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PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 2004 No. 34 - SECT 18

18 Insertion of new pt 3A

After part 3--

insert--

'In this part--

Board means the National Offshore Petroleum Safety Authority Board under the Commonwealth Act.

CEO means the chief executive officer of the Safety Authority.

facility see schedule 3.

interstate Minister means the Minister of a State, other than Queensland, or the Northern Territory who is authorised for the time being under the law of the State or Territory to perform the functions of a Designated Authority under the Commonwealth Act.

'Schedule 3 has effect.

'The following provisions are the listed OHS laws--

(a) section 124A, to the extent it relates to--
(i) damage to, or interference with, a facility; or
(ii) interference with operations or activities being carried out, or works being executed, on, by means of, or in connection with, a facility;
(b) schedule 3;
(c) a regulation made for schedule 3;
(d) a regulation made for section 151D;
(e) another regulation relating to occupational health and safety matters prescribed for this paragraph.

'(1) Regulations may make provision in relation to the occupational health and safety of persons at or near a facility who are under the control of a person who is carrying on an operation.

'(2) Without limiting subsection (1), a regulation may--

(a) require a person who is carrying on an operation to establish and maintain a system of management to secure the occupational health and safety of persons mentioned in the subsection; and
(b) provide for the requirements with which the system must comply.

'The Safety Authority has the following functions--

(a) the functions conferred on it by or under this Act in relation to offshore petroleum operations;
(b) to promote the occupational health and safety of persons engaged in offshore petroleum operations;
(c) to develop and implement effective monitoring and enforcement strategies to secure compliance by persons with their occupational health and safety obligations under this Act;
(d) to investigate accidents, occurrences and circumstances that affect, or have the potential to affect, the occupational health and safety of persons engaged in offshore petroleum operations; and
(e) to report, as appropriate, to the Minister and the Commonwealth Minister on the investigations mentioned in paragraph (d);
(f) to advise persons, either on its own initiative or on request, on occupational health and safety matters relating to offshore petroleum operations;
(g) to make reports, including recommendations, to the Minister and the Commonwealth Minister on issues relating to the occupational health and safety of persons engaged in offshore petroleum operations;
(h) to cooperate with--
(i) the Minister and State agencies having functions relating to offshore petroleum operations; and
(ii) Commonwealth agencies having functions relating to offshore petroleum operations.

'(1) The Safety Authority has power to do all things necessary or convenient to be done in performing its functions.

'(2) The Safety Authority's powers include, but are not limited to, the following powers--

(a) the power to acquire, hold and dispose of real and personal property;
(b) the power to enter into contracts;
(c) the power to lease the whole or part of any land or building for the purposes of the Safety Authority;
(d) the power to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Safety Authority;
(e) the power to conduct research and development projects and to cooperate with others in those projects;
(f) the power to apply for and hold patents and exploit patents;
(g) the power to do anything incidental to any of its functions.

'All courts, judges and persons acting judicially must--

(a) take judicial notice of the imprint of the seal of the Safety Authority appearing on a document; and
(b) presume that the document was duly sealed.

'(1) The Board has the following functions--

(a) to give advice, and make recommendations, to the CEO about the operational policies and strategies to be followed by the Safety Authority in the performance of its functions;
(b) to give advice, and make recommendations, to each of the following about 1 or more prescribed matters--
(i) the Minister;
(ii) the Commonwealth Minister;
(iii) interstate Ministers;
(iv) the body known as the Ministerial Council on Mineral and Petroleum Resources;
(c) the other functions, if any, stated in a written notice given by the Commonwealth Minister to the Chair of the Board.

'(2) As soon as practicable after the Board gives advice, or makes recommendations, under subsection (1)(b) to a Minister or body mentioned in subsection (1)(b)(i), (iii) or (iv), the Board must give the Commonwealth Minister a written copy of the advice or recommendations.

'(3) In this section--

prescribed matters means the following matters--

(a) policy or strategic matters relating to the occupational health and safety of persons engaged in offshore petroleum operations;
(b) the performance by the Safety Authority of its functions.

'The Board has power to do all things necessary or convenient to be done in performing its functions.

'The performance of the functions, or the exercise of the powers, of the Board is not affected only because of there being a vacancy or vacancies in the membership of the Board.

'Anything done by the CEO in the name of the Safety Authority or on the Safety Authority's behalf is taken to have been done by the Safety Authority.

'(1) The CEO must request the Board's advice on strategic matters relating to the performance of the Safety Authority's functions.

'(2) The CEO must have regard to the advice given to him or her by the Board, whether or not the advice was given in response to a request.

'(3) The CEO must--

(a) keep the Board informed of the Safety Authority's operations; and
(b) give the Board such reports, documents and information in relation to those operations as the Chair of the Board requires.

'(1) A public service employee may perform any function and exercise any power delegated to the employee by the CEO under the Commonwealth Act.

'(2) In performing a function or exercising a power under the delegation, the delegate must comply with the directions of the CEO.

'A public service employee may assist the Safety Authority in performing its functions or exercising its powers under this Act, the Commonwealth Act, or a corresponding law.

'(1) The Minister may, by written notice given to the Safety Authority, require the Safety Authority to--

(a) prepare a report about 1 or more stated matters relating to the performance of the Safety Authority's functions or the exercise of the Safety Authority's powers; and
(b) give a copy of the report to each of the following persons within the period stated in the notice--
(i) the Minister;
(ii) each interstate Minister;
(iii) the Commonwealth Minister.

'(2) The Minister may, by written notice given to the Safety Authority, require the Safety Authority to--

(a) prepare a document setting out stated information relating to the performance of the Safety Authority's functions or the exercise of the Safety Authority's powers; and
(b) give a copy of the document to each of the following persons within the period stated in the notice--
(i) the Minister;
(ii) each interstate Minister;
(iii) the Commonwealth Minister.

'(3) The Safety Authority must comply with a requirement under subsection (1) or (2).

'(1) The Minister may request the Commonwealth Minister to give a direction, under section 150YX of the Commonwealth Act, to the Safety Authority that relates wholly or principally to the Safety Authority's operations in the adjacent area.

'(2) The Commonwealth Minister must use his or her best endeavours to make a decision on the request within 30 days after receiving the request.

'(3) If the Commonwealth Minister refuses the request, the Commonwealth Minister must give the Minister a written statement setting out the reasons for the refusal.

'(4) The Safety Authority must comply with a direction given by the Commonwealth Minister at the Minister's request under this section.

'(1) The Minister must cause reviews to be conducted of the operations of the Safety Authority in relation to the adjacent area.

'(2) The Minister must cause to be prepared a report of a review under subsection (1).

'(3) The first review is to relate to the 3 year period beginning on 1 January 2005, and is to be completed within 6 months, or a longer period allowed by the Minister, after the end of the 3 year period.

'(4) Subsequent reviews are to relate to successive 3 year periods, and must be completed within 6 months, or a longer period allowed by the Minister, after the end of the 3 year period to which the review relates.

'(5) A review under this section may be conducted in conjunction with a review under the Commonwealth Act or a corresponding law, or both.

'(6) Without limiting the matters to be covered by a review under subsection (1), the review must include an assessment of the effectiveness of the Safety Authority in bringing about improvements in the occupational health and safety of persons engaged in offshore petroleum operations.

'(7) The Minister must cause a copy of the report of a review under subsection (1) to be tabled in the Legislative Assembly within 15 sitting days after the report of the review is completed.

'(8) For this section, a review is completed when the report of the review is made available to the Minister.

'(1) This section applies to the following persons--

(a) the Safety Authority;
(b) the CEO;
(c) an OHS inspector;
(d) a person acting under the direction or authority of the Safety Authority or the CEO.

'(2) A person to whom this section applies is not personally liable for anything done or omitted to be done in good faith--

(a) in the performance of a function under a listed OHS law; or
(b) in the reasonable belief that the act or omission was in the performance of a function under a listed OHS law.'.


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