Mining and Quarrying Safety and Health Regulation 2017
sec.11DBEffect of notice or increase in worker numbers
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sec.11DB Effect of notice or increase in worker numbers
This section applies if— the responsible person for a mine has chosen to give a safety and health census for the mine for a financial year under section 11DA (2) ; and during the financial year— the CEO gives the responsible person a notice under section 11DA (6) requiring a safety and health census for the mine for each quarter of the financial year; or the number of workers working at the mine increases to more than 5. Despite section 11A , definition reporting period , the reporting period for the mine is each quarter of the financial year. The responsible person must give the CEO a safety and health census for the 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 11D applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 11D (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 11F applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 11F (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 11DA (7) . If subsection (1) (b) (ii) applies, the responsible person for the mine may not choose under section 11DA (2) to give a safety and health census for the mine for the financial year, even if the number of 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 11DA (6) —the day stated in the notice; or otherwise—the day that is 20 days after the end of the current quarter. s 11DB ins 2019 SL No. 221 s 24 amd 2020 SL No. 69 s 24 sch 1 (sec.11DB-ssec.1) This section applies if— the responsible person for a mine has chosen to give a safety and health census for the mine for a financial year under section 11DA (2) ; and during the financial year— the CEO gives the responsible person a notice under section 11DA (6) requiring a safety and health census for the mine for each quarter of the financial year; or the number of workers working at the mine increases to more than 5. (sec.11DB-ssec.2) Despite section 11A , definition reporting period , the reporting period for the mine is each quarter of the financial year. (sec.11DB-ssec.3) The responsible person must give the CEO a safety and health census for the 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.11DB-ssec.4) Section 11D applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 11D (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.11DB-ssec.5) Section 11F applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 11F (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.11DB-ssec.6) Subsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 11DA (7) . (sec.11DB-ssec.7) If subsection (1) (b) (ii) applies, the responsible person for the mine may not choose under section 11DA (2) to give a safety and health census for the mine for the financial year, even if the number of workers decreases to 5 or fewer. (sec.11DB-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 11DA (6) —the day stated in the notice; or otherwise—the day that is 20 days after the end of the current quarter.