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Coal Mining Safety and Health Regulation 2017
sec.12FBEffect of notice or increase in worker numbers
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### sec.12FB Effect of notice or increase in worker numbers
This section applies if—
the responsible person for a coal mine has chosen to give a safety and health census for the coal mine for a financial year under section 12FA (2) ; and
during the financial year—
the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or
the number of coal mine workers working at the coal mine increases to more than 5.
Despite section 12C , definition reporting period , the reporting period for the coal mine is each quarter of the financial year.
The responsible person must give the CEO a safety and health census for the coal mine for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day.
Section 12F applies in relation to a safety and health census mentioned in subsection (3) —
as if the reference in section 12F (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and
with any other necessary changes.
Section 12H applies in relation to a safety and health census mentioned in subsection (3) —
as if the reference in section 12H (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and
with any other necessary changes.
Subsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 12FA (7) .
If subsection (1) (b) (ii) applies, the responsible person for the coal mine may not choose under section 12FA (2) to give a safety and health census for the coal mine for the financial year, even if the number of coal mine workers decreases to 5 or fewer.
In this section—
required day means—
if the CEO has stated a day by which a safety and health census must be given in a notice under section 12FA (6) —the day stated in the notice; or
otherwise—the day that is 20 days after the end of the current quarter.
s 12FB ins 2019 SL No. 221 s 7
amd 2020 SL No. 69 s 24 sch 1
(sec.12FB-ssec.1) This section applies if— the responsible person for a coal mine has chosen to give a safety and health census for the coal mine for a financial year under section 12FA (2) ; and during the financial year— the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or the number of coal mine workers working at the coal mine increases to more than 5.
(sec.12FB-ssec.2) Despite section 12C , definition reporting period , the reporting period for the coal mine is each quarter of the financial year.
(sec.12FB-ssec.3) The responsible person must give the CEO a safety and health census for the coal mine for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day.
(sec.12FB-ssec.4) Section 12F applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 12F (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and with any other necessary changes.
(sec.12FB-ssec.5) Section 12H applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 12H (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and with any other necessary changes.
(sec.12FB-ssec.6) Subsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 12FA (7) .
(sec.12FB-ssec.7) If subsection (1) (b) (ii) applies, the responsible person for the coal mine may not choose under section 12FA (2) to give a safety and health census for the coal mine for the financial year, even if the number of coal mine workers decreases to 5 or fewer.
(sec.12FB-ssec.8) In this section— required day means— if the CEO has stated a day by which a safety and health census must be given in a notice under section 12FA (6) —the day stated in the notice; or otherwise—the day that is 20 days after the end of the current quarter.
- (a) the responsible person for a coal mine has chosen to give a safety and health census for the coal mine for a financial year under section 12FA (2) ; and
- (b) during the financial year— (i) the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or (ii) the number of coal mine workers working at the coal mine increases to more than 5.
- (i) the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or
- (ii) the number of coal mine workers working at the coal mine increases to more than 5.
- (i) the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or
- (ii) the number of coal mine workers working at the coal mine increases to more than 5.
- (a) as if the reference in section 12F (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and
- (b) with any other necessary changes.
- (a) as if the reference in section 12H (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and
- (b) with any other necessary changes.
- (a) if the CEO has stated a day by which a safety and health census must be given in a notice under section 12FA (6) —the day stated in the notice; or
- (b) otherwise—the day that is 20 days after the end of the current quarter.