sec.61AActing ventilation officer

### sec.61A Acting ventilation officer This section applies if— a ventilation officer appointed under section 61 for an underground mine— vacates office; or is temporarily absent from duty; and there is no other person appointed under that section who can assume the ventilation officer’s duties during the vacancy or absence. If subsection (1) (a) (i) applies, the underground mine manager may appoint a person to act during the vacancy. If subsection (1) (a) (ii) applies, the underground mine manager may assume the duties of the ventilation officer during the absence if— the absence is for not longer than 7 days; and the manager holds a ventilation officer’s certificate of competency. If subsection (1) (a) (ii) applies and the underground mine manager does not assume the duties of the ventilation officer under subsection (3) , the manager must appoint another person to act as the ventilation officer during the absence. Maximum penalty—200 penalty units. However, the underground mine manager must not appoint a person under subsection (2) or (4) unless the person holds both of the following board qualifications— a ventilation officer’s certificate of competency; 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—200 penalty units. Also, the coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (4) acts as the ventilation officer for a period of not more than 12 weeks starting on the day the ventilation officer appointed under section 61 — vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units. However, subsection (6) does not apply if the person appointed under subsection (2) or (4) is an employee of— the coal mine operator; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. The underground mine manager is taken to comply with section 61 (2) for the period of an appointment under subsection (2) . s 61A ins 2018 No. 28 s 17 amd 2020 No. 14 s 9 sub 2022 No. 29 s 11 amd 2024 No. 34 s 32 (sec.61A-ssec.1) This section applies if— a ventilation officer appointed under section 61 for an underground mine— vacates office; or is temporarily absent from duty; and there is no other person appointed under that section who can assume the ventilation officer’s duties during the vacancy or absence. (sec.61A-ssec.2) If subsection (1) (a) (i) applies, the underground mine manager may appoint a person to act during the vacancy. (sec.61A-ssec.3) If subsection (1) (a) (ii) applies, the underground mine manager may assume the duties of the ventilation officer during the absence if— the absence is for not longer than 7 days; and the manager holds a ventilation officer’s certificate of competency. (sec.61A-ssec.4) If subsection (1) (a) (ii) applies and the underground mine manager does not assume the duties of the ventilation officer under subsection (3) , the manager must appoint another person to act as the ventilation officer during the absence. Maximum penalty—200 penalty units. (sec.61A-ssec.5) However, the underground mine manager must not appoint a person under subsection (2) or (4) unless the person holds both of the following board qualifications— a ventilation officer’s certificate of competency; 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—200 penalty units. (sec.61A-ssec.6) Also, the coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (4) acts as the ventilation officer for a period of not more than 12 weeks starting on the day the ventilation officer appointed under section 61 — vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units. (sec.61A-ssec.7) However, subsection (6) does not apply if the person appointed under subsection (2) or (4) is an employee of— the coal mine operator; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. (sec.61A-ssec.8) The underground mine manager is taken to comply with section 61 (2) for the period of an appointment under subsection (2) . - (a) a ventilation officer appointed under section 61 for an underground mine— (i) vacates office; or (ii) is temporarily absent from duty; and - (i) vacates office; or - (ii) is temporarily absent from duty; and - (b) there is no other person appointed under that section who can assume the ventilation officer’s duties during the vacancy or absence. - (i) vacates office; or - (ii) is temporarily absent from duty; and - (a) the absence is for not longer than 7 days; and - (b) the manager holds a ventilation officer’s certificate of competency. - (a) a ventilation officer’s certificate of competency; - (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . - (a) vacated office; or - (b) was first temporarily absent from duty. - (a) the coal mine operator; or - (b) an associated entity of the coal mine operator; or - (c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.