Commonwealth Numbered Acts

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1980 No. 80, 1980 - SECT 10

10. After Part I of the Principal Act the following Part is inserted:



"PART 1A-THE JOINT AUTHORITIES Establishment of Joint Authorities

"8A. (1) For the purposes of this Act, there is established in respect of the
adjacent area in respect of each State a Joint Authority consisting of the
Commonwealth Minister and the State Minister.



"(2) The Joint Authority in respect of the adjacent area in respect of New
South Wales shall be known as the Commonwealth-New South Wales Off- shore
Petroleum Joint Authority, and the Joint Authority in respect of the adjacent
area in respect of each other State shall have a corresponding name.



"(3) For the purposes of this Act, there is established in respect of the
adjacent area in respect of the Northern Territory a Joint Authority
consisting of the Commonwealth Minister and the Territory Minister, and that
Joint Authority shall be known as the Commonwealth-Northern Territory
Off-shore Petroleum Joint Authority. Acting Ministers

"8B. (1) The functions and powers of the Commonwealth Minister under this
Part, including his functions and powers as a member of a Joint Authority, may
be performed and exercised by another Minister of the Commonwealth acting for
and on behalf of the Commonwealth Minister, and references in this Part to the
Commonwealth Minister or to the members of a Joint Authority shall be read as
including references to a Minister so acting.



"(2) The functions and powers of the State Minister of a State or of the
Northern Territory Minister under this Part as a member of a Joint Authority
may be performed and exercised by a Minister of the State or of the Northern
Territory acting for and on behalf of the State Minister or the Northern
Territory Minister, and references in this Part to the State Minister, the
Northern Territory Minister or the Members of a Joint Authority shall be read
as including references to a Minister so acting. Functions of Joint
Authorities

"8C. A Joint Authority has such functions as are conferred on it by this Act
in relation to the operation of this Act in respect of the adjacent area in
respect of which the Joint Authority is established. Procedure of Joint
Authorities

"8D. (1) The business of a Joint Authority may be conducted at meetings of the
Joint Authority or by written or other communication between the members of
the Joint Authority.



"(2) If the members of a Joint Authority disagree with respect to the decision
to be made on a matter within the functions of the Joint Authority or the
State Minister or the Northern Territory Minister (as the case may be) has not
stated to the Commonwealth Minister his opinion as to the decision to be made
on such a matter after having been given by the Commonwealth Minister not less
than 30 days notice in writing of the opinion of the Commonwealth Minister as
to the decision that should be made on the matter, the Commonwealth Minister
may decide the matter and that decision shall have effect as the decision of
the Joint Authority.



"(3) A reference in this Act to the opinion or state of mind of the Joint
Authority shall be read as a reference to the opinion or state of mind of the
two members of the Joint Authority or, in the event of their disagreement, the
opinion or state of mind of the Commonwealth Minister.



"(4) The Designated Authority shall cause written records to be kept of the
decisions of a Joint Authority and such a record, if signed by a person who
was a member of the Joint Authority at the time of the decision, is prima
facie evidence that the decision, as recorded, was duly made.



"(5) A document signed, on behalf of the Joint Authority, by the Designated
Authority shall be deemed to be duly executed by the Joint Authority and,
unless the contrary is proved, shall be deemed to be in accordance with a
decision of the Joint Authority.



"(6) All communications to or by the Joint Authority shall be made through the
Designated Authority.



"(7) All courts shall take judicial notice of the signature of a person who is
or has been a member of a Joint Authority and of the fact that he is, or was
at a particular time, such a member.



"(8) In this section, 'court' includes any Federal or State court or a court
of a Territory and all persons authorized by the law of the Commonwealth, of a
State, or of a Territory or by consent of parties to receive evidence.



"(9) Notwithstanding sub-section (2), the provisions of the agreement between
the Government of the Commonwealth and the Government of Western Australia a
copy of which is set out in Schedule 4 have the force of law under and for the
purposes of this Act. Reference of certain matters by Designated Authority to
Joint Authority

"8E. (1) This section applies to such functions of the Designated Authority as
are specified in Schedule 5.



"(2) If the Designated Authority proposes to take any action in the
performance of a function to which this section applies otherwise than in
accordance with a request of the Commonwealth Minister, he shall, by notice in
writing served on the Commonwealth Minister, inform him of the proposed action
and of all particulars of that action and shall not take the proposed action
before the expiration of 30 days from the day on which the notice is so served
unless the Commonwealth Minister has informed the Designated Authority that
the Commonwealth Minister does not object to the proposed action.



"(3) Where notice of proposed action is served on the Commonwealth Minister in
accordance with sub-section (2), he may, within 30 days from the date on which
the notice is so served, inform the Designated Authority that he wishes the
proposed action to be considered by the Joint Authority and in that event the
proposed action shall be considered by the Joint Authority and the Designated
Authority shall not take the action before the Joint Authority has completed
that consideration.



"(4) Where, in accordance with sub-section (3), the Joint Authority has
considered proposed action of the Designated Authority, the Joint Authority
may, subject to sub-section (5), give any direction that it thinks fit to the
Designated Authority with respect to the proposed action, including a
direction not to take the action or a direction to vary the action.



"(5) For the purpose of considering the giving of a direction under this
section, the Joint Authority shall proceed as if-

   (a)  the relevant function of the Designated Authority were a function of
        the Joint Authority and the Joint Authority were considering an
        exercise by itself of that function; and

   (b)  references in the relevant provisions of this Act to the opinion or
        state of mind of the Designated Authority were references to the
        opinion or state of mind of the Joint Authority.



"(6) A reference in this section to the taking of action or to action shall be
read as including a reference to refusal to take action. Notification by
Designated Authority of decisions by Joint Authority

"8F. Where, under this Act, any instrument is required or permitted to be
executed or issued by the Joint Authority or any action is required or
permitted to be taken by the Joint Authority by way of notification,
communication or service of any matter or instrument, that instrument shall be
executed or issued, or that action shall be taken, by the Designated Authority
on behalf of the Joint Authority in accordance with a decision of the Joint
Authority and, for the purposes of any proceedings, any instrument executed or
issued by the Designated Authority, or any action taken by the Designated
Authority by way of notification, communication or service on any matter or
instrument, purporting to be executed, issued or taken on behalf of the Joint
Authority, shall, unless the contrary is proved, be deemed to be in accordance
with a decision of the Joint Authority. Certain Territories

"8G. In relation to the adjacent area in respect of a Territory referred to in
section 7-

   (a)  the functions and powers of the Joint Authority shall be performed and
        exercised by the Designated Authority, and the provisions of this Act
        relating to those functions and powers apply, mutatis mutandis,
        accordingly; and

   (b)  section 8E has no application.".