Safety in Recreational Water Activities Act 2011

This section applies if—

this Act applies in particular circumstances; and

the Work Health and Safety Act 2011 also has application in the circumstances.

Note—

The Work Health and Safety Act 2011, schedule 1, part 2, division 4 provides that in particular circumstances the primary duty imposed by section 16 of this Act is the duty that will apply for particular persons. That provision also ensures consistency of that Act and this Act in relation to the primary duty.

The Work Health and Safety Act 2011 continues to apply, and must be complied with, in addition to this Act.

If this Act is inconsistent with the Work Health and Safety Act 2011, the Work Health and Safety Act 2011 prevails to the extent of the inconsistency.

However, this Act is not inconsistent with the Work Health and Safety Act 2011 only because it—

imposes additional duties on a person on whom a duty is imposed under the Work Health and Safety Act 2011; or

otherwise increases the standards of safety required for recreational water activities.

Note—

For an example of paragraphs (a) and (b), see section 18.

Without limiting subsection (2), (3) or (4)—

if a provision of this Act deals with a particular matter and a provision of the Work Health and Safety Act 2011 deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of the Work Health and Safety Act 2011 and not with the provision of this Act; and

if a provision of this Act deals with a particular matter and a provision of the Work Health and Safety Act 2011 deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.

The following subsections apply for the purpose of ensuring consistency between the administration of this Act and the administration of the Work Health and Safety Act 2011.

An inspector may not exercise a compliance power for this Act in relation to a particular matter if an inspector has already exercised a corresponding power under the Work Health and Safety Act 2011 for the same matter and for the same purpose.

The regulator may not accept a recreational water activities health and safety undertaking from a person if the regulator has already accepted a WHS undertaking under the Work Health and Safety Act 2011 from the person for the same matter and for the same purpose.