89State or Northern Territory occupational health and safety laws do not apply in relation to facilities

#### 89 State or Northern Territory occupational health and safety laws do not apply in relation to facilities State or Northern Territory OHS laws are not applied by section 80 (1) Section 80 of this Act, and section 6 of the Ashmore and Cartier Islands Acceptance Act 1933, do not apply a law in relation to: (a) a facility located in the offshore area of a State, the Northern Territory or the Territory of Ashmore and Cartier Islands; or (b) a person at such a facility; or (c) a person near such a facility, to the extent to which the person is affected by: (i) such a facility; or (ii) activities that take place at such a facility; or (d) activities that take place at such a facility; if the law is: (e) a law of that State or the Northern Territory; and (f) prescribed in the regulations. > Note: The offshore area of a State or Territory is defined by section 8. (2) A law prescribed under subsection (1) must be: (a) a law relating to occupational health and safety; or (b) a law relating to occupational health and safety and to other matters. State or Northern Territory OHS laws do not apply of their own force (3) A law that is: (a) a law of a State or the Northern Territory; and (b) prescribed under subsection (1); does not apply, by force of the law of that State or the Northern Territory, in relation to: (c) a facility located in the offshore area of that State or the Northern Territory; or (d) a person at such a facility; or (e) a person near such a facility, to the extent to which the person is affected by: (i) such a facility; or (ii) activities that take place at such a facility; or (f) activities that take place at such a facility. > Note: The offshore area of a State or Territory is defined by section 8. Substantive criminal provisions of State or Northern Territory OHS laws are not applied by Crimes at Sea Act 2000 (4) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, a law of a State or the Northern Territory that is: (a) referred to in those subclauses; and (b) prescribed in the regulations; does not apply in relation to: (c) a facility located in the offshore area of that State, the Northern Territory or the Territory of Ashmore and Cartier Islands; or (d) a person at such a facility; or (e) a person near such a facility, to the extent to which the person is affected by: (i) such a facility; or (ii) activities that take place at such a facility; or (f) activities that take place at such a facility; whether or not that application is: (g) by force of the law of that State or the Northern Territory; or (h) by force of section 6 of the Ashmore and Cartier Islands Acceptance Act 1933; or (i) by force of subclause 2(2) of that Schedule. > Note: The offshore area of a State or Territory is defined by section 8. (5) A law prescribed under subsection (4) must be: (a) a law relating to occupational health and safety; or (b) a law relating to occupational health and safety and to other matters. Substantive criminal provisions of State or Northern Territory listed OHS laws are not applied by Crimes at Sea Act 2000 (6) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, provisions of a State or Territory PSLA, or of regulations under a State or Territory PSLA, that substantially correspond to the listed OHS laws do not apply in relation to: (a) a facility located in the offshore area of that State, the Northern Territory or the Territory of Ashmore and Cartier Islands; or (b) a person at such a facility; or (c) a person near such a facility, to the extent to which the person is affected by: (i) such a facility; or (ii) activities that take place at such a facility; or (d) activities that take place at such a facility; whether or not that application is: (e) by force of the law of that State or the Northern Territory; or (f) by force of section 6 of the Ashmore and Cartier Islands Acceptance Act 1933; or (g) by force of subclause 2(2) of that Schedule. > Note: The offshore area of a State or Territory is defined by section 8. Definitions (7) In this section: > facility has the same meaning as in Schedule 3. > law includes a part of a law. > State PSLA has the same meaning as in Part 6.9. > Territory PSLA has the same meaning as in Part 6.9. > Note: See also section 640, which deals with the application of Commonwealth maritime legislation in the offshore area of a State or Territory.