Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (COMPLIANCE MEASURES) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum and Greenhouse Gas
Storage Amendment (Compliance
Measures) Bill 2012
No. , 2012
(Resources and Energy)
A Bill for an Act to amend the Offshore Petroleum
and Greenhouse Gas Storage Act 2006, and for other
purposes
i Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill
2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Monitoring and investigation powers
4
Part 1--Application of the Regulatory Powers (Standard
Provisions) Act 2012
4
Offshore Petroleum and Greenhouse Gas Storage Act 2006
4
Part 2--Petroleum environmental inspections
22
Offshore Petroleum and Greenhouse Gas Storage Act 2006
22
Part 3--OHS inspections
42
Offshore Petroleum and Greenhouse Gas Storage Act 2006
42
Part 4--Consequential amendments
72
Division 1--General amendments
72
Offshore Petroleum and Greenhouse Gas Storage Act 2006
72
Division 2--NOPSEMA inspectors
75
Offshore Petroleum and Greenhouse Gas Storage Act 2006
75
Part 5--Transitional, application and savings provisions
76
Schedule 2--Offences and civil penalties
81
Part 1--Offences and civil penalty provisions
81
Offshore Petroleum and Greenhouse Gas Storage Act 2006
81
Part 2--Civil penalty enforcement
102
Offshore Petroleum and Greenhouse Gas Storage Act 2006
102
Part 3--Application and transitional
105
Schedule 3--Using and sharing information and things
106
Part 1--Amendments
106
Offshore Petroleum and Greenhouse Gas Storage Act 2006
106
Part 2--Application and transitional
111
Schedule 4--Joint Authority for Tasmania
112
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 ii
Part 1--Amendments
112
Offshore Petroleum and Greenhouse Gas Storage Act 2006
112
Part 2--Transitional
116
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 1
A Bill for an Act to amend the Offshore Petroleum
1
and Greenhouse Gas Storage Act 2006, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Offshore Petroleum and Greenhouse
6
Gas Storage Amendment (Compliance Measures) Act 2012.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Commencement information
Column 1
Column 2
Column 3
Provision(s)
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
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Parts 2 and 3 of the Regulatory Powers
(Standard Provisions) Act 2012.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
3. Schedule 2
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Part 4 of the Regulatory Powers
(Standard Provisions) Act 2012.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedules 3
and 4
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Schedule 1 Monitoring and investigation powers
Part 1 Application of the Regulatory Powers (Standard Provisions) Act 2012
4 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Schedule 1--Monitoring and investigation
1
powers
2
Part 1--Application of the Regulatory Powers
3
(Standard Provisions) Act 2012
4
Offshore Petroleum and Greenhouse Gas Storage Act 2006
5
1 Section 7
6
Insert:
7
NOPSEMA inspector means a person appointed as a NOPSEMA
8
inspector under section 602.
9
2 Section 7 (definition of petroleum project inspector)
10
Repeal the definition.
11
3 Section 7
12
Insert:
13
Regulatory Powers Act means the Regulatory Powers (Standard
14
Provisions) Act 2012.
15
4 Part 6.5 (heading)
16
Repeal the heading, substitute:
17
Part 6.5--Compliance and enforcement
18
5 Section 599
19
Omit:
20
·
NOPSEMA may appoint petroleum project inspectors, and the
21
petroleum project inspectors may exercise powers of access,
22
inspection and entry for the purposes of this Act and the
23
regulations.
24
substitute:
25
Monitoring and investigation powers Schedule 1
Application of the Regulatory Powers (Standard Provisions) Act 2012 Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 5
·
The CEO may appoint inspectors (called NOPSEMA
1
inspectors). The NOPSEMA inspectors may exercise powers
2
of entry, monitoring and investigation for the purposes of this
3
Act.
4
·
The exercise of some of these powers is provided for under
5
Parts 2 and 3 of the Regulatory Powers Act. Those Parts of
6
that Act are applied by this Division with suitable
7
modifications.
8
6 Sections 600 to 602
9
Repeal the sections, substitute:
10
600 Definitions--this Division
11
In this Division:
12
CEO means the Chief Executive Officer of NOPSEMA.
13
evidential material has the same meaning as in the Regulatory
14
Powers Act.
15
facility has the same meaning as in Schedule 3.
16
function includes duty.
17
listed NOPSEMA law: see section 601.
18
operator of a facility has the same meaning as in Schedule 3.
19
petroleum title means:
20
(a) a petroleum exploration permit; or
21
(b) a petroleum retention lease; or
22
(c) a petroleum production licence; or
23
(d) an infrastructure licence; or
24
(e) a pipeline licence; or
25
(f) a petroleum special prospecting authority; or
26
(g) a petroleum access authority; or
27
(h) a petroleum scientific investigation consent.
28
this Act includes a legislative instrument under this Act.
29
Schedule 1 Monitoring and investigation powers
Part 1 Application of the Regulatory Powers (Standard Provisions) Act 2012
6 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
601 Meaning of listed NOPSEMA law
1
(1) For the purposes of this Act, the provisions listed in the following
2
table are the listed NOPSEMA laws, to the extent provided in the
3
column headed "Provisions":
4
5
Listed NOPSEMA laws
Item Provisions
Topic
1
Chapter 2
Regulation of activities related to
petroleum
2
Chapter 4
Registration of transfers of, and
dealings in, petroleum titles
3
Sections 568 and 569
Works and operations obligations of
petroleum titleholders
4
Sections 571 and 572, to the extent
that the sections apply in relation to
petroleum titles
Insurance and property obligations
of petroleum titleholders
5
Part 6.2
Directions relating to petroleum
6
Division 1 of Part 6.4
Remedial directions for petroleum
titleholders
7
Division 1 of Part 6.5
Compliance and enforcement--
listed NOPSEMA laws
8
Part 6.6
Safety zones and the area to be
avoided
9
Part 6.7, to the extent that the Part
applies in relation to petroleum titles
Collection of fees and royalties
payable to the Titles Administrator
or the Commonwealth
10
Division 8 of Part 6.9
Collection of fees and levies payable
to NOPSEMA
11
Division 4 of Part 6.10, to the extent
that the Division applies in relation
to petroleum titles
Collection of fees and levies payable
to the Titles Administrator
12
Chapter 7
Information relating to petroleum
13
Schedule 2A
Petroleum environmental laws:
additional NOPSEMA inspection
powers
14
Schedule 3
Occupational health and safety
(applying to offshore petroleum
operations and offshore greenhouse
Monitoring and investigation powers Schedule 1
Application of the Regulatory Powers (Standard Provisions) Act 2012 Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 7
Listed NOPSEMA laws
Item Provisions
Topic
gas storage operations)
15
The provisions of the Offshore
Petroleum and Greenhouse Gas
Storage (Safety) Regulations 2009
Safety regulation (applying to
offshore petroleum operations and
offshore greenhouse gas storage
operations)
16
The provisions of the Offshore
Petroleum and Greenhouse Gas
Storage (Environment) Regulations
2009, to the extent that the
regulations apply in relation to
petroleum titles
Environment regulation
17
The provisions of Part 5 of the
Offshore Petroleum and Greenhouse
Gas Storage (Resource Management
and Administration) Regulations
2011, to the extent that the Part
applies in relation to petroleum titles
Structural integrity of petroleum
wells and well operations
18
The provisions of the Offshore
Petroleum and Greenhouse Gas
Storage (Resource Management and
Administration) Regulations 2011
(apart from Part 5), to the extent that
the regulations apply in relation to
petroleum titles
Resource management and
administration
19
A provision of a legislative
instrument under this Act, if (and to
the extent that) it is prescribed by
regulation for the purposes of this
section
As stated in the regulation
(2)
A
listed NOPSEMA law includes a requirement made under a
1
provision listed in the table in subsection (1).
2
602 NOPSEMA inspectors--appointment
3
Appointment generally
4
(1) The CEO may, in writing, appoint as NOPSEMA inspectors any of
5
the following:
6
Schedule 1 Monitoring and investigation powers
Part 1 Application of the Regulatory Powers (Standard Provisions) Act 2012
8 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(a) a member of the staff of NOPSEMA;
1
(b) an employee of the Commonwealth or of a Commonwealth
2
authority;
3
(c) an employee of a State or of the Northern Territory, or of an
4
authority of a State or of the Northern Territory.
5
(2) Despite subsection (1), the CEO may appoint as NOPSEMA
6
inspectors persons who are not covered by paragraph (1)(a), (b) or
7
(c), if the appointment is for a period, and for the performance of
8
functions, stated in the instrument of appointment.
9
(3) The CEO must not appoint a person as a NOPSEMA inspector
10
unless the CEO is satisfied that the person has suitable training or
11
experience to properly exercise the powers of a NOPSEMA
12
inspector (subject to any limitations as to powers or functions
13
stated in an instrument under subsection (2) or a direction under
14
602A).
15
Identity cards
16
(4) An identity card issued to a NOPSEMA inspector under the
17
Regulatory Powers Act must:
18
(a) state that the inspector is a NOPSEMA inspector for the
19
purposes of this Act; and
20
(b) if the inspector is appointed subject to any limitations as to
21
powers or functions stated in the instrument of appointment
22
under subsection (2)--state that limitation; and
23
(c) if the appointment is in relation to the Eastern Greater
24
Sunrise offshore area--identify the inspector as a Greater
25
Sunrise visiting inspector.
26
Powers etc. given by State or Territory PSLA
27
(5) In addition to the powers and functions given for the purposes of
28
this Act, a NOPSEMA inspector has all the powers and functions
29
that are given by or under a State PSLA or the Territory PSLA.
30
Monitoring and investigation powers Schedule 1
Application of the Regulatory Powers (Standard Provisions) Act 2012 Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 9
602A NOPSEMA inspectors--directions by CEO
1
Directions etc. by the CEO
2
(1) The CEO may give written directions stating conditions subject to
3
which a NOPSEMA inspector's powers may be exercised for the
4
purposes of this Act. If the CEO does so, the inspector's powers
5
must be exercised in accordance with those directions.
6
(2) The CEO may, by written notice, impose conditions (not
7
inconsistent with any directions under subsection (1)) on the
8
exercise of powers, or the performance of functions, by a particular
9
NOPSEMA inspector for the purposes of this Act. If the CEO does
10
so, the inspector's powers and functions are to be exercised or
11
performed subject to those conditions.
12
Status of directions and notices as legislative instruments
13
(3) If a direction under subsection (1) is of general application, the
14
direction is a legislative instrument.
15
(4) If a direction under subsection (1) is not of general application, the
16
direction is not a legislative instrument.
17
(5) A notice under subsection (2) is not a legislative instrument.
18
602B NOPSEMA inspectors--reimbursement for exercise of powers
19
relating to the Titles Administrator
20
Scope
21
(1) This section applies if a NOPSEMA inspector:
22
(a) engages in activities that are preparatory to the exercise, or
23
the possible exercise, of a power for a purpose that relates to
24
the powers or functions of the Titles Administrator; or
25
(b) exercises a power for a purpose that relates to the powers or
26
functions of the Titles Administrator.
27
Reimbursement
28
(2) NOPSEMA and the Titles Administrator may, with the agreement
29
of the responsible Commonwealth Minister, make a written
30
determination that provides that an amount worked out in
31
Schedule 1 Monitoring and investigation powers
Part 1 Application of the Regulatory Powers (Standard Provisions) Act 2012
10 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
accordance with the determination is, on a day worked out in
1
accordance with the determination, to be:
2
(a) debited from the National Offshore Petroleum Titles
3
Administrator Special Account; and
4
(b) credited to the National Offshore Petroleum Safety and
5
Environmental Management Authority Special Account.
6
(3) The Titles Administrator must publish a determination under
7
subsection (2) on the Department's website.
8
(4) A determination under subsection (2) is not a legislative
9
instrument.
10
602C Listed NOPSEMA laws--monitoring powers (general)
11
Provisions subject to monitoring
12
(1) The listed NOPSEMA laws are subject to monitoring under Part 2
13
of the Regulatory Powers Act.
14
Note 1:
Part 2 of the Regulatory Powers Act creates a framework for
15
monitoring whether the listed NOPSEMA laws have been complied
16
with. It includes powers of entry, search and inspection (see section 20
17
of that Act).
18
Note 2:
For the listed NOPSEMA laws, see section 601.
19
Information subject to monitoring
20
(2) Information given in compliance or purported compliance with one
21
or more of the listed NOPSEMA laws is subject to monitoring
22
under Part 2 of the Regulatory Powers Act.
23
Note:
Part 2 of the Regulatory Powers Act creates a framework for
24
monitoring whether the information is correct. It includes powers of
25
entry, search and inspection (see section 20 of that Act).
26
Related provisions
27
(3) For the purposes of Part 2 of the Regulatory Powers Act, each of
28
the following is related to the listed NOPSEMA laws and the
29
information mentioned in subsection (2):
30
(a) a provision for an offence against this Act;
31
(b) a civil penalty provision under this Act;
32
Monitoring and investigation powers Schedule 1
Application of the Regulatory Powers (Standard Provisions) Act 2012 Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 11
(c) a provision for an offence against the Crimes Act 1914 or the
1
Criminal Code that relates to this Act.
2
Authorised applicant
3
(4) For the purposes of Part 2 of the Regulatory Powers Act, a
4
NOPSEMA inspector is an authorised applicant in relation to both
5
of the following:
6
(a) the listed NOPSEMA laws;
7
(b) the information mentioned in subsection (2).
8
Authorised person
9
(5) For the purposes of Part 2 of the Regulatory Powers Act, a
10
NOPSEMA inspector is an authorised person in relation to both of
11
the following:
12
(a) the listed NOPSEMA laws;
13
(b) the information mentioned in subsection (2).
14
Issuing officer
15
(6) For the purposes of Part 2 of the Regulatory Powers Act, a
16
magistrate, or a Judge of the Federal Circuit Court, is an issuing
17
officer in relation to both of the following:
18
(a) the listed NOPSEMA laws;
19
(b) the information mentioned in subsection (2).
20
Relevant chief executive
21
(7) For the purposes of Part 2 of the Regulatory Powers Act, the CEO
22
is the relevant chief executive in relation to both of the following:
23
(a) the listed NOPSEMA laws;
24
(b) the information mentioned in subsection (2).
25
Relevant court
26
(8) For the purposes of Part 2 of the Regulatory Powers Act, each of
27
the following courts is a relevant court in relation to the listed
28
NOPSEMA laws and the information mentioned in subsection (2):
29
(a)
the
Federal
Court;
30
(b) the Federal Circuit Court;
31
Schedule 1 Monitoring and investigation powers
Part 1 Application of the Regulatory Powers (Standard Provisions) Act 2012
12 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(c) the Supreme Court of a State or Territory.
1
Person assisting
2
(9) For the purposes of Part 2 of the Regulatory Powers Act, a
3
NOPSEMA inspector may be assisted by a member (or members)
4
of the staff of NOPSEMA in exercising powers or performing
5
functions in relation to both of the following:
6
(a) the listed NOPSEMA laws;
7
(b) the information mentioned in subsection (2).
8
Extension to offshore areas
9
(10) Part 2 of the Regulatory Powers Act extends to each offshore area,
10
in the application of that Part in relation to both of the following:
11
(a) the listed NOPSEMA laws;
12
(b) the information mentioned in subsection (2).
13
Note:
Under Schedule 3 to this Act, NOPSEMA inspectors may exercise
14
additional powers, and perform additional functions, for the purpose
15
of monitoring listed OHS laws, environmental management laws and
16
structural integrity laws.
17
602D Listed NOPSEMA laws--investigation powers (general)
18
Offences and civil penalty provisions that are subject to
19
investigation
20
(1) The following are subject to investigation under Part 3 of the
21
Regulatory Powers Act:
22
(a) an offence against a listed NOPSEMA law;
23
(b) a civil penalty provision that is a listed NOPSEMA law;
24
(c) an offence against the Crimes Act 1914 or the Criminal Code
25
that relates to an offence against a listed NOPSEMA law.
26
Note 1:
Part 3 of the Regulatory Powers Act creates a framework for
27
investigating whether offences or civil penalty provisions that are
28
subject to investigation have been committed or contravened. It
29
includes powers of entry, search, inspection and seizure (see
30
section 50 of that Act).
31
Note 2:
For the listed NOPSEMA laws, see section 601.
32
Monitoring and investigation powers Schedule 1
Application of the Regulatory Powers (Standard Provisions) Act 2012 Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 13
Related provisions
1
(2) For the purposes of Part 3 of the Regulatory Powers Act, each of
2
the following is related to evidential material that relates to an
3
offence or civil penalty provision mentioned in subsection (1):
4
(a) a provision for an offence against this Act;
5
(b) a civil penalty provision under this Act;
6
(c) a provision for an offence against the Crimes Act 1914 or the
7
Criminal Code that relates to this Act.
8
Authorised applicant
9
(3) For the purposes of Part 3 of the Regulatory Powers Act, a
10
NOPSEMA inspector is an authorised applicant in relation to
11
evidential material that relates to an offence or civil penalty
12
provision mentioned in subsection (1).
13
Authorised person
14
(4) For the purposes of Part 3 of the Regulatory Powers Act, a
15
NOPSEMA inspector is an authorised person in relation to
16
evidential material that relates to an offence or civil penalty
17
provision mentioned in subsection (1).
18
Issuing officer
19
(5) For the purposes of Part 3 of the Regulatory Powers Act, a
20
magistrate, or a Judge of the Federal Circuit Court, is an issuing
21
officer in relation to evidential material that relates to an offence or
22
civil penalty provision mentioned in subsection (1).
23
Relevant chief executive
24
(6) For the purposes of Part 3 of the Regulatory Powers Act, the CEO
25
is the relevant chief executive in relation to evidential material that
26
relates to an offence or civil penalty provision mentioned in
27
subsection (1).
28
Relevant court
29
(7) For the purposes of Part 3 of the Regulatory Powers Act, each of
30
the following courts is a relevant court in relation to evidential
31
Schedule 1 Monitoring and investigation powers
Part 1 Application of the Regulatory Powers (Standard Provisions) Act 2012
14 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
material that relates to an offence or civil penalty provision
1
mentioned in subsection (1):
2
(a)
the
Federal
Court;
3
(b) the Federal Circuit Court;
4
(c) the Supreme Court of a State or Territory.
5
Person assisting
6
(8) For the purposes of Part 3 of the Regulatory Powers Act, a
7
NOPSEMA inspector may be assisted by a member (or members)
8
of the staff of NOPSEMA in exercising powers or performing
9
functions in relation to evidential material that relates to an offence
10
or civil penalty provision mentioned in subsection (1).
11
Use of force in executing a warrant
12
(9) In executing an investigation warrant:
13
(a) an authorised person may use such force against things as is
14
necessary and reasonable in the circumstances; and
15
(b) a person assisting the authorised person may use such force
16
against things as is necessary and reasonable in the
17
circumstances.
18
Extension to offshore areas
19
(10) Part 3 of the Regulatory Powers Act, as it applies in relation to an
20
offence or civil penalty provision mentioned in subsection (1),
21
extends to each offshore area.
22
602E Listed NOPSEMA laws--additional powers
23
Additional powers
24
(1) A NOPSEMA inspector may exercise the powers covered by
25
subsection (2) after entering premises under Part 3 of the
26
Regulatory Powers Act (as it applies under this Division).
27
Powers that may be exercised
28
(2) The powers covered by this subsection are as follows:
29
(a) if the inspector's entry is in connection with a listed
30
NOPSEMA law that is a petroleum environmental law--the
31
Monitoring and investigation powers Schedule 1
Application of the Regulatory Powers (Standard Provisions) Act 2012 Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 15
power in relation to the premises that the inspector would
1
have, if the inspector had entered the premises for the
2
purposes of a petroleum environmental inspection under
3
Schedule 2A, to issue a do not disturb notice under clause 10
4
of Schedule 2A;
5
(b) if the inspector's entry is in connection with a listed
6
NOPSEMA law that is a listed OHS law--the powers in
7
relation to the premises that the inspector would have, if the
8
inspector had entered the premises for the purposes of an
9
OHS inspection under Schedule 3, to issue any of the
10
following:
11
(i) a do not disturb notice under clause 76 of Schedule 3;
12
(ii) a prohibition notice under clause 77 of Schedule 3;
13
(iii) an improvement notice under clause 78 of Schedule 3.
14
Application of Schedule 2A and Schedule 3
15
(3) Schedule 2A applies in relation to the exercise (as provided by this
16
section) of a power covered by paragraph (2)(a) as if the inspector
17
were conducting a petroleum environmental inspection under that
18
Schedule.
19
(4) Schedule 3 applies in relation to the exercise (as provided by this
20
section) of a power covered by paragraph (2)(b) as if the inspector
21
were conducting an OHS inspection under that Schedule.
22
602F Listed NOPSEMA laws--monitoring and investigation powers
23
(special provisions)
24
Scope
25
(1) This section provides for extended or alternative meanings of terms
26
used in Part 2 or 3 of the Regulatory Powers Act in the application
27
of that Part under this Division.
28
Premises
29
(2) In that application (and without limiting its meaning under that
30
Act) premises includes any vessel, structure or other thing located
31
in an offshore area that is used, or that has been used, for the
32
purposes of either of the following (within the meaning of
33
Part 6.9):
34
Schedule 1 Monitoring and investigation powers
Part 1 Application of the Regulatory Powers (Standard Provisions) Act 2012
16 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(a) offshore petroleum operations;
1
(b) offshore greenhouse gas storage operations.
2
Examples of premises:
3
(a) a facility (within the meaning of Schedule 3); and
4
(b) an infrastructure facility (see section 15); and
5
(c) a petroleum pipeline.
6
Occupiers of premises located offshore
7
(3) In that application, but only in relation to the exercise of powers by
8
a NOPSEMA inspector at premises that are located in an offshore
9
area, occupier means:
10
(a) in the case of the exercise of powers at a facility in relation to
11
a listed NOPSEMA law that is a listed OHS law--the
12
operator's representative at the facility (within the meaning
13
of Schedule 3); or
14
(b) if paragraph (a) does not apply, and the premises are a vessel
15
under the command or charge of a master--the master; or
16
(c) if paragraphs (a) and (b) do not apply, and the powers are
17
exercised in relation to any listed NOPSEMA law that is a
18
petroleum environmental law--the titleholder's
19
representative (if any) at the premises; or
20
(d) if there is no occupier at the premises as provided under
21
paragraph (a), (b) or (c)--the person at the premises who
22
appears to be in overall control of the premises.
23
Note:
In the case of premises that are not located in an offshore area,
24
occupier would have its ordinary meaning as applied under the
25
Regulatory Powers Act.
26
602G Listed NOPSEMA laws--monitoring and investigation powers
27
(reasonable facilities and assistance)
28
Scope
29
(1) This section applies if any powers are to be exercised by a
30
NOPSEMA inspector under the Regulatory Powers Act as it
31
applies under this Division in relation to premises that are located
32
in an offshore area.
33
Note:
For the meaning of premises in this context, see section 602F.
34
Monitoring and investigation powers Schedule 1
Application of the Regulatory Powers (Standard Provisions) Act 2012 Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 17
Reasonable facilities and assistance
1
(2) For the purposes of the application of section 32 or 64 of the
2
Regulatory Powers Act under this Division, in addition to any
3
facilities or assistance that must otherwise be provided under those
4
sections in that application, the responsible person must provide:
5
(a) appropriate transport to or from the premises for the
6
following:
7
(i) the NOPSEMA inspector;
8
(ii) any person assisting the inspector (within the meaning
9
of section 24 or 54 of the Regulatory Powers Act as that
10
section applies under this Division);
11
(iii) any equipment required by the inspector;
12
(iv) any thing of which the inspector has taken possession;
13
and
14
(b) reasonable accommodation and means of subsistence for the
15
inspector, and any such person assisting the inspector, while
16
the inspector is at the premises.
17
Note:
A NOPSEMA inspector may be assisted by a member of staff of
18
NOPSEMA (see sections 602C and 602D). Any such assistance must
19
be necessary and reasonable (see sections 24 and 54 of the Regulatory
20
Powers Act).
21
(3) In this section:
22
responsible person means:
23
(a) if the powers are to be exercised in relation to a facility--the
24
operator of the facility; or
25
(b) in any other case--the registered holder of a petroleum title
26
in relation to which the powers are to be exercised.
27
602H Listed NOPSEMA laws--monitoring and investigation powers
28
(Greater Sunrise visiting inspectors)
29
(1) For the purposes of this Act, a Greater Sunrise visiting inspector
30
who produces, at a reasonable time, the inspector's identity card:
31
(a) is to be given access to the regions in the following areas:
32
(i) the Eastern Greater Sunrise offshore area;
33
(ii) the Principal Northern Territory offshore area; and
34
(b) is to be given access to any structure, vessel, aircraft or
35
building in that region that, in that inspector's opinion,
36
Schedule 1 Monitoring and investigation powers
Part 1 Application of the Regulatory Powers (Standard Provisions) Act 2012
18 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
contains any equipment used to measure amounts of
1
petroleum recovered from one or more of the Greater Sunrise
2
unit reservoirs; and
3
(c) may inspect and test any equipment that, in that inspector's
4
opinion, is being used in that region to measure amounts of
5
petroleum recovered from one or more of the Greater Sunrise
6
unit reservoirs.
7
Note: A
Greater Sunrise visiting inspector is a NOPSEMA inspector whose
8
identity card identifies the inspector as such (see subsection 602(4)).
9
(2) A Greater Sunrise visiting inspector must not, in his or her capacity
10
as such, exercise any other powers of a NOPSEMA inspector
11
under the Regulatory Powers Act (as applied by this Division), or
12
otherwise under this Act.
13
602J Petroleum environmental laws--additional powers
14
NOPSEMA and NOPSEMA inspectors have the powers and
15
functions given by Schedule 2A in relation to the petroleum
16
environmental laws.
17
602K NOPSEMA inspections--titleholder's representative
18
Scope
19
(1) This section applies in relation to an inspection by a NOPSEMA
20
inspector at offshore premises that is wholly or partly in relation to
21
a titleholder's compliance with the titleholder's obligations.
22
Meaning of titleholder's representative
23
(2) For the purposes of this Act, a titleholder's representative is a
24
person nominated by the titleholder under this section who is
25
present at the offshore premises in compliance with a requirement
26
imposed on the titleholder by paragraph (5)(b).
27
Nomination of titleholder representative
28
(3) For the purposes of an inspection, a NOPSEMA inspector may, by
29
written notice to the titleholder, require the titleholder to nominate
30
a representative to be present at offshore premises at the time
31
stated in the notice.
32
Monitoring and investigation powers Schedule 1
Application of the Regulatory Powers (Standard Provisions) Act 2012 Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 19
(4) Subsection (3) does not imply that, if the titleholder is an
1
individual, the nominated representative of the titleholder may not
2
be that individual.
3
(5) The titleholder must:
4
(a) by written notice to the NOPSEMA inspector, nominate a
5
representative as required by the notice under subsection (3);
6
and
7
(b) take all reasonably practicable steps to ensure that the
8
nominated representative is present at the offshore premises
9
at the time stated in the notice, and remains at the offshore
10
premises after the stated time until no longer required for the
11
purposes of the inspection.
12
Offence
13
(6) A person commits an offence of strict liability if:
14
(a) the person is subject to a requirement under subsection (5);
15
and
16
(b) the person omits to do an act; and
17
(c) the omission breaches the requirement.
18
Penalty: 50 penalty units.
19
Note:
For strict liability, see section 6.1 of the Criminal Code.
20
Civil penalty
21
(7) A person who is subject to a requirement under subsection (5) must
22
comply with the requirement.
23
Civil penalty:
135 penalty units.
24
Definitions
25
(8) In this section:
26
greenhouse gas title means:
27
(a) a greenhouse gas assessment permit; or
28
(b) a greenhouse gas holding lease; or
29
(c) a greenhouse gas injection licence.
30
inspection means:
31
Schedule 1 Monitoring and investigation powers
Part 1 Application of the Regulatory Powers (Standard Provisions) Act 2012
20 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(a) an inspection under Part 2 or 3 of the Regulatory Powers Act,
1
as applied by this Division; or
2
(b) a petroleum environmental inspection under Schedule 2A; or
3
(c) an OHS inspection under Part 4 of Schedule 3.
4
offshore premises means:
5
(a) a facility; or
6
(b) offshore petroleum premises within the meaning of
7
Schedule 2A (which deals with inspections concerning
8
petroleum environmental laws).
9
petroleum title: see section 600.
10
titleholder means the registered holder of:
11
(a) a petroleum title; or
12
(b) a greenhouse gas title.
13
titleholder's obligations means the obligations of a titleholder to
14
comply with:
15
(a) for an inspection under Part 2 or 3 of the Regulatory Powers
16
Act, as applied by this Division--a listed NOPSEMA law; or
17
(b) for a petroleum environmental inspection under
18
Schedule 2A--a petroleum environmental law; or
19
(c) for an OHS inspection under Part 4 of Schedule 3:
20
(i) clause 13A of Schedule 3 (petroleum titleholder duty of
21
care); or
22
(ii) Part 5 of the Offshore Petroleum and Greenhouse Gas
23
Storage (Resource Management and Administration)
24
Regulations 2011, to the extent that the Part relates to
25
petroleum titles; or
26
(iii) clause 13B of Schedule 3 (greenhouse gas titleholder
27
duty of care).
28
602L Listed NOPSEMA laws--monitoring and investigation powers
29
(relationship with other powers)
30
The exercise or performance by a NOPSEMA inspector (or any
31
other person) of a power or function under Part 2 or 3 of the
32
Regulatory Powers Act, as it applies under this Division:
33
Monitoring and investigation powers Schedule 1
Application of the Regulatory Powers (Standard Provisions) Act 2012 Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 21
(a) does not prevent the inspector (or other person) from
1
exercising or performing a power or function under any
2
provision of this Act; and
3
(b) is not prevented by the exercise or performance by a
4
NOPSEMA inspector (or any other person) of a power or
5
function under any provision of this Act.
6
Note:
NOPSEMA inspectors may also exercise other powers under this Act.
7
For example:
8
(a) under section 602J and Schedule 2A, in relation to provisions of
9
this Act that are petroleum environmental laws; and
10
(b) under Part 6.8 and Schedule 3, in relation to provisions of this
11
Act that are listed OHS laws.
12
7 Division 6 of Part 6.9 of Chapter 6
13
Repeal the Division.
14
8 At the end of Part 9.11
15
Add:
16
790A Regulations dealing with the Regulatory Powers Act
17
Regulations
may:
18
(a) make a provision of a regulation a civil penalty provision
19
(see Part 4 of the Regulatory Powers Act); and
20
(b) modify the Regulatory Powers Act as it applies in relation to
21
a regulation.
22
Schedule 1 Monitoring and investigation powers
Part 2 Petroleum environmental inspections
22 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Part 2--Petroleum environmental inspections
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006
2
9 After Schedule 2
3
Insert:
4
Schedule 2A--Petroleum environmental laws:
5
additional NOPSEMA inspection
6
powers
7
Note: See
section
602J.
8
Part 1--Introduction
9
10
1 Simplified outline
11
The following is a simplified outline of this Schedule:
12
·
This Schedule covers those provisions of this Act (called
13
petroleum environmental laws) that concern offshore
14
petroleum management in Commonwealth waters (see
15
clause 2).
16
·
NOPSEMA inspectors may conduct an inspection (called a
17
petroleum environmental inspection) to monitor compliance
18
with petroleum environmental laws.
19
·
A NOPSEMA inspector must prepare a report about an
20
inspection and give the report to NOPSEMA.
21
·
The powers that a NOPSEMA inspector may exercise for the
22
purposes of a petroleum environmental inspection are in
23
addition to the powers in relation to petroleum environmental
24
laws that the inspector may exercise for the purposes of
25
Division 1 of Part 6.5 of this Act.
26
Monitoring and investigation powers Schedule 1
Petroleum environmental inspections Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 23
2 Definitions
1
In this Schedule:
2
Commonwealth waters has the same meaning as in Part 6.9 of this
3
Act.
4
do not disturb notice means a notice issued under clause 10.
5
enter, when used in relation to offshore petroleum premises that
6
are a vessel, includes board.
7
facility: means a facility, within the meaning of Schedule 3, that is
8
or is to be used, or has been used, for offshore petroleum
9
operations (within the meaning of Part 6.9 of this Act).
10
master, in relation to a vessel, means the person having command
11
or charge of the vessel.
12
offence against a petroleum environmental law: see clause 14.
13
offshore petroleum premises means any of the following, if
14
located in Commonwealth waters:
15
(a)
a
facility;
16
(b) an infrastructure facility that is (or has been) the subject of an
17
infrastructure licence, and that is or is to be operated, or that
18
has been operated, for petroleum activities, as mentioned in
19
subsection 15(2);
20
(c) a vessel that is or is to be used, or that has been used, to carry
21
out a seismic survey for the purposes of petroleum
22
exploration;
23
(d) any other premises, other than a vessel under the command or
24
charge of a master, that are or are to be used, or that have
25
been used, for the carrying out of an activity in connection
26
with the exercise of a titleholder's rights, or the performance
27
of a titleholder's obligations, under this Act.
28
operator, in relation to a facility, has the same meaning as in
29
Schedule 3.
30
operator's representative at the facility has the same meaning as in
31
Schedule 3.
32
own includes own jointly or own in part.
33
Schedule 1 Monitoring and investigation powers
Part 2 Petroleum environmental inspections
24 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
petroleum environmental inspection: see clause 3.
1
petroleum environmental law:
2
(a) means the provisions of this Act, to the extent to which the
3
provisions relate to offshore petroleum environmental
4
management (within the meaning of Part 6.9 of this Act) in
5
relation to Commonwealth waters; and
6
(b) includes a requirement made under a provision of this Act, to
7
the extent mentioned in paragraph (a).
8
petroleum title means:
9
(a) a petroleum exploration permit; or
10
(b) a petroleum retention lease; or
11
(c) a petroleum production licence; or
12
(d) an infrastructure licence; or
13
(e) a pipeline licence; or
14
(f) a petroleum special prospecting authority; or
15
(g) a petroleum access authority; or
16
(h) a petroleum scientific investigation consent.
17
plant includes any machinery, equipment or tool, or any
18
component.
19
premises has the same meaning as in the Regulatory Powers Act in
20
its application under Division 1 of Part 6.5 of this Act (see
21
section 602F of this Act).
22
regulated business premises means premises, other than offshore
23
petroleum premises, that are:
24
(a) occupied by the registered holder of a petroleum title; and
25
(b) used, or proposed to be used, wholly or principally in
26
connection with operations in relation to one or more
27
petroleum titles, including that petroleum title.
28
this Act includes a legislative instrument under this Act.
29
titleholder means the registered holder of a petroleum title.
30
titleholder's representative, in relation to a titleholder within the
31
meaning of this Schedule, has the meaning given by section 602K.
32
Monitoring and investigation powers Schedule 1
Petroleum environmental inspections Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 25
Part 2--Petroleum environmental inspections
1
Division 1--Petroleum environmental inspections: general
2
provisions
3
3 Petroleum environmental inspections--nature of inspections
4
What is a petroleum environmental inspection?
5
(1)
A
petroleum environmental inspection is an inspection under this
6
Part. Such an inspection:
7
(a) includes an investigation or inquiry; and
8
(b) need not include a physical inspection of any premises or
9
thing.
10
Inspections--general power
11
(2) A NOPSEMA inspector may, at any time, conduct a petroleum
12
environmental inspection:
13
(a) to determine whether a petroleum environmental law has
14
been, or is being, complied with; or
15
(b) to determine whether information given in compliance, or
16
purported compliance, with a petroleum environmental law is
17
correct.
18
The inspection may be conducted at the inspector's own initiative
19
or in compliance with a direction under subclause (3).
20
Inspections--directed by NOPSEMA
21
(3) NOPSEMA may give a written direction to a NOPSEMA inspector
22
to conduct a petroleum environmental inspection.
23
(4) The NOPSEMA inspector must conduct a petroleum
24
environmental inspection as directed under subclause (3).
25
Schedule 1 Monitoring and investigation powers
Part 2 Petroleum environmental inspections
26 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
4 Petroleum environmental inspections--offshore petroleum
1
premises
2
Power to enter and search
3
(1) A NOPSEMA inspector may, for the purposes of a petroleum
4
environmental inspection, at any reasonable time during the day or
5
night:
6
(a) enter offshore petroleum premises at which activities to
7
which the inspection relates are being, or have been, carried
8
on, and do any or all of the following:
9
(i) search the premises;
10
(ii) inspect, examine or measure, or conduct tests
11
concerning, the premises (including any part of the
12
premises and any plant, substance or thing at the
13
premises);
14
(iii) take photographs of, make video recordings of, or make
15
sketches of, the premises (including any part of the
16
premises and any plant, substance or thing at the
17
premises);
18
(iv) inspect, take extracts from, or make copies of, any
19
documents at the premises that the inspector is satisfied
20
on reasonable grounds relate, or are likely to relate, to
21
the subject matter of the inspection; and
22
(b) inspect the seabed and subsoil in the vicinity of the offshore
23
petroleum premises to which the inspection relates.
24
Notification of entry
25
(2) Immediately on entering the offshore petroleum premises for the
26
purposes of the inspection, a NOPSEMA inspector must take
27
reasonable steps to notify the purpose of the entry to the following
28
person (the occupier):
29
(a) if the premises are a vessel under the command or charge of a
30
master--the master;
31
(b) if paragraph (a) does not apply:
32
(i) the titleholder's representative at the premises who is
33
nominated for the inspection; or
34
Monitoring and investigation powers Schedule 1
Petroleum environmental inspections Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 27
(ii) if there is no titleholder's representative at the
1
premises--the person at the premises who appears to be
2
in overall control of the premises.
3
(3) The inspector must, on being requested to do so by the occupier,
4
produce for inspection by the occupier:
5
(a) the inspector's identity card; and
6
(b) a copy of NOPSEMA's written direction (if any) to conduct
7
the inspection; and
8
(c) a copy of any directions given by the CEO under
9
section 602A in relation to the exercise of the inspector's
10
powers.
11
5 Petroleum environmental inspections--regulated business
12
premises
13
Power to enter and search
14
(1) A NOPSEMA inspector may, for the purposes of a petroleum
15
environmental inspection:
16
(a) at any reasonable time, enter any regulated business premises
17
if the inspector is satisfied on reasonable grounds that there
18
are likely to be at those premises documents or things that
19
relate to:
20
(i) operations conducted for the purposes of a petroleum
21
title; or
22
(ii) compliance or non-compliance with a petroleum
23
environmental law; and
24
(b) search for, inspect, take extracts from, or make copies of, any
25
such documents at those premises.
26
Notification of entry
27
(2) Immediately on entering regulated business premises for the
28
purposes of an inspection, a NOPSEMA inspector must take
29
reasonable steps to notify the purpose of the entry to the occupier
30
of the premises.
31
(3) The inspector must, on being requested to do so by the occupier,
32
produce for inspection by the occupier:
33
Schedule 1 Monitoring and investigation powers
Part 2 Petroleum environmental inspections
28 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(a) the inspector's identity card; and
1
(b) a copy of NOPSEMA's written direction (if any) to conduct
2
the inspection; and
3
(c) a copy of any directions issued by NOPSEMA under
4
section 602A in relation to the exercise of the inspector's
5
powers.
6
6 Petroleum environmental inspections--obstructing or hindering
7
NOPSEMA inspector
8
(1) A person commits an offence if:
9
(a) the person engages in conduct; and
10
(b) the conduct obstructs or hinders a NOPSEMA inspector in
11
the exercise of the inspector's powers under clause 4 or 5.
12
Penalty: 60 penalty units.
13
(2) A person is liable for a civil penalty if the person obstructs or
14
hinders a NOPSEMA inspector in the exercise of the inspector's
15
powers under clause 4 or 5.
16
Civil penalty:
135 penalty units.
17
(3) Subclause (1) or (2) does not apply if the person has a reasonable
18
excuse.
19
Note 1:
In proceedings for an offence against subclause (1), the defendant
20
bears an evidential burden in relation to the matter in subclause (3)--
21
see subsection 13.3(3) of the Criminal Code. The same applies in
22
proceedings for a civil penalty under subclause (2).
23
Note 2:
See also Part 2.3 of the Criminal Code (circumstances in which there
24
is no criminal responsibility).
25
Note 3:
The same conduct may be an offence against both subclause (1) of this
26
clause and section 149.1 of the Criminal Code.
27
Monitoring and investigation powers Schedule 1
Petroleum environmental inspections Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 29
Division 2--Petroleum environmental inspections:
1
compliance powers
2
7 Petroleum environmental inspections--power to require assistance
3
Requirement to provide assistance
4
(1) A NOPSEMA inspector may, to the extent that it is reasonably
5
necessary to do so in connection with the conduct of a petroleum
6
environmental inspection at or near offshore petroleum premises in
7
relation to a petroleum title, require:
8
(a) the titleholder; or
9
(b) the titleholder's representative at the premises who is
10
nominated for the inspection;
11
to provide the inspector with reasonable assistance and facilities:
12
(c) that is or are reasonably connected with the conduct of the
13
inspection at or near the premises; or
14
(d) for the effective exercise of the inspector's powers in
15
connection with the conduct of the inspection at or near the
16
premises.
17
(2) The reasonable assistance referred to in subclause (1) includes, so
18
far as the titleholder is concerned:
19
(a) appropriate transport to or from the premises for the inspector
20
and for any equipment required by the inspector, or any thing
21
of which the NOPSEMA inspector has taken possession; and
22
(b) reasonable accommodation and means of subsistence while
23
the inspector is at the premises.
24
Offence
25
(3) A person commits an offence if:
26
(a) the person is subject to a requirement under this clause; and
27
(b) the person omits to do an act; and
28
(c) the omission breaches the requirement.
29
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
30
(4) Subclause (3) does not apply if the person has a reasonable excuse.
31
Note 1:
A defendant bears an evidential burden in relation to the matter in
32
subclause (4)--see subsection 13.3(3) of the Criminal Code.
33
Schedule 1 Monitoring and investigation powers
Part 2 Petroleum environmental inspections
30 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Note 2:
See also Part 2.3 of the Criminal Code (circumstances in which there
1
is no criminal responsibility).
2
8 Petroleum environmental inspections--powers to require
3
information, and the production of documents and things
4
Requirement to answer questions
5
(1)
If:
6
(a) a NOPSEMA inspector is satisfied on reasonable grounds
7
that a person is capable of answering a question that is
8
reasonably connected with the conduct of a petroleum
9
environmental inspection in relation to a petroleum title; and
10
(b) the person is:
11
(i) the titleholder; or
12
(ii) in the case of an inspection at offshore petroleum
13
premises--the titleholder's representative at the
14
premises who is nominated for the inspection, or any
15
person engaged in petroleum activities at the premises;
16
or
17
(iii) in the case of an inspection at regulated business
18
premises--any person representing the titleholder;
19
the inspector may, to the extent that it is reasonably necessary to do
20
so in connection with the conduct of the inspection, require the
21
person to answer the question put by the inspector.
22
(2) If, at the time when a requirement under subclause (1) is imposed
23
on a person, the person is not physically present at offshore
24
petroleum premises or regulated business premises, the person is
25
not obliged to comply with the requirement unless the requirement:
26
(a) is in writing; and
27
(b) specifies the day on or before which the question is to be
28
answered; and
29
(c) is accompanied by a statement to the effect that a failure to
30
comply with the requirement is an offence.
31
The day specified under paragraph (b) must be at least 14 days
32
after the day the requirement is imposed.
33
Requirement to produce documents or things
34
(3)
If:
35
Monitoring and investigation powers Schedule 1
Petroleum environmental inspections Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 31
(a) a NOPSEMA inspector is satisfied on reasonable grounds
1
that a person is capable of producing a document or thing that
2
is reasonably connected with the conduct of a petroleum
3
environmental inspection in relation to a petroleum title; and
4
(b) the person is:
5
(i) the titleholder; or
6
(ii) in the case of an inspection at offshore petroleum
7
premises--the titleholder's representative at the
8
premises who is nominated for the inspection, or any
9
person engaged in petroleum activities at the premises;
10
or
11
(iii) in the case of an inspection at regulated business
12
premises--any person representing the titleholder;
13
the inspector may, to the extent that it is reasonably necessary to do
14
so in connection with the conduct of the inspection, require the
15
person to produce the document or thing.
16
(4) If, at the time when a requirement under subclause (3) is imposed
17
on a person, the person is not physically present at offshore
18
petroleum premises or regulated business premises, the person is
19
not obliged to comply with the requirement unless the requirement:
20
(a) is in writing; and
21
(b) specifies the day on or before which the document or thing is
22
to be produced; and
23
(c) is accompanied by a statement to the effect that a failure to
24
comply with the requirement is an offence.
25
The day specified under paragraph (b) must be at least 14 days
26
after the day the requirement is imposed.
27
Offence
28
(5) A person commits an offence if:
29
(a) the person is subject to a requirement under this clause; and
30
(b) the person omits to do an act; and
31
(c) the omission breaches the requirement.
32
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
33
(6) Subclause (5) does not apply if the person has a reasonable excuse.
34
Note 1:
A defendant bears an evidential burden in relation to the matter in
35
subclause (6)--see subsection 13.3(3) of the Criminal Code.
36
Schedule 1 Monitoring and investigation powers
Part 2 Petroleum environmental inspections
32 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Note 2:
See also Part 2.3 of the Criminal Code (circumstances in which there
1
is no criminal responsibility).
2
False information
3
(7) A person commits an offence if:
4
(a) the person gives information to another person; and
5
(b) the person does so knowing that the information is false or
6
misleading in a material particular; and
7
(c) the information is given in compliance or purported
8
compliance with a requirement under this clause.
9
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
10
Note:
The same conduct may be an offence against both subclause (7) of this
11
clause and section 137.1 of the Criminal Code.
12
Self-incrimination
13
(8) A person is not excused from answering a question or producing a
14
document or thing when required to do so under subclause (1) or
15
(3) on the ground that the answer to the question, or the production
16
of the document or thing, may tend to incriminate the person or
17
make the person liable to a penalty.
18
(9)
However:
19
(a) the answer given or document or thing produced; or
20
(b) answering the question or producing the document or thing;
21
or
22
(c) any information, document or thing obtained as a direct or
23
indirect consequence of the answering of the question or the
24
production of the document or thing;
25
is not admissible in evidence against the person:
26
(d) in any civil proceedings; or
27
(e) in any criminal proceedings other than:
28
(i) proceedings for an offence against this clause; or
29
(ii) proceedings for an offence against section 137.1 or
30
137.2 of the Criminal Code that relates to this clause.
31
Monitoring and investigation powers Schedule 1
Petroleum environmental inspections Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 33
9 Petroleum environmental inspections--power to take possession of
1
plant and samples etc.
2
Power to take possession or samples
3
(1) In conducting a petroleum environmental inspection in relation to a
4
petroleum title, a NOPSEMA inspector may, to the extent that it is
5
reasonably necessary for the purposes of inspecting, examining or
6
measuring, or conducting tests concerning, any plant, substance or
7
thing at offshore petroleum premises in connection with the
8
inspection:
9
(a) take possession of the plant, substance or thing and remove it
10
from the premises; or
11
(b) take a sample of the substance or thing and remove that
12
sample from the premises.
13
Notice
14
(2) On taking possession of plant, a substance or a thing, or taking a
15
sample of a substance or thing, the inspector must, by written
16
notice, inform the following persons of the taking of possession or
17
the taking of the sample, and the reasons for it:
18
(a) in any case:
19
(i) the titleholder's representative at the premises who is
20
nominated for the inspection; or
21
(ii) if there is no titleholder's representative at the
22
premises--the titleholder;
23
(b) if the premises are a facility--the operator's representative at
24
the facility;
25
(c) if the premises are a vessel under the command or charge of a
26
master--the master;
27
(d) if the plant, substance or thing is owned by a person other
28
than a person mentioned in paragraph (a), (b) or (c)--that
29
owner.
30
Display of notice
31
(3) The following person must cause the notice to be displayed in a
32
prominent place at the premises:
33
(a) if the premises are a facility--the operator's representative at
34
the facility;
35
Schedule 1 Monitoring and investigation powers
Part 2 Petroleum environmental inspections
34 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(b) in any other case--the person notified under
1
paragraph (2)(a).
2
Note:
The person notified under paragraph (2)(a) is either the
3
titleholder's representative or the titleholder.
4
Duties of NOPSEMA inspector
5
(4) If the NOPSEMA inspector takes possession of plant, a substance
6
or a thing for the purpose of inspecting, examining or measuring,
7
or conducting tests concerning, the plant, substance or thing, the
8
inspector must:
9
(a) ensure that the inspection, examination, measuring or testing
10
is conducted as soon as practicable; and
11
(b) return it to the premises as soon as practicable afterwards.
12
(5) As soon as practicable after completing any such inspection,
13
examination, measurement or testing, the inspector must give a
14
written statement setting out the results to each person the
15
inspector is required to notify under subclause (2).
16
10 Petroleum environmental inspections--do not disturb notices
17
(general)
18
Scope
19
(1) This clause applies if a NOPSEMA inspector is conducting a
20
petroleum environmental inspection in relation to offshore
21
petroleum premises.
22
When a notice may be issued
23
(2) A NOPSEMA inspector may issue a do not disturb notice to a
24
titleholder, in writing, under this clause if the inspector is satisfied
25
on reasonable grounds that it is reasonably necessary to issue the
26
notice in order to allow the inspection, examination or
27
measurement of, or the conducting of tests concerning:
28
(a) the premises; or
29
(b) particular plant, or a particular substance or thing, at the
30
premises.
31
Monitoring and investigation powers Schedule 1
Petroleum environmental inspections Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 35
Issue of notice
1
(3) Without limiting the way in which the notice may be issued, the
2
notice may be issued to the titleholder by being given to the
3
titleholder's representative at the premises who is nominated for
4
the inspection.
5
Contents of notice
6
(4) The notice must:
7
(a) direct the titleholder to take all reasonably practicable steps
8
to ensure that one or more of the following are not disturbed
9
for a period specified in the notice:
10
(i) a particular part of the premises;
11
(ii) particular plant, or a particular substance or thing, at the
12
premises; and
13
(b) set out the reasons for the inspector's decision to issue the
14
notice.
15
(5) The period specified in the notice must be a period that the
16
inspector is satisfied on reasonable grounds is necessary in order to
17
allow the inspection, examination, measuring or testing to take
18
place.
19
Renewal of notice
20
(6) The notice may be renewed by another notice in the same terms.
21
Offence
22
(7) A person commits an offence if:
23
(a) the person is subject to a do not disturb notice; and
24
(b) the person omits to do an act; and
25
(c) the omission breaches the notice.
26
Penalty for contravention of subclause (7): 300 penalty units.
27
Schedule 1 Monitoring and investigation powers
Part 2 Petroleum environmental inspections
36 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
11 Petroleum environmental inspections--do not disturb notices
1
(notification and display)
2
Notice to interested persons
3
(1) As soon as practicable after issuing a do not disturb notice, the
4
NOPSEMA inspector must take reasonable steps to give a copy of
5
the notice to the following persons:
6
(a) if the premises are a facility--the operator's representative at
7
the facility;
8
(b) if the premises are a vessel under the command or charge of a
9
master--the master;
10
(c) if the premises are, or the plant, substance or thing is, owned
11
by a person other than the titleholder or operator--that
12
owner.
13
Display of direction
14
(2) The following person must cause a copy of a do not disturb notice
15
to be displayed in a prominent place at the premises:
16
(a) if the premises are a facility--the operator's representative at
17
the facility;
18
(b) in any other case:
19
(i) if the notice is given to the titleholder's representative
20
under subclause 10(3)--the titleholder's representative;
21
or
22
(ii) if the notice is not given to the titleholder's
23
representative--the titleholder.
24
12 Petroleum environmental inspections--tampering with and
25
removing notices
26
Tampering with notice
27
(1) A person must not tamper with any notice that has been displayed
28
under subclause 9(3) or 11(2) while that notice is so displayed.
29
Removing notice
30
(2) If a notice has been displayed under subclause 9(3), a person must
31
not remove the notice until the plant, substance or thing to which
32
Monitoring and investigation powers Schedule 1
Petroleum environmental inspections Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 37
the notice relates is returned to the premises from which it was
1
removed.
2
(3) If a notice has been displayed under subclause 11(2), a person must
3
not remove the notice before the notice has ceased to have effect.
4
Offence
5
(4) A person commits an offence if:
6
(a) the person is subject to a requirement under subclause (1), (2)
7
or (3); and
8
(b) the person engages in conduct; and
9
(c) the conduct breaches the requirement.
10
Penalty: 50 penalty units.
11
(5) Subclause (4) does not apply if the person has a reasonable excuse.
12
Note 1:
A defendant bears an evidential burden in relation to the matter in
13
subclause (5)--see subsection 13.3(3) of the Criminal Code.
14
Note 2:
See also Part 2.3 of the Criminal Code (circumstances in which there
15
is no criminal responsibility).
16
(6) An offence against subclause (4) is an offence of strict liability.
17
Note:
For strict liability, see section 6.1 of the Criminal Code.
18
Division 3--Reports: inspections concerning petroleum
19
environmental laws
20
13 Reports on inspections concerning petroleum environmental laws
21
Scope
22
(1) This section applies if a NOPSEMA inspector has conducted either
23
of the following inspections in relation to a petroleum
24
environmental law:
25
(a) a petroleum environmental inspection (under this Part);
26
(b) an inspection for the purposes of Division 1 of Part 6.5 of this
27
Act.
28
Schedule 1 Monitoring and investigation powers
Part 2 Petroleum environmental inspections
38 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Report to be given to NOPSEMA
1
(2) If a NOPSEMA inspector has conducted a petroleum
2
environmental inspection in relation to a petroleum title, the
3
inspector must, as soon as practicable, prepare a written report
4
relating to the inspection and give the report to NOPSEMA.
5
(3) The report must include:
6
(a) the NOPSEMA inspector's conclusions from conducting the
7
inspection and the reasons for those conclusions; and
8
(b) any recommendations that the NOPSEMA inspector wishes
9
to make arising from the inspection; and
10
(c) such other matters (if any) as are prescribed by regulation.
11
Copies of report to be given to titleholder
12
(4) As soon as practicable after receiving the report, NOPSEMA must
13
give a copy of the report, together with any written comments that
14
it wishes to make, to the titleholder.
15
Details of remedial action etc.
16
(5) NOPSEMA may, in writing, request the titleholder to provide to
17
NOPSEMA, within a reasonable period specified in the request,
18
details of any action proposed to be taken as a result of the
19
conclusions or recommendations contained in the report.
20
(6) The titleholder must comply with a request under subclause (5).
21
Part 3--General
22
23
14 Meaning of offence against a petroleum environmental law
24
In this Schedule:
25
offence against a petroleum environmental law includes an
26
offence against section 6 of the Crimes Act 1914 that relates to an
27
offence against a petroleum environmental law.
28
Note:
For other ancillary offences, see section 11.6 of the Criminal Code.
29
Monitoring and investigation powers Schedule 1
Petroleum environmental inspections Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 39
15 Offences against petroleum environmental laws--prosecutions
1
Proceedings for an offence against a petroleum environmental law
2
may be instituted by NOPSEMA or by a NOPSEMA inspector.
3
16 Offences against petroleum environmental laws--conduct of
4
directors, employees and agents
5
Scope
6
(1) This clause has effect for the purposes of a proceeding for an
7
offence against a petroleum environmental law.
8
State of mind of a body corporate
9
(2) If it is necessary to establish the state of mind of a body corporate
10
in relation to particular conduct, it is sufficient to show:
11
(a) that the conduct was engaged in by a director, employee or
12
agent of the body corporate within the scope of actual or
13
apparent authority; and
14
(b) that the director, employee or agent had the state of mind.
15
Conduct of a body corporate
16
(3) Any conduct engaged in on behalf of a body corporate by a
17
director, employee or agent of the body corporate within the scope
18
of actual or apparent authority is taken to have been engaged in
19
also by the body corporate unless it establishes that it took
20
reasonable precautions and exercised due diligence to avoid the
21
conduct.
22
State of mind of an individual
23
(4) If it is necessary to establish the state of mind of an individual in
24
relation to particular conduct, it is sufficient to show:
25
(a) that the conduct was engaged in by an employee or agent of
26
the individual within the scope of actual or apparent
27
authority; and
28
(b) that the employee or agent had the state of mind.
29
Schedule 1 Monitoring and investigation powers
Part 2 Petroleum environmental inspections
40 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Conduct of an individual
1
(5) Any conduct engaged in on behalf of an individual by an employee
2
or agent of the individual within the scope of actual or apparent
3
authority is taken to have been engaged in also by the individual
4
unless the individual establishes that he or she took reasonable
5
precautions and exercised due diligence to avoid the conduct.
6
Limitation on imprisonment
7
(6)
If:
8
(a) an individual is convicted of an offence; and
9
(b) he or she would not have been convicted of the offence if
10
subclauses (4) and (5) had not been enacted;
11
he or she is not liable to be punished by imprisonment for that
12
offence.
13
Extended meaning of state of mind
14
(7) A reference in subclause (2) or (4) to the state of mind of a person
15
includes a reference to:
16
(a) the person's knowledge, intention, opinion, belief or purpose;
17
and
18
(b) the person's reasons for the intention, opinion, belief or
19
purpose.
20
Disapplication of Part 2.5 of the Criminal Code
21
(8) Part 2.5 of the Criminal Code does not apply to an offence against
22
a petroleum environmental law.
23
17 Petroleum environmental inspections--civil proceedings
24
(1) This Schedule does not:
25
(a) confer a right of action in any civil proceeding in respect of
26
any contravention of a provision of a petroleum
27
environmental law; or
28
(b) confer a defence to an action in any civil proceeding or
29
otherwise affect a right of action in any civil proceeding.
30
Monitoring and investigation powers Schedule 1
Petroleum environmental inspections Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 41
(2) However, subclause (1) does not apply in relation to the
1
enforcement, for the purposes of Division 4 of Part 6.5 of this Act,
2
of a petroleum environmental law that is a civil penalty provision.
3
18 Offences against petroleum environmental laws--defence of
4
circumstances preventing compliance
5
It is a defence to a prosecution for refusing or failing to do
6
anything required by a petroleum environmental law if the
7
defendant proves that it was not practicable to do that thing
8
because of an emergency prevailing at the relevant time.
9
Note:
A defendant bears a legal burden in relation to the matter in this
10
clause--see section 13.4 of the Criminal Code.
11
12
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
42 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Part 3--OHS inspections
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006
2
10 After subsection 638(1)
3
Insert:
4
(1A)
A
listed OHS law includes a requirement made under a provision
5
listed in subsection (1).
6
11 Section 642
7
Omit:
8
·
The CEO may appoint OHS inspectors.
9
12 Section 643 (definition of OHS inspector)
10
Repeal the definition.
11
13 Section 675
12
Omit "(except a power conferred by section 680)".
13
14 Section 675
14
After "powers", insert "(except a power conferred by section 602)".
15
15 Subsections 684(2) and 694(1)
16
Omit "an OHS inspector", substitute "a NOPSEMA inspector".
17
16 Clause 2 of Schedule 3
18
Omit:
19
(b)
concerning a contravention or a possible
20
contravention of a listed OHS law; or
21
17 Clause 2 of Schedule 3
22
Omit:
23
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 43
·
The operator of a facility must report accidents and dangerous
1
occurrences to NOPSEMA.
2
substitute:
3
·
The powers that a NOPSEMA inspector may exercise for the
4
purposes of an OHS inspection are in addition to the powers in
5
relation to listed OHS laws that the inspector may exercise for
6
the purposes of Division 1 of Part 6.5 of this Act.
7
·
The operator of a facility must report accidents and dangerous
8
occurrences to NOPSEMA.
9
18 Clause 3 of Schedule 3
10
Insert:
11
do not disturb notice means a do not disturb notice issued under
12
clause 76.
13
19 Clause 3 of Schedule 3 (definition of inspection)
14
Repeal the definition.
15
20 Clause 3 of Schedule 3
16
Insert:
17
OHS inspection: see clause 49.
18
21 Clause 3 of Schedule 3 (definition of OHS inspector)
19
Repeal the definition.
20
22 Clause 3 of Schedule 3 (definition of premises)
21
Repeal the definition, substitute:
22
premises has the same meaning as in the Regulatory Powers Act in
23
its application under Division 1 of Part 6.5 of this Act (see
24
section 602F of this Act).
25
23 Clause 3 of Schedule 3
26
Insert:
27
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
44 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
titleholder means the registered holder of:
1
(a) a petroleum title; or
2
(b) a greenhouse gas title.
3
24 Clause 3 of Schedule 3
4
Insert:
5
titleholder's representative, in relation to a titleholder within the
6
meaning of this Schedule, has the meaning given by section 602K.
7
25 Clause 3 of Schedule 3
8
Insert:
9
titleholder's well-related obligations means the obligations of a
10
titleholder to comply with:
11
(a) clause 13A of this Schedule (petroleum titleholder duty of
12
care); or
13
(b) Part 5 of the Offshore Petroleum and Greenhouse Gas
14
Storage (Resource Management and Administration)
15
Regulations 2011, to the extent that the Part applies in
16
relation to petroleum titles; or
17
(c) clause 13B of this Schedule (greenhouse gas titleholder duty
18
of care).
19
26 Subparagraphs 34(1)(a)(iii) and (iv) of Schedule 3
20
Repeal the subparagraphs, substitute:
21
(iii) make a request to a NOPSEMA inspector or to
22
NOPSEMA that an OHS inspection be conducted at the
23
workplace;
24
(iv) accompany a NOPSEMA inspector during any OHS
25
inspection at the workplace by the inspector (whether or
26
not the inspection is being conducted as a result of a
27
request made by the health and safety representative);
28
27 Subclause 39(1) of Schedule 3 (heading)
29
Repeal the heading, substitute:
30
Request for OHS inspection
31
28 Subclause 39(1) of Schedule 3
32
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 45
Omit "an OHS inspector that an inspection", substitute "a NOPSEMA
1
inspector that an OHS inspection".
2
29 Subclause 39(2) of Schedule 3
3
Omit "an OHS inspector", substitute "a NOPSEMA inspector".
4
30 Subclause 39(3) of Schedule 3 (heading)
5
Repeal the heading, substitute:
6
OHS inspection
7
31 Subclause 39(3) of Schedule 3
8
Omit "an inspection must be conducted of the work that is the subject of
9
the disagreement, and the OHS inspector", substitute "an OHS
10
inspection must be conducted of the work that is the subject of the
11
disagreement, and the NOPSEMA inspector".
12
32 Subparagraph 40(1)(b)(i) of Schedule 3
13
Omit "an OHS inspector during an inspection at the workplace by the
14
OHS inspector", substitute "a NOPSEMA inspector during an OHS
15
inspection at the workplace by the inspector".
16
33 Subclause 44(4) of Schedule 3 (heading)
17
Repeal the heading, substitute:
18
OHS inspection
19
34 Subclause 44(4) of Schedule 3
20
Omit "an OHS inspector that an inspection", substitute "a NOPSEMA
21
inspector that an OHS inspection".
22
35 Subclause 44(5) of Schedule 3
23
Omit "an inspection", substitute "an OHS inspection".
24
36 Subclause 44(5) of Schedule 3
25
Omit "OHS inspector" (first occurring), substitute "NOPSEMA
26
inspector".
27
37 Subclause 44(5) of Schedule 3
28
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
46 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Omit "OHS" (last occurring).
1
38 Subclause 44(6) of Schedule 3
2
Omit "an OHS inspector or to NOPSEMA that an inspection",
3
substitute "NOPSEMA or to a NOPSEMA inspector that an OHS
4
inspection".
5
39 Part 4 of Schedule 3 (heading)
6
Repeal the heading, substitute:
7
Part 4--OHS inspections
8
40 Clauses 47 and 48 of Schedule 3
9
Repeal the clauses, substitute:
10
47 Simplified outline
11
The following is a simplified outline of this Part:
12
·
A NOPSEMA inspector may conduct an inspection (called an
13
OHS inspection):
14
(a)
to monitor compliance with listed OHS laws; or
15
(b)
concerning an accident or dangerous occurrence
16
that has happened at or near a facility.
17
·
A number of additional compliance powers are provided. The
18
most significant of these are as follows:
19
(a)
to issue a do not disturb notice to deal with health
20
and safety risks or to allow for measurements or
21
tests to be carried out;
22
(b)
to issue a prohibition notice to remove an
23
immediate threat to health or safety;
24
(c)
to issue an improvement notice specifying action
25
to be taken to remove a risk to health or safety that
26
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 47
may result from the continuation or recurrence of a
1
contravention of a listed OHS law.
2
·
A NOPSEMA inspector must prepare a report about an
3
inspection and give the report to NOPSEMA.
4
·
The powers that a NOPSEMA inspector may exercise for the
5
purposes of an OHS inspection are in addition to the powers in
6
relation to listed OHS laws that the inspector may exercise for
7
the purposes of Division 1 of Part 6.5 of this Act.
8
41 Division 2 of Part 4 of Schedule 3 (heading)
9
Repeal the heading, substitute:
10
Division 2--OHS inspections: general provisions
11
42 Clause 49 of Schedule 3
12
Repeal the clause, substitute:
13
49 OHS inspections--nature of inspections
14
What is an OHS inspection?
15
(1)
An
OHS inspection is an inspection under this Part. Such an
16
inspection:
17
(a) includes an investigation or inquiry; and
18
(b) need not include a physical inspection of any facility,
19
premises or thing.
20
Inspections--general power
21
(2) A NOPSEMA inspector may, at any time, conduct an OHS
22
inspection:
23
(a) to determine whether a listed OHS law has been, or is being,
24
complied with; or
25
(b) to determine whether information given in compliance, or
26
purported compliance, with a listed OHS law is correct; or
27
(c) concerning an accident or dangerous occurrence that has
28
happened at or near a facility.
29
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
48 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
The inspection may be conducted at the inspector's own initiative
1
or in compliance with a direction under subclause (3).
2
Inspections--directed by NOPSEMA
3
(3) NOPSEMA may give a written direction to a NOPSEMA inspector
4
to conduct an OHS inspection.
5
(4) The NOPSEMA inspector must conduct an OHS inspection as
6
directed under subclause (3).
7
43 Division 3 of Part 4 of Schedule 3 (heading)
8
Repeal the heading.
9
44 Subdivision A of Division 3 of Part 4 of Schedule 3
10
(heading)
11
Repeal the heading.
12
45 Clause 50 of Schedule 3 (heading)
13
Repeal the heading, substitute:
14
50 OHS inspections--facilities
15
46 Subclause 50(1) of Schedule 3
16
Omit "An OHS inspector may, for the purposes of an inspection,",
17
substitute "A NOPSEMA inspector may, for the purposes of an OHS
18
inspection,".
19
47 Subparagraphs 50(1)(a)(ii) and (iii) of Schedule 3
20
Repeal the subparagraphs, substitute:
21
(ii) inspect, examine or measure, or conduct tests
22
concerning, the facility (including any workplace at the
23
facility and any plant, substance or thing at the facility);
24
(iii) take photographs of, make video recordings of, or make
25
sketches of, the facility (including any workplace at the
26
facility and any plant, substance or thing at the facility);
27
48 Subparagraph 50(1)(a)(iv) of Schedule 3
28
Omit "OHS inspector has reasonable grounds to believe", substitute
29
"inspector is satisfied on reasonable grounds".
30
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 49
49 Subclause 50(2) of Schedule 3
1
Repeal the subclause, substitute:
2
Notification of entry
3
(2) Immediately on entering a facility for the purposes of an OHS
4
inspection, a NOPSEMA inspector must take reasonable steps to
5
notify the purpose of the entry to each of the following (an
6
occupier):
7
(a) the operator's representative at the facility;
8
(b) if there is a health and safety representative for a designated
9
work group having a group member likely to be affected by
10
the matter the subject of the inspection--that representative;
11
(c) a titleholder's representative (if any) at the facility who is
12
nominated for the inspection.
13
Note:
A titleholder's representative is only required to be at the facility if the
14
inspection concerns the titleholder's well-related obligations (see
15
section 602K).
16
(2A) The inspector must, on being requested to do so by an occupier,
17
produce for inspection by the occupier:
18
(a) the inspector's identity card; and
19
(b) a copy of NOPSEMA's written direction (if any) to conduct
20
the inspection; and
21
(c) a copy of any directions issued by NOPSEMA under
22
section 602A in relation to the exercise of the inspector's
23
powers.
24
50 Subclause 50(3) of Schedule 3
25
Omit "OHS".
26
51 Clause 51 of Schedule 3 (heading)
27
Repeal the heading, substitute:
28
51 OHS inspections--regulated business premises (non-facilities)
29
52 Subclause 51(1) of Schedule 3
30
Omit "An OHS inspector may, for the purposes of an inspection:",
31
substitute "A NOPSEMA inspector may, for the purposes of an OHS
32
inspection:"
33
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
50 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
53 Paragraph 51(1)(a) of Schedule 3
1
Omit "OHS inspector has reasonable grounds to believe", substitute
2
"inspector is satisfied on reasonable grounds".
3
54 Subparagraph 51(1)(a)(ii) of Schedule 3
4
Repeal the subparagraph, substitute:
5
(ii) the titleholder's well-related obligations; and
6
55 Subclause 51(2) of Schedule 3
7
Repeal the subclause, substitute:
8
Notification of entry
9
(2) Immediately on entering regulated business premises (other than a
10
facility) for the purposes of an OHS inspection, a NOPSEMA
11
inspector must take reasonable steps to notify the purpose of the
12
entry to the occupier of the premises.
13
(3) The inspector must, on being requested to do so by the occupier,
14
produce for inspection by the occupier:
15
(a) the inspector's identity card; and
16
(b) a copy of NOPSEMA's written direction (if any) to conduct
17
the inspection; and
18
(c) a copy of any directions issued by NOPSEMA under
19
section 602A in relation to the exercise of the inspector's
20
powers.
21
56 Clauses 52 and 53 of Schedule 3
22
Repeal the clauses.
23
57 Subdivision B of Division 3 of Part 4 of Schedule 3
24
Repeal the Subdivision.
25
58 Subdivision C of Division 3 of Part 4 of Schedule 3
26
(heading)
27
Repeal the heading, substitute:
28
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 51
Division 3--OHS inspections: compliance powers
1
59 Clause 73 of Schedule 3 (heading)
2
Repeal the heading, substitute:
3
73 OHS inspections--power to require assistance
4
60 Subclause 73(1) of Schedule 3
5
Omit "An OHS inspector may, to the extent that it is reasonably
6
necessary to do so in connection with the conduct of an inspection",
7
substitute "A NOPSEMA inspector may, to the extent that it is
8
reasonably necessary to do so in connection with the conduct of an OHS
9
inspection".
10
61 Paragraph 73(1)(e) of Schedule 3 (the paragraph 73(1)(e)
11
inserted by item 66 of Schedule 1 to the Offshore
12
Petroleum and Greenhouse Gas Storage Legislation
13
Amendment (Miscellaneous Measures) Act 2010)
14
Repeal the paragraph, substitute:
15
(da) the titleholder's representative (if any) at a facility who is
16
nominated for the inspection;
17
Note:
There are currently 2 paragraphs "(e)" in subclause 73(1) of Schedule 3. This item
18
corrects the error while also substituting a new paragraph.
19
62 Subclause 73(1) of Schedule 3
20
Omit "the OHS inspector", substitute "the inspector".
21
63 Paragraph 73(1)(f) of Schedule 3
22
Omit "OHS inspector's powers under this Schedule", substitute
23
"inspector's powers".
24
64 Paragraphs 73(2)(a) of Schedule 3
25
Omit "the OHS inspector" (wherever occurring), substitute "the
26
inspector".
27
65 Paragraph 73(2)(a) of Schedule 3
28
Omit "article", substitute "thing".
29
66 Paragraphs 73(2)(b) of Schedule 3
30
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
52 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Omit "the OHS inspector", substitute "the inspector".
1
67 Subclauses 73(5) and (6) of Schedule 3
2
Repeal the subclauses, substitute:
3
Titleholders and their representatives--limitation on requirements
4
(5) Paragraphs (1)(ca) and (da), which give inspectors certain powers
5
in relation to titleholders and their representatives, do not apply
6
unless the inspection wholly or partly concerns the titleholder's
7
well-related obligations.
8
68 Clause 74 of Schedule 3 (heading)
9
Repeal the heading, substitute:
10
74 OHS inspections--powers to require information, and the
11
production of documents and things
12
69 Paragraph 74(1)(a) of Schedule 3
13
Repeal the paragraph, substitute:
14
(a) a NOPSEMA inspector is satisfied on reasonable grounds
15
that a person is capable of answering a question that is
16
reasonably connected with the conduct of an OHS inspection;
17
and
18
70 Subparagraph 74(1)(b)(v) of Schedule 3
19
Repeal the subparagraph, substitute:
20
(v) in the case of an inspection at a facility--the
21
titleholder's representative (if any) at the facility who is
22
nominated for the inspection, or anyone engaged in
23
petroleum or greenhouse gas activities at the facility; or
24
(vi) in the case of an inspection at a place other than a
25
facility--any person representing the titleholder;
26
71 Subclause 74(1) of Schedule 3
27
Omit "the OHS inspector" (wherever occurring), substitute "the
28
inspector".
29
72 Subclause 74(3) of Schedule 3 (heading)
30
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 53
Repeal the heading, substitute:
1
Requirement to produce documents or things
2
73 Paragraph 74(3)(a) of Schedule 3
3
Repeal the paragraph, substitute:
4
(a) a NOPSEMA inspector is satisfied on reasonable grounds
5
that a person is capable of producing a document or thing that
6
is reasonably connected with the conduct of an OHS
7
inspection; and
8
74 Subparagraph 74(3)(b)(v) of Schedule 3
9
Repeal the subparagraph, substitute:
10
(v) in the case of an inspection at a facility--the
11
titleholder's representative (if any) at the facility who is
12
nominated for the inspection, or anyone engaged in
13
petroleum or greenhouse gas activities at the facility; or
14
(vi) in the case of an inspection at a place other than a
15
facility--any person representing the titleholder;
16
75 Subclause 74(3) of Schedule 3
17
Omit "the OHS inspector", substitute "the inspector".
18
76 Subclause 74(3) of Schedule 3
19
Omit "article" (last occurring), substitute "thing".
20
77 Paragraph 74(4)(b) of Schedule 3
21
Omit "article", substitute "thing".
22
78 Subclause 74(8) of Schedule 3
23
Omit "article" (wherever occurring), substitute "thing".
24
79 Paragraphs 74(9)(a), (b) and (c) of Schedule 3
25
Omit "article", substitute "thing".
26
80 Subclauses 74(10) and (11) of Schedule 3
27
Repeal the subclauses, substitute:
28
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
54 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Titleholders and their representatives--limitation on requirements
1
(10) Subparagraphs (1)(b)(v) and (vi) and (3)(b)(v) and (vi), which give
2
inspectors certain powers in relation to titleholders and their
3
representatives, do not apply unless the inspection wholly or partly
4
concerns compliance with the titleholder's well-related obligations.
5
81 Clause 75 of Schedule 3 (heading)
6
Repeal the heading, substitute:
7
75 OHS inspections--power to take possession of plant and samples
8
etc.
9
82 Subclause 75(1) of Schedule 3
10
Omit "In conducting an inspection, an OHS inspector", substitute "In
11
conducting an OHS inspection, a NOPSEMA inspector".
12
83 Subclause 75(2) of Schedule 3
13
Omit "the OHS inspector", substitute "the inspector".
14
84 After paragraph 75(2)(d) of Schedule 3
15
Insert:
16
; and (e) the titleholder's representative (if any) at the facility who is
17
nominated for the inspection;
18
85 At the end of subclause 75(2) of Schedule 3
19
Add:
20
Note:
A titleholder's representative is only required to be at the facility if the
21
inspection concerns the titleholder's well-related obligations (see
22
section 602K).
23
86 Subclause 75(3) of Schedule 3
24
Omit "the OHS inspector", substitute "the inspector".
25
87 Subclause 75(4) of Schedule 3 (heading)
26
Repeal the heading, substitute:
27
Duties of inspector
28
88 Subclauses 75(4) and (5) of Schedule 3
29
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 55
Omit "the OHS inspector" (wherever occurring), substitute "the
1
inspector".
2
89 Clauses 76, 77 and 78 of Schedule 3
3
Repeal the clauses, substitute:
4
76 OHS inspections--do not disturb notices (general)
5
When a notice may be issued
6
(1) A NOPSEMA inspector may issue a do not disturb notice, in
7
writing, under this clause if, in conducting an OHS inspection in
8
relation to a facility, the inspector is satisfied on reasonable
9
grounds that it is reasonably necessary to issue the notice in order
10
to:
11
(a) remove an immediate threat to the health or safety of any
12
person; or
13
(b) allow the inspection, examination or measurement of, or the
14
conducting of tests concerning:
15
(i)
the
facility;
or
16
(ii) particular plant, or a particular substance or thing, at the
17
facility.
18
Issue of notice
19
(2) The notice may be issued to either or both of the following persons
20
(the responsible person) as applicable:
21
(a) in any case--the operator;
22
(b) if the inspection wholly or partly concerns compliance with
23
the titleholder's well-related obligations--the titleholder.
24
(3) Without limiting subclause (2), the notice may be issued to a
25
responsible person as follows:
26
(a) if the operator is a responsible person--by being given to the
27
operator's representative at the facility;
28
(b) if the titleholder is a responsible person--by being given to
29
the titleholder's representative (if any) at the facility who is
30
nominated for the inspection.
31
Note:
A titleholder's representative is only required to be at the facility
32
if the inspection concerns the titleholder's well-related
33
obligations (see section 602K).
34
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
56 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Contents of notice
1
(4) The notice must:
2
(a) direct the responsible person to take all reasonably
3
practicable steps to ensure that one or more of the following
4
are not disturbed for a period specified in the notice:
5
(i)
a
particular
workplace;
6
(ii) particular plant, or a particular substance or thing, at the
7
facility; and
8
(b) set out the reasons for the inspector's decision to issue the
9
notice.
10
(5) The period specified in the notice must be a period that the
11
inspector is satisfied on reasonable grounds is necessary in order to
12
allow the inspection, examination, measuring or testing to take
13
place.
14
Renewal of notice
15
(6) The notice may be renewed by another notice in the same terms.
16
Offence
17
(7) A person commits an offence if:
18
(a) the person is subject to a do not disturb notice; and
19
(b) the person omits to do an act; and
20
(c) the omission breaches the notice.
21
Penalty for contravention of subclause (7): 300 penalty units.
22
76A OHS inspections--do not disturb notices (notification and
23
display)
24
Scope
25
(1) This clause applies if a NOPSEMA inspector issues a do not
26
disturb notice to a person (the responsible person) under clause 76.
27
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 57
Notification to interested persons
1
(2) If the only responsible person for the notice is the titleholder, as
2
soon as practicable after issuing the notice, the inspector must take
3
reasonable steps to give a copy of the notice to:
4
(a) the operator; and
5
(b) if the inspector is at the facility when the notice is issued--
6
the operator's representative at the facility.
7
(3) If the notice (or a copy of the notice) is not given to the operator's
8
representative at the facility, the operator must give a copy of the
9
notice to the operator's representative.
10
(4) The operator's representative at the facility must give a copy of the
11
notice to the following persons:
12
(a) if the workplace, plant, substance or thing to which the
13
direction relates is owned by a person other than the operator
14
of the facility--that owner;
15
(b) if there is a health and safety representative for a designated
16
work group that includes a group member performing work
17
at a workplace, or involving the plant, substance or thing, to
18
which the direction relates--that representative.
19
Display of notice
20
(5) The operator's representative at the facility must cause a copy of
21
the notice to be displayed in a prominent place at the workplace:
22
(a) that is to be left undisturbed; or
23
(b) where the plant, substance or thing that is to be left
24
undisturbed is located.
25
77 OHS inspections--prohibition notices (issue)
26
When a notice may be issued
27
(1) A NOPSEMA inspector may issue a prohibition notice, in writing,
28
under this clause if, in conducting an OHS inspection in relation to
29
a facility, the inspector is satisfied on reasonable grounds that:
30
(a)
either:
31
(i) an activity is occurring at the facility that involves an
32
immediate threat to the health or safety of a person; or
33
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
58 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(ii) an activity may occur at the facility that, if it occurred,
1
would involve an immediate threat to the health or
2
safety of a person; and
3
(b) it is reasonably necessary to issue the notice in order to
4
remove the threat.
5
Responsible person for the notice
6
(2) The notice may be issued to either or both of the following (the
7
responsible person), as applicable:
8
(a) in any case--the operator;
9
(b) if the inspection wholly or partly concerns compliance with
10
the titleholder's well-related obligations--the titleholder.
11
(3) Without limiting subclause (2), the notice may be issued to a
12
responsible person as follows:
13
(a) if the operator is a responsible person--by being given to the
14
operator's representative at the facility;
15
(b) if the titleholder is a responsible person--by being given to
16
the titleholder's representative (if any) at the facility who is
17
nominated for the inspection.
18
Note:
A titleholder's representative is only required to be at the facility
19
if the inspection concerns the titleholder's well-related
20
obligations (see section 602K).
21
Contents of notice
22
(4) The notice must:
23
(a) specify the activity mentioned in subparagraph (1)(a)(i) or
24
(ii); and
25
(b) set out the reasons for the inspector's satisfaction about the
26
circumstances mentioned in subparagraph (1)(a)(i) or (ii);
27
and
28
(c) if the responsible person is the operator--either:
29
(i) direct the operator to ensure that the activity is not
30
conducted; or
31
(ii) direct the operator to ensure that the activity is not
32
conducted in a specified manner; and
33
(d) if the responsible person is the titleholder--either:
34
(i) direct the titleholder to ensure that the activity is not
35
conducted; or
36
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 59
(ii) direct the titleholder to ensure that the activity is not
1
conducted in a specified manner.
2
(5) For paragraph (4)(c) or (d), a specified manner may relate to any
3
one or more of the following:
4
(a) any workplace, or part of a workplace, at which the activity is
5
not to be conducted;
6
(b) any plant, substance or thing that is not to be used in
7
connection with the activity;
8
(c) any procedure that is not to be followed in connection with
9
the activity.
10
(6) The notice may specify action that may be taken to satisfy a
11
NOPSEMA inspector that adequate action has been taken to
12
remove the threat to health or safety.
13
Offence
14
(7) A person commits an offence if:
15
(a) the person is subject to a prohibition notice; and
16
(b) the person omits to do an act; and
17
(c) the omission breaches the notice.
18
Penalty for contravention of subclause (7): 600 penalty units.
19
77A OHS inspections--prohibition notices (notification, display and
20
compliance)
21
Scope
22
(1) This clause applies if a NOPSEMA inspector issues a prohibition
23
notice to a person (the responsible person) under clause 77 in
24
relation to a threat to health or safety at a facility.
25
Notification to interested persons
26
(2) If the only responsible person for the prohibition notice is the
27
titleholder, as soon as practicable after issuing the notice, the
28
inspector must take reasonable steps to give a copy of the notice to:
29
(a) the operator; and
30
(b) if the inspector is at the facility when the notice is issued--
31
the operator's representative at the facility.
32
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
60 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(3) If the notice (or a copy of the notice) is not given to the operator's
1
representative at the facility, the operator must give a copy of the
2
notice to the operator's representative.
3
(4) The operator's representative at the facility must give a copy of the
4
notice to the following persons:
5
(a) if the workplace, plant, substance or thing to which the notice
6
relates is owned by a person other than the responsible
7
person--that owner;
8
(b) if there is a health and safety representative for a designated
9
work group that includes a group member performing work
10
at a workplace, or involving the plant, substance or thing, to
11
which the direction relates--that representative.
12
Display of notice
13
(5) The operator's representative at the facility must cause a copy of
14
the notice to be displayed in a prominent place at the workplace:
15
(a) that is to be left undisturbed; or
16
(b) where the plant, substance or thing that is to be left
17
undisturbed is located.
18
Inadequate action in response to notice
19
(6) If a NOPSEMA inspector is satisfied that action taken by the
20
responsible person to remove the threat to health or safety is not
21
adequate, the inspector must inform the responsible person
22
accordingly.
23
(7) In making a decision under subclause (6), a NOPSEMA inspector
24
may exercise such of the powers of a NOPSEMA inspector
25
conducting an OHS inspection as the inspector considers necessary
26
for the purposes of making the decision.
27
When notice ceases to have effect
28
(8) The notice ceases to have effect in relation to a responsible person
29
when a NOPSEMA inspector notifies the responsible person that
30
the inspector is satisfied that the responsible person, or another
31
person, has taken adequate action to remove the threat to health or
32
safety.
33
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 61
78 OHS inspections--improvement notices (issue)
1
When a notice may be issued
2
(1) A NOPSEMA inspector may issue an improvement notice to a
3
person (the responsible person), in writing, under this clause if, in
4
conducting an OHS inspection in relation to a facility, the inspector
5
is satisfied on reasonable grounds that:
6
(a) the responsible person:
7
(i) is contravening a provision of a listed OHS law; or
8
(ii) has contravened a provision of a listed OHS law and is
9
likely to contravene that provision again; and
10
(b) as a result, there is, or may be, a risk to the health or safety of
11
any person.
12
How notice may be issued
13
(2) Without limiting subclause (1), the notice may be issued to a
14
responsible person as follows:
15
(a) if the responsible person is the operator--by being given to
16
the operator's representative at the facility;
17
(b) if the responsible person is an employer (other than the
18
operator) of members of the workforce, but it is not
19
practicable to give the notice to the employer--by being
20
given to the operator's representative at the facility;
21
(c) if the responsible person is the titleholder--by being given to
22
the titleholder's representative (if any) at the facility who is
23
nominated for the inspection.
24
Note:
A titleholder's representative is only required to be at the facility
25
if the inspection concerns the titleholder's well-related
26
obligations (see section 602K).
27
Contents of notice
28
(3) The notice must:
29
(a) specify the contravention that the NOPSEMA inspector is
30
satisfied on reasonable grounds is occurring, or has occurred
31
and is likely to occur again, and set out those grounds; and
32
(b) specify the risk to health or safety mentioned in
33
paragraph (1)(b); and
34
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
62 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(c) specify action that the inspector is satisfied on reasonable
1
grounds is required to be taken by the responsible person to
2
reduce or prevent the risk; and
3
(d) specify a period within which the responsible person is to
4
take the action.
5
Period of notice and action to be taken
6
(4) The period specified in the notice must be reasonable.
7
(5) If the NOPSEMA inspector is satisfied on reasonable grounds that
8
it is appropriate to do so, the NOPSEMA inspector may, in writing
9
and before the end of the period, extend the period specified in the
10
notice.
11
78A OHS inspections--improvement notices (compliance)
12
Duty of responsible person
13
(1) A responsible person in relation to an improvement notice must
14
ensure that the notice is complied with to the extent that it relates
15
to any matter over which the person has control.
16
Offence
17
(2) A person commits an offence if:
18
(a) the person is subject to a requirement under subclause (1);
19
and
20
(b) the person omits to do an act; and
21
(c) the omission breaches the requirement.
22
Penalty: 300 penalty units.
23
Civil penalty
24
(3) A person is liable to a civil penalty if the person contravenes a
25
requirement under subclause (1).
26
Civil penalty:
400 penalty units.
27
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 63
78B OHS inspections--improvement notices (notification and
1
display)
2
Scope
3
(1) This clause applies if a NOPSEMA inspector issues an
4
improvement notice to a person (the responsible person) under
5
clause 78 in relation to a contravention, or likely contravention, of
6
a listed OHS law.
7
If notice not given to the operator's representative--representative
8
to be notified
9
(2) If the notice is not issued by being given to the operator's
10
representative at the facility, the responsible person (unless the
11
responsible person is the titleholder) must cause a copy of the
12
notice to be given to the operator's representative.
13
Note:
If the responsible person is the titleholder, subclauses (4) and (5)
14
provide for the operator and the operator's representative to be
15
notified.
16
If responsible person is operator or employer--notification of
17
health and safety representative
18
(3) If the responsible person is the operator or an employer (other than
19
the operator) of members of the workforce, the operator's
20
representative at the facility must give a copy of the notice to each
21
health and safety representative for a designated work group
22
having group members performing work that is affected by the
23
notice.
24
If responsible person is titleholder--notification of operator and
25
operator's representative
26
(4) If the responsible person is the titleholder, as soon as practicable
27
after issuing the notice, the inspector must take reasonable steps to
28
give a copy of the notice to:
29
(a) the operator; and
30
(b) if the inspector is at the facility when the notice is issued--
31
the operator's representative at the facility.
32
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
64 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(5) If the responsible person is the titleholder, but the inspector is not
1
at the facility when the notice is issued, the operator must give a
2
copy of the notice to the operator's representative at the facility.
3
Display of notice
4
(6) The operator's representative at the facility must cause a copy of
5
the notice to be displayed in a prominent place at or near each
6
workplace at which work affected by the notice is being
7
performed.
8
NOPSEMA to notify employer, owner etc.
9
(7) As soon as practicable after issuing the notice, the NOPSEMA
10
inspector must take reasonable steps to give a copy of the notice to:
11
(a) the employer of an employee who is a member of the
12
workforce, if the notice is issued:
13
(i) to the employee; and
14
(ii) in connection with work performed by the employee;
15
and
16
(b) the owner of any workplace, plant, substance or thing that the
17
notice relates to, unless the owner is:
18
(i) the responsible person; or
19
(ii) an employer referred to in paragraph (a); and
20
(c) if the responsible person is the owner of any workplace,
21
plant, substance or thing because of which the contravention
22
has occurred, or is likely to occur:
23
(i) the operator of the facility; and
24
(ii) if the employer of employees who work in that
25
workplace or who use that plant, substance or thing is a
26
person other than the operator--that employer; and
27
(d) the titleholder, if:
28
(i) the responsible person is the operator; and
29
(ii) the contravention relates, or is likely to relate, to the
30
titleholder's well-related obligations.
31
90 Clause 79 of Schedule 3 (heading)
32
Repeal the heading, substitute:
33
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 65
79 OHS inspections--tampering with and removal of notices
1
91 Subclauses 79(1) and (3) of Schedule 3
2
Omit "76(4), 77(10) or 78(11)", substitute "76A(5), 77A(5) or 78B(6)".
3
92 At the end of subclause 79(3) of Schedule 3
4
Add "in relation to each person subject to the notice".
5
93 Division 4 of Part 4 of Schedule 3 (heading)
6
Repeal the heading, substitute:
7
Division 4--Reports: OHS inspections etc.
8
94 Clause 80 of Schedule 3 (heading)
9
Repeal the heading, substitute:
10
80 Reports on listed OHS law inspections
11
95 Before subclause 80(1) of Schedule 3
12
Insert:
13
Scope
14
(1A) This section applies if a NOPSEMA inspector has conducted either
15
of the following inspections in relation to a listed OHS law:
16
(a) an OHS inspection (under this Part);
17
(b) an inspection for the purposes of Division 1 of Part 6.5 of this
18
Act.
19
96 Subclause 80(1) of Schedule 3
20
Omit "If an OHS inspector has conducted an inspection, the OHS
21
inspector", substitute "The inspector".
22
97 Paragraphs 80(2)(a) and (b) of Schedule 3
23
Omit "OHS".
24
98 Paragraphs 80(3)(aa) and (ab) of Schedule 3
25
Repeal the paragraphs, substitute:
26
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
66 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(aa) if the report relates wholly or partly to a titleholder's
1
well-related obligations--to the titleholder; and
2
99 Subclause 80(4) of Schedule 3
3
After "request the operator", insert ", the titleholder".
4
100 Subclause 80(4) of Schedule 3
5
Omit "the Authority", substitute "NOPSEMA".
6
101 Paragraph 80(4)(b) of Schedule 3
7
After "for the operator", insert ", the titleholder".
8
102 Subclause 80(4) of Schedule 3
9
After "and the operator", insert ", the titleholder".
10
103 Division 5 of Part 4 of Schedule 3 (heading)
11
Repeal the heading, substitute:
12
Division 5--Appeals: OHS inspections etc.
13
80A Appeals concerning OHS inspections etc.--decisions subject to
14
appeal
15
Scope
16
(1) The following table has effect in relation to a decision by a
17
NOPSEMA inspector:
18
(a) in any case--in conducting an OHS inspection; or
19
(b) for items 4 to 8 of the table--in relation to the issue of a do
20
not disturb notice, a prohibition notice or an improvement
21
notice under section 602E (after entering premises under
22
Part 3 of the Regulatory Powers Act as applied under
23
Division 1 of Part 6.5 of this Act).
24
25
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 67
Decisions subject to appeal
Item
If the inspector makes the
following decision ...
the following persons may appeal
against the decision to the
reviewing authority by written
notice ...
1
A decision to confirm or vary a
provisional improvement notice,
under clause 39
(a) a person to whom the provisional
improvement notice was issued
under subclause 38(2);
(b) the operator of the facility;
(c) a titleholder, if the notice relates
to the titleholder's well-related
obligations;
(d) an employer, if affected by the
decision;
(e) a relevant health and safety
representative;
(f) a relevant workforce
representative, if requested by a
member of the workforce
affected by the decision;
(g) a person who owns any
workplace, plant, substance or
thing to which the decision
relates.
2
A decision to cancel a provisional
improvement notice, under clause 39
(a) a relevant health and safety
representative;
(b) a relevant workforce
representative, if requested by a
member of the workforce
affected by the decision.
3
A decision to take possession of
plant, a substance or thing, or to take
a sample, under clause 75
(a) the operator of the facility;
(b) a titleholder, if the reasons stated
in the notice under subclause
75(2) relate to the titleholder's
well-related obligations;
(c) an employer, if affected by the
decision;
(d) a relevant health and safety
representative;
(e) a relevant workforce
representative, if requested by a
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
68 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Decisions subject to appeal
Item
If the inspector makes the
following decision ...
the following persons may appeal
against the decision to the
reviewing authority by written
notice ...
member of the workforce
affected by the decision;
(f) a person who owns the
workplace, plant, substance or
thing.
4
Either of the following:
(a) a decision to issue a do not
disturb notice, under clause 76;
(b) a decision to exercise the
corresponding power under
section 602E.
(a) the operator of the facility;
(b) a titleholder, if the notice is
issued to the titleholder;
(c) an employer, if affected by the
decision;
(d) a relevant health and safety
representative;
(e) a relevant workforce
representative, if requested by a
member of the workforce
affected by the decision;
(f) a person who owns the
workplace, plant, substance or
thing.
5
Either of the following:
(a) a decision to issue a prohibition
notice, under clause 77;
(b) a decision to exercise the
corresponding power under
section 602E.
(a) the operator of the facility;
(b) a titleholder, if the notice is
issued to the titleholder;
(c) an employer, if affected by the
decision;
(d) a relevant health and safety
representative;
(e) a relevant workforce
representative, if requested by a
member of the workforce
affected by the decision.
6
Either of the following:
(a) a decision that an operator of a
facility, or a titleholder, to whom
a prohibition notice has been
issued has not taken adequate
action to remove a threat to
(a) the operator of the facility;
(b) a titleholder, if the notice is
issued to the titleholder;
(c) an employer, if affected by the
decision;
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 69
Decisions subject to appeal
Item
If the inspector makes the
following decision ...
the following persons may appeal
against the decision to the
reviewing authority by written
notice ...
health and safety, for the
purposes of subclause 77A(6);
(b) a corresponding decision in
relation to the exercise of the
corresponding power under
section 602E.
(d) a relevant health and safety
representative;
(e) a relevant workforce
representative, if requested by a
member of the workforce
affected by the decision.
7
Either of the following:
(a) a decision that an operator of a
facility, or a titleholder, to whom
a prohibition notice has been
issued has taken adequate action
to remove a threat to health and
safety, for the purposes of
subclause 77A(8);
(b) a corresponding decision in
relation to the exercise of the
corresponding power under
section 602E.
(a) a relevant health and safety
representative;
(b) a relevant workforce
representative, if requested by a
member of the workforce
affected by the decision.
8
Either of the following:
(a) a decision to issue an
improvement notice, under
clause 78;
(b) a decision to exercise the
corresponding power under
section 602E.
(a) the operator of the facility;
(b) the titleholder, if the notice is
issued to the titleholder;
(c) any other person to whom the
notice is issued;
(d) an employer, if affected by the
decision;
(e) a relevant health and safety
representative;
(f) a relevant workforce
representative, if requested by a
member of the workforce
affected by the decision;
(g) a person who owns any
workplace, plant, substance or
thing to which the decision
relates.
1
Schedule 1 Monitoring and investigation powers
Part 3 OHS inspections
70 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(2) In this clause:
1
relevant health and safety representative, in relation to a decision,
2
means the health and safety representative for a designated work
3
group having a member affected by the decision.
4
relevant workforce representative, in relation to a member of the
5
workforce affected by a decision, means:
6
(a) a workforce representative in relation to a designated work
7
group, if the member of the workforce is a group member; or
8
(b) if there is no designated work group in relation to the
9
member of the workforce--any workforce representative in
10
relation to the member.
11
104 Clause 81 of Schedule 3 (heading)
12
Repeal the heading, substitute:
13
81 Appeals concerning OHS inspections etc.--associated rules and
14
procedure
15
105 Subclauses 81(1) and (2) of Schedule 3
16
Repeal the subclauses.
17
106 Subclauses 81(3) and (4) of Schedule 3
18
Repeal the subclauses, substitute:
19
Appeal does not affect the operation of a decision
20
(3) Subject to this clause, the making of an appeal under this Division
21
against a decision does not affect the operation of the decision or
22
prevent the taking of action to implement the decision, except to
23
the extent that the reviewing authority makes an order to the
24
contrary.
25
Suspension of improvement notices
26
(4) If the decision appealed against is a decision to which item 8 of the
27
table in subclause 80A(1) applies, the operation of the decision is
28
suspended pending determination of the appeal, except to the
29
extent that the reviewing authority makes an order to the contrary.
30
Monitoring and investigation powers Schedule 1
OHS inspections Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 71
Note:
Item 8 of the table in subclause 80A(1) applies to a decision to issue
1
an improvement notice, or to exercise a corresponding power under
2
section 602E.
3
107 Subclause 81(5) of Schedule 3
4
Omit "an OHS inspector", substitute "a NOPSEMA inspector".
5
108 Paragraph 81(6)(a) of Schedule 3
6
Omit "subclause (1) or (2)", substitute "this Division".
7
109 Subclause 81(8) of Schedule 3 (heading)
8
Repeal the heading, substitute:
9
Inspector's duty to return plant etc. to the workplace
10
110 Subclause 81(8) of Schedule 3
11
Omit "OHS inspector", substitute "inspector".
12
111 Paragraph 88(1)(f) of Schedule 3
13
Omit "an inspection", substitute "an OHS inspection or an inspection in
14
relation to a listed OHS law for the purposes of Division 1 of Part 6.5 of
15
this Act".
16
112 Subparagraph 88(1)(g)(ii) of Schedule 3
17
Omit "an OHS inspector", substitute "a NOPSEMA inspector".
18
113 Subclause 89(1) of Schedule 3 (heading)
19
Repeal the heading, substitute:
20
NOPSEMA or NOPSEMA inspector may institute prosecutions
21
114 Clause 91 of Schedule 3
22
Before "This Schedule", insert "(1)".
23
115 At the end of clause 91 of Schedule 3
24
Add:
25
(2) However, subclause (1) does not apply in relation to the
26
enforcement, for the purposes of Division 4 of Part 6.5 of this Act,
27
of a listed OHS law that is a civil penalty provision.
28
Schedule 1 Monitoring and investigation powers
Part 4 Consequential amendments
72 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Part 4--Consequential amendments
1
Division 1--General amendments
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
116 Section 7
4
Insert:
5
Federal Circuit Court means the Federal Circuit Court of
6
Australia.
7
117 Section 7 (definition of Greater Sunrise visiting
8
inspector)
9
Repeal the definition, substitute:
10
Greater Sunrise visiting inspector means a NOPSEMA inspector
11
identified as a Greater Sunrise visiting inspector in his or her
12
identity card (see subsection 602(4)).
13
118 Section 7
14
Insert:
15
identity card of a NOPSEMA inspector means an identity card
16
issued to the inspector under the Regulatory Powers Act in its
17
application under Division 1 of Part 6.5 of this Act.
18
119 Section 7
19
Insert:
20
listed NOPSEMA law: see section 601.
21
120 Section 7
22
Insert:
23
petroleum environmental law has the same meaning as in
24
Schedule 2A.
25
121 Section 7
26
Insert:
27
Monitoring and investigation powers Schedule 1
Consequential amendments Part 4
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 73
titleholder's representative: see section 602K.
1
122 Paragraph 699(1)(b)
2
Omit "petroleum project inspector in relation to an offshore area",
3
substitute "NOPSEMA inspector".
4
123 Paragraph 699(1)(b)
5
Omit "the offshore area", substitute "an offshore area".
6
124 Subsection 707A(1)
7
Omit "petroleum project inspector as to the exercise of the petroleum
8
project inspector's", substitute "NOPSEMA inspector as to the exercise
9
of the inspector's".
10
125 Subsection 707A(2)
11
Omit "A petroleum project inspector", substitute "A NOPSEMA
12
inspector".
13
126 Paragraph 768(1)(g)
14
Repeal the paragraph, substitute:
15
(g) a NOPSEMA inspector;
16
127 Paragraph 768(1)(i)
17
Repeal the paragraph.
18
128 Paragraph 780F(1)(c)
19
Omit "and".
20
129 Paragraph 780F(1)(d)
21
Repeal the paragraph.
22
130 Subsection 780F(1)
23
Omit "under this Act", substitute "for the purposes of this Act".
24
131 Paragraph 780F(2)(c)
25
Omit "or".
26
132 Paragraph 780F(2)(d)
27
Schedule 1 Monitoring and investigation powers
Part 4 Consequential amendments
74 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Repeal the paragraph.
1
133 Subsection 780F(7)
2
Omit "under this Act", substitute "for the purposes of this Act".
3
134 Paragraph 780F(7)(c)
4
Omit "; or", substitute ".".
5
135 Paragraph 780F(7)(d)
6
Repeal the paragraph.
7
136 Subsection 780F(8)
8
Omit "Subsections 600(6), 606(5) and 681(5)", substitute "The
9
provisions covered by subsection (8A)".
10
137 Subsection 780F(8)
11
Omit "under this Act", substitute "for the purposes of this Act".
12
138 Paragraph 780F(8)(c)
13
Omit "; or", substitute ".".
14
139 Paragraph 780F(8)(d)
15
Repeal the paragraph.
16
140 After subsection 780F(8)
17
Insert:
18
(8A) For the purposes of subsection (8), the following provisions are
19
covered by this subsection:
20
(a) subsection 36(6) or 77(6) of the Regulatory Powers Act, as it
21
applies in relation to a NOPSEMA inspector (see Division 1
22
of Part 6.5 of this Act);
23
(b) subsection 606(5) (which applies in relation to a greenhouse
24
gas project inspector).
25
Note:
The listed provisions require the inspectors concerned to carry their
26
identity cards with them at all times while exercising their powers.
27
141 Paragraph 780F(9)(c)
28
Omit "inspector;", substitute "inspector.".
29
Monitoring and investigation powers Schedule 1
Consequential amendments Part 4
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 75
142 Paragraph 780F(9)(d)
1
Repeal the paragraph.
2
Division 2--NOPSEMA inspectors
3
Offshore Petroleum and Greenhouse Gas Storage Act 2006
4
143 Multiple amendments
5
The provisions of the Offshore Petroleum and Greenhouse Gas Storage
6
Act 2006 listed in this Division are amended by:
7
(a) omitting "a petroleum project inspector" and substituting "a
8
NOPSEMA inspector"; and
9
(b) omitting "the petroleum project inspector" and substituting
10
"the inspector"; and
11
(c)
omitting
"petroleum project inspector" and substituting
12
"NOPSEMA inspector".
13
144 Section 696
14
145 Section 699 (heading)
15
146 Subsection 699(2)
16
147 Section 701
17
148 Section 703
18
149 Section 704 (heading)
19
150 Subsections 704(1), (2) and (4)
20
151 Paragraph 705(a)
21
152 Paragraph 706(b)
22
153 Paragraphs 780F(1)(a), (2)(a), (7)(a), (8)(a) and (9)(a)
23
Schedule 1 Monitoring and investigation powers
Part 5 Transitional, application and savings provisions
76 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Part 5--Transitional, application and savings
1
provisions
2
154 Definitions
3
In this Part:
4
function includes duty.
5
Offshore Act means the Offshore Petroleum and Greenhouse Gas
6
Storage Act 2006, and includes legislative instruments made under that
7
Act.
8
Regulatory Powers Act means the Regulatory Powers (Standard
9
Provisions) Act 2012.
10
155 Application--general
11
Subject to this Part, the Offshore Act, as amended by this Schedule,
12
applies on and after the commencement of this Schedule in relation to
13
the following:
14
(a) acts or omissions of persons, whether occurring before, on or
15
after that commencement;
16
(b) any other matter, whether arising before, on or after that
17
commencement, that is relevant to the exercise of powers or
18
the performance of functions of a NOPSEMA inspector, on
19
or after that commencement, for the purposes of that Act.
20
156 Transitional--inspectors
21
Petroleum project inspectors and OHS inspectors
22
(1)
Subject to item 154, if, immediately before the commencement of this
23
Schedule, a person held an appointment under the Offshore Act as a
24
petroleum project inspector or an OHS inspector, the person is, on and
25
after that commencement, taken to hold an appointment under that Act
26
(as amended by this Schedule) as a NOPSEMA inspector.
27
(2)
The person's appointment as a NOPSEMA inspector (as provided by
28
subitem (1)) is taken to be:
29
(a) for the balance of the term of the appointment, on the same
30
terms and conditions as the person's appointment as a
31
petroleum project inspector or an OHS inspector; and
32
(b) if the person previously held an appointment as an OHS
33
inspector--subject to any directions or notice given to or in
34
Monitoring and investigation powers Schedule 1
Transitional, application and savings provisions Part 5
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 77
relation to the person under clause 48 of Schedule 3 to the
1
Offshore Act in his or her capacity as an OHS inspector.
2
(3)
For the purposes of the Offshore Act as amended by this Schedule, a
3
direction or notice mentioned in paragraph (2)(b) is taken to have been
4
given as a direction or notice under section 602A of that Act. The
5
direction or notice may be varied or revoked accordingly.
6
Greater Sunrise visiting inspectors
7
(4)
If, immediately before the commencement of this Schedule, a person
8
held an appointment under the Offshore Act as a petroleum project
9
inspector in the capacity of a Greater Sunrise visiting inspector, the
10
person is, on and from that commencement, taken to hold an
11
appointment as a NOPSEMA inspector in the same capacity.
12
157 Transitional--identity cards
13
(1)
This item applies to an identity card issued under the Offshore Act
14
before the commencement of this Schedule, to a person appointed under
15
that Act as a petroleum project inspector or an OHS inspector, if the
16
identity card is in effect immediately before that commencement.
17
(2)
The identity card continues in effect for 28 days after that
18
commencement, as if it had been issued to the person as a NOPSEMA
19
inspector for the purposes of section 602 of the Offshore Act as
20
amended by this Schedule.
21
158 Savings--inspections still in progress
22
Petroleum inspections and OHS inspections may be continued
23
(1)
An inspection in relation to particular conduct, or a particular event or
24
circumstances, for the purposes of Division 1 of Part 6.5 of the Offshore
25
Act, or Part 4 of Schedule 3 to the Offshore Act, that had started (but
26
not ended) before the commencement of the amendments made by this
27
Schedule may be continued on and after that commencement as if those
28
amendments had not been made.
29
(2)
For the purposes of the inspection, the Offshore Act continues to apply
30
as in force immediately before that commencement in relation to the
31
inspection until the inspection ends.
32
Schedule 1 Monitoring and investigation powers
Part 5 Transitional, application and savings provisions
78 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(3)
Without limiting subitem (2), the Offshore Act as in force immediately
1
before that commencement continues to apply, on and after that
2
commencement, in relation to a warrant, notice, direction or other
3
instrument issued, or anything else done (whether before, on or after the
4
commencement of this Schedule) in the course of the inspection.
5
New inspections may be started
6
(4)
This item does not prevent the following inspections being started on or
7
after the commencement of this Schedule in relation to the same
8
conduct, event or circumstances (or an aspect of that conduct or event,
9
or those circumstances):
10
(a) an inspection involving the exercise of powers, and the
11
performance of functions, for the purposes of Division 1 of
12
Part 6.5 of the Offshore Act as amended by this Schedule;
13
(b) a petroleum environmental inspection under Schedule 2A to
14
the Offshore Act as amended by this Schedule;
15
(c) an OHS inspection under Schedule 3 to the Offshore Act as
16
amended by this Schedule.
17
Definitions
18
(5)
For the purposes of this item:
19
(a)
an
inspection
starts when the relevant inspector, or
20
NOPSEMA, makes a decision to start the inspection; and
21
(b)
an
inspection
ends when the relevant inspector, or
22
NOPSEMA, makes a decision to end the inspection.
23
159 Transitional and savings--inquiries concerning
24
significant offshore incidents
25
Persons taken to be inspectors
26
(1)
If, immediately before the commencement of this Schedule, a direction
27
by the Secretary was in force under section 780F of the Offshore Act in
28
relation to a person, in accordance with which the person was taken
29
under that section to be a petroleum project inspector, a Greater Sunrise
30
visiting inspector or an OHS inspector under that Act, then on and after
31
that commencement:
32
(a) the direction continues in force, subject to that Act as
33
amended by this Schedule; and
34
Monitoring and investigation powers Schedule 1
Transitional, application and savings provisions Part 5
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 79
(b) the person is taken under that section (as amended by this
1
Schedule) to be a NOPSEMA inspector, or a NOPSEMA
2
inspector in the capacity of a Greater Sunrise visiting
3
inspector; and
4
(c) the person's identity card issued under that section continues
5
in effect for 28 days after that commencement in accordance
6
with that section as amended by this Schedule; and
7
(d) that section applies in relation to the person accordingly.
8
Inspections may be continued
9
(2)
An inspection in relation to particular conduct, or a particular event or
10
circumstances, involving the exercise of powers or the performance of
11
functions given to a person under section 780F of the Offshore Act that
12
had started (but not ended) before the commencement of the
13
amendments made by this Schedule may be continued on and after that
14
commencement as if those amendments had not been made, subject to
15
this item.
16
(3)
For the purposes of the inspection, the Offshore Act continues to apply
17
as in force immediately before that commencement in relation to the
18
inspection until the inspection ends.
19
(4)
Without limiting subitem (3), the Offshore Act as in force immediately
20
before that commencement continues to apply, on and after the
21
commencement, in relation to a warrant, notice, direction or other
22
instrument issued, or anything else done (whether before, on or after the
23
commencement of this Schedule) in the course of the inspection.
24
New inspections may be started
25
(5)
This item does not prevent an inspection involving the exercise of
26
powers or the performance of functions given to a person under
27
section 780F of the Offshore Act as amended by this Schedule being
28
started on or after the commencement of this Schedule in relation to the
29
same conduct, event or circumstances (or an aspect of that conduct or
30
event, or those circumstances).
31
Definitions
32
(6)
For the purposes of this item:
33
(a)
an
inspection
starts when the relevant inspector makes a
34
decision to start the inspection; and
35
Schedule 1 Monitoring and investigation powers
Part 5 Transitional, application and savings provisions
80 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(b)
an
inspection
ends when the relevant inspector makes a
1
decision to end the inspection.
2
160 Transitional regulations
3
The Governor-General may make regulations prescribing matters of a
4
transitional nature (including prescribing any saving or application
5
provisions) relating to the amendments and repeals made by this
6
Schedule.
7
8
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 81
Schedule 2--Offences and civil penalties
1
Part 1--Offences and civil penalty provisions
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
1 Before subsection 228(1)
4
Insert:
5
Offence
6
2 Subsection 228(1)
7
After "offence", insert "of strict liability".
8
3 At the end of subsection 228(1)
9
Add:
10
Note:
For strict liability, see section 6.1 of the Criminal Code.
11
4 After subsection 228(1)
12
Insert:
13
Civil penalty
14
(1A) A person who is a pipeline licensee in relation to a pipeline is
15
liable to a civil penalty if the person ceases to operate the pipeline.
16
Civil penalty:
265 penalty units.
17
Exceptions
18
5 Subsection 228(2)
19
Omit "Subsection (1)", substitute "Subsection (1) or (1A)".
20
6 Subsection 228(2) (note)
21
Repeal the note, substitute:
22
Note:
In proceedings for an offence against subsection (1), the defendant
23
bears an evidential burden in relation to the matter in subsection (2):
24
see subsection 13.3(3) of the Criminal Code. The same applies in
25
proceedings for a civil penalty under subsection (1A) of this section.
26
Schedule 2 Offences and civil penalties
Part 1 Offences and civil penalty provisions
82 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
7 Subsection 228(3)
1
Omit "Subsection (1)", substitute "Subsection (1) or (1A)".
2
8 Subsection 228(3) (note)
3
Repeal the note, substitute:
4
Note:
In proceedings for an offence against subsection (1), the defendant
5
bears an evidential burden in relation to the matter in subsection (3):
6
see subsection 13.3(3) of the Criminal Code. The same applies in
7
proceedings for a civil penalty under subsection (1A) of this
8
subsection.
9
9 Subsection 228(4)
10
Repeal the subsection (including the note).
11
10 After subsection 249(1)
12
Insert:
13
Offence
14
11 At the end of section 249
15
Add:
16
Civil penalty
17
(4) A person is liable to a civil penalty if the person contravenes a
18
requirement under subsection (1).
19
Civil penalty:
90 penalty units.
20
12 At the end of section 280
21
Add:
22
Civil penalty
23
(5) A person is liable to a civil penalty if the person contravenes a
24
requirement under subsection (2).
25
Civil penalty:
265 penalty units.
26
13 At the end of section 284
27
Add:
28
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 83
Civil penalty
1
(7) A person is liable to a civil penalty if the person contravenes a
2
requirement under subsection (2).
3
Civil penalty:
150 penalty units.
4
14 After subsection 286A(8)
5
Insert:
6
Civil penalty
7
(8A) A person is liable to a civil penalty if the person contravenes a
8
requirement under subsection (2), (3), (4) or (5).
9
Civil penalty:
90 penalty units.
10
15 After subsection 507(5)
11
Insert:
12
Civil penalty
13
(5A) A person is liable to a civil penalty if the person contravenes a
14
requirement in a notice under subsection (2).
15
Civil penalty:
90 penalty units.
16
16 Subsection 507(6) (heading)
17
Repeal the heading, substitute:
18
Notice to set out the effect of offence and civil penalty provisions
19
17 At the end of subsection 507(6) (before the note)
20
Add:
21
; (c) subsection (5A).
22
18 After subsection 508(5)
23
Insert:
24
Schedule 2 Offences and civil penalties
Part 1 Offences and civil penalty provisions
84 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Civil penalty
1
(5A) A person is liable to a civil penalty if the person contravenes a
2
requirement in a notice under subsection (2).
3
Civil penalty:
90 penalty units.
4
19 Subsection 508(6) (heading)
5
Repeal the heading, substitute:
6
Notice to set out the effect of offence and civil penalty provisions
7
20 At the end of subsection 508(6) (before the note)
8
Add:
9
; (c) subsection (5A).
10
21 After subsection 509(6)
11
Insert:
12
Civil penalty
13
(6A) A person is liable to a civil penalty if the person contravenes a
14
requirement in a notice under subsection (2).
15
Civil penalty:
90 penalty units.
16
22 Subsection 509(7) (heading)
17
Repeal the heading, substitute:
18
Notice to set out the effect of offence and civil penalty provisions
19
23 At the end of subsection 509(7) (before the note)
20
Add:
21
; (c) subsection (6A).
22
24 After subsection 569(6A)
23
Insert:
24
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 85
Civil penalty
1
(6B) A person is liable to a civil penalty if the person contravenes a
2
requirement under subsection (1).
3
Civil penalty:
1,000 penalty units.
4
25 After paragraph 569(7)(a)
5
Insert:
6
(aa) proceedings for a civil penalty order for the purposes of
7
subsection (6B) in relation to a breach of a paragraph of an
8
item of the table in subsection (1); or
9
26 Section 569 (notes 1 and 2)
10
Repeal the notes, substitute:
11
Note:
A petroleum titleholder is required to comply with any directions by
12
NOPSEMA or the responsible Commonwealth Minister given under
13
the following provisions:
14
(a) sections 574 and 576B (by NOPSEMA);
15
(b) section 574A (by the responsible Commonwealth Minister).
16
27 After subsection 572(5)
17
Insert:
18
Civil penalty
19
(5A) A person is liable to a civil penalty if the person contravenes a
20
requirement under subsection (2) or (3) in relation to a title area
21
covered by item 1, 2, 3, 4, 5, 6 or 7 of the table in subsection (1).
22
Civil penalty:
525 penalty units.
23
28 Section 572 (notes 1 and 2)
24
Repeal the notes, substitute:
25
Note:
A petroleum titleholder is required to comply with any directions by
26
NOPSEMA or the responsible Commonwealth Minister given under
27
the following provisions:
28
(a) sections 574 and 576B (by NOPSEMA);
29
(b) section 574A (by the responsible Commonwealth Minister).
30
29 Section 573 (fifth paragraph)
31
After "offence", insert ", or a proceeding for a civil penalty order,".
32
Schedule 2 Offences and civil penalties
Part 1 Offences and civil penalty provisions
86 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
30 Subsection 574(2) (note 2)
1
Repeal the note, substitute:
2
Note 2:
Breach of a direction may attract a criminal or civil penalty: see
3
section 576.
4
31 Subsection 574A(2) (note 2)
5
Repeal the note, substitute:
6
Note 2:
Breach of a direction may attract a criminal or civil penalty: see
7
section 576.
8
32 At the end of section 575
9
Add:
10
Civil penalty
11
(6) A person is liable to a civil penalty if the person contravenes a
12
requirement under subsection (1), (2), (3), (3A), (3B) or (3C).
13
Civil penalty:
135 penalty units.
14
33 Section 576
15
Repeal the section, substitute:
16
576 Directions under sections 574 and 574A--compliance
17
Basic rule
18
(1) A person contravenes this subsection if:
19
(a) the person is subject to a direction under section 574 or
20
574A; and
21
(b) the person engages in conduct; and
22
(c) the person's conduct breaches the direction.
23
Note 1:
NOPSEMA may do anything required to be done under a direction
24
under section 574 in the event of a breach of the direction (see
25
section 577).
26
Note 2:
The responsible Commonwealth Minister may do anything required to
27
be done under a direction under section 574A in the event of a breach
28
of the direction (see section 577A).
29
Note 3:
It is a defence in a proceeding for an offence or civil penalty order
30
under this section if the person subject to the direction proves that the
31
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 87
person took all reasonable steps to comply with the direction (see
1
section 578).
2
Fault-based offence
3
(2) A person commits an offence if the person contravenes
4
subsection (1).
5
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
6
(3) For the purposes of applying Chapter 2 of the Criminal Code to the
7
offence in subsection (2), the physical elements of the offence are
8
set out in subsection (1).
9
Note:
Chapter 2 of the Criminal Code sets out general principles of criminal
10
responsibility.
11
Strict liability offence
12
(4) A person commits an offence of strict liability if the person
13
contravenes subsection (1).
14
Penalty: 100 penalty units.
15
Note:
For strict liability, see section 6.1 of the Criminal Code.
16
Civil penalty provision
17
(5) A person is liable to a civil penalty if the person contravenes
18
subsection (1).
19
Civil penalty:
525 penalty units.
20
Defences--breach of direction by person other than a registered
21
holder
22
(6) Subsection (7) applies in relation to a breach of a direction if:
23
(a) both of the following persons are subject to the direction:
24
(i) a registered holder;
25
(ii) another person; and
26
(b) the other person is prosecuted for an offence against
27
subsection (2) or (4), or a civil penalty is sought for the
28
purposes of subsection (5), in relation to the other person's
29
breach of the direction; and
30
Schedule 2 Offences and civil penalties
Part 1 Offences and civil penalty provisions
88 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(c) the other person adduces evidence that the other person did
1
not know, and could not reasonably be expected to have
2
known, of the existence of the direction.
3
(7) Unless it is proved that the other person knew, or could reasonably
4
be expected to have known, of the existence of the direction:
5
(a) if the other person is prosecuted for an offence--the other
6
person is not to be convicted of the offence; or
7
(b) if a civil penalty order is sought against the other person--the
8
order is not to be made against the other person.
9
34 Subsection 576B(7) (note 2)
10
Repeal the note, substitute:
11
Note 2:
Breach of a direction under this section may attract a criminal or civil
12
penalty: see section 576D.
13
35 Subsection 576C(1) (note 1)
14
Omit "general" (wherever occurring).
15
36 Section 576D
16
Repeal the section, substitute:
17
576D Directions for significant offshore petroleum incidents--
18
compliance
19
Basic rule
20
(1) A person contravenes this subsection if:
21
(a) the person is subject to a direction under section 576B; and
22
(b) the person engages in conduct; and
23
(c) the person's conduct breaches the direction.
24
Note 1:
NOPSEMA may do anything required to be done under a direction in
25
the event of a breach of the direction (see section 577).
26
Note 2:
It is a defence in a proceeding for an offence or civil penalty order
27
under this section if the person subject to the direction proves that the
28
person took all reasonable steps to comply with the direction (see
29
section 578).
30
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 89
Fault-based offence
1
(2) A person commits an offence if the person contravenes
2
subsection (1).
3
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
4
(3) For the purposes of applying Chapter 2 of the Criminal Code to the
5
offence in subsection (2), the physical elements of the offence are
6
set out in subsection (1).
7
Note:
Chapter 2 of the Criminal Code sets out general principles of criminal
8
responsibility.
9
Strict liability offence
10
(4) A person commits an offence of strict liability if the person
11
contravenes subsection (1).
12
Penalty: 100 penalty units.
13
Note:
For strict liability, see section 6.1 of the Criminal Code.
14
Civil penalty provision
15
(5) A person is liable to a civil penalty if the person contravenes
16
subsection (1).
17
Civil penalty:
2,250 penalty units.
18
37 Section 578
19
Repeal the section, substitute:
20
578 Defence of taking reasonable steps to comply with a direction
21
(1) It is a defence in a prosecution for an offence, or in proceedings for
22
a civil penalty order, for a breach of a direction covered by
23
subsection (2) if the defendant proves that the defendant took all
24
reasonable steps to comply with the direction.
25
Note:
The defendant bears a legal burden in relation to a prosecution for an
26
offence: see section 13.4 of the Criminal Code. The same applies in
27
proceedings for a civil penalty.
28
(2) This subsection covers the following directions:
29
(a) a direction given by the Joint Authority or NOPSEMA under:
30
Schedule 2 Offences and civil penalties
Part 1 Offences and civil penalty provisions
90 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(i) Chapter 2; or
1
(ii) this Chapter; or
2
(iii) Part 7.1; or
3
(iv) a regulation; or
4
(b) a direction given by the responsible Commonwealth Minister
5
under this Part or Division 1 of Part 6.4.
6
38 Paragraph 584(b)
7
After "Part 6.2", insert "or Division 1 of Part 6.4".
8
39 At the end of subsection 586(2)
9
Add:
10
Note 4:
Breach of a direction may attract a criminal or civil penalty: see
11
section 587B.
12
40 Subsections 586(5) and (5A)
13
Repeal the subsections.
14
41 At the end of subsection 586A(2)
15
Add:
16
Note 3:
Breach of a direction may attract a criminal or civil penalty: see
17
section 587B.
18
42 Subsections 586A(5) and (6)
19
Repeal the subsections.
20
43 Subsection 587(2) (note)
21
Omit "Note", substitute "Note 1".
22
44 At the end of subsection 587(2)
23
Add:
24
Note 2:
Breach of a direction may attract a criminal or civil penalty: see
25
section 587B.
26
45 Subsections 587(6) and (7)
27
Repeal the subsections.
28
46 At the end of subsection 587A(2)
29
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 91
Add:
1
Note:
Breach of a direction may attract a criminal or civil penalty: see
2
section 587B.
3
47 Subsections 587A(6) and (7)
4
Repeal the subsections.
5
48 After section 587A
6
Insert:
7
587B Remedial directions--compliance
8
Basic rule
9
(1) A person contravenes this subsection if:
10
(a) the person is subject to a remedial direction; and
11
(b) the person engages in conduct; and
12
(c)
the person's conduct breaches the direction.
13
Fault-based offence
14
(2) A person commits an offence if the person contravenes
15
subsection (1).
16
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
17
(3) For the purposes of applying Chapter 2 of the Criminal Code to the
18
offence in subsection (2), the physical elements of the offence are
19
set out in subsection (1).
20
Note:
Chapter 2 of the Criminal Code sets out general principles of criminal
21
responsibility.
22
Strict liability offence
23
(4) A person commits an offence of strict liability if the person
24
contravenes subsection (1).
25
Penalty: 100 penalty units.
26
Note:
For strict liability, see section 6.1 of the Criminal Code.
27
Schedule 2 Offences and civil penalties
Part 1 Offences and civil penalty provisions
92 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Civil penalty provision
1
(5) A person is liable to a civil penalty if the person contravenes
2
subsection (1).
3
Civil penalty:
525 penalty units.
4
Remedial directions
5
(6) In this section:
6
remedial direction means a direction under any of the following
7
provisions:
8
(a) section 586 (petroleum titleholders--NOPSEMA direction);
9
(b) section 586A (petroleum titleholders--responsible
10
Commonwealth Minister direction);
11
(c) section 587 (former petroleum titleholders--NOPSEMA
12
direction);
13
(d) section 587A (former petroleum titleholders--responsible
14
Commonwealth Minister direction).
15
Note 1:
NOPSEMA may do anything required to be done under a direction
16
under section 587 in the event of a breach of the direction (see
17
section 588).
18
Note 2:
The responsible Commonwealth Minister may do anything required to
19
be done under a direction under section 587A in the event of a breach
20
of the direction (see section 590A).
21
49 Paragraph 620(3)(b)
22
Omit "hinders or obstructs", substitute "obstructs or hinders".
23
50 Subsection 620(3) (penalty)
24
Omit "for contravention of this subsection".
25
51 At the end of section 620
26
Add:
27
Civil penalties
28
(4) A person is liable to a civil penalty if the person contravenes a
29
requirement under subsection (1).
30
Civil penalty:
350 penalty units.
31
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 93
(5) A person is liable to a civil penalty if the person obstructs or
1
hinders an authorised person who is acting under subsection (1).
2
Civil penalty:
350 penalty units.
3
52 Paragraph 621(9)(b)
4
Omit "hinders or obstructs", substitute "obstructs or hinders".
5
53 Subsection 621(10) (penalty)
6
Omit "for contravention of this subsection".
7
54 At the end of section 621
8
Add:
9
Civil penalties
10
(11) A person is liable to a civil penalty if the person contravenes a
11
requirement under subsection (1), (4) or (7).
12
Civil penalty:
90 penalty units.
13
(12) A person is liable to a civil penalty if the person obstructs or
14
hinders an authorised person who is acting under subsection (1).
15
Civil penalty:
90 penalty units.
16
55 After subsection 697(3A)
17
Insert:
18
Civil penalty
19
(3B) A person is liable to a civil penalty if the person contravenes a
20
direction under subsection (2).
21
Civil penalty:
150 penalty units.
22
56 After subsection 699(5)
23
Insert:
24
Civil penalty
25
(5A) A person is liable to a civil penalty if the person contravenes a
26
requirement in a notice under subsection (2).
27
Schedule 2 Offences and civil penalties
Part 1 Offences and civil penalty provisions
94 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Civil penalty:
150 penalty units.
1
57 Subsection 699(6) (heading)
2
Repeal the heading, substitute:
3
Notice to set out the effect of offence and civil penalty provisions
4
58 After paragraph 699(6)(a)
5
Insert:
6
(aa)
subsection
(5A);
7
59 After subsection 759(3)
8
Insert:
9
Offence
10
60 After subsection 759(4)
11
Insert:
12
Civil penalty
13
(4A) A person is liable to a civil penalty if the person contravenes a
14
requirement in a notice under subsection (2).
15
Civil penalty:
150 penalty units.
16
61 Subsection 759(5) (heading)
17
Repeal the heading, substitute:
18
Notice to set out the effect of offence and civil penalty provisions
19
62 After paragraph 759(5)(a)
20
Insert:
21
(aa)
subsection
(4A);
22
63 Clause 3 of Schedule 3
23
Insert:
24
health and safety requirement: see clause 16A.
25
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 95
64 After subclause 6(2) of Schedule 3
1
Insert:
2
Offence
3
65 After subclause 6(4) of Schedule 3
4
Insert:
5
Civil penalty
6
(4A) A person is liable to a civil penalty if the person contravenes a
7
requirement under subclause (1) or (2).
8
Civil penalty:
135 penalty units.
9
66 Subclause 9(1) of Schedule 3 (note)
10
Omit "Note", substitute "Note 1".
11
67 At the end of subclause 9(1) of Schedule 3
12
Add:
13
Note 2:
Breach of a requirement under this subclause is an offence: see
14
Division 1A.
15
68 Subclauses 9(4), (4A) and (4B) of Schedule 3
16
Repeal the subclauses.
17
69 Subclause 10(1) of Schedule 3 (note)
18
Omit "Note", substitute "Note 1".
19
70 At the end of subclause 10(1) of Schedule 3
20
Add:
21
Note 2:
Breach of a requirement under this subclause is an offence: see
22
Division 1A.
23
71 Subclauses 10(4), (5) and (6) of Schedule 3
24
Repeal the subclauses.
25
72 Subclause 11(1) of Schedule 3 (note)
26
Omit "Note", substitute "Note 1".
27
Schedule 2 Offences and civil penalties
Part 1 Offences and civil penalty provisions
96 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
73 At the end of subclause 11(1) of Schedule 3
1
Add:
2
Note 2:
Breach of a requirement under this subclause is an offence: see
3
Division 1A.
4
74 Subclauses 11(5), (5A) and (5B) of Schedule 3
5
Repeal the subclauses.
6
75 Subclause 12(1) of Schedule 3 (note)
7
Omit "Note", substitute "Note 1".
8
76 At the end of subclause 12(1) of Schedule 3
9
Add:
10
Note 2:
Breach of a requirement under this subclause is an offence: see
11
Division 1A.
12
77 Subclause 12(2) of Schedule 3 (note)
13
Omit "Note", substitute "Note 1".
14
78 At the end of subclause 12(2) of Schedule 3
15
Add:
16
Note 2:
Breach of a requirement under this subclause is an offence: see
17
Division 1A.
18
79 Subclauses 12(3), (3A) and (3B) of Schedule 3
19
Repeal the subclauses.
20
80 Subclause 13(1) of Schedule 3 (note)
21
Omit "Note", substitute "Note 1".
22
81 At the end of subclause 13(1) of Schedule 3
23
Add:
24
Note 2:
Breach of a requirement under this subclause is an offence: see
25
Division 1A.
26
82 Subclauses 13(2), (2A) and (2B) of Schedule 3
27
Repeal the subclauses.
28
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 97
83 Subclause 13A(1) of Schedule 3 (note)
1
Omit "Note", substitute "Note 1".
2
84 At the end of subclause 13A(1) of Schedule 3
3
Add:
4
Note 2:
Breach of a requirement under this subclause is an offence: see
5
Division 1A.
6
85 Subclause 13A(2) of Schedule 3 (note)
7
Omit "Note", substitute "Note 1".
8
86 At the end of subclause 13A(2) of Schedule 3
9
Add:
10
Note 2:
Breach of a requirement under this subclause is an offence: see
11
Division 1A.
12
87 Subclauses 13A(3), (4) and (5) of Schedule 3
13
Repeal the subclauses.
14
88 Subclause 14(1) of Schedule 3 (note)
15
Omit "Note", substitute "Note 1".
16
89 At the end of subclause 14(1) of Schedule 3
17
Add:
18
Note 2:
Breach of a requirement under this subclause is an offence: see
19
Division 1A.
20
90 Subclauses 14(2), (2A) and (2B) of Schedule 3
21
Repeal the subclauses.
22
91 At the end of subclause 15(1) of Schedule 3
23
Add:
24
Note:
Breach of a requirement under this subclause is an offence: see
25
Division 1A.
26
92 Subclauses 15(2), (2A) and (2B) of Schedule 3
27
Repeal the subclauses.
28
Schedule 2 Offences and civil penalties
Part 1 Offences and civil penalty provisions
98 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
93 After Division 1 of Part 2 of Schedule 3
1
Insert:
2
Division 1A--Occupational health and safety duties:
3
enforcement
4
16A Meaning of health and safety requirement
5
In this Schedule:
6
health and safety requirement means a requirement under any of
7
the following provisions:
8
(a) subclause 9(1) (duties of operator);
9
(b) subclause 10(1) (duties of persons in control of facility or
10
particular work);
11
(c) subclause 11(1) (duties of employers);
12
(d) subclause 12(1) or (2) (duties of manufacturers in relation to
13
plant and substances);
14
(e) subclause 13(1) (duties of suppliers of facilities, plant and
15
substances);
16
(f) subclause 13A(1) or (2) (duties of petroleum titleholders in
17
relation to wells);
18
(g) subclause 14(1) (duties of persons erecting facilities or
19
installing plant);
20
(h) subclause 15(1) (duties of persons in relation to occupational
21
health and safety).
22
16B Occupational health and safety duties offence--recklessness
23
Offence
24
(1) A person commits an offence if:
25
(a) the person is subject to a health and safety requirement; and
26
(b) the person omits to do an act; and
27
(c) the omission breaches the requirement.
28
Penalty: 3,500 penalty units.
29
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 99
Fault elements
1
(2) Absolute liability applies to paragraph (1)(a).
2
Note:
For absolute liability, see section 6.2 of the Criminal Code.
3
(3) Recklessness applies to paragraphs (1)(b) and (c).
4
Note:
For recklessness, see section 5.4 of the Criminal Code.
5
16C Occupational health and safety duties offence--negligence
6
Offence
7
(1) A person commits an offence if:
8
(a) the person is subject to a health and safety requirement; and
9
(b) the person omits to do an act; and
10
(c) the omission breaches the requirement.
11
Penalty: 1,750 penalty units.
12
Fault elements
13
(2) Absolute liability applies to paragraph (1)(a).
14
Note:
For absolute liability, see section 6.2 of the Criminal Code.
15
(3) Negligence applies to paragraphs (1)(b) and (c).
16
Note:
For negligence, see section 5.5 of the Criminal Code.
17
94 Clause 54 of Schedule 3 (heading)
18
Repeal the heading, substitute:
19
54 OHS inspections--obstructing or hindering NOPSEMA inspector
20
95 Paragraph 54(1)(b) of Schedule 3
21
Repeal the paragraph, substitute:
22
(b) the conduct obstructs or hinders a NOPSEMA inspector in
23
the exercise of the inspector's powers under clause 50 or 51.
24
96 Subclause 54(1) of Schedule 3 (penalty)
25
Omit "50 penalty units", substitute "60 penalty units".
26
Schedule 2 Offences and civil penalties
Part 1 Offences and civil penalty provisions
100 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
97 After subclause 54(1) of Schedule 3
1
Insert:
2
(1A) A person is liable for a civil penalty if the person obstructs or
3
hinders a NOPSEMA inspector in the exercise of the inspector's
4
powers under clause 50 or 51.
5
Civil penalty:
135 penalty units.
6
98 Subclause 54(2) of Schedule 3
7
After "Subclause (1)", insert "or (1A)".
8
99 Subclause 54(2) of Schedule 3 (note 1)
9
Repeal the note, substitute:
10
Note 1:
In proceedings for an offence against subclause (1), the defendant
11
bears an evidential burden in relation to the matter in subclause (2):
12
see subsection 13.3(3) of the Criminal Code. The same applies in
13
proceedings for a civil penalty under subclause (1A).
14
100 Subclause 73(3) of Schedule 3 (at the end of the penalty)
15
Add "or 60 penalty units, or both".
16
101 Subclauses 74(5) and (7) of Schedule 3 (at the end of the
17
penalties)
18
Add "or 60 penalty units, or both".
19
102 At the end of clause 83 of Schedule 3
20
Add:
21
Civil penalty
22
(6) A person is liable to a civil penalty if the person contravenes a
23
requirement under subclause (1).
24
Civil penalty:
60 penalty units.
25
103 Subclause 86(1) of Schedule 3 (at the end of the penalty)
26
Add "or 60 penalty units, or both".
27
104 Clause 87 of Schedule 3 (after the heading)
28
Insert:
29
Offences and civil penalties Schedule 2
Offences and civil penalty provisions Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 101
Offence
1
105 Clause 87 of Schedule 3
2
Before "A person", substitute "(1)".
3
106 At the end of clause 87 of Schedule 3
4
Add:
5
Civil penalty
6
(2) A person mentioned in paragraph (1)(a) is liable to a civil penalty
7
if the person engages in the conduct mentioned in paragraph (1)(b).
8
Civil penalty:
350 penalty units.
9
107 Subclause 88(2) of Schedule 3 (penalty)
10
Omit "250 penalty units", substitute "600 penalty units".
11
12
Schedule 2 Offences and civil penalties
Part 2 Civil penalty enforcement
102 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Part 2--Civil penalty enforcement
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006
2
108 At the end of Part 6.5
3
Add:
4
Division 4--Civil penalties
5
611A Simplified outline
6
The following is a simplified outline of this Division:
7
·
This Division provides that civil penalty provisions set out in
8
this Act are enforceable under Part 4 of the Regulatory Powers
9
Act.
10
611B Civil penalty provisions
11
Specified civil penalty provisions
12
(1) A civil penalty provision in this Act may be enforced under Part 4
13
of the Regulatory Powers Act.
14
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
15
be enforced by obtaining an order for a person to pay a pecuniary
16
penalty for the contravention of the provision.
17
Authorised applicants
18
(2) The following table has effect.
19
20
Authorised applicants for civil penalty provisions
Item
For the purposes of Part 4 of the
Regulatory Powers Act, each of
the following persons ...
is an authorised applicant in
relation to the following civil
penalty provisions in this Act (to
the extent indicated) ...
1
The responsible Commonwealth
Minister
(a) subsection 575(6), in relation to a
direction given by that Minister
(see section 574A);
Offences and civil penalties Schedule 2
Civil penalty enforcement Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 103
Authorised applicants for civil penalty provisions
Item
For the purposes of Part 4 of the
Regulatory Powers Act, each of
the following persons ...
is an authorised applicant in
relation to the following civil
penalty provisions in this Act (to
the extent indicated) ...
(b) subsection 576(5), in relation to
a direction given by that Minister
(see section 574A);
(c) subsection 587B(5), in relation to
a remedial direction given by
that Minister (see sections 586A
and 587A);
(d) subsection 759(4A).
2
The Chief Executive Officer of
NOPSEMA
(a) subsection 280(5);
(b) subsection 286A(8A);
(c) subsection 569(6B);
(d) subsection 572(5A);
(e) subsection 575(6), in relation to a
direction given by NOPSEMA
(see section 574);
(f) subsection 576(5), in relation to a
direction given by NOPSEMA
(see section 574);
(g) subsection 576D(5);
(h) subsection 587B(5), in relation to
a remedial direction given by
NOPSEMA (see sections 586
and 587);
(i) subsection 620(4) or (5);
(j) subsection 621(11) or (12);
(k) subclause 6(4A) of Schedule 3;
(l) subclause 54(1A) of Schedule 3;
(m) subclause 78A(3) of Schedule 3;
(n) subclause 83(6) of Schedule 3;
(o) subclause 87(2) of Schedule 3.
3
The Titles Administrator
(a) subsection 228(1A);
(b) subsection 249(4);
(c) subsection 284(7);
(d) subsection 286A(8A);
Schedule 2 Offences and civil penalties
Part 2 Civil penalty enforcement
104 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Authorised applicants for civil penalty provisions
Item
For the purposes of Part 4 of the
Regulatory Powers Act, each of
the following persons ...
is an authorised applicant in
relation to the following civil
penalty provisions in this Act (to
the extent indicated) ...
(e) subsection 507(5A);
(f) subsection 508(5A);
(g) subsection 509(6A);
(h) subsection 697(3B);
(i) subsection 699(5A).
Relevant court
1
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
2
the following courts is a relevant court in relation to the civil
3
penalty provisions mentioned in subsection (1):
4
(a)
the
Federal
Court;
5
(b) the Federal Circuit Court;
6
(c) the Supreme Court of a State or a Territory.
7
Extension to offshore areas
8
(4) Part 4 of the Regulatory Powers Act, as it applies in relation to the
9
civil penalty provisions mentioned in subsection (1), extends to
10
each offshore area.
11
12
Offences and civil penalties Schedule 2
Application and transitional Part 3
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 105
Part 3--Application and transitional
1
109 Application of Part 1 amendments
2
The amendments made by Part 1 apply in relation to contraventions of
3
the Offshore Petroleum and Greenhouse Gas Storage Act 2006
4
occurring on or after the commencement of this Schedule.
5
110 Transitional regulations
6
The Governor-General may make regulations prescribing matters of a
7
transitional nature (including prescribing any saving or application
8
provisions) relating to the amendments and repeals made by this
9
Schedule.
10
11
Schedule 3 Using and sharing information and things
Part 1 Amendments
106 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Schedule 3--Using and sharing information
1
and things
2
Part 1--Amendments
3
Offshore Petroleum and Greenhouse Gas Storage Act 2006
4
1 At the end of Chapter 6
5
Add:
6
Part 6.11--Using and sharing offshore information
7
and things
8
Division 1--Introduction
9
695S Simplified outline
10
The following is a simplified outline of this Part:
11
·
This Part deals with using and making available certain
12
information, documents and things obtained for the purposes
13
of this Act.
14
·
The information, documents and things may be:
15
(a)
used within NOPSEMA for the purpose of
16
exercising any of its powers or performing any of
17
its functions; and
18
(b)
shared between the responsible Commonwealth
19
Minister, the Secretary, NOPSEMA, the Titles
20
Administrator and each member of the Joint
21
Authority; and
22
(c)
shared between the Chief Executive Officer of
23
NOPSEMA and certain other agencies, including
24
law enforcement agencies and State and Territory
25
Government agencies.
26
Using and sharing information and things Schedule 3
Amendments Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 107
695T Definitions
1
In this Part:
2
CEO means the Chief Executive Officer of NOPSEMA.
3
function includes duty.
4
thing includes a sample.
5
this Act includes a legislative instrument under this Act.
6
under this Act includes for the purposes of this Act.
7
695U Scope of Part
8
Information or things covered by this Part
9
(1) Subject to this section, this Part applies in relation to information, a
10
document, a copy of a document or an extract of a document (the
11
offshore information) or a thing obtained in the course of:
12
(a) the exercise of a power, or the performance of a function,
13
under this Act; or
14
(b) the administration of this Act.
15
The offshore information may be or include personal information
16
(within the meaning of the Privacy Act 1988).
17
Note:
The use or disclosure of personal information is regulated under the
18
Privacy Act 1988.
19
(2) In particular, but without limiting subsection (1), this Part applies
20
in relation to offshore information or a thing obtained by
21
NOPSEMA (including obtained by an inspector appointed by
22
NOPSEMA or the CEO, whether under a warrant issued for the
23
purposes of this Act or otherwise).
24
Example: This Part applies in relation to information given by a person to an
25
inspector under Schedule 3 in response to a requirement made of the
26
person by the inspector to answer a question.
27
(3) This Part does not, by implication, limit the use of, or making
28
available, offshore information or a thing otherwise than in
29
accordance with this Part.
30
Schedule 3 Using and sharing information and things
Part 1 Amendments
108 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Part does not apply in relation to Part 7.3
1
(4) This Part does not apply to offshore information or a thing covered
2
by Part 7.3 or a legislative instrument made for the purposes of that
3
Part.
4
Part does not apply in relation to inquiries into significant offshore
5
incidents (Part 9.10A)
6
(5) This Part does not apply to the extent that offshore information or a
7
thing is obtained in the course of the exercise of a power, or the
8
performance of a function, under or for the purposes of Part 9.10A.
9
Part does not apply in relation to certain offshore greenhouse gas
10
storage operations
11
(6) This Part does not apply to the extent that offshore information or a
12
thing relates to offshore greenhouse gas storage operations within
13
the meaning of Part 6.9, unless it is obtained in the course of the
14
exercise of a power, or the performance of a function, under or for
15
the purposes of a listed OHS law (other than Part 5 of the Offshore
16
Petroleum and Greenhouse Gas Storage (Resource Management
17
and Administration) Regulations 2011, which deals with the
18
structural integrity of wells and well operations).
19
Division 2--NOPSEMA's use of offshore information or
20
things
21
695V Purposes for which NOPSEMA may use offshore information
22
or things
23
If NOPSEMA obtains offshore information or a thing in the course
24
of the exercise of a power, or the performance of a function, under
25
this Act, NOPSEMA may use the offshore information or thing for
26
the purpose of exercising any power, or performing any function,
27
under this Act.
28
Using and sharing information and things Schedule 3
Amendments Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 109
Division 3--Sharing offshore information or things
1
695W Sharing offshore information or things for the purposes of
2
this Act
3
(1) Any of the following persons may make available offshore
4
information or a thing to another of those persons (the recipient) to
5
use as mentioned in subsection (2):
6
(a) the responsible Commonwealth Minister;
7
(b)
the
Secretary;
8
(c)
NOPSEMA;
9
(d) the Titles Administrator;
10
(e) each member of a Joint Authority.
11
(2) The recipient may use the offshore information or thing in the
12
course of the following:
13
(a) the exercise of powers, or the performance of functions,
14
under this Act;
15
(b) the administration of this Act.
16
695X CEO of NOPSEMA may share offshore information or things
17
with other agencies
18
(1) The CEO may make available offshore information or a thing to
19
one or more of the agencies referred to in subsection (2) for the
20
agency to use in the course of the exercise of the agency's powers,
21
or the performance of the agency's functions, under or for the
22
purposes of a law.
23
(2) The agencies are the following:
24
(a) the Australian Maritime Safety Authority;
25
(b) the Civil Aviation Safety Authority;
26
(c) the Australian Defence Force;
27
(d) the Australian Federal Police;
28
(e)
Customs;
29
(f) the police force of a State or Territory;
30
(g) the Director of Public Prosecutions of the Commonwealth;
31
(h) the coroner of a State or the Northern Territory;
32
Schedule 3 Using and sharing information and things
Part 1 Amendments
110 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
(i) an agency of the Commonwealth, or of a State or Territory,
1
that is responsible for administering or implementing laws
2
relating to occupational health and safety;
3
(j) an agency of the Commonwealth, or of a State or Territory,
4
that is responsible for administering or implementing laws
5
relating to the protection of the environment;
6
(k) any other agency of the Commonwealth, or of a State or
7
Territory, responsible for investigating contraventions of
8
laws, or administering or ensuring compliance with laws.
9
(3) If offshore information or a thing is made available to an agency
10
under subsection (1), the CEO may, at any time, by written notice
11
to the agency, impose conditions in relation to:
12
(a) the agency's use of the offshore information or thing; or
13
(b) whether, and the extent to which, the agency itself may make
14
the offshore information or thing available to any other
15
agency or person.
16
(4) A notice under subsection (3) is not a legislative instrument.
17
695Y Personal information
18
(1) This section applies to offshore information to the extent that it is
19
personal information.
20
(2) Before the information is made available or used as mentioned in
21
this Division, the person or agency making the information
22
available, or using the information, must take such steps as are
23
reasonable in the circumstances to ensure that the information is
24
de-identified.
25
(3) Personal information is de-identified if the information is no longer
26
about an identifiable individual or an individual who is reasonably
27
identifiable.
28
29
Using and sharing information and things Schedule 3
Application and transitional Part 2
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 111
Part 2--Application and transitional
1
2 Application
2
The amendment made by this Schedule applies in relation to the
3
following:
4
(a) offshore information, to the extent that it is personal
5
information, obtained on or after the commencement of this
6
Schedule;
7
(b) other offshore information obtained before, on or after the
8
commencement of this Schedule;
9
(c) things obtained before, on or after the commencement of this
10
Schedule.
11
3 Transitional regulations
12
The Governor-General may make regulations prescribing matters of a
13
transitional nature (including prescribing any saving or application
14
provisions) relating to the amendment made by this Schedule.
15
16
Schedule 4 Joint Authority for Tasmania
Part 1 Amendments
112 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Schedule 4--Joint Authority for Tasmania
1
Part 1--Amendments
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
1 Section 4
4
Omit:
5
·
Generally, the administration of this Act in relation to an
6
offshore area of a State is the responsibility of the Joint
7
Authority for the State (the Joint Authority is constituted
8
by the responsible State Minister and the responsible
9
Commonwealth Minister).
10
substitute:
11
·
Generally, the administration of this Act in relation to an
12
offshore area of a State is the responsibility of the Joint
13
Authority for the State. The Joint Authority for a State
14
(other than Tasmania) is constituted by the responsible
15
State Minister and the responsible Commonwealth
16
Minister. The Joint Authority for Tasmania is constituted
17
by the responsible Commonwealth Minister.
18
2 Section 7 (paragraph (a) of the definition of responsible
19
State Minister)
20
Repeal the paragraph, substitute:
21
(a) whichever of the following applies:
22
(i) the Minister of the State (other than Tasmania) who is
23
authorised under a law of the State to perform the
24
functions, and exercise the powers, of a member of the
25
Joint Authority for the State under this Act;
26
(ii) the Minister of Tasmania who is responsible for the
27
State PSLA for Tasmania, within the meaning of
28
Part 6.9 (see section 643); or
29
3 Subsection 56(2)
30
Joint Authority for Tasmania Schedule 4
Amendments Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 113
After "area of a State", insert "(other than Tasmania)".
1
4 After subsection 56(2)
2
Insert:
3
(2A) The responsible Commonwealth Minister is the Joint Authority for
4
the offshore area of Tasmania. That Joint Authority is to be known
5
as the Commonwealth-Tasmania Offshore Petroleum Joint
6
Authority.
7
5 Subsection 56(6)
8
Omit ", and", substitute ". That Joint Authority".
9
6 Subsection 56(8)
10
Omit "and is to be known as", substitute "and such a Joint Authority is
11
to be known as".
12
7 Subsections 58(1) and 59(1)
13
After "State", insert "(other than Tasmania)".
14
8 Section 60
15
After "State" (first occurring), insert "(other than Tasmania)".
16
9 Subsection 61(2)
17
After "State", insert "(other than Tasmania)".
18
10 Before paragraph 61(2A)(a)
19
Insert:
20
(aa)
Tasmania;
or
21
11 Subsection 64(1) (heading)
22
Repeal the heading, substitute:
23
Joint Authority for a State (other than Tasmania) or the Northern
24
Territory
25
12 Subparagraphs 64(1)(a)(i) and (ii)
26
After "State", insert "(other than Tasmania)".
27
Schedule 4 Joint Authority for Tasmania
Part 1 Amendments
114 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
13 After subsection 64(1)
1
Insert:
2
Joint Authority for Tasmania
3
(1A) All courts must take judicial notice of:
4
(a) the signature of a person who is, or has been:
5
(i) the Joint Authority for Tasmania; or
6
(ii) a delegate of the Joint Authority for Tasmania; and
7
(b) the fact that the person is, or was at a particular time:
8
(i) the Joint Authority for Tasmania; or
9
(ii) a delegate of the Joint Authority for Tasmania.
10
14 Section 66 (heading)
11
Repeal the heading, substitute:
12
66 Delegation by a Joint Authority for a State (other than
13
Tasmania) or the Northern Territory
14
15 Subsection 66(1)
15
After "State" (first occurring), insert "(other than Tasmania)".
16
16 Paragraph 66(1)(b)
17
Repeal the paragraph, substitute:
18
(b) an employee of the relevant State, or of the Northern
19
Territory, as the case requires.
20
17 After section 66
21
Insert:
22
66A Delegation by Joint Authority for Tasmania
23
(1) The Joint Authority for Tasmania may, by written instrument,
24
delegate to a person any or all of the functions or powers of the
25
Joint Authority under this Act or the regulations.
26
Note:
See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
27
(2) If the Joint Authority delegates a function or power under this
28
section, the delegation continues in force despite:
29
Joint Authority for Tasmania Schedule 4
Amendments Part 1
Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
No. , 2012 115
(a) a vacancy in the office of Joint Authority; or
1
(b) a change in the identity of the holder of the office of Joint
2
Authority.
3
(3) Despite subsection (2), a delegation under this section may be
4
revoked by the Joint Authority in accordance with subsection 33(3)
5
of the Acts Interpretation Act 1901.
6
(4) A copy of each instrument making, varying or revoking a
7
delegation under this section must be published in the Gazette.
8
(5) A Joint Authority may delegate a function or power to an APS
9
employee only if the APS employee is an SES employee or acting
10
SES employee.
11
Note: The
expressions
APS employee, SES employee and acting SES
12
employee are defined in section 2B of the Acts Interpretation Act
13
1901.
14
15
Schedule 4 Joint Authority for Tasmania
Part 2 Transitional
116 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures)
Bill 2012 No. , 2012
Part 2--Transitional
1
18 Previously constituted Joint Authority for Tasmania
2
(1)
This item applies to an act or thing that was done for the purposes of the
3
Offshore Act by, or in relation to, the Joint Authority for Tasmania as
4
constituted before the commencement of this Schedule.
5
(2)
On and after the commencement of this Schedule, the act or thing has
6
effect, and the Offshore Act (as amended by this Schedule) applies
7
accordingly, as if the act or thing had been done by, or in relation to, the
8
Joint Authority for Tasmania as constituted immediately after that
9
commencement.
10
(3)
However, sections 61 and 64 of the Offshore Act, as in force
11
immediately before the commencement of this Schedule, continue to
12
apply on and after that commencement in relation to records and other
13
documents signed by a person in the person's capacity as a member of
14
the Joint Authority for Tasmania as constituted before that
15
commencement.
16
(4)
In this item:
17
Offshore Act means the Offshore Petroleum and Greenhouse Gas
18
Storage Act 2006, and includes legislative instruments and other
19
instruments made under, or for the purposes of, that Act.
20
19 Transitional regulations
21
The Governor-General may make regulations prescribing matters of a
22
transitional nature (including prescribing any saving or application
23
provisions) relating to the amendments and repeals made by this
24
Schedule.
25