Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This section provides for when safety investigation levy imposed on a notifiable accident or occurrence becomes due and payable for the purposes of subsection 686(1) of the OPGGS Act.
When safety investigation levy becomes payable
(2) If a NOPSEMA inspector ceases to conduct the inspection in relation to the notifiable accident or occurrence before the end of the period of 3 months commencing at the threshold time, safety investigation levy becomes payable at the end of the day the inspector ceases to conduct the inspection.
(3) If a NOPSEMA inspector continues to conduct the inspection for more than 3 months, safety investigation levy becomes payable in instalments:
(a) at the end of each period of 3 months during which the inspector continues to conduct the inspection; and
(b) at the end of the day the inspector ceases to conduct the inspection.
When NOPSEMA inspector taken to have ceased to conduct inspection
(4) For the purposes of subsections (2) and (3), a NOPSEMA inspector is taken to have ceased to conduct the inspection on the earlier of the following:
(a) the day NOPSEMA refers a brief of evidence to a prosecuting agency (however described) in relation to the proposed prosecution of a person in connection with the notifiable accident or occurrence;
(b) the day NOPSEMA informs the operator of the facility, by written notice, that the inspection is complete.
(5) If an event mentioned in paragraph (4)(a) occurs, NOPSEMA must notify the operator, in writing, as soon as practicable after it occurs.
When safety investigation levy becomes due and payable
(6) An amount of safety investigation levy becomes due and payable by the end of the period of 30 days after the day NOPSEMA gives a written notice to the operator under subsection (7).
(7) If an amount of safety investigation levy becomes payable under subsection (2) or (3) in respect of a period, NOPSEMA must give a written notice of the amount to the operator:
(a) if an independent expert is appointed under section 17 to assess the costs and expenses reasonably incurred by NOPSEMA during that period in relation to the conduct of the inspection--within 14 days after the day the independent expert provides a report to NOPSEMA on the assessment; or
(b) otherwise--within 14 days after the day the amount becomes payable.
(8) If NOPSEMA fails to give a written notice to the operator in accordance with subsection (7), the validity of any subsequent notice is not affected by the failure.