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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Electricity Infrastructure
(Consequential Amendments) Bill 2021
No. , 2021
(Industry, Science, Energy and Resources)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Offshore
Electricity Infrastructure Act 2021, and for related
purposes
No. , 2021
Offshore Electricity Infrastructure (Consequential Amendments) Bill
2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments of offshore petroleum and greenhouse
gas storage legislation
3
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
Part 2--Amendments of other legislation
8
Coral Sea Islands Act 1969
8
Environment Protection and Biodiversity Conservation Act 1999
8
Sea Installations Act 1987
8
Telecommunications Act 1997
9
No. , 2021
Offshore Electricity Infrastructure (Consequential Amendments) Bill
2021
1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Offshore
2
Electricity Infrastructure Act 2021, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Offshore Electricity Infrastructure (Consequential
7
Amendments) Act 2021
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Offshore Electricity Infrastructure (Consequential Amendments) Bill
2021
No. , 2021
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as the
Offshore Electricity
Infrastructure Act 2021
commences.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
Amendments of offshore petroleum and greenhouse gas storage legislation
Part 1
No. , 2021
Offshore Electricity Infrastructure (Consequential Amendments) Bill
2021
3
Schedule 1--Amendments
1
Part 1--Amendments of offshore petroleum and
2
greenhouse gas storage legislation
3
Offshore Petroleum and Greenhouse Gas Storage Act 2006
4
1 Section 7
5
Insert:
6
OEI Minister
means the Minister administering the
Offshore
7
Electricity Infrastructure Act 2021
.
8
Offshore Infrastructure Registrar
means the Registrar within the
9
meaning of the
Offshore Electricity Infrastructure Act 2021
.
10
Offshore Infrastructure Regulator
means the Regulator within the
11
meaning of the
Offshore Electricity Infrastructure Act 2021
.
12
2 At the end of paragraph 280(2)(d)
13
Add:
14
(iii) offshore infrastructure activities (within the meaning of
15
the
Offshore Electricity Infrastructure Act 2021
); or
16
3 At the end of paragraph 460(2)(d)
17
Add:
18
(iii) offshore infrastructure activities (within the meaning of
19
the
Offshore Electricity Infrastructure Act 2021
); or
20
4 After section 649
21
Insert:
22
649A Functions and powers of NOPSEMA in its capacity as the
23
Offshore Infrastructure Regulator
24
(1) A reference in this Act to the functions or powers of NOPSEMA
25
does not include a reference to any functions or powers of
26
Schedule 1
Amendments
Part 1
Amendments of offshore petroleum and greenhouse gas storage legislation
4
Offshore Electricity Infrastructure (Consequential Amendments) Bill
2021
No. , 2021
NOPSEMA in its capacity as the Offshore Infrastructure
1
Regulator.
2
Note:
For an equivalent of this section in the
Offshore Electricity
3
Infrastructure Act 2021
, see subsection 175(2) of that Act.
4
(2) Subsection (1) does not prevent NOPSEMA from exercising a
5
power mentioned in subsection 648(2) in its capacity as the
6
Offshore Infrastructure Regulator.
7
5 Subsection 650(5)
8
Repeal the subsection (not including the heading), substitute:
9
(5) Subsections (1) and (3) do not authorise NOPSEMA to provide a
10
service if the provision of the service would:
11
(a) impede NOPSEMA's capacity to perform its other functions;
12
or
13
(b) impede NOPSEMA's capacity to perform the functions of
14
the Offshore Infrastructure Regulator.
15
6 At the end of section 672
16
Add:
17
Duties relating to the Offshore Infrastructure Regulator
18
(6) To avoid doubt, the reference to the CEO's duties in subsection (3)
19
includes the CEO's duties in respect of NOPSEMA in its capacity
20
as the Offshore Infrastructure Regulator.
21
7 Before section 678
22
Insert:
23
677A Corporate plan must deal separately with activities of the
24
Offshore Infrastructure Regulator
25
The corporate plan prepared by the CEO under section 35 of the
26
Public Governance, Performance and Accountability Act 2013
27
must consist of the following parts:
28
(a) a part that relates to the activities of NOPSEMA in its
29
capacity as the Offshore Infrastructure Regulator;
30
(b) a part that relates to all other activities of NOPSEMA.
31
Amendments
Schedule 1
Amendments of offshore petroleum and greenhouse gas storage legislation
Part 1
No. , 2021
Offshore Electricity Infrastructure (Consequential Amendments) Bill
2021
5
8 Subsection 678(1)
1
Omit "corporate plan prepared by the CEO under section 35 of the
2
Public Governance, Performance and Accountability Act 2013
",
3
substitute "part of the corporate plan referred to in paragraph 677A(b)".
4
9 Subsections 678(1A) and (2)
5
Omit "The corporate plan", substitute "That part of the corporate plan".
6
10 Subsection 678(3)
7
After "does not apply to", insert "any part of".
8
11 Paragraphs 679(1)(a) and (b)
9
Repeal the paragraphs, substitute:
10
(a) provide a copy of the part of the plan mentioned in
11
paragraph 677A(b) to each State and Northern Territory
12
Petroleum Minister; and
13
(b) consult those Ministers on the content of that part; and
14
(c) provide a copy of the part of the plan mentioned in
15
paragraph 677A(a) to the OEI Minister; and
16
(d) consult the OEI Minister on the content of that part.
17
12 Subsection 679(3)
18
Omit all the words after "safety matters", substitute:
19
relating to:
20
(a) particular offshore petroleum operations; or
21
(b) particular offshore greenhouse gas storage operations; or
22
(c) particular offshore infrastructure activities (within the
23
meaning of the
Offshore Electricity Infrastructure Act 2021
).
24
13 At the end of section 679
25
Add:
26
(8) The responsible Commonwealth Minister must not approve, or
27
direct the variation of, the part of a corporate plan mentioned in
28
paragraph 677A(a) without the approval of the OEI Minister.
29
Schedule 1
Amendments
Part 1
Amendments of offshore petroleum and greenhouse gas storage legislation
6
Offshore Electricity Infrastructure (Consequential Amendments) Bill
2021
No. , 2021
14 At the end of section 683
1
Add:
2
(3) Subsection (1) does not apply to money to which section 187 of the
3
Offshore Electricity Infrastructure Act 2021
applies.
4
Note:
Section 187 of the
Offshore Electricity Infrastructure Act 2021
applies
5
to money of NOPSEMA paid under that Act by the Commonwealth to
6
NOPSEMA in its capacity as the Offshore Infrastructure Regulator.
7
15 Before subsection 690(1) (before the heading)
8
Insert:
9
(1A) The annual report prepared by the CEO for the purposes of
10
section 46 of the
Public Governance, Performance and
11
Accountability Act 2013
must consist of the following parts:
12
(a) a part that relates to the activities of NOPSEMA in its
13
capacity as the Offshore Infrastructure Regulator;
14
(b) a part that relates to all other activities of NOPSEMA.
15
16 After subsection 690(2)
16
Insert:
17
(2A) Subsections (1) and (2) do not apply to the part of the report
18
mentioned in paragraph (1A)(a).
19
Offshore Infrastructure Regulator
20
(2B) The part of the annual report mentioned in paragraph (1A)(a) must
21
be given by the CEO to the Minister and the OEI Minister.
22
17 At the end of section 695
23
Add:
24
Offshore Infrastructure Regulator
25
(9) This section does not apply in relation to any activities of
26
NOPSEMA in its capacity as the Offshore Infrastructure
27
Regulator.
28
Amendments
Schedule 1
Amendments of offshore petroleum and greenhouse gas storage legislation
Part 1
No. , 2021
Offshore Electricity Infrastructure (Consequential Amendments) Bill
2021
7
18 Subsection 695A(1) (note)
1
Omit "Note", substitute "Note 1".
2
19 At the end of subsection 695A(1) (after the note)
3
Add:
4
Note 2:
The National Offshore Petroleum Titles Administrator may also be
5
appointed as the Offshore Infrastructure Registrar (see section 153 of
6
the
Offshore Electricity Infrastructure Act 2021
).
7
20 At the end of section 695N
8
Add:
9
Offshore Infrastructure Registrar
10
(3) If the Titles Administrator is appointed as the Offshore
11
Infrastructure Registrar, this section does not apply in relation to
12
any activities of the Titles Administrator in that capacity.
13
Note:
See section 153 of the
Offshore Electricity Infrastructure Act 2021
.
14
21 At the end of section 695P
15
Add:
16
Offshore Infrastructure Registrar
17
(9) If the Titles Administrator is appointed as the Offshore
18
Infrastructure Registrar, this section does not apply in relation to
19
any activities of the Titles Administrator in that capacity.
20
Note:
See section 153 of the
Offshore Electricity Infrastructure Act 2021
.
21
Schedule 1
Amendments
Part 2
Amendments of other legislation
8
Offshore Electricity Infrastructure (Consequential Amendments) Bill
2021
No. , 2021
Part 2--Amendments of other legislation
1
Coral Sea Islands Act 1969
2
22 Subsection 8(3)
3
Omit all the words after "of the provisions", substitute:
4
of:
5
(a) the
Offshore Electricity Infrastructure Act 2021
; or
6
(b) the
Offshore Petroleum and Greenhouse Gas Storage Act
7
2006
.
8
Environment Protection and Biodiversity Conservation Act
9
1999
10
23 After paragraph 524(3)(h)
11
Insert:
12
; (i) the
Offshore Electricity Infrastructure Act 2021
.
13
Sea Installations Act 1987
14
24 Subsection 4(1) (at the end of paragraphs (a), (d), (e), (f),
15
(g), (h), (j), (k), (m), (n), (p) and (qa) of the definition of
16
sea installation)
17
Add "or".
18
25 Subsection 4(1) (after paragraph (qa) of the definition of
19
sea installation)
20
Insert:
21
(qb) offshore renewable energy infrastructure (within the meaning
22
of the
Offshore Electricity Infrastructure Act 2021
) that is in
23
the Commonwealth offshore area (within the meaning of that
24
Act); or
25
(qc) offshore electricity transmission infrastructure (within the
26
meaning of the
Offshore Electricity Infrastructure Act 2021
)
27
Amendments
Schedule 1
Amendments of other legislation
Part 2
No. , 2021
Offshore Electricity Infrastructure (Consequential Amendments) Bill
2021
9
that is in the Commonwealth offshore area (within the
1
meaning of that Act); or
2
Telecommunications Act 1997
3
26 After paragraph 47(2)(f) of Schedule 3A
4
Insert:
5
(fa) the Offshore Infrastructure Registrar;
6