Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 611E

Provisions subject to an infringement notice

  (1)   The following provisions are subject to an infringement notice under Part   5 of the Regulatory Powers Act:

  (a)   subsection   249(2);

  (b)   subsection   284(5);

  (c)   subsection   286A(7);

  (ca)   subsection   452A(7);

  (d)   subsection   508(4);

  (e)   subsection   509(4);

  (f)   subsection   575(4);

  (g)   subsection   602K(6);

  (h)   subsection   697(3);

  (i)   subclause   6(3) of Schedule   3, in its application to a contravention of subclause   6(2) of that Schedule;

  (j)   subclause   82(9) of Schedule   3;

  (k)   subclause   83(4) of Schedule   3.

Note:   Part   5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officers

  (2)   The following table has effect.

Relevant chief executive

  (3)   For the purposes of Part   5 of the Regulatory Powers Act, the relevant chief executive in relation to an infringement notice is as follows:

  (a)   the Chief Executive Officer of NOPSEMA, if the notice may be issued by the Chief Executive Officer of NOPSEMA;

  (b)   the Secretary, if the notice may be issued by the Titles Administrator;

  (c)   if the notice may be issued by either the Chief Executive Officer of NOPSEMA or the Titles Administrator--either of them.

  (4)   If the Secretary is the relevant chief executive, he or she may, in writing, delegate to an SES employee, or acting SES employee, in the Department the power to extend the period referred to in paragraph   104(1)(j) of the Regulatory Powers Act.

Note 1:   The expressions SES employee and acting SES employee are defined in section   2B of the Acts Interpretation Act 1901 .

Note 2:   See also sections   34AA and 34AB of the Acts Interpretation Act 1901 .

Note 3:   If the Chief Executive Officer of NOPSEMA is the relevant chief executive, see section   675 for the power to delegate.

  (5)   A person exercising power under a delegation under subsection   (4) must comply with any written directions of the relevant chief executive.

Single infringement notice may deal with more than one contravention

  (6)   Despite subsection   103(3) of the Regulatory Powers Act, a single infringement notice may be given to a person in respect of:

  (a)   2 or more alleged contraventions of a provision mentioned in subsection   (1); or

  (b)   alleged contraventions of 2 or more provisions mentioned in subsection   (1).

However, the notice must not require the person to pay more than one amount in respect of the same conduct.

Regulations may set out other matters to be included

  (7)   A regulation made under this Act may set out any other matters that are to be included in an infringement notice given in relation to a contravention of a provision mentioned in subsection   (1).

Extension to offshore areas

  (8)   Part   5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection   (1), extends to each offshore area.

Extension to external Territories etc.

  (9)   Part   5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection   (1), extends to each external Territory referred to in section   34.