Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 449

Cancellation on ground of non - compliance

  (1)   If:

  (a)   the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:

  (i)   this Chapter; or

  (ii)   Chapter   5; or

  (iia)   Chapter   5A; or

  (iii)   Chapter   6; or

  (iv)   Part   8.1; or

  (v)   the regulations; and

  (b)   the holder has been convicted of an offence relating to that non - compliance;

the responsible Commonwealth Minister may exercise a power of cancellation under subsection   447(1) on the ground of that non - compliance, even though the holder has been convicted of that offence.

  (1A)   If:

  (a)   a person has not complied with subsection   566N(1) or 566ZA(1) in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; and

  (b)   the person has been convicted of an offence relating to that non - compliance;

the responsible Commonwealth Minister may exercise a power of cancellation under subsection   447(1) on the ground of that non - compliance, even though the person has been convicted of that offence.

  (2)   If:

  (a)   a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:

  (i)   this Chapter; or

  (ii)   Chapter   5; or

  (iia)   Chapter   5A; or

  (iii)   Chapter   6; or

  (iv)   Part   8.1; or

  (v)   the regulations; and

  (b)   the responsible Commonwealth Minister has exercised a power of cancellation under subsection   447(1) on the ground of that non - compliance;

the person may be convicted of an offence relating to the non - compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.

  (2A)   If:

  (a)   a person has not complied with subsection   566N(1) or 566ZA(1) in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; and

  (b)   the responsible Commonwealth Minister has exercised a power of cancellation under subsection   447(1) on the ground of that non - compliance;

the person may be convicted of an offence relating to the non - compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.

Cancellation on ground of non - payment

  (3)   If:

  (a)   the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the holder under:

  (i)   this Act; or

  (ii)   section   10E of the Regulatory Levies Act;

    within the period of 90 days after the day on which the amount became payable; and

  (b)   either:

  (i)   judgment for the amount has been obtained; or

  (ii)   the amount, or any part of the amount, has been paid or recovered;

the responsible Commonwealth Minister may exercise a power of cancellation under subsection   447(1) on the ground of that non - payment, even though:

  (c)   judgment for the amount has been obtained; or

  (d)   the amount, or a part of the amount, has been paid or recovered.

  (4)   If:

  (a)   a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the person under:

  (i)   this Act; or

  (ii)   section   10E of the Regulatory Levies Act;

    within the period of 90 days after the day on which the amount became payable; and

  (b)   the responsible Commonwealth Minister has exercised a power of cancellation under subsection   447(1) on the ground of that non - payment;

the person continues to be liable to pay:

  (c)   that amount; and

  (d)   any late payment penalty relating to that amount;

even though the responsible Commonwealth Minister has exercised that power of cancellation.