempt to encourage or influence, by general direction, promise of advantage, threat of dismissal or otherwise, a worker to refuse to answer questions put to the worker by an inspector, inspection officer, authorised officer or district workers’ representative.\nMaximum penalty—40 penalty units.\nTo remove any doubt, subsection (1) does not apply to the provision of legal advice to a worker by a lawyer.\ns 247 amd 2007 No. 46 s 129\n(sec.247-ssec.1) A person must not encourage or influence, or attempt to encourage or influence, by general direction, promise of advantage, threat of dismissal or otherwise, a worker to refuse to answer questions put to the worker by an inspector, inspection officer, authorised officer or district workers’ representative. Maximum penalty—40 penalty units.\n(sec.247-ssec.2) To remove any doubt, subsection (1) does not apply to the provision of legal advice to a worker by a lawyer.","sortOrder":363},{"sectionNumber":"sec.248","sectionType":"section","heading":"Impersonating inspectors, officers or representatives","content":"### sec.248 Impersonating inspectors, officers or representatives\n\nA person must not pretend to be an inspector, inspection officer, authorised officer, site safety and health representative or district workers’ representative.\nMaximum penalty—40 penalty units.\ns 248 amd 2007 No. 46 s 130","sortOrder":364},{"sectionNumber":"sec.249","sectionType":"section","heading":"Protection for officers","content":"### sec.249 Protection for officers\n\nA person must not disadvantage an officer for exercising the officer’s powers under this Act.\nMaximum penalty—500 penalty units.\nIn this section—\nofficer means—\nan inspector; or\nan inspection officer; or\nan authorised officer; or\na district workers’ representative; or\na site safety and health representative.\ns 249 amd 2007 No. 46 s 131\n(sec.249-ssec.1) A person must not disadvantage an officer for exercising the officer’s powers under this Act. Maximum penalty—500 penalty units.\n(sec.249-ssec.2) In this section— officer means— an inspector; or an inspection officer; or an authorised officer; or a district workers’ representative; or a site safety and health representative.\n- (a) an inspector; or\n- (b) an inspection officer; or\n- (c) an authorised officer; or\n- (d) a district workers’ representative; or\n- (e) a site safety and health representative.","sortOrder":365},{"sectionNumber":"pt.15-div.2","sectionType":"division","heading":"Sentencing for offences","content":"## Sentencing for offences","sortOrder":366},{"sectionNumber":"sec.249A","sectionType":"section","heading":"Application of division","content":"### sec.249A Application of division\n\nThis division applies if a court convicts a person or finds a person guilty (the offender ) of an offence against this Act.\ns 249A ins 2024 No. 34 s 222","sortOrder":367},{"sectionNumber":"sec.249B","sectionType":"section","heading":"Orders generally","content":"### sec.249B Orders generally\n\nOne or more orders may be made under this division against the offender.\nOrders may be made under this division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.\ns 249B ins 2024 No. 34 s 222\n(sec.249B-ssec.1) One or more orders may be made under this division against the offender.\n(sec.249B-ssec.2) Orders may be made under this division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.","sortOrder":368},{"sectionNumber":"sec.249C","sectionType":"section","heading":"Adverse publicity orders","content":"### sec.249C Adverse publicity orders\n\nThe court may make an order (an adverse publicity order ), in relation to the offender, requiring the offender—\nto take either or both of the following actions within the period stated in the order—\nto publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;\nto notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\nto give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.\nThe court may make an adverse publicity order on the court’s own initiative or on the application of the person prosecuting the offence.\nIf the offender fails to give evidence to the CEO as provided under subsection (1) (b) , the CEO, or a person authorised in writing by the CEO, may take the action or actions stated in the order.\nHowever, if—\nthe offender gives evidence to the CEO as provided under subsection (1) (b) ; and\ndespite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;\nthe CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take the action or actions.\nIf the CEO, or a person authorised in writing by the CEO, takes an action or actions under subsection (3) or under an order under subsection (4) , the CEO is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in relation to the reasonable expenses of taking the action or actions as a debt due to the CEO.\ns 249C ins 2024 No. 34 s 222\n(sec.249C-ssec.1) The court may make an order (an adverse publicity order ), in relation to the offender, requiring the offender— to take either or both of the following actions within the period stated in the order— to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter; to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and to give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n(sec.249C-ssec.2) The court may make an adverse publicity order on the court’s own initiative or on the application of the person prosecuting the offence.\n(sec.249C-ssec.3) If the offender fails to give evidence to the CEO as provided under subsection (1) (b) , the CEO, or a person authorised in writing by the CEO, may take the action or actions stated in the order.\n(sec.249C-ssec.4) However, if— the offender gives evidence to the CEO as provided under subsection (1) (b) ; and despite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order; the CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take the action or actions.\n(sec.249C-ssec.5) If the CEO, or a person authorised in writing by the CEO, takes an action or actions under subsection (3) or under an order under subsection (4) , the CEO is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in relation to the reasonable expenses of taking the action or actions as a debt due to the CEO.\n- (a) to take either or both of the following actions within the period stated in the order— (i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter; (ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n- (i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;\n- (ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n- (b) to give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n- (i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;\n- (ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n- (a) the offender gives evidence to the CEO as provided under subsection (1) (b) ; and\n- (b) despite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;","sortOrder":369},{"sectionNumber":"sec.249D","sectionType":"section","heading":"Orders for restoration","content":"### sec.249D Orders for restoration\n\nThe court may make an order requiring the offender to take steps stated in the order, within the period stated in the order, to remedy a matter caused by the commission of the offence that appears to the court to be within the offender’s power to remedy.\nThe period within which an order under this section must be complied with may be extended, or further extended, by order of the court but only if an application for the extension is made before the end of the period.\ns 249D ins 2024 No. 34 s 222\n(sec.249D-ssec.1) The court may make an order requiring the offender to take steps stated in the order, within the period stated in the order, to remedy a matter caused by the commission of the offence that appears to the court to be within the offender’s power to remedy.\n(sec.249D-ssec.2) The period within which an order under this section must be complied with may be extended, or further extended, by order of the court but only if an application for the extension is made before the end of the period.","sortOrder":370},{"sectionNumber":"sec.249E","sectionType":"section","heading":"Safety and health project orders","content":"### sec.249E Safety and health project orders\n\nThe court may make an order requiring the offender to undertake a stated project for the general improvement of safety and health of persons at mines and persons who may be affected by operations within the period stated in the order.\nThe order may state conditions that must be complied with in undertaking the project.\ns 249E ins 2024 No. 34 s 222\n(sec.249E-ssec.1) The court may make an order requiring the offender to undertake a stated project for the general improvement of safety and health of persons at mines and persons who may be affected by operations within the period stated in the order.\n(sec.249E-ssec.2) The order may state conditions that must be complied with in undertaking the project.","sortOrder":371},{"sectionNumber":"sec.249F","sectionType":"section","heading":"Release on giving of court-ordered undertaking","content":"### sec.249F Release on giving of court-ordered undertaking\n\nThe court may (with or without recording a conviction) adjourn the proceeding for the offence for a period of not more than 2 years and make an order for the release of the offender on the offender giving an undertaking with stated conditions (a court-ordered undertaking ).\nA court-ordered undertaking must state the following conditions—\nthat the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned;\nthat the offender does not commit, during the period of the adjournment, any offence against this Act;\nthat the offender observes any special conditions imposed by the court.\nIn addition to the order mentioned in subsection (1) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the offender to pay to the State—\nthe costs of the proceeding; and\nthe reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.\nAn offender who has given a court-ordered undertaking under this section may be called on to appear before the court by order of the court.\nAn order under subsection (4) must be served on the offender not less than 4 days before the time stated in the order for the appearance.\nIf the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered undertaking, the court must discharge the offender without any further hearing of the proceeding.\ns 249F ins 2024 No. 34 s 222\n(sec.249F-ssec.1) The court may (with or without recording a conviction) adjourn the proceeding for the offence for a period of not more than 2 years and make an order for the release of the offender on the offender giving an undertaking with stated conditions (a court-ordered undertaking ).\n(sec.249F-ssec.2) A court-ordered undertaking must state the following conditions— that the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned; that the offender does not commit, during the period of the adjournment, any offence against this Act; that the offender observes any special conditions imposed by the court.\n(sec.249F-ssec.3) In addition to the order mentioned in subsection (1) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the offender to pay to the State— the costs of the proceeding; and the reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.\n(sec.249F-ssec.4) An offender who has given a court-ordered undertaking under this section may be called on to appear before the court by order of the court.\n(sec.249F-ssec.5) An order under subsection (4) must be served on the offender not less than 4 days before the time stated in the order for the appearance.\n(sec.249F-ssec.6) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered undertaking, the court must discharge the offender without any further hearing of the proceeding.\n- (a) that the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned;\n- (b) that the offender does not commit, during the period of the adjournment, any offence against this Act;\n- (c) that the offender observes any special conditions imposed by the court.\n- (a) the costs of the proceeding; and\n- (b) the reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.","sortOrder":372},{"sectionNumber":"sec.249G","sectionType":"section","heading":"Injunctions","content":"### sec.249G Injunctions\n\nThe court may issue an injunction requiring the offender to cease contravening this Act.\nSee also part 14A .\ns 249G ins 2024 No. 34 s 222","sortOrder":373},{"sectionNumber":"sec.249H","sectionType":"section","heading":"Training orders","content":"### sec.249H Training orders\n\nThe court may make an order requiring the offender to undertake, or arrange for 1 or more workers to undertake, a stated course of training.\ns 249H ins 2024 No. 34 s 222","sortOrder":374},{"sectionNumber":"sec.249I","sectionType":"section","heading":"Offence to fail to comply with order","content":"### sec.249I Offence to fail to comply with order\n\nA person must comply with an order under this division, unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nThis section does not apply to an order or injunction under section 249F or 249G .\ns 249I ins 2024 No. 34 s 222\n(sec.249I-ssec.1) A person must comply with an order under this division, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.249I-ssec.2) This section does not apply to an order or injunction under section 249F or 249G .","sortOrder":375},{"sectionNumber":"pt.16","sectionType":"part","heading":"General","content":"# General","sortOrder":376},{"sectionNumber":"pt.16-div.1","sectionType":"division","heading":"General safety matters","content":"## General safety matters","sortOrder":377},{"sectionNumber":"sec.250","sectionType":"section","heading":"Person must not employ underage persons underground","content":"### sec.250 Person must not employ underage persons underground\n\nA person must not employ a person under the age of 16 as an underground worker.\nMaximum penalty—100 penalty units.","sortOrder":378},{"sectionNumber":"sec.250A","sectionType":"section","heading":"Underage persons not to operate or maintain plant","content":"### sec.250A Underage persons not to operate or maintain plant\n\nThe site senior executive for a mine must not allow a person under the age of 16 to operate or maintain plant at the mine.\nMaximum penalty—100 penalty units.\ns 250A ins 2011 No. 2 s 93","sortOrder":379},{"sectionNumber":"sec.251","sectionType":"section","heading":"Workers may request information","content":"### sec.251 Workers may request information\n\nThe site senior executive must make available for inspection, by workers employed at the mine, a copy of the safety and health management system.\nMaximum penalty—100 penalty units.","sortOrder":380},{"sectionNumber":"sec.252","sectionType":"section","heading":"Action where risk is unacceptable","content":"### sec.252 Action where risk is unacceptable\n\nIf the level of risk from a hazard at a mine or an area within a mine is not within acceptable limits, a worker, if competent and able to eliminate the danger from the hazard, must take the action necessary to eliminate the danger.\nMaximum penalty—100 penalty units.\nIf the worker is not competent or able to eliminate the danger, the worker—\nif the hazard is equipment, substances or operations—must stop the use of the equipment, substances or operations; or\nif stopping the use of equipment, substances or operations does not bring risk within acceptable limits or the risk is not caused by the use of equipment, substances or operations—must withdraw from the mine or the area within the mine.\nMaximum penalty—100 penalty units.\nAlso, if the worker is not competent or able to eliminate the danger, the worker must—\ntake measures to prevent immediate danger to other workers that the worker is able reasonably to take; and\nimmediately report the situation to the worker’s supervisor.\nMaximum penalty—100 penalty units.\nIf subsection (2) (b) applies, a supervisor of workers must ensure that the workers are withdrawn from the mine or the area within the mine.\nMaximum penalty—100 penalty units.\nIf action has been taken under subsection (2) (a) , a person must not use the equipment or substances or resume operations until the risk—\nhas been assessed by a competent person; and\nhas been treated as necessary to reduce the risk to an acceptable level.\nMaximum penalty—100 penalty units.\nIf action has been taken under subsection (2) (b) , a person must not re-enter the mine or the area within the mine until the risk—\nhas been assessed by a competent person; and\nhas been treated as necessary to reduce the risk to an acceptable level.\nMaximum penalty for subsection (6) —100 penalty units.\n(sec.252-ssec.1) If the level of risk from a hazard at a mine or an area within a mine is not within acceptable limits, a worker, if competent and able to eliminate the danger from the hazard, must take the action necessary to eliminate the danger. Maximum penalty—100 penalty units.\n(sec.252-ssec.2) If the worker is not competent or able to eliminate the danger, the worker— if the hazard is equipment, substances or operations—must stop the use of the equipment, substances or operations; or if stopping the use of equipment, substances or operations does not bring risk within acceptable limits or the risk is not caused by the use of equipment, substances or operations—must withdraw from the mine or the area within the mine. Maximum penalty—100 penalty units.\n(sec.252-ssec.3) Also, if the worker is not competent or able to eliminate the danger, the worker must— take measures to prevent immediate danger to other workers that the worker is able reasonably to take; and immediately report the situation to the worker’s supervisor. Maximum penalty—100 penalty units.\n(sec.252-ssec.4) If subsection (2) (b) applies, a supervisor of workers must ensure that the workers are withdrawn from the mine or the area within the mine. Maximum penalty—100 penalty units.\n(sec.252-ssec.5) If action has been taken under subsection (2) (a) , a person must not use the equipment or substances or resume operations until the risk— has been assessed by a competent person; and has been treated as necessary to reduce the risk to an acceptable level. Maximum penalty—100 penalty units.\n(sec.252-ssec.6) If action has been taken under subsection (2) (b) , a person must not re-enter the mine or the area within the mine until the risk— has been assessed by a competent person; and has been treated as necessary to reduce the risk to an acceptable level. Maximum penalty for subsection (6) —100 penalty units.\n- (a) if the hazard is equipment, substances or operations—must stop the use of the equipment, substances or operations; or\n- (b) if stopping the use of equipment, substances or operations does not bring risk within acceptable limits or the risk is not caused by the use of equipment, substances or operations—must withdraw from the mine or the area within the mine.\n- (a) take measures to prevent immediate danger to other workers that the worker is able reasonably to take; and\n- (b) immediately report the situation to the worker’s supervisor.\n- (a) has been assessed by a competent person; and\n- (b) has been treated as necessary to reduce the risk to an acceptable level.\n- (a) has been assessed by a competent person; and\n- (b) has been treated as necessary to reduce the risk to an acceptable level.","sortOrder":381},{"sectionNumber":"sec.253","sectionType":"section","heading":"Where worker exposed to immediate personal danger","content":"### sec.253 Where worker exposed to immediate personal danger\n\nSubject to section 252 (1) and (2) , if a worker (the original worker ) reasonably believes that there is serious danger to the original worker’s safety or health, the original worker has the right—\nto remove themself to a position of safety; and\nto refuse to undertake a task allocated to the original worker that may place the worker in serious danger.\nThe operator or the operator’s representative must not disadvantage the original worker for exercising the worker’s rights under subsection (1) .\nMaximum penalty—200 penalty units.\nSubsection (4) applies if the operator or the operator’s representative subsequently asks or directs another worker (the subsequent worker ) to place themself in the position from which the original worker has removed themself, or to undertake a task that the original worker has refused to undertake.\nThe operator or the operator’s representative must advise the subsequent worker that the original worker exercised rights under subsection (1) because the original worker believed that there was a serious danger to the original worker’s safety or health.\nMaximum penalty for subsection (4) —200 penalty units.\ns 253 amd 2024 No. 34 s 223\n(sec.253-ssec.1) Subject to section 252 (1) and (2) , if a worker (the original worker ) reasonably believes that there is serious danger to the original worker’s safety or health, the original worker has the right— to remove themself to a position of safety; and to refuse to undertake a task allocated to the original worker that may place the worker in serious danger.\n(sec.253-ssec.2) The operator or the operator’s representative must not disadvantage the original worker for exercising the worker’s rights under subsection (1) . Maximum penalty—200 penalty units.\n(sec.253-ssec.3) Subsection (4) applies if the operator or the operator’s representative subsequently asks or directs another worker (the subsequent worker ) to place themself in the position from which the original worker has removed themself, or to undertake a task that the original worker has refused to undertake.\n(sec.253-ssec.4) The operator or the operator’s representative must advise the subsequent worker that the original worker exercised rights under subsection (1) because the original worker believed that there was a serious danger to the original worker’s safety or health. Maximum penalty for subsection (4) —200 penalty units.\n- (a) to remove themself to a position of safety; and\n- (b) to refuse to undertake a task allocated to the original worker that may place the worker in serious danger.","sortOrder":382},{"sectionNumber":"sec.254","sectionType":"section","heading":"Representations about safety and health matters","content":"### sec.254 Representations about safety and health matters\n\nThis section applies to a person who is—\na worker; or\nanother person with obligations under this Act; or\nan employee of a person mentioned in paragraph (b) .\nThe person may make, either personally or by a representative, a representation to an inspector or inspection officer about—\nan alleged contravention of this Act; or\na thing or practice at the mine that is, or is likely to be, dangerous.\nThe inspector or inspection officer must investigate the matter and make a written report of the investigation to the worker or the worker’s representative.\nA public service officer must not disclose the name of the person making the representation—\nexcept for a prosecution under subsection (5) ; or\nunless the person consents to the disclosure.\nThe person must not make a false or frivolous representation.\nMaximum penalty for subsection (5) —40 penalty units.\ns 254 sub 2002 No. 25 s 39\n(sec.254-ssec.1) This section applies to a person who is— a worker; or another person with obligations under this Act; or an employee of a person mentioned in paragraph (b) .\n(sec.254-ssec.2) The person may make, either personally or by a representative, a representation to an inspector or inspection officer about— an alleged contravention of this Act; or a thing or practice at the mine that is, or is likely to be, dangerous.\n(sec.254-ssec.3) The inspector or inspection officer must investigate the matter and make a written report of the investigation to the worker or the worker’s representative.\n(sec.254-ssec.4) A public service officer must not disclose the name of the person making the representation— except for a prosecution under subsection (5) ; or unless the person consents to the disclosure.\n(sec.254-ssec.5) The person must not make a false or frivolous representation. Maximum penalty for subsection (5) —40 penalty units.\n- (a) a worker; or\n- (b) another person with obligations under this Act; or\n- (c) an employee of a person mentioned in paragraph (b) .\n- (a) an alleged contravention of this Act; or\n- (b) a thing or practice at the mine that is, or is likely to be, dangerous.\n- (a) except for a prosecution under subsection (5) ; or\n- (b) unless the person consents to the disclosure.","sortOrder":383},{"sectionNumber":"sec.254A","sectionType":"section","heading":"Protection from reprisal","content":"### sec.254A Protection from reprisal\n\nA person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person—\nhas made a complaint, or in any other way has raised, a mine safety issue; or\nhas contacted or given help to an official in relation to a mine safety issue.\nMaximum penalty—1,000 penalty units.\nAn attempt to cause detriment includes an attempt to induce a person to cause detriment.\nA contravention of subsection (1) is a reprisal or the taking of a reprisal.\nA ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\nFor the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\nThis section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010 , chapter 4 , part 1 in relation to reprisals.\nIn this section—\ndetriment includes—\npersonal injury or prejudice to safety; and\nproperty damage or loss; and\nintimidation or harassment; and\nadverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and\nfinancial loss; and\ndamage to reputation, including, for example, personal, professional or business reputation.\nmine safety issue means an issue about the safety or health of a person or persons while at a mine or as a result of mining operations.\ns 254A ins 2009 No. 16 s 67\namd 2010 No. 38 s 78 sch 3 ; 2020 No. 14 s 161A ; 2024 No. 34 s 224\n(sec.254A-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person— has made a complaint, or in any other way has raised, a mine safety issue; or has contacted or given help to an official in relation to a mine safety issue. Maximum penalty—1,000 penalty units.\n(sec.254A-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.254A-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.\n(sec.254A-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\n(sec.254A-ssec.5) For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\n(sec.254A-ssec.6) This section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010 , chapter 4 , part 1 in relation to reprisals.\n(sec.254A-ssec.7) In this section— detriment includes— personal injury or prejudice to safety; and property damage or loss; and intimidation or harassment; and adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and financial loss; and damage to reputation, including, for example, personal, professional or business reputation. mine safety issue means an issue about the safety or health of a person or persons while at a mine or as a result of mining operations.\n- (a) has made a complaint, or in any other way has raised, a mine safety issue; or\n- (b) has contacted or given help to an official in relation to a mine safety issue.\n- (a) personal injury or prejudice to safety; and\n- (b) property damage or loss; and\n- (c) intimidation or harassment; and\n- (d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and\n- (e) financial loss; and\n- (f) damage to reputation, including, for example, personal, professional or business reputation.","sortOrder":384},{"sectionNumber":"sec.254B","sectionType":"section","heading":"Damages entitlement for reprisal","content":"### sec.254B Damages entitlement for reprisal\n\nA reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.\nAny appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\nIf the claim for the damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.\ns 254B ins 2009 No. 16 s 67\n(sec.254B-ssec.1) A reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.\n(sec.254B-ssec.2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\n(sec.254B-ssec.3) If the claim for the damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.","sortOrder":385},{"sectionNumber":"pt.16-div.2","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":386},{"sectionNumber":"sec.254C","sectionType":"section","heading":"Publication of information","content":"### sec.254C Publication of information\n\nThe Minister, CEO or chief inspector may publish information about any of the following matters—\nthe commission of offences against this Act and persons who commit the offences;\ninvestigations conducted under this Act about accidents or high potential incidents at a mine;\naction taken by inspectors, inspection officers, authorised officers or the CEO to enforce the Act ;\nthe cancellation or suspension of a certificate of competency or site senior executive notice under section 182 (2) or part 10A ;\nany incident or other matter that may be relevant to persons seeking to comply with their safety and health obligations.\nAlso, the Minister, CEO or chief inspector may publish any of the following information about serious accidents or high potential incidents—\nthe total number of accidents or incidents that happened in a particular period;\na description of an accident or incident, including, for example, where and when an accident or incident happened;\nthe name of a mine at which an accident or incident happened;\nthe operator of a mine at which an accident or incident happened;\nthe injuries or deaths that occurred in an accident or incident;\nany other information about the accident or incident the Minister, CEO or chief inspector considers appropriate.\nThe Minister, CEO or chief inspector must not publish information under this section unless satisfied that it is in the public interest to do so.\nNo liability is incurred by the State or any other person for the publication of, or for anything done for the purpose of publishing, information under this section in good faith.\nSubsection (4) applies despite section 256 .\nIn this section—\nliability includes liability in defamation.\ns 254C ins 2011 No. 2 s 94\namd 2018 No. 28 s 88 ; 2020 No. 10 s 115 ; 2024 No. 34 s 225\n(sec.254C-ssec.1) The Minister, CEO or chief inspector may publish information about any of the following matters— the commission of offences against this Act and persons who commit the offences; investigations conducted under this Act about accidents or high potential incidents at a mine; action taken by inspectors, inspection officers, authorised officers or the CEO to enforce the Act ; the cancellation or suspension of a certificate of competency or site senior executive notice under section 182 (2) or part 10A ; any incident or other matter that may be relevant to persons seeking to comply with their safety and health obligations.\n(sec.254C-ssec.2) Also, the Minister, CEO or chief inspector may publish any of the following information about serious accidents or high potential incidents— the total number of accidents or incidents that happened in a particular period; a description of an accident or incident, including, for example, where and when an accident or incident happened; the name of a mine at which an accident or incident happened; the operator of a mine at which an accident or incident happened; the injuries or deaths that occurred in an accident or incident; any other information about the accident or incident the Minister, CEO or chief inspector considers appropriate.\n(sec.254C-ssec.3) The Minister, CEO or chief inspector must not publish information under this section unless satisfied that it is in the public interest to do so.\n(sec.254C-ssec.4) No liability is incurred by the State or any other person for the publication of, or for anything done for the purpose of publishing, information under this section in good faith.\n(sec.254C-ssec.5) Subsection (4) applies despite section 256 .\n(sec.254C-ssec.6) In this section— liability includes liability in defamation.\n- (a) the commission of offences against this Act and persons who commit the offences;\n- (b) investigations conducted under this Act about accidents or high potential incidents at a mine;\n- (c) action taken by inspectors, inspection officers, authorised officers or the CEO to enforce the Act ;\n- (d) the cancellation or suspension of a certificate of competency or site senior executive notice under section 182 (2) or part 10A ;\n- (e) any incident or other matter that may be relevant to persons seeking to comply with their safety and health obligations.\n- (a) the total number of accidents or incidents that happened in a particular period;\n- (b) a description of an accident or incident, including, for example, where and when an accident or incident happened;\n- (c) the name of a mine at which an accident or incident happened;\n- (d) the operator of a mine at which an accident or incident happened;\n- (e) the injuries or deaths that occurred in an accident or incident;\n- (f) any other information about the accident or incident the Minister, CEO or chief inspector considers appropriate.","sortOrder":387},{"sectionNumber":"sec.255","sectionType":"section","heading":"Disclosure of information","content":"### sec.255 Disclosure of information\n\nA person must not disclose information concerning the personal affairs of a person or commercially sensitive information obtained by the person in the administration of this Act, unless the disclosure is made—\nwith the consent of the person from whom the information was obtained; or\nin the administration of this Act; or\nin a proceeding under this Act or a report of the proceeding; or\nin a proceeding before a court in which the information is relevant to the issue before the court; or\nin information published under section 254C .\nMaximum penalty—100 penalty units.\nHowever, the chief inspector may communicate anything that comes to the chief inspector’s knowledge under this Act to an officer or authority responsible for administering a law of Queensland, the Commonwealth or another State about safety and health.\nDespite subsection (1) , the chief inspector or CEO may disclose to the Regulator or WorkCover, under the Workers’ Compensation and Rehabilitation Act 2003 , any information the chief inspector or CEO has that relates to any matter under that Act.\nThis section does not limit the Right to Information Act 2009 .\ns 255 amd 2009 No. 13 s 213 sch 5 ; 2011 No. 2 s 95 ; 2018 No. 28 s 89 ; 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 226 ; 2023 No. 32 s 141 s ch 1 pt 2\n(sec.255-ssec.1) A person must not disclose information concerning the personal affairs of a person or commercially sensitive information obtained by the person in the administration of this Act, unless the disclosure is made— with the consent of the person from whom the information was obtained; or in the administration of this Act; or in a proceeding under this Act or a report of the proceeding; or in a proceeding before a court in which the information is relevant to the issue before the court; or in information published under section 254C . Maximum penalty—100 penalty units.\n(sec.255-ssec.2) However, the chief inspector may communicate anything that comes to the chief inspector’s knowledge under this Act to an officer or authority responsible for administering a law of Queensland, the Commonwealth or another State about safety and health.\n(sec.255-ssec.3) Despite subsection (1) , the chief inspector or CEO may disclose to the Regulator or WorkCover, under the Workers’ Compensation and Rehabilitation Act 2003 , any information the chief inspector or CEO has that relates to any matter under that Act.\n(sec.255-ssec.4) This section does not limit the Right to Information Act 2009 .\n- (a) with the consent of the person from whom the information was obtained; or\n- (b) in the administration of this Act; or\n- (c) in a proceeding under this Act or a report of the proceeding; or\n- (d) in a proceeding before a court in which the information is relevant to the issue before the court; or\n- (e) in information published under section 254C .","sortOrder":388},{"sectionNumber":"sec.256","sectionType":"section","heading":"Protection from liability","content":"### sec.256 Protection from liability\n\nAn official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\ngiving information or advice\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\ns 256 amd 2005 No. 68 s 124 ; 2007 No. 46 s 132 ; 2009 No. 16 s 68\n(sec.256-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. giving information or advice\n(sec.256-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.","sortOrder":389},{"sectionNumber":"pt.17","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":390},{"sectionNumber":"sec.257","sectionType":"section","heading":"Delegation by Minister or CEO","content":"### sec.257 Delegation by Minister or CEO\n\nThe Minister or CEO (the person ) may delegate the person’s functions under this Act to an appropriately qualified person.\nIn this section—\nfunctions includes powers.\ns 257 sub 2020 No. 10 s 116\n(sec.257-ssec.1) The Minister or CEO (the person ) may delegate the person’s functions under this Act to an appropriately qualified person.\n(sec.257-ssec.2) In this section— functions includes powers.","sortOrder":391},{"sectionNumber":"sec.258","sectionType":"section","heading":"Delegation of chief inspector’s powers","content":"### sec.258 Delegation of chief inspector’s powers\n\nThe chief inspector may delegate any of the chief inspector’s powers to an inspector.\nHowever, the chief inspector may delegate a power to an inspector only if the chief inspector is satisfied the inspector has the expertise and experience to properly exercise the power.\nAlso, the chief inspector must not delegate to an inspector the power to review an inspector’s directive under section 174 .\n(sec.258-ssec.1) The chief inspector may delegate any of the chief inspector’s powers to an inspector.\n(sec.258-ssec.2) However, the chief inspector may delegate a power to an inspector only if the chief inspector is satisfied the inspector has the expertise and experience to properly exercise the power.\n(sec.258-ssec.3) Also, the chief inspector must not delegate to an inspector the power to review an inspector’s directive under section 174 .","sortOrder":392},{"sectionNumber":"sec.259","sectionType":"section","heading":"Notices about industry statistics or information","content":"### sec.259 Notices about industry statistics or information\n\nThe CEO may, by notice, require a person to keep and give the CEO statistics or other information in the person’s custody, possession or power about the mining industry.\nthe keeping and giving of records of production, disposal, sales and employment numbers\nthe compilation and giving of statistics, returns and other information, including about attendance and absenteeism for work at mines\nthat the records, statistics, returns or other information must be in an approved form\nThe CEO may, by notice, amend a notice.\nThe person must comply with the notice, unless the person has a reasonable excuse for not complying.\nMaximum penalty—40 penalty units.\nThe CEO may—\nuse the information to produce statistics and other data; and\npublish the statistics and other data produced under paragraph (a) .\ns 259 amd 2008 No. 56 s 80 ; 2020 No. 10 s 139 sch 2\n(sec.259-ssec.1) The CEO may, by notice, require a person to keep and give the CEO statistics or other information in the person’s custody, possession or power about the mining industry. the keeping and giving of records of production, disposal, sales and employment numbers the compilation and giving of statistics, returns and other information, including about attendance and absenteeism for work at mines that the records, statistics, returns or other information must be in an approved form\n(sec.259-ssec.2) The CEO may, by notice, amend a notice.\n(sec.259-ssec.3) The person must comply with the notice, unless the person has a reasonable excuse for not complying. Maximum penalty—40 penalty units.\n(sec.259-ssec.4) The CEO may— use the information to produce statistics and other data; and publish the statistics and other data produced under paragraph (a) .\n- 1 the keeping and giving of records of production, disposal, sales and employment numbers\n- 2 the compilation and giving of statistics, returns and other information, including about attendance and absenteeism for work at mines\n- 3 that the records, statistics, returns or other information must be in an approved form\n- (a) use the information to produce statistics and other data; and\n- (b) publish the statistics and other data produced under paragraph (a) .","sortOrder":393},{"sectionNumber":"sec.260","sectionType":"section","heading":"CEO to keep records","content":"### sec.260 CEO to keep records\n\nThe CEO must keep and maintain records that include—\na database of information about serious accidents and high potential incidents; and\nplans showing the extent of operations undertaken at abandoned mines; and\ncurrent guidelines.\nThe CEO may give a person access to the records.\ns 260 amd 2011 No. 2 s 96 ; 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 227\n(sec.260-ssec.1) The CEO must keep and maintain records that include— a database of information about serious accidents and high potential incidents; and plans showing the extent of operations undertaken at abandoned mines; and current guidelines.\n(sec.260-ssec.2) The CEO may give a person access to the records.\n- (a) a database of information about serious accidents and high potential incidents; and\n- (b) plans showing the extent of operations undertaken at abandoned mines; and\n- (c) current guidelines.","sortOrder":394},{"sectionNumber":"sec.261","sectionType":"section","heading":"Approved forms","content":"### sec.261 Approved forms\n\nThe chief inspector and the CEO may approve forms for use under this Act.\ns 261 amd 2024 No. 34 s 228","sortOrder":395},{"sectionNumber":"pt.18","sectionType":"part","heading":"Regulations","content":"# Regulations","sortOrder":396},{"sectionNumber":"sec.262","sectionType":"section","heading":"Regulation-making power","content":"### sec.262 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may be made about the following—\nrisk management practices including criteria to be used in assessing whether risk is at an acceptable level;\nsafety and health management systems;\nconditions in the work and local environments, the monitoring of those environments, and the use of personal protective equipment where limits are exceeded;\nprocesses and methods of operation;\ndesign and layout of facilities;\nthe use, production and disposal of material;\nthe design, use and maintenance of plant, equipment and tools;\nprocedures and standard work instructions;\nthe competency, fitness and monitoring of persons and the monitoring of their work, including requirements for holders of certificates of competency or site senior executive notices to undertake continuing professional development decided by the board of examiners;\nmatters relating to board qualifications;\nthe monitoring, reporting, recording and investigation of injuries, illnesses and other effects on persons, and other incidents and situations with the potential to cause harm;\nprovisions for handling emergencies;\nthe gathering, recording, analysis, flow, and use of safety and health data and information;\nthe health of persons who are, will be or have been employed as workers, including about—\nthe appointment, qualifications and removal of doctors and other health practitioners for mines; and\npre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and\nthe ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and\nreciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments.\nWithout limiting subsection (1) , a regulation may specify requirements for the following—\nnotifications, returns, and other information to be provided by the site senior executive to the inspectorate;\nprotection of confidentiality of personally and commercially sensitive information;\nthe methods of keeping records and their availability;\nproceedings of the committee;\nthe qualifications and experience of inspectors, inspection officers, authorised officers, site safety and health representatives and district workers’ representatives.\nWithout limiting subsection (1) , a regulation may set fees payable under this Act.\nWithout limiting subsection (1) or (4) , a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for operations.\nWithout limiting subsection (5) , a regulation may provide for any of the following—\nthe types of activities for which fees may be charged and recovered;\nthe fees to be charged;\nthe way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation;\nwho must pay the fees;\nhow, when, where, and to whom, the fees must be paid;\nthe calculation of interest payable on unpaid fees;\nthe information that must be provided by the persons who must pay the fees;\nhow, when, where, and to whom, the information is to be provided;\ninvestigations by authorised officers to obtain and check the information.\nA regulation may create offences and prescribe penalties of not more than 400 penalty units for offences against the regulation.\ns 262 amd 2007 No. 46 s 133 ; 2008 No. 43 s 10 ; 2010 No. 17 s 60 sch ; 2014 No. 40 s 154 sch 1 pt 4 ; 2018 No. 28 s 90 ; 2020 No. 10 s 117 ; 2024 No. 34 s 229\n(sec.262-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.262-ssec.2) Without limiting subsection (1) , a regulation may be made about the following— risk management practices including criteria to be used in assessing whether risk is at an acceptable level; safety and health management systems; conditions in the work and local environments, the monitoring of those environments, and the use of personal protective equipment where limits are exceeded; processes and methods of operation; design and layout of facilities; the use, production and disposal of material; the design, use and maintenance of plant, equipment and tools; procedures and standard work instructions; the competency, fitness and monitoring of persons and the monitoring of their work, including requirements for holders of certificates of competency or site senior executive notices to undertake continuing professional development decided by the board of examiners; matters relating to board qualifications; the monitoring, reporting, recording and investigation of injuries, illnesses and other effects on persons, and other incidents and situations with the potential to cause harm; provisions for handling emergencies; the gathering, recording, analysis, flow, and use of safety and health data and information; the health of persons who are, will be or have been employed as workers, including about— the appointment, qualifications and removal of doctors and other health practitioners for mines; and pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and reciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments.\n(sec.262-ssec.3) Without limiting subsection (1) , a regulation may specify requirements for the following— notifications, returns, and other information to be provided by the site senior executive to the inspectorate; protection of confidentiality of personally and commercially sensitive information; the methods of keeping records and their availability; proceedings of the committee; the qualifications and experience of inspectors, inspection officers, authorised officers, site safety and health representatives and district workers’ representatives.\n(sec.262-ssec.4) Without limiting subsection (1) , a regulation may set fees payable under this Act.\n(sec.262-ssec.5) Without limiting subsection (1) or (4) , a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for operations.\n(sec.262-ssec.6) Without limiting subsection (5) , a regulation may provide for any of the following— the types of activities for which fees may be charged and recovered; the fees to be charged; the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation; who must pay the fees; how, when, where, and to whom, the fees must be paid; the calculation of interest payable on unpaid fees; the information that must be provided by the persons who must pay the fees; how, when, where, and to whom, the information is to be provided; investigations by authorised officers to obtain and check the information.\n(sec.262-ssec.7) A regulation may create offences and prescribe penalties of not more than 400 penalty units for offences against the regulation.\n- (a) risk management practices including criteria to be used in assessing whether risk is at an acceptable level;\n- (b) safety and health management systems;\n- (c) conditions in the work and local environments, the monitoring of those environments, and the use of personal protective equipment where limits are exceeded;\n- (d) processes and methods of operation;\n- (e) design and layout of facilities;\n- (f) the use, production and disposal of material;\n- (g) the design, use and maintenance of plant, equipment and tools;\n- (h) procedures and standard work instructions;\n- (i) the competency, fitness and monitoring of persons and the monitoring of their work, including requirements for holders of certificates of competency or site senior executive notices to undertake continuing professional development decided by the board of examiners;\n- (j) matters relating to board qualifications;\n- (k) the monitoring, reporting, recording and investigation of injuries, illnesses and other effects on persons, and other incidents and situations with the potential to cause harm;\n- (l) provisions for handling emergencies;\n- (m) the gathering, recording, analysis, flow, and use of safety and health data and information;\n- (n) the health of persons who are, will be or have been employed as workers, including about— (i) the appointment, qualifications and removal of doctors and other health practitioners for mines; and (ii) pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and (iii) the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and (iv) reciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments.\n- (i) the appointment, qualifications and removal of doctors and other health practitioners for mines; and\n- (ii) pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and\n- (iii) the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and\n- (iv) reciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments.\n- (i) the appointment, qualifications and removal of doctors and other health practitioners for mines; and\n- (ii) pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and\n- (iii) the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and\n- (iv) reciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments.\n- (a) notifications, returns, and other information to be provided by the site senior executive to the inspectorate;\n- (b) protection of confidentiality of personally and commercially sensitive information;\n- (c) the methods of keeping records and their availability;\n- (d) proceedings of the committee;\n- (e) the qualifications and experience of inspectors, inspection officers, authorised officers, site safety and health representatives and district workers’ representatives.\n- (a) the types of activities for which fees may be charged and recovered;\n- (b) the fees to be charged;\n- (c) the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation;\n- (d) who must pay the fees;\n- (e) how, when, where, and to whom, the fees must be paid;\n- (f) the calculation of interest payable on unpaid fees;\n- (g) the information that must be provided by the persons who must pay the fees;\n- (h) how, when, where, and to whom, the information is to be provided;\n- (i) investigations by authorised officers to obtain and check the information.","sortOrder":397},{"sectionNumber":"pt.19","sectionType":"part","heading":"Transitional and repeal provisions for Act No. 40 of 1999","content":"# Transitional and repeal provisions for Act No. 40 of 1999","sortOrder":398},{"sectionNumber":"pt.19-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":399},{"sectionNumber":"sec.263","sectionType":"section","heading":"Definitions for pt 19","content":"### sec.263 Definitions for pt 19\n\nIn this part—\ncommencement means the commencement of this section.\nformer Act means the Mines Regulation Act 1964 .","sortOrder":400},{"sectionNumber":"pt.19-div.2","sectionType":"division","heading":"Transitional matters","content":"## Transitional matters","sortOrder":401},{"sectionNumber":"sec.264","sectionType":"section","heading":"Existing certificates of competency","content":"### sec.264 Existing certificates of competency\n\nIf a certificate of competency issued by the board of examiners under the former Act and in force at the commencement is mentioned in this Act, it is taken to be a certificate of competency granted under this Act.","sortOrder":402},{"sectionNumber":"sec.265","sectionType":"section","heading":"Approvals by inspector","content":"### sec.265 Approvals by inspector\n\nIf an approval of the chief inspector or an inspector for a stated use for stated plant is in force under the former Act at the commencement, and a certificate by a testing authority is required under this Act for the stated use for the stated plant, the approval of the chief inspector or inspector is taken to be a certificate given under this Act.","sortOrder":403},{"sectionNumber":"sec.266","sectionType":"section","heading":"Board of examiners","content":"### sec.266 Board of examiners\n\nThe board of examiners established under the former Act is taken to be the board of examiners under this Act for 6 months after the commencement.\nA person who immediately before the commencement was a member of the board of examiners continues to be a member for 6 months after the commencement.\nTo remove doubt, for this Act, the board of examiners has only the functions and powers set out in this Act.\n(sec.266-ssec.1) The board of examiners established under the former Act is taken to be the board of examiners under this Act for 6 months after the commencement.\n(sec.266-ssec.2) A person who immediately before the commencement was a member of the board of examiners continues to be a member for 6 months after the commencement.\n(sec.266-ssec.3) To remove doubt, for this Act, the board of examiners has only the functions and powers set out in this Act.","sortOrder":404},{"sectionNumber":"sec.267","sectionType":"section","heading":"Existing chief inspector to be chief inspector","content":"### sec.267 Existing chief inspector to be chief inspector\n\nA person who, immediately before the commencement, was the chief inspector of mines under the former Act, is taken to be appointed as the chief inspector under this Act.","sortOrder":405},{"sectionNumber":"sec.268","sectionType":"section","heading":"Existing inspector to be inspector","content":"### sec.268 Existing inspector to be inspector\n\nA person who, immediately before the commencement, was an inspector under the former Act is taken to be appointed as an inspector under this Act.","sortOrder":406},{"sectionNumber":"sec.269","sectionType":"section","heading":"Existing inspection officer to be inspection officer","content":"### sec.269 Existing inspection officer to be inspection officer\n\nA person who, immediately before the commencement, was an inspection officer under the former Act is taken to be appointed as an inspection officer under this Act.","sortOrder":407},{"sectionNumber":"sec.270","sectionType":"section","heading":"Existing district workers’ representative","content":"### sec.270 Existing district workers’ representative\n\nA person who, immediately before the commencement, held an appointment as a district workers’ representative under the former Act is taken to be appointed as a district workers’ representative under this Act until the day the person’s appointment under the former Act would have ended.","sortOrder":408},{"sectionNumber":"sec.271","sectionType":"section","heading":"Mine record book taken to be mine record","content":"### sec.271 Mine record book taken to be mine record\n\nThe mine record book under the former Act is taken to be the mine record under this Act.","sortOrder":409},{"sectionNumber":"sec.272","sectionType":"section","heading":"Warden may finish inquiry into accident","content":"### sec.272 Warden may finish inquiry into accident\n\nIf a warden has started an inquiry into an accident under the former Act and the inquiry has not been finished at the commencement, the warden may finish the inquiry under the former Act as if it had not been repealed.\nIn this section—\nwarden means a warden under the Mineral Resources Act 1989 .\n(sec.272-ssec.1) If a warden has started an inquiry into an accident under the former Act and the inquiry has not been finished at the commencement, the warden may finish the inquiry under the former Act as if it had not been repealed.\n(sec.272-ssec.2) In this section— warden means a warden under the Mineral Resources Act 1989 .","sortOrder":410},{"sectionNumber":"pt.19-div.3","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":411},{"sectionNumber":"sec.273","sectionType":"section","heading":"Repeal","content":"### sec.273 Repeal\n\nThe Mines Regulation Act 1964 is repealed.","sortOrder":412},{"sectionNumber":"pt.20","sectionType":"part","heading":"Other transitional and validation provisions","content":"# Other transitional and validation provisions","sortOrder":413},{"sectionNumber":"pt.20-div.1","sectionType":"division","heading":"Transitional provisions for Mines and Energy Legislation Amendment Act 2011","content":"## Transitional provisions for Mines and Energy Legislation Amendment Act 2011","sortOrder":414},{"sectionNumber":"sec.274","sectionType":"section","heading":"Definitions for div 1","content":"### sec.274 Definitions for div 1\n\nIn this division—\ncommencement means the day this section commences.\nformer board means the board of examiners established under previous section 181.\nmining safety and health advisory committee means the mining safety and health advisory committee under section 66.\nmining safety and health advisory council means the mining safety and health advisory council established under previous section 66.\nprevious , in relation to a stated provision that includes a number, means the provision as in force immediately before the commencement.\ns 274 ins 2010 No. 17 s 73\namd 2011 No. 2 s 98","sortOrder":415},{"sectionNumber":"sec.275","sectionType":"section","heading":"Existing certificates of competency","content":"### sec.275 Existing certificates of competency\n\nA certificate of competency granted by the former board under previous section 182 and in force at the commencement is taken to be a certificate of competency granted by the board of examiners.\ns 275 ins 2010 No. 17 s 73","sortOrder":416},{"sectionNumber":"sec.276","sectionType":"section","heading":"Existing decisions and assessments of the former board","content":"### sec.276 Existing decisions and assessments of the former board\n\nA decision or assessment made by the former board, and in force or effect immediately before the commencement, is taken to be a decision or assessment made by the board of examiners.\ns 276 ins 2010 No. 17 s 73","sortOrder":417},{"sectionNumber":"sec.277","sectionType":"section","heading":"References to mining safety and health advisory council","content":"### sec.277 References to mining safety and health advisory council\n\nFrom the commencement, a reference in an Act or document to the mining safety and health advisory council is, if the context permits, taken to be a reference to the mining safety and health advisory committee.\ns 277 ins 2010 No. 17 s 73","sortOrder":418},{"sectionNumber":"sec.278","sectionType":"section","heading":"Continuation of mining safety and health advisory council and appointment of members","content":"### sec.278 Continuation of mining safety and health advisory council and appointment of members\n\nOn the commencement, the mining safety and health advisory council continues as the mining safety and health advisory committee.\nSubsection (3) applies to a person who, immediately before the commencement, is a member of the mining safety and health advisory council.\nOn the commencement, the person is taken to be a member of the mining safety and health advisory committee.\ns 278 ins 2010 No. 17 s 73\n(sec.278-ssec.1) On the commencement, the mining safety and health advisory council continues as the mining safety and health advisory committee.\n(sec.278-ssec.2) Subsection (3) applies to a person who, immediately before the commencement, is a member of the mining safety and health advisory council.\n(sec.278-ssec.3) On the commencement, the person is taken to be a member of the mining safety and health advisory committee.","sortOrder":419},{"sectionNumber":"pt.20-div.2","sectionType":"division","heading":"Transitional provision for Mines and Energy Legislation Amendment Act 2011","content":"## Transitional provision for Mines and Energy Legislation Amendment Act 2011","sortOrder":420},{"sectionNumber":"sec.279","sectionType":"section","heading":"Application of appeal costs provision to undecided appeals","content":"### sec.279 Application of appeal costs provision to undecided appeals\n\nThe appeal costs provision applies to any appeal under part 13 started, but not decided, before the commencement of this section.\nIn this section—\nappeal costs provision means section 228(3) as amended under the Mines and Energy Legislation Amendment Act 2011 .\ns 279 ins 2011 No. 2 s 99\n(sec.279-ssec.1) The appeal costs provision applies to any appeal under part 13 started, but not decided, before the commencement of this section.\n(sec.279-ssec.2) In this section— appeal costs provision means section 228(3) as amended under the Mines and Energy Legislation Amendment Act 2011 .","sortOrder":421},{"sectionNumber":"pt.20-div.3","sectionType":"division","heading":"Transitional and validation provision for Water Reform and Other Legislation Amendment Act 2014","content":"## Transitional and validation provision for Water Reform and Other Legislation Amendment Act 2014","sortOrder":422},{"sectionNumber":"sec.280","sectionType":"section","heading":"Return of seized things","content":"### sec.280 Return of seized things\n\nNew section 146 applies in relation to a thing seized under part 9 before the commencement that, on the commencement, is still seized.\nIf, at any time before the commencement, a thing seized under part 9 was not returned to its owner within the time required under old section 146—\nthe retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 146; and\nthe State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 146.\nSubsection (2) applies for all purposes including a legal proceeding started before the commencement.\nIn this section—\nnew section 146 means section 146 as in force from the commencement.\nold section 146 means section 146 as in force from time to time before the commencement.\ns 280 ins 2014 No. 64 s 217A\n(sec.280-ssec.1) New section 146 applies in relation to a thing seized under part 9 before the commencement that, on the commencement, is still seized.\n(sec.280-ssec.2) If, at any time before the commencement, a thing seized under part 9 was not returned to its owner within the time required under old section 146— the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 146; and the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 146.\n(sec.280-ssec.3) Subsection (2) applies for all purposes including a legal proceeding started before the commencement.\n(sec.280-ssec.4) In this section— new section 146 means section 146 as in force from the commencement. old section 146 means section 146 as in force from time to time before the commencement.\n- (a) the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 146; and\n- (b) the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 146.","sortOrder":423},{"sectionNumber":"pt.20-div.4","sectionType":"division","heading":"Validation provision for Land and Other Legislation Amendment Act 2017","content":"## Validation provision for Land and Other Legislation Amendment Act 2017","sortOrder":424},{"sectionNumber":"sec.281","sectionType":"section","heading":"Validation of particular appointments","content":"### sec.281 Validation of particular appointments\n\nThis section applies if, before the commencement, an officer or employee of the public service was purportedly appointed to any of the following offices (each a relevant office )—\nan inspector or inspection officer under section 122(1);\nfor an inspector—the chief inspector of mines under section 122(2);\nan authorised officer under section 126A.\nThe person is declared to always have been validly appointed to the relevant office.\nAnything done or omitted to be done by the person that would have been valid and lawful under this Act had the person been validly appointed to the relevant office is taken to be, and always to have been, valid and lawful.\nWithout limiting subsection (3), it is declared that evidence obtained by the person in the purported exercise of a power under this Act is taken to be, and always to have been, lawfully obtained.\ns 281 ins 2017 No. 10 s 41F\n(sec.281-ssec.1) This section applies if, before the commencement, an officer or employee of the public service was purportedly appointed to any of the following offices (each a relevant office )— an inspector or inspection officer under section 122(1); for an inspector—the chief inspector of mines under section 122(2); an authorised officer under section 126A.\n(sec.281-ssec.2) The person is declared to always have been validly appointed to the relevant office.\n(sec.281-ssec.3) Anything done or omitted to be done by the person that would have been valid and lawful under this Act had the person been validly appointed to the relevant office is taken to be, and always to have been, valid and lawful.\n(sec.281-ssec.4) Without limiting subsection (3), it is declared that evidence obtained by the person in the purported exercise of a power under this Act is taken to be, and always to have been, lawfully obtained.\n- (a) an inspector or inspection officer under section 122(1);\n- (b) for an inspector—the chief inspector of mines under section 122(2);\n- (c) an authorised officer under section 126A.","sortOrder":425},{"sectionNumber":"pt.20-div.5","sectionType":"division","heading":"Transitional provisions for Mines Legislation (Resources Safety) Amendment Act 2018","content":"## Transitional provisions for Mines Legislation (Resources Safety) Amendment Act 2018","sortOrder":426},{"sectionNumber":"sec.282","sectionType":"section","heading":"Definition for division","content":"### sec.282 Definition for division\n\nIn this division—\namended , in relation to a provision of this Act, means the provision as amended or inserted by the Mines Legislation (Resources Safety) Amendment Act 2018 .\ns 282 ins 2018 No. 28 s 91","sortOrder":427},{"sectionNumber":"sec.283","sectionType":"section","heading":"Appointment of site senior executives during 1-year transitional period","content":"### sec.283 Appointment of site senior executives during 1-year transitional period\n\nThis section applies to the appointment of the site senior executive for a mine.\nDuring the period starting on the commencement and ending 1 year after the commencement, amended section 49(4) does not apply to the appointment.\nThe chief inspector may extend the 1-year period mentioned in subsection (2) in relation to the appointment for a stated mine for a further period of not more than 1 year if satisfied there are exceptional circumstances.\ns 283 ins 2018 No. 28 s 91\n(sec.283-ssec.1) This section applies to the appointment of the site senior executive for a mine.\n(sec.283-ssec.2) During the period starting on the commencement and ending 1 year after the commencement, amended section 49(4) does not apply to the appointment.\n(sec.283-ssec.3) The chief inspector may extend the 1-year period mentioned in subsection (2) in relation to the appointment for a stated mine for a further period of not more than 1 year if satisfied there are exceptional circumstances.","sortOrder":428},{"sectionNumber":"sec.284","sectionType":"section","heading":"Appointment of ventilation officers for underground mines during 3-year transitional period","content":"### sec.284 Appointment of ventilation officers for underground mines during 3-year transitional period\n\nThis section applies to the appointment of the ventilation officer, or acting ventilation officer, for an underground mine.\nDuring the period starting on the commencement and ending 3 years after the commencement, amended section 54A(3) or 54B(6) does not apply to the appointment.\ns 284 ins 2018 No. 28 s 91\n(sec.284-ssec.1) This section applies to the appointment of the ventilation officer, or acting ventilation officer, for an underground mine.\n(sec.284-ssec.2) During the period starting on the commencement and ending 3 years after the commencement, amended section 54A(3) or 54B(6) does not apply to the appointment.","sortOrder":429},{"sectionNumber":"sec.285","sectionType":"section","heading":"Continuation of exemptions for particular opal or gem mines for 3-year transitional period","content":"### sec.285 Continuation of exemptions for particular opal or gem mines for 3-year transitional period\n\nThis section applies to an opal or gem mine if—\nmore than 4, but not more than 10, workers are employed at the mine; and\nimmediately before the commencement, the mine was not required to have a safety and health management system.\nDuring the period starting on the commencement and ending 3 years after the commencement—\npre-amended sections 38(3) and 39(2) and (3) continue to apply in relation to the mine; and\namended section 40(1)(b), (d) and (e)(i) does not apply to a contractor at the mine if the mine is not required to have a safety and health management system; and\namended section 44(1)(b), (f)(ii) and (iii) and (g)(i) does not apply to a service provider at the mine if the mine is not required to have a safety and health management system.\nFor subsection (2)(a), pre-amended section 39(2) and (3) applies as if the reference to section 39(1)(c) were a reference to section 39(1)(c) to (f) and (h)(i).\nIn this section—\npre-amended , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\ns 285 ins 2018 No. 28 s 91\n(sec.285-ssec.1) This section applies to an opal or gem mine if— more than 4, but not more than 10, workers are employed at the mine; and immediately before the commencement, the mine was not required to have a safety and health management system.\n(sec.285-ssec.2) During the period starting on the commencement and ending 3 years after the commencement— pre-amended sections 38(3) and 39(2) and (3) continue to apply in relation to the mine; and amended section 40(1)(b), (d) and (e)(i) does not apply to a contractor at the mine if the mine is not required to have a safety and health management system; and amended section 44(1)(b), (f)(ii) and (iii) and (g)(i) does not apply to a service provider at the mine if the mine is not required to have a safety and health management system.\n(sec.285-ssec.3) For subsection (2)(a), pre-amended section 39(2) and (3) applies as if the reference to section 39(1)(c) were a reference to section 39(1)(c) to (f) and (h)(i).\n(sec.285-ssec.4) In this section— pre-amended , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\n- (a) more than 4, but not more than 10, workers are employed at the mine; and\n- (b) immediately before the commencement, the mine was not required to have a safety and health management system.\n- (a) pre-amended sections 38(3) and 39(2) and (3) continue to apply in relation to the mine; and\n- (b) amended section 40(1)(b), (d) and (e)(i) does not apply to a contractor at the mine if the mine is not required to have a safety and health management system; and\n- (c) amended section 44(1)(b), (f)(ii) and (iii) and (g)(i) does not apply to a service provider at the mine if the mine is not required to have a safety and health management system.","sortOrder":430},{"sectionNumber":"pt.20-div.6","sectionType":"division","heading":"Transitional provisions for Resources Safety and Health Queensland Act 2020","content":"## Transitional provisions for Resources Safety and Health Queensland Act 2020","sortOrder":431},{"sectionNumber":"sec.286","sectionType":"section","heading":"Definitions for division","content":"### sec.286 Definitions for division\n\nIn this division—\ncorresponding provision , for a provision of the pre-amended Act, means a provision of this Act that provides for the same, or substantially the same, matter as the provision of the pre-amended Act.\npre-amended Act means this Act as in force before the commencement.\ns 286 ins 2020 No. 10 s 118","sortOrder":432},{"sectionNumber":"sec.287","sectionType":"section","heading":"Functions performed and powers exercised by chief executive","content":"### sec.287 Functions performed and powers exercised by chief executive\n\nA function performed, or power exercised, by the chief executive under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the CEO under the corresponding provision.\ns 287 ins 2020 No. 10 s 118","sortOrder":433},{"sectionNumber":"sec.288","sectionType":"section","heading":"References to chief executive","content":"### sec.288 References to chief executive\n\nThis section applies if—\na provision of the pre-amended Act mentioned the chief executive; and\na corresponding provision mentions the CEO.\nIn a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the chief executive is taken to be a reference to the CEO.\ns 288 ins 2020 No. 10 s 118\n(sec.288-ssec.1) This section applies if— a provision of the pre-amended Act mentioned the chief executive; and a corresponding provision mentions the CEO.\n(sec.288-ssec.2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the chief executive is taken to be a reference to the CEO.\n- (a) a provision of the pre-amended Act mentioned the chief executive; and\n- (b) a corresponding provision mentions the CEO.","sortOrder":434},{"sectionNumber":"sec.289","sectionType":"section","heading":"Functions performed and powers exercised by Commissioner for Mine Safety and Health","content":"### sec.289 Functions performed and powers exercised by Commissioner for Mine Safety and Health\n\nA function performed, or power exercised, by the Commissioner for Mine Safety and Health under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the Commissioner for Resources Safety and Health under the corresponding provision.\nSubsection (1) is subject to section 291.\ns 289 ins 2020 No. 10 s 118\n(sec.289-ssec.1) A function performed, or power exercised, by the Commissioner for Mine Safety and Health under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the Commissioner for Resources Safety and Health under the corresponding provision.\n(sec.289-ssec.2) Subsection (1) is subject to section 291.","sortOrder":435},{"sectionNumber":"sec.290","sectionType":"section","heading":"References to Commissioner for Mine Safety and Health","content":"### sec.290 References to Commissioner for Mine Safety and Health\n\nThis section applies if—\na provision of the pre-amended Act mentioned the Commissioner for Mine Safety and Health; and\na corresponding provision mentions the Commissioner for Resources Safety and Health.\nIn a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the Commissioner for Mine Safety and Health is taken to be a reference to the Commissioner for Resources Safety and Health.\nSubsection (2) is subject to section 291.\ns 290 ins 2020 No. 10 s 118\n(sec.290-ssec.1) This section applies if— a provision of the pre-amended Act mentioned the Commissioner for Mine Safety and Health; and a corresponding provision mentions the Commissioner for Resources Safety and Health.\n(sec.290-ssec.2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the Commissioner for Mine Safety and Health is taken to be a reference to the Commissioner for Resources Safety and Health.\n(sec.290-ssec.3) Subsection (2) is subject to section 291.\n- (a) a provision of the pre-amended Act mentioned the Commissioner for Mine Safety and Health; and\n- (b) a corresponding provision mentions the Commissioner for Resources Safety and Health.","sortOrder":436},{"sectionNumber":"sec.291","sectionType":"section","heading":"Existing proceedings","content":"### sec.291 Existing proceedings\n\nThis section applies to the following proceedings started before the commencement—\na proceeding for an offence against this Act started by—\nthe Commissioner for Mine Safety and Health; or\nthe chief executive or another appropriately qualified person with the written authorisation of the chief executive;\na proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health;\nan appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).\nIf, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement—\nif the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 234(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and\nif the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.\nFor a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO.\ns 291 ins 2020 No. 10 s 118\n(sec.291-ssec.1) This section applies to the following proceedings started before the commencement— a proceeding for an offence against this Act started by— the Commissioner for Mine Safety and Health; or the chief executive or another appropriately qualified person with the written authorisation of the chief executive; a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health; an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).\n(sec.291-ssec.2) If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement— if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 234(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.\n(sec.291-ssec.3) For a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO.\n- (a) a proceeding for an offence against this Act started by— (i) the Commissioner for Mine Safety and Health; or (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;\n- (i) the Commissioner for Mine Safety and Health; or\n- (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;\n- (b) a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health;\n- (c) an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).\n- (i) the Commissioner for Mine Safety and Health; or\n- (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;\n- (a) if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 234(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and\n- (b) if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.","sortOrder":437},{"sectionNumber":"sec.292","sectionType":"section","heading":"Costs of investigation","content":"### sec.292 Costs of investigation\n\nThis section applies if a court convicts a person of an offence against this Act after the commencement.\nThe court may order the person to pay the reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence, whether the costs were incurred by the department or RSHQ, and whether the offence was committed before or after the commencement.\ns 292 ins 2020 No. 10 s 118\n(sec.292-ssec.1) This section applies if a court convicts a person of an offence against this Act after the commencement.\n(sec.292-ssec.2) The court may order the person to pay the reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence, whether the costs were incurred by the department or RSHQ, and whether the offence was committed before or after the commencement.","sortOrder":438},{"sectionNumber":"sec.293","sectionType":"section","heading":"References to department","content":"### sec.293 References to department\n\nThis section applies if—\na provision of the pre-amended Act mentioned the department; and\na corresponding provision mentions RSHQ.\nIn a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the department is taken to be a reference to RSHQ.\ns 293 ins 2020 No. 10 s 118\n(sec.293-ssec.1) This section applies if— a provision of the pre-amended Act mentioned the department; and a corresponding provision mentions RSHQ.\n(sec.293-ssec.2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the department is taken to be a reference to RSHQ.\n- (a) a provision of the pre-amended Act mentioned the department; and\n- (b) a corresponding provision mentions RSHQ.","sortOrder":439},{"sectionNumber":"pt.20-div.7","sectionType":"division","heading":"Validation provision for Mineral and Energy Resources and Other Legislation Amendment Act 2020","content":"## Validation provision for Mineral and Energy Resources and Other Legislation Amendment Act 2020","sortOrder":440},{"sectionNumber":"sec.294","sectionType":"section","heading":"Validation of particular orders for costs","content":"### sec.294 Validation of particular orders for costs\n\nThis section applies to a costs order purportedly made by an Industrial Magistrates Court before the commencement in relation to a proceeding for an offence against this Act.\nThe making of the costs order is, and is taken to always have been, as valid as it would have been if amended section 243 had been in effect from 16 March 2001.\nAnything done under the costs order is, and is taken to always have been, as valid as it would have been if amended section 243 had been in effect from 16 March 2001.\nIf the repealed Industrial Relations Act 1999 applied to the proceeding, amended section 243 applies as if the reference in section 243(3) to the Industrial Relations Act 2016 , section 530 (6) were a reference to section 319(3) of the repealed Act.\nIn this section—\namended section 243 means section 243 as amended by the Mineral and Energy Resources and Other Legislation Amendment Act 2020 .\ncosts order means an order awarding a represented party for a proceeding costs of the representation.\nIndustrial Magistrates Court includes an Industrial Magistrates Court under the repealed Industrial Relations Act 1999 .\nrepresented party , for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.\ns 294 ins 2020 No. 14 s 162\n(sec.294-ssec.1) This section applies to a costs order purportedly made by an Industrial Magistrates Court before the commencement in relation to a proceeding for an offence against this Act.\n(sec.294-ssec.2) The making of the costs order is, and is taken to always have been, as valid as it would have been if amended section 243 had been in effect from 16 March 2001.\n(sec.294-ssec.3) Anything done under the costs order is, and is taken to always have been, as valid as it would have been if amended section 243 had been in effect from 16 March 2001.\n(sec.294-ssec.4) If the repealed Industrial Relations Act 1999 applied to the proceeding, amended section 243 applies as if the reference in section 243(3) to the Industrial Relations Act 2016 , section 530 (6) were a reference to section 319(3) of the repealed Act.\n(sec.294-ssec.5) In this section— amended section 243 means section 243 as amended by the Mineral and Energy Resources and Other Legislation Amendment Act 2020 . costs order means an order awarding a represented party for a proceeding costs of the representation. Industrial Magistrates Court includes an Industrial Magistrates Court under the repealed Industrial Relations Act 1999 . represented party , for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.","sortOrder":441},{"sectionNumber":"pt.20-div.8","sectionType":"division","heading":"Transitional provisions for Resources Safety and Health Legislation Amendment Act 2024","content":"## Transitional provisions for Resources Safety and Health Legislation Amendment Act 2024","sortOrder":442},{"sectionNumber":"sec.295","sectionType":"section","heading":"Definitions for division","content":"### sec.295 Definitions for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 295 ins 2024 No. 34 s 230","sortOrder":443},{"sectionNumber":"sec.296","sectionType":"section","heading":"Deferral of requirements relating to critical controls","content":"### sec.296 Deferral of requirements relating to critical controls\n\nNew sections 27, 44A and 55(5) do not apply until the day that is 1 year after the commencement.\nFormer sections 27, 44A and 55(5) continue to apply until that day that is 1 year after the commencement.\ns 296 ins 2024 No. 34 s 230\n(sec.296-ssec.1) New sections 27, 44A and 55(5) do not apply until the day that is 1 year after the commencement.\n(sec.296-ssec.2) Former sections 27, 44A and 55(5) continue to apply until that day that is 1 year after the commencement.","sortOrder":444},{"sectionNumber":"sec.297","sectionType":"section","heading":"Deferral of requirements relating to operational ROC workers","content":"### sec.297 Deferral of requirements relating to operational ROC workers\n\nNew sections 39(1)(g) and 55(3) do not apply until the day that is 6 months after the commencement.\nFormer sections 39(1)(h) and 55(3) continue to apply until that day that is 6 months after the commencement.\ns 297 ins 2024 No. 34 s 230\n(sec.297-ssec.1) New sections 39(1)(g) and 55(3) do not apply until the day that is 6 months after the commencement.\n(sec.297-ssec.2) Former sections 39(1)(h) and 55(3) continue to apply until that day that is 6 months after the commencement.","sortOrder":445},{"sectionNumber":"sec.298","sectionType":"section","heading":"Deferral of particular requirements to hold practising certificate","content":"### sec.298 Deferral of particular requirements to hold practising certificate\n\nThis section applies to the following requirements—\nthe requirement under new section 49(4)(b) for a site senior executive to hold a practising certificate;\nthe requirement under new section 53(3)(a)(ii) or (b)(ii) for an underground mine manager to hold a practising certificate;\nthe requirement under new section 123(2) for an inspector to hold a practising certificate.\nThe requirement does not apply until 10 June 2025.\nIf, on 10 June 2025, the person mentioned in subsection (1) does not hold the required practising certificate, the appointment of the person to the position mentioned in subsection (1) is terminated.\nFormer sections 49(4), 53(3) and 123 continue to apply until 10 June 2025.\ns 298 ins 2024 No. 34 s 230\n(sec.298-ssec.1) This section applies to the following requirements— the requirement under new section 49(4)(b) for a site senior executive to hold a practising certificate; the requirement under new section 53(3)(a)(ii) or (b)(ii) for an underground mine manager to hold a practising certificate; the requirement under new section 123(2) for an inspector to hold a practising certificate.\n(sec.298-ssec.2) The requirement does not apply until 10 June 2025.\n(sec.298-ssec.3) If, on 10 June 2025, the person mentioned in subsection (1) does not hold the required practising certificate, the appointment of the person to the position mentioned in subsection (1) is terminated.\n(sec.298-ssec.4) Former sections 49(4), 53(3) and 123 continue to apply until 10 June 2025.\n- (a) the requirement under new section 49(4)(b) for a site senior executive to hold a practising certificate;\n- (b) the requirement under new section 53(3)(a)(ii) or (b)(ii) for an underground mine manager to hold a practising certificate;\n- (c) the requirement under new section 123(2) for an inspector to hold a practising certificate.","sortOrder":446},{"sectionNumber":"sec.299","sectionType":"section","heading":"No compensation payable because of termination of appointment under division","content":"### sec.299 No compensation payable because of termination of appointment under division\n\nThis section applies if a person’s appointment to a position is terminated because of the operation of this division.\nNo compensation is payable to the person because of the termination.\ns 299 ins 2024 No. 34 s 230\n(sec.299-ssec.1) This section applies if a person’s appointment to a position is terminated because of the operation of this division.\n(sec.299-ssec.2) No compensation is payable to the person because of the termination.","sortOrder":447},{"sectionNumber":"sec.300","sectionType":"section","heading":"Dealing with charges of offences against Act in summary way before Magistrates Court","content":"### sec.300 Dealing with charges of offences against Act in summary way before Magistrates Court\n\nNew section 234 applies in relation to a proceeding for an offence against this Act started after the commencement, whether the offence was alleged to have been committed before or after the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for an offence started under former section 234 before an industrial magistrate before the commencement may be continued before the industrial magistrate after the commencement despite the amendment of former section 234 by the Resources Safety and Health Legislation Amendment Act 2024 .\nAlso, a person dissatisfied with a decision of an industrial magistrate in a proceeding mentioned in subsection (2) may appeal to the Industrial Court under former section 234 despite the amendment of former section 234 by the Resources Safety and Health Legislation Amendment Act 2024 .\ns 300 ins 2024 No. 34 s 230\n(sec.300-ssec.1) New section 234 applies in relation to a proceeding for an offence against this Act started after the commencement, whether the offence was alleged to have been committed before or after the commencement.\n(sec.300-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for an offence started under former section 234 before an industrial magistrate before the commencement may be continued before the industrial magistrate after the commencement despite the amendment of former section 234 by the Resources Safety and Health Legislation Amendment Act 2024 .\n(sec.300-ssec.3) Also, a person dissatisfied with a decision of an industrial magistrate in a proceeding mentioned in subsection (2) may appeal to the Industrial Court under former section 234 despite the amendment of former section 234 by the Resources Safety and Health Legislation Amendment Act 2024 .","sortOrder":448},{"sectionNumber":"sec.301","sectionType":"section","heading":"Limitation period for starting prosecution","content":"### sec.301 Limitation period for starting prosecution\n\nNew section 236 applies only in relation to a proceeding for an offence against this Act alleged to have been committed after the commencement.\nFormer section 236 continues to apply in relation to a proceeding for an offence against this Act alleged to have been committed before the commencement despite the amendment of former section 236 by the Resources Safety and Health Legislation Amendment Act 2024 .\ns 301 ins 2024 No. 34 s 230\n(sec.301-ssec.1) New section 236 applies only in relation to a proceeding for an offence against this Act alleged to have been committed after the commencement.\n(sec.301-ssec.2) Former section 236 continues to apply in relation to a proceeding for an offence against this Act alleged to have been committed before the commencement despite the amendment of former section 236 by the Resources Safety and Health Legislation Amendment Act 2024 .","sortOrder":449},{"sectionNumber":"sec.302","sectionType":"section","heading":"Administrative region established by chief executive before commencement","content":"### sec.302 Administrative region established by chief executive before commencement\n\nThis section applies if—\nbefore the commencement, the chief executive established an administrative region for the administration of this Act under former schedule 2, definition region ; and\nimmediately before the commencement, the administrative region was still in effect.\nThe administrative region is taken to have been established by the CEO under new schedule 2, definition region .\ns 302 ins 2024 No. 34 s 230\n(sec.302-ssec.1) This section applies if— before the commencement, the chief executive established an administrative region for the administration of this Act under former schedule 2, definition region ; and immediately before the commencement, the administrative region was still in effect.\n(sec.302-ssec.2) The administrative region is taken to have been established by the CEO under new schedule 2, definition region .\n- (a) before the commencement, the chief executive established an administrative region for the administration of this Act under former schedule 2, definition region ; and\n- (b) immediately before the commencement, the administrative region was still in effect.","sortOrder":450}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The scope has expanded considerably from the original 1999 enactment. Key expansions include: the addition of ROC workers (remote operations centre workers) as a regulated category, reflecting technological changes in mining operations; new obligations for corporate officers (division 3A); explicit inclusion of earthworks designers, constructors and erectors; expanded definitions of 'mine' to cover places operating under section 344D authorisations under the Mineral Resources Act; health surveillance obligations for former workers; and the addition of underground gasification activities as an excluded operation. The rail safety carve-out (section 5A) was also added in 2017. These amendments reflect both technological evolution in the industry and broader policy shifts toward greater accountability at senior management and supply chain levels."},"complexity_factors":["Multiple overlapping duty-holder categories (operators, holders, site senior executives, contractors, designers, manufacturers, importers, suppliers, workers, ROC workers) each with distinct but interrelated obligations","Tiered penalty structure with five levels of severity, each applying differently to corporations, corporate officers, and individuals","Complex definitional boundary-drawing for 'mine', 'quarry', and 'operations', including numerous inclusions and carve-outs requiring case-by-case judgment","Interaction with multiple other pieces of legislation including the Work Health and Safety Act 2011, Rail Safety National Law (Queensland), Mineral Resources Act 1989, and coal mining legislation","The concept of 'acceptable level of risk' is deliberately flexible and requires contextual judgment rather than fixed standards, creating interpretive uncertainty","Responsibilities can be split across multiple operators for different geographic parts of a single mine, creating complex accountability structures","Obligations differ based on mine type (e.g., opal/gem mines with ≤4 workers have reduced obligations), requiring fact-specific analysis","Remote-operating-centre (ROC) workers are included as a distinct regulated category, reflecting modern operational realities not present in the original 1999 framework","The discharge-of-obligations framework creates a hierarchy (regulation → guideline → reasonable precautions) that requires understanding of subsidiary instruments not contained in the Act itself","Extensive amendment history (2000, 2002, 2007, 2008, 2010, 2011, 2016, 2017, 2018, 2020, 2024) means the current operative text differs substantially from the original enactment"],"plain_english_summary":"## Mining and Quarrying Safety and Health Act 1999 (Queensland)\n\n### What is this law?\nThis is a Queensland law that sets out who is responsible for keeping people safe at **mines and quarries** (but **not** coal mines, which are covered by separate legislation). It applies to everything from gold and copper mines to gravel quarries.\n\n### Who does it affect?\nVirtually **everyone connected to a mine or quarry**, including:\n- **Mine operators** (the companies or people running the mine)\n- **Workers** (employees, contractors, labour hire staff)\n- **Site Senior Executives** (the most senior manager physically at the mine)\n- **Contractors and subcontractors**\n- **Designers, manufacturers, importers and suppliers** of equipment and chemicals used at mines\n- **Visitors** to mine sites\n- **People who work remotely** (called 'ROC workers') who can affect safety at a mine\n- Even **bystanders** whose health might be affected by mining operations nearby\n\n### What does it require?\n\n**For operators (the people running the mine):**\n- Must have a written **Safety and Health Management System** — essentially a documented plan for identifying and controlling dangers\n- Must appoint a qualified Site Senior Executive who must be physically present at or near the mine\n- Must audit and review safety systems regularly\n- Must provide enough resources (money, staff, equipment) to keep the system working\n\n**For workers and contractors:**\n- Must follow safety rules and management systems\n- Must not work if unfit to do so safely (e.g., fatigued or impaired)\n- Must not do anything reckless that could harm others\n- Contractors must submit their own safety plans before starting work\n- No one can start work until they've been inducted (trained on site-specific safety procedures)\n\n**For equipment suppliers and designers:**\n- Equipment must be designed and built so it's safe to use\n- Must warn operators and the Chief Inspector if they discover a dangerous defect\n- The Chief Inspector can order a **product recall** of unsafe mining equipment\n\n### Key safety concepts:\n- **Acceptable level of risk**: Risk must be kept as low as reasonably achievable — not just within legal limits, but as low as practically possible\n- **Risk management**: A structured process of identifying dangers, controlling them, and reviewing whether controls are working\n- **Unacceptable risk**: If danger levels are too high, workers must be evacuated and operations stopped until things are made safe\n\n### Penalties for breaking the rules:\nThe penalties are serious and tiered by the severity of harm caused:\n- **Multiple deaths caused by a company**: Up to **30,000 penalty units** (potentially millions of dollars)\n- **Death or grievous bodily harm caused by a company**: Up to **15,000 penalty units**\n- **Individual workers or managers**: Can face **imprisonment** (up to 3 years for the most serious breaches)\n- Even **minor breaches** carry fines and possible imprisonment\n\n### What's NOT covered:\n- Coal mines (separate legislation applies)\n- Brick-making clay operations\n- Fossicking (recreational mineral collecting)\n- Transport on public roads or railways to/from the mine\n- Air travel to/from the mine\n- Farming activities\n- Certain railway operations within mines (covered by rail safety laws instead)\n- Simple on-site excavation for building foundations\n- Temporary quarrying operations at construction sites\n\n### Why does this matter to you?\nIf you **work at, own, supply to, or live near** a non-coal mine or quarry in Queensland, this law directly affects your rights and obligations. Workers have a legal right to a safe workplace and can raise safety concerns through elected **Site Safety and Health Representatives**. Employers face very large fines and even jail time if they fail to manage risks properly."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.9(1)(d) and sec.9(3)","severity":"high","reasoning":"Section 9(1)(d) captures 'securing after abandonment' as making a place a mine. Section 9(3) says securing after abandonment by or for the State does NOT make it a mine. So a private contractor securing an abandoned mine = mine; the State doing identical work = not a mine. While the policy intent of exempting State remediation may be clear, the drafting creates a definitional contradiction within the same section, and raises the paradox that the State's safety obligations under the Act could be avoided by the State itself conducting the very activities that trigger the Act for everyone else.","confidence":0.88,"description":"Circular and contradictory definition of 'mine' after abandonment. Section 9(1)(d) defines a place as a mine 'while works are done to secure it after its abandonment', but section 9(3) then carves out that same scenario by saying a place is NOT a mine after abandonment merely because work is being done to secure it by or for the State. The same activity (securing post-abandonment) simultaneously makes a place a mine under s9(1)(d) and not a mine under s9(3), depending on who is doing the work."},{"type":"circular_definition","section":"sec.9(4) and sec.9(4) second sentence","severity":"medium","reasoning":"The subsection uses the word 'mine' to exclude something from the definition of 'mine'. The phrase 'declared under a regulation to be a mine or part of a mine to which this Act does not apply' is paradoxical: it simultaneously calls the place a mine and removes it from the regime that defines and governs mines. The legislative intent (to allow regulatory opt-outs) is clear but the drafting is logically incoherent.","confidence":0.82,"description":"Self-referential definition: 'A mine does not include a mine or part of a mine declared under a regulation to be a mine or part of a mine to which this Act does not apply.' The provision defines 'mine' by reference to 'a mine', which is the very term being defined. Declaring something to be 'a mine to which this Act does not apply' is internally contradictory — if it is a mine, the Act applies by virtue of sec.4; if the Act does not apply, it is excluded from the definition of mine. This is circular."},{"type":"circular_definition","section":"sec.10(1)(d) and sec.10(1) generally","severity":"medium","reasoning":"Section 10(1)(d) includes 'rehabilitating of a place after operations' within the definition of 'operations'. This means the rehabilitation of a site is itself an operation, which then presumably requires further rehabilitation, which is itself an operation, ad infinitum. Practically, this creates uncertainty about when obligations end and triggers ongoing compliance obligations for what is supposed to be a concluding activity.","confidence":0.79,"description":"Rehabilitating 'a place after operations' is defined as itself being an 'operation'. This creates an infinite regression: if rehabilitation is an operation, then rehabilitating the rehabilitation is also an operation, and so on indefinitely. The definition is self-referential and potentially endless."},{"type":"self_contradicting","section":"sec.3(1) and sec.3(2)","severity":"medium","reasoning":"Binding a party to obligations while simultaneously immunising them from the Act's only direct enforcement mechanism (criminal prosecution under sec.31) creates a logical absurdity. The State has obligations it cannot be compelled to fulfil through the Act's own machinery. While Crown immunity is a recognised legal concept, the juxtaposition in consecutive subsections of the same provision is self-contradicting on its face.","confidence":0.75,"description":"The Act 'binds all persons, including the State' but then provides that 'nothing in this Act makes the State liable to be prosecuted for an offence.' The State is simultaneously fully bound by the Act and immune from its primary enforcement mechanism (prosecution). This creates an obligation without any enforceable consequence for the State, rendering the State's binding effectively toothless."},{"type":"other","section":"sec.5A(3)","severity":"low","reasoning":"The definition of 'mining railway' excludes railways mentioned in RSNL s7(1)(a), which is presumably the provision that carves out mine railways from the national law. So the definition of 'mining railway' in sec.5A already excludes the railways most likely to be subject to concurrent jurisdiction, limiting the practical utility of sec.5A to a narrow residual category.","confidence":0.65,"description":"The definition of 'mining railway' in sec.5A(3) is defined as 'a railway that is in a mine other than a railway mentioned in the Rail Safety National Law (Queensland), section 7(1)(a).' The section is then triggered only when the Rail Safety National Law 'also applies' to the mining railway. But if the railway is excluded from the Rail Safety National Law by virtue of being mentioned in section 7(1)(a) of that Law, it would not be a 'mining railway' under sec.5A(3) in the first place. The exclusion in the definition pre-empts the very situation the section is designed to address."},{"type":"other","section":"sec.11(2)(c)","severity":"medium","reasoning":"The phrase 'any type of gravel' is so broad it is potentially inconsistent with the purpose of the Act. Quarries typically extract and process gravel. By exempting extraction (without crushing or shaping) of 'any type of gravel', the section may unintentionally carve out significant portions of the quarrying industry from the Act's safety regime. The width of 'any type' alongside the quarry definition (sec.11(1)) creates a potential gap in coverage.","confidence":0.7,"description":"The quarry exclusion for extraction of 'any type of gravel' (sec.11(2)(c)(i)) is extraordinarily broad — 'any type of gravel' would encompass virtually every aggregate extracted at what would otherwise be a quarry. If any gravel extraction (without crushing or shaping) falls outside the definition of quarry, most small-scale aggregate operations could avoid the Act entirely by simply not crushing or shaping material."},{"type":"impossible_compliance","section":"sec.38(1)(e)","severity":"medium","reasoning":"The 14-day absence permission in sec.38(1)(e) does not resolve who performs the SSE's duties during the absence. The SSE has personal obligations under sec.39 that require physical presence at the mine (e.g., sec.39(1)(h)(iii) — supervision of each shift). If no acting SSE is mandated, the mine may operate without anyone fulfilling the SSE's statutory obligations for up to 14 days at a time.","confidence":0.68,"description":"The operator must ensure the site senior executive is located at or near the mine 'when performing the duties of site senior executive' but may be absent for up to 14 days. However, during absence the duties of the SSE must still be performed. The provision does not require appointment of an acting SSE, creating a situation where an absent SSE is simultaneously required to be at the mine when performing duties and permitted not to be there — with no mechanism to ensure someone else performs those duties in the interim."},{"type":"self_contradicting","section":"sec.38(3) and sec.39(2)","severity":"low","reasoning":"Sec.38(2) uses unqualified mandatory language ('has an obligation not to operate a mine without a safety and health management system') but sec.38(3) disapplies this for small opal/gem mines. The absolute obligation and the exemption coexist awkwardly, and the drafting of sec.38(2) as a standalone absolute proposition is misleading given the carve-out immediately following.","confidence":0.6,"description":"The opal/gem mine exemption (no more than 4 workers) in sec.38(3) removes the obligation for a safety and health management system. But sec.38(2) imposes an absolute obligation on operators 'not to operate a mine without a safety and health management system'. Sec.38(3) only exempts sec.38(1)(d)-(g) and sec.38(2), yet sec.38(2) is explicitly listed in the exemption. This means a small opal mine can legally operate without a SHMS under sec.38 but the general obligation under sec.38(2) is simultaneously suspended — which is internally consistent but creates an anomaly where the absolute prohibition is rendered conditional by a subsection that appears to be absolute."},{"type":"self_contradicting","section":"sec.34(3)","severity":"medium","reasoning":"The ALARA principle in sec.26 is a higher standard than merely achieving 'acceptable limits'. Section 34(3)(b) permits alternative methods that achieve only 'an acceptable level' without the additional ALARA requirement. This creates a two-speed compliance regime where following a guideline alternative may satisfy sec.34 but not sec.26, exposing persons to prosecution for breach of their underlying obligation even while compliant with the discharge mechanism.","confidence":0.72,"description":"Section 34(3) provides that where a guideline states a way of achieving acceptable risk, a person discharges their obligation by either following the guideline or 'adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.' This means a person can comply with a guideline by achieving exactly an 'acceptable level' of risk — but the Act's own standard in sec.26 requires risk to be BOTH within acceptable limits AND as low as reasonably achievable. A person using an alternative method that achieves only an 'acceptable level' without demonstrating ALARA may technically comply with sec.34(3) while breaching the underlying standard in sec.26."}],"contradictions":[{"severity":"high","section_a":"sec.9(1)(d)","section_b":"sec.9(3)","confidence":0.9,"description":"Section 9(1)(d) includes within the definition of 'mine' a place that was a mine 'while works are done to secure it after its abandonment'. Section 9(3) provides that despite s9(1)(d), such a place is NOT a mine after abandonment if the securing work is done by or for the State. The same physical activity (securing an abandoned mine) both constitutes and negates 'mine' status under the same section, depending solely on the identity of the party performing the work."},{"severity":"medium","section_a":"sec.3(1)","section_b":"sec.3(2)","confidence":0.78,"description":"Section 3(1) binds the State to the Act in full. Section 3(2) immunises the State from prosecution for any offence under the Act. Since prosecution under sec.31 is the Act's sole direct enforcement mechanism for safety and health obligations, the State is bound by obligations it cannot be compelled to comply with through the Act itself, creating a contradiction between the universality of binding (subsection 1) and the absence of any enforceable consequence (subsection 2)."},{"severity":"medium","section_a":"sec.26(1)","section_b":"sec.34(3)(b)","confidence":0.73,"description":"Section 26(1) defines 'acceptable level of risk' as requiring risk to be BOTH within acceptable limits AND as low as reasonably achievable (ALARA). Section 34(3)(b) permits discharge of obligations by following an alternative to a guideline that achieves 'a level of risk that is equal to or better than the acceptable level', with no express ALARA requirement for the alternative method. A person could satisfy sec.34(3)(b) while failing to meet the full sec.26(1) standard."},{"severity":"low","section_a":"sec.38(1)(d)","section_b":"sec.39(1)(c)","confidence":0.65,"description":"Section 38(1)(d) requires the operator to ensure the site senior executive 'develops and implements a safety and health management system for the mine'. Section 39(1)(c) imposes on the site senior executive a personal obligation 'to develop and implement a safety and health management system'. Both sections impose what appears to be the same duty on different persons simultaneously. While sec.33 clarifies that one person's obligation does not relieve another's, the practical effect is that both operator and SSE can be prosecuted for the same failure to produce a single SHMS, with no clear delineation of who bears primary responsibility."},{"severity":"low","section_a":"sec.36(1)(d)","section_b":"sec.36A(1)","confidence":0.6,"description":"Section 36 applies obligations to 'another person not located at the mine' (sec.36(1)(d)). Section 36A imposes additional obligations on workers, persons at a mine, and ROC workers — but not persons 'not located at the mine'. This creates a two-tier obligation structure where a person not at the mine has the general obligations in sec.36(2) but not the additional obligations in sec.36A(2), including the obligation not to work while unfit (sec.36A(2)(e)) — which seems illogical if an ROC worker operating remotely should also be required to be fit for work."},{"severity":"medium","section_a":"sec.10(1)(a) (smelting as an operation)","section_b":"sec.10(2)(d) (smelting as not an operation)","confidence":0.82,"description":"Section 10(1)(a) includes 'smelting' within the definition of 'operations'. Section 10(2)(d) excludes 'smelting, refining, stockpiling and processing operations' on land not adjoining/adjacent to mines, or adjoining but not integral to mines. Smelting is simultaneously defined as an operation and excluded from being an operation depending on location, but the boundary condition ('adjoining or adjacent to, but not an integral part of') is undefined, creating an unresolved grey zone where smelting may or may not be an operation."},{"severity":"medium","section_a":"sec.38(2)","section_b":"sec.38(3)","confidence":0.77,"description":"Section 38(2) imposes an absolute, unqualified obligation on operators not to operate a mine without a safety and health management system. Section 38(3) disapplies this obligation entirely for operators of opal or gem mines with no more than 4 workers. The absolute language of sec.38(2) is directly contradicted by the blanket exemption in sec.38(3), which is in the same section."}]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond a simple workplace safety statute for mines. Since the original framework, later amendments have added several new substantive axes: (1) criminalisation of senior management conduct (industrial manslaughter in pt 3A, ss45C–45D) and an explicit due‑diligence offence for corporate officers (s44A); (2) a civil penalty regime targeted at corporations (pt 14B, ss246E–246K) and CEO‑driven penalty notices, creating a parallel administrative enforcement track to criminal prosecution; (3) enforceable undertakings (pt 14C, ss246L–246R) as an alternative regulatory outcome; (4) expanded inspector powers, publication and data‑collection powers (ss136, 254C, 259) that increase regulatory oversight and reputational enforcement; and (5) broadened worker participation and representational powers (pt 7 & 8) and explicit protections against reprisals (ss254A–254B). These changes shift risk allocation and compliance costs: private firms (operators) and corporate officers now face greater regulatory, criminal and reputational exposure and must invest in governance, training and record systems (see ss38, 55, 59, 44A). The additions expand the tools available to the regulator (discretionary remedies, publication, civil penalties), which increases administrative flexibility but also raises implementation and fairness risks unless applied transparently. Specific amending/transitional provisions (multiple inserts and staged commencements) confirm the Act’s expansion and the legislature’s attempt to phase in higher‑burden obligations while preserving continuity for existing operations."},"complexity_factors":["Multiple role‑based obligations with overlapping duties (operators, holders, site senior executives, contractors, designers, suppliers, erectors, inspectors and corporate officers) creating multi‑axis compliance (see ss30, 38–44A).","Layered enforcement architecture: criminal offences (including industrial manslaughter pt 3A), civil penalty regime (pt 14B), directives and statutory suspension powers (ss160–170), injunctions (pt 14A), enforceable undertakings (pt 14C) — with interaction rules and exclusions (e.g. s246J).","Extensive cross‑references to other parts of the Act and to external Acts (eg. Criminal Code, Rail Safety National Law, Mineral Resources Act, Work Health and Safety Act) increasing interpretive load (see s5A, s9, provisions referencing other Acts).","Large number of defined terms and specialised concepts (mine, operations, hazard, risk, operator, site senior executive, ROC worker, critical control), and a separate dictionary in schedule 2 (see ss8–21).","Staged and conditional commencement and transitional provisions adding temporal complexity and exceptions (multiple amending notes and pt 20 transitional divisions).","Nested exceptions and exemptions (eg. opal/gem mines small‑workforce exemptions, parts of mines declared separate parts, remote operating centres) requiring careful fact‑based application (see ss38(3), 21(4), 5A).","Extensive procedural and evidentiary regimes: inspection and seizure processes (ss130–151, 140–147), warrant and special warrant procedures (ss132–135), and protections for answers/documents (ss156, 195A).","Multiple review and appeal pathways with different courts and timelines (Industrial Magistrates Court, Industrial Court, District Court) and stay rules (pt 13, ss172–175, 219–228).","Detailed competence, certification and continuing professional development regime administered by a board of examiners, and interacting qualification/practising certificate rules (pt 10, ss180–185, 49(4), 123).","High number of penalty levels and conditional penalties (s31 lists tiered maximums; regulations may create offences up to 400 penalty units—s262)."],"plain_english_summary":"**What this Act does (mechanics first)**\n\n- Imposes duties on people and organisations connected with non‑coal mines and quarries: operators, holders (title‑holders), site senior executives (senior on‑site managers), contractors, designers, manufacturers, importers and suppliers, erectors and installers, and corporate officers (see s30, s21, s38, s44A).  These duties require managing risks so that safety and health are “at an acceptable level” (s6, s26).\n\n- Requires a documented, auditable safety and health management system at each mine before operations start, and regular audit, review and worker access to that system (s55–56).  The regime sets detailed obligations for training, induction, supervision, inspection and competency (for example ss39, 50–55, 51, 86).\n\n- Creates role‑specific responsibilities and accountabilities: the operator must provide resources and appoint a site senior executive (ss38–39); site senior executives must document and maintain management structures (s50) and keep plans and a mine record (ss58–59); the board of examiners issues qualifications and practising certificates (pt 10).\n\n- Provides worker participation and oversight tools: site safety and health representatives and committees with inspection and stop‑work powers (ss84–96) and district workers’ representatives with inspection, review and limited directive powers (pt 8, ss108–116).\n\n- Gives inspectors, inspection officers and authorised officers broad inspection, seizure and enforcement powers (pt 9, ss130–151, 136–144, 148).  Inspectors and other authorised officials may give directives to suspend operations, require reviews or tests, or require preservation of evidence (ss160–170).  Chief inspector has extra review powers (s157).\n\n- Establishes multiple enforcement pathways:\n  - Criminal offences with tiered maximum penalties for breaches of safety obligations (s31);\n  - New industrial manslaughter offences for employers and senior officers with very large penalties including imprisonment (pt 3A, ss45A–45D);\n  - Civil penalty notices against corporations for specified obligations (pt 14B, ss246E–246K);\n  - Penalty notices, directives and injunctions (pt 14A, pt 9 subdivision on directives);\n  - Enforceable undertakings accepted by the CEO as an alternative to prosecution in some cases (pt 14C, ss246L–246R).\n\n- Adds reporting, record‑keeping and publication rules: immediate accident notification duties (s195, s195A), maintenance of mine records (s59), CEO/Minister may publish safety information and statistics (s254C), and the CEO may require industry data (s259).\n\n- Creates an industry consultative committee to advise government and set recognised competencies and a 5‑year strategy (pt 6, ss66–68, 67A).\n\n**Who it affects**\n\n- Workers and contractors at mines (including remote operating centres); operators and holders of mining tenures; site senior executives, supervisors and underground mine managers; designers, manufacturers, importers and suppliers of plant and substances; corporate officers and executive/senior officers; inspectors and regulator staff; and industry representatives on advisory bodies (see s5, s21, s22, s41–43, s44A, pt 6, pt 7, pt 8).\n\n**Why it matters (official purpose and practical implications)**\n\n- The stated object is to protect safety and health at mines and require that risk from operations is at an acceptable level (s6–7).  Mechanically, the Act shifts primary responsibility to the organisation that operates the mine and the on‑site senior executive and makes both organisational systems and individual competencies legally important (see ss38–39, s55, s44A).\n\n- Costs and incentives: operators and corporations pay the compliance costs — creating documented management systems, training, audits, record‑keeping (s55–59, s104).  The Act increases legal and reputational risk for senior managers and officers (s44A, pt 3A) which creates an incentive to invest in governance, training and monitoring but also raises the prospect of criminal exposure for managers if negligence is alleged (ss45C–45D).\n\n- Trade‑offs and choice of enforcement tools: the Act combines criminal prosecution (including industrial manslaughter), civil penalties, directives and enforceable undertakings (ss31; pt 3A; pt 14B; ss246L–246R).  That mix allows the regulator discretion to select remedies proportional to the breach, but gives rise to administrative discretion and potential inconsistency in outcomes unless guidelines and transparent processes are applied (s246L requires CEO guidelines on enforceable undertakings).\n\n- Implementation and compliance risk: many provisions depend on regulators’ judgment (what is an “acceptable” level of risk—s26; when to issue a directive—s160; when to publish incident information—s254C).  This creates a reliance on inspector competence and regulatory resourcing; it also places a premium on clear procedures and records at operator level (s59).  Staged commencement and transitional exemptions for small opal/gem mines, remote operations and competencies show recognition of implementation burdens (see transitional sections appended to the Act).\n\n- Effects on private enterprise and markets: businesses will face higher administrative costs and potential interruption (directives can suspend operations—s160), increased due diligence obligations (s44A), and possible civil penalties (pt 14B).  These raise operating costs and may favour larger firms better able to absorb compliance expenditure; conversely, they create incentives to improve safety‑driven productivity and reduce accident‑related losses.\n\n- Concentrated benefits, diffuse costs: the immediate beneficiaries are workers (and contractors) through stronger participation, inspection and stop‑work rights (pt 7, pt 8, ss92–95); the costs fall principally on operators and corporate officers who must fund systems, training and governance.\n\n**Who pays, who decides, and what behaviour changes (plain terms with sections)**\n\n- Who pays: operators, contractors and corporations fund systems, training, audits, incident investigations and may pay civil penalties or court‑ordered costs (ss38, 59, 246F, 243, 292).\n- Who decides: site senior executives, operators and the CEO/chief inspector make key operational and regulatory decisions; inspectors and authorised officers exercise on‑site enforcement powers (ss38–39, 122, 157, 160).\n- Behaviour changes expected: more formal safety management systems and documentation (s55); competence and practising certificates for senior roles (pt 10); earlier and fuller incident reporting and investigation (ss195–198); willingness to stop or suspend work when risk is unacceptable (ss28, 94, 160); and increased cooperation with inspectors (pt 9).\n\n**Selected sections to consult for practitioners**: objects and risk standard (ss6–7, s26), operator & site senior executive duties (ss38–39), safety and health management system (s55), site safety and health representatives and stop‑work powers (ss84–96), inspectors’ powers and directives (pt 9, ss130–170), industrial manslaughter (pt 3A), officers’ due diligence (s44A), enforceable undertakings (ss246L–246R), civil penalties (pt 14B), mine records and reporting (ss58–60, s195)."},"kimi_summary":{"_metrics":{"completionTokens":882},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1999 scope. Major additions include: industrial manslaughter offences (2020), officer due diligence obligations (2018), ventilation officer requirements for underground mines (2018), remote operating centre provisions (2024), training record portability between mines (2024), and enhanced board of examiners oversight with CEO suspension/cancellation powers (2018, 2024). The original focus on traditional mining operations has broadened to cover remote operations, labour hire arrangements, and more sophisticated corporate accountability mechanisms."},"complexity_factors":["Multiple overlapping obligation schemes: general obligations (Division 2), specific obligations for holders/operators/executives/contractors (Division 3), and officer due diligence obligations (Division 3A)","Nested definitions and cross-references: 'mine' defined by reference to 'operations', 'operations' defined with 10 inclusions and 9 exclusions, 'operator' defined by reference to 'holder' and appointment procedures","Conditional logic throughout: exemptions for small opal/gem mines (4 workers or fewer), tiered competency requirements based on worker numbers (10 vs 20 underground workers), and multiple exceptions to exceptions","Extensive penalty matrices: section 31 alone contains 5 tiers of penalties with 3 sub-tiers each (corporation, officer, otherwise) based on outcomes from multiple deaths down to no harm","Parallel appointment and notification schemes: operators, site senior executives, underground mine managers, ventilation officers, acting appointments—all with specific timing and form requirements","Interaction with other legislation: explicit carve-outs for Rail Safety National Law, Work Health and Safety Act 2011, Petroleum and Gas (Production and Safety) Act 2004, and mutual recognition arrangements","Industrial manslaughter provisions (Part 3A) creating new criminal offences with their own definitions of 'employer', 'senior officer', and causation standards","Review and appeal mechanisms: directives can be reviewed by chief inspector, then appealed to Industrial Court, with specific stay provisions"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's main law protecting workers and the public from harm at mines and quarries (excluding coal mines, which have their own separate law). It creates a comprehensive safety system that applies to everyone involved in mining operations—from the big mining companies down to individual workers and equipment suppliers.\n\n**Who it affects:**\n\n- **Mine operators and senior executives** – they must appoint qualified people, develop safety management systems, and ensure risks are kept at \"acceptable levels\"\n- **Workers** – they must follow safety procedures, report hazards, and can elect **site safety and health representatives** to advocate for them\n- **Contractors and suppliers** – they must ensure their equipment, substances and work don't create unsafe conditions\n- **Corporate officers** – directors and senior managers can be personally liable if they don't exercise \"due diligence\" to ensure their company complies\n\n**Key features:**\n\n- **Risk-based approach** – the law doesn't prescribe every safety rule. Instead, it requires risks to be kept \"as low as reasonably achievable\" and \"within acceptable limits\"\n- **Safety and health management systems** – mines must have documented systems covering everything from training to emergency preparedness\n- **Worker participation** – workers can elect representatives, form safety committees, and even stop dangerous work in emergencies\n- **Strong enforcement** – inspectors can enter mines, seize evidence, issue directives to stop operations, and prosecute offences. Since 2020, the law includes **industrial manslaughter** offences (up to 20 years imprisonment) for negligent conduct causing worker deaths\n- **Competency requirements** – key positions like site senior executives and underground mine managers must hold formal qualifications from a **board of examiners**\n\n**Why it matters:**\n\nMining is inherently dangerous. This law tries to prevent deaths and injuries by making safety everyone's responsibility—not just the boss's—while giving workers real power to speak up and stop unsafe work. The industrial manslaughter provisions mean companies and senior officers can face serious criminal consequences when negligence leads to fatalities."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/mining-and-quarrying-safety-and-health-act-1999","history":"/api/acts/mining-and-quarrying-safety-and-health-act-1999/history","analysis":"/api/acts/mining-and-quarrying-safety-and-health-act-1999/analysis","conflicts":"/api/acts/mining-and-quarrying-safety-and-health-act-1999/conflicts","importantCases":"/api/acts/mining-and-quarrying-safety-and-health-act-1999/important-cases","documents":"/api/acts/mining-and-quarrying-safety-and-health-act-1999/documents"}}