125Orders under clause 52 of Schedule 3 to the Act

125 Orders under clause 52 of Schedule 3 to the Act

(1) For the purposes of clause 52(1) of Schedule 3 to the Act, a person may apply in writing to NOPSEMA for an order exempting the person from one or more of the provisions of Part 3 of that Schedule.

(2) Within 28 days after NOPSEMA receives an application, NOPSEMA must decide whether or not to make the order.

(3) In making the decision, NOPSEMA must—

(a) consult with persons who might be affected by the decision to grant or refuse an exemption; and

(b) take into account submissions made by those persons.

1 If an operator applies for an exemption, a health and safety representative might be an affected person.

2 If a health and safety representative applies for an exemption, an operator might be an affected person.

(4) In granting an exemption, NOPSEMA—

(a) may grant an exemption subject to conditions; and

(b) may specify a period of time in which an exemption applies.

(5) NOPSEMA must give reasons for the decision.

Division 5—Laws that do not apply