Commonwealth Consolidated Acts Commonwealth Consolidated ActsMinister may give directions
(1) The responsible Commonwealth Minister may give written directions to NOPSEMA as to the performance of its functions or the exercise of its powers.
Note: For agreement and consultation requirements, see subsections (7) and (11).
(2) Directions given by the responsible Commonwealth Minister must not relate to regulated operations at a particular facility.
(3) Subsection (2) does not prevent the responsible Commonwealth Minister from directing NOPSEMA to investigate a particular occurrence in relation to a facility located in NOPSEMA waters.
State/Northern Territory Petroleum Minister may request the responsible Commonwealth Minister to give a direction
(4) A State Petroleum Minister or the Northern Territory Petroleum Minister may request the responsible Commonwealth Minister to give a direction to NOPSEMA that relates wholly or principally to NOPSEMA's operations in the designated coastal waters of the relevant State or the Northern Territory, as the case may be.
(5) The responsible Commonwealth Minister must use his or her best endeavours to make a decision on the request within 30 days after receiving the request.
(6) If the responsible Commonwealth Minister refuses the request, the responsible Commonwealth Minister must give the Minister who made the request a written statement setting out the reasons for the refusal.
Agreement of State/Northern Territory Petroleum Ministers
(7) The responsible Commonwealth Minister must not give a direction that relates wholly or principally to NOPSEMA's operations in the designated coastal waters of one or more of the States and the Northern Territory unless the responsible Commonwealth Minister has obtained the agreement of each State or Northern Territory Petroleum Minister concerned (the affected Minister or Ministers ).
Urgency
(8) If the responsible Commonwealth Minister is satisfied that the circumstances of a case are sufficiently urgent to warrant it, the responsible Commonwealth Minister may, despite subsection (7), give a direction to NOPSEMA without obtaining the agreement of the affected Minister or Ministers.
(9) If the responsible Commonwealth Minister gives a direction as mentioned in subsection (8), the direction expires at the end of the 30 - day period beginning on the day on which the direction was given unless, before the end of that period, the responsible Commonwealth Minister has obtained the agreement of the affected Minister or Ministers.
(10) If a direction expires because of subsection (9), this Act does not prevent the responsible Commonwealth Minister from giving a subsequent direction in the same or similar terms as the expired direction.
Consultation with State/Northern Territory Petroleum Ministers
(11) Before giving a direction that is not covered by subsection (7), the responsible Commonwealth Minister must consult each State and Northern Territory Petroleum Minister.
Compliance with directions
(12) NOPSEMA must comply with any direction given by the responsible Commonwealth Minister under this section.
Other provisions do not limit this section
(13) Sections 647 and 691 do not limit the scope of the directions that may be given by the responsible Commonwealth Minister under this section.
Directions
(14) A direction under this section is a legislative instrument.