Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 695YB

  (1)   This section sets out the matters in relation to which regard must be had in making certain decisions under this Act.

Note:   For example, the Joint Authority must have regard to these matters in relation to a person when deciding whether the Joint Authority is prepared to grant the person a petroleum exploration permit (see subsection   105(4)).

  (2)   The matters are as follows:

  (a)   if the person is an individual--the person's experience in the following:

  (i)   petroleum exploration or recovery;

  (ii)   the injection or storage of greenhouse gas substances;

  (b)   if the person is a body corporate--the experience of the officers (within the meaning of the Corporations Act 2001 ) of the body corporate in the following:

  (i)   petroleum exploration or recovery;

  (ii)   the injection or storage of greenhouse gas substances;

  (c)   whether the person has been found guilty of an offence against, or ordered to pay a pecuniary penalty under, any of the following:

  (i)   this Act, including any regulations made under this Act;

  (ii)   any other law of the Commonwealth prescribed by the regulations;

  (iii)   the Criminal Code or the Crimes Act 1914 , to the extent that it relates to this Act or a law prescribed for the purposes of subparagraph   (ii);

  (d)   whether the person has contravened this Act, including any regulations made under this Act, or a law prescribed for the purposes of subparagraph   (c)(ii);

  (e)   whether in any criminal or civil proceedings against the applicant, or in any action against the applicant by an agency of the Commonwealth or a State or Territory, the person is found to have engaged in conduct involving fraud or dishonesty;

  (f)   whether the person has contravened a direction given under Chapter   2, 3 or 6, Part   7.1 or Part   8.1 of this Act;

  (g)   if the person has made an application for any of the following, whether the application was refused:

  (i)   a petroleum production licence;

  (ii)   an infrastructure licence;

  (iii)   a pipeline licence;

  (iv)   a greenhouse gas injection licence;

  (h)   if the person is or has been a registered holder of any of the following titles, whether the title was cancelled or partly cancelled:

  (i)   a petroleum exploration permit;

  (ii)   a petroleum retention lease;

  (iii)   a petroleum production licence;

  (iv)   an infrastructure licence;

  (v)   a pipeline licence;

  (vi)   a greenhouse gas assessment permit;

  (vii)   a greenhouse gas holding lease;

  (viii)   a greenhouse gas injection licence;

  (i)   whether the person:

  (i)   has made a false or misleading statement in an application under this Act or regulations made under this Act; or

  (ii)   has given false or misleading information, documents or evidence to the Joint Authority for an offshore area, the responsible Commonwealth Minister, the Titles Administrator, NOPSEMA or the Cross - boundary Authority;

  (j)   whether a debt is due and payable by the person to the Commonwealth under:

  (i)   this Act, including any regulations made under this Act; or

  (ii)   another law of the Commonwealth prescribed by the regulations;

  (k)   whether the person has been a Chapter   5 body corporate (within the meaning of the Corporations Act 2001 ) or an insolvent under administration;

  (l)   if the person is or has been an officer (within the meaning of the Corporations Act 2001 ) of a body corporate--whether the body corporate is or has been a Chapter   5 body corporate (within the meaning of the Corporations Act 2001 );

  (m)   if the person is an individual--whether the person has ever been disqualified from managing corporations under Part   2D.6 of the Corporations Act 2001 ;

  (n)   if the person is an individual--whether the person has been found, in any criminal or civil proceedings against the person, to have committed an offence against, or contravened, a provision of Division   1 of Part   2D.1 of the Corporations Act 2001 ;

  (o)   any other matter prescribed by the regulations.

  (3)   Nothing in this section affects the operation of Part   VIIC of the Crimes Act 1914 .

Note:   Part   VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.