171CDiving depths

171C Diving depths

(1) A person conducting a business or undertaking who is directly involved with a surface‑oriented diving operation involving the use of air or mixed gas as a breathing medium must not direct or allow the operation to be carried out at a depth of more than 50 metres.

Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Note 2: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.

Penalty: The tier D monetary penalty.

(2) A person conducting a business or undertaking who is directly involved with a diving operation that is carried out at a depth of more than 50 metres must ensure that the diving operation involves the use of: (a) a closed diving bell and a suitable mixed gas breathing medium; or (b) a crewed submersible craft.

Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Note 2: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.

Penalty: The tier D monetary penalty.