Commonwealth Consolidated Regulations

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OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) REGULATIONS 1995 - REG 16

Statistical reports

         (1)   An operator must report in writing to the Authority within the period of 30 days after the end of a financial year:

                (a)    the average number of full-time equivalent employees of the operator in that financial year; and

               (b)    the total number of hours worked by employees of the operator in the financial year.

Penalty:   1 penalty unit.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

      (1B)   It is a defence to a prosecution for an offence against subregulation (1) if it is not reasonably practicable for the operator to report within the period required by subregulation (1).

Note    A defendant bears an evidential burden in relation to the matter mentioned in subregulation (1B) (see section 13.3 of the Criminal Code ).

         (2)   In subregulation (1), average number of full-time equivalent employees means the number calculated in accordance with Australian Standard AS1885.1--1990, as in force at the commencement of this regulation.

 




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