Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This section provides for when well investigation levy imposed on a compliance investigation in respect of a levy period becomes due and payable for the purposes of subsection 688(1) of the OPGGS Act.
When well investigation levy becomes payable
(2) Well investigation levy for a levy period becomes payable:
(a) if a NOPSEMA inspector ceases to conduct the investigation during the levy period--at the end of the day the inspector ceases to conduct the investigation; and
(b) otherwise--at the end of the levy period.
When NOPSEMA inspector taken to have ceased to conduct compliance investigation
(3) For the purposes of subsection (2), a NOPSEMA inspector is taken to have ceased to conduct the compliance investigation 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 contravention or possible contravention to which the investigation relates;
(b) the day NOPSEMA informs the liable holder for the well investigation levy, by written notice, that the investigation is complete.
(4) If an event mentioned in paragraph (3)(a) occurs, NOPSEMA must notify the liable holder, in writing, as soon as practicable after it occurs.
When well investigation levy becomes due and payable
(5) An amount of well investigation levy for a levy period becomes due and payable by the end of the period of 30 days after the day NOPSEMA gives a written notice to the liable holder under subsection (6).
(6) If an amount of well investigation levy becomes payable under subsection (2) in respect of a levy period, NOPSEMA must give a written notice of the amount to the liable holder for the well investigation levy:
(a) if an independent expert is appointed under section 39 to assess the costs and expenses reasonably incurred by NOPSEMA during that period in relation to the conduct of the investigation--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.
(7) If NOPSEMA fails to give a written notice to the liable holder in accordance with subsection (6), the validity of any subsequent notice is not affected by the failure.