Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"title" means:
(a) a petroleum exploration permit; or
(b) a petroleum retention lease; or
(c) a petroleum production licence; or
(d) an infrastructure licence; or
(e) a pipeline licence; or
(f) a petroleum special prospecting authority; or
(g) a petroleum access authority.
Direction to registered holder
(2) The responsible Commonwealth Minister may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made, so long as that matter is a matter:
(a) that relates to resource management; or
(b) that relates to resource security; or
(c) in relation to which regulations may be made for the purposes of section 698 (which deals with data management).
Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made.
Note 2: Breach of a direction may attract a criminal or civil penalty: see section 576.
Note 3: For inconsistency between directions under this Division and Division 2A (which relates to significant offshore petroleum incidents), see subsection (12) of this section and subsection 576C(2).
Extended application of direction
(3) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
(a) a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:
(i) employees or agents of, or persons acting on behalf of, the registered holder;
(ii) persons performing work or services, whether directly or indirectly, for the registered holder; or
(b) any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is:
(i) in the offshore area for any reason touching, concerning, arising out of, or connected with, exploring the seabed or subsoil of the offshore area for petroleum or exploiting the petroleum that occurs as a natural resource of that seabed or subsoil; or
(ii) in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for a reason of that kind.
(4) If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be.
Note: For notification requirements, see section 575.
Additional matters
(5) The responsible Commonwealth Minister must not give a direction under this section of a standing or permanent nature except with the approval of the Joint Authority, but the validity of a direction is not affected by a breach of this subsection.
(6) A direction under this section has effect, and must be complied with, despite:
(a) any previous direction under this section; and
(b) anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act); and
(c) the applied provisions.
Note: For applied provisions , see subsection 80(2).
(7) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
(8) To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
(9) A direction under this section may prohibit the doing of an act or thing:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
(10) If a direction under this section makes provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard, the responsible Commonwealth Minister must ensure that the text of the code of practice or standard applied, adopted or incorporated is published on the Department's website.
(11) Subsection (10) does not apply if the publication would infringe copyright.
Inconsistency
(12) If a direction under section 574 is inconsistent with a direction under this section, the direction under section 574 has no effect to the extent of the inconsistency.
Directions
(13) If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
(14) If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.