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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Electricity Infrastructure Bill
2021
No. , 2021
(Industry, Science, Energy and Resources)
A Bill for an Act to regulate offshore renewable
energy infrastructure and offshore electricity
transmission infrastructure, and for related
purposes
No. , 2021
Offshore Electricity Infrastructure Bill 2021
i
Contents
Chapter 1--Preliminary
1
Part 1--Introduction
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Object of this Act............................................................................... 2
4
Simplified outline of this Act ............................................................ 2
5
External Territories ............................................................................ 3
6
Crown to be bound ............................................................................ 4
7
Provisions to apply to certain offshore electricity
transmission infrastructure subject to international
obligations ......................................................................................... 4
Part 2--Definitions
5
8
Definitions ......................................................................................... 5
9
Datum provisions............................................................................. 14
10
Meaning of
offshore renewable energy infrastructure
.................... 14
11
Meaning of
offshore electricity transmission infrastructure
............ 15
12
Offshore renewable energy infrastructure and offshore
electricity transmission infrastructure .............................................. 16
13
Meaning of
renewable energy resource
.......................................... 17
Chapter 2--Regulation of offshore infrastructure
activities
18
Part 1--Prohibition of unauthorised offshore infrastructure
activities
18
14
Simplified outline of this Part .......................................................... 18
15
Prohibition of unauthorised offshore infrastructure activities
in the Commonwealth offshore area ................................................ 18
Part 2--Declaring areas for offshore renewable energy
infrastructure
20
Division 1--Introduction
20
16
Simplified outline of this Part .......................................................... 20
Division 2--Declared areas
21
17
Declared areas ................................................................................. 21
18
Notice of proposal to declare an area ............................................... 22
19
Making a decision............................................................................ 22
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20
Conditions that apply to a declaration ............................................. 23
21
Period for which a declaration remains in force .............................. 24
Division 3--Varying a declaration
25
22
Variation to extend period or increase declared area ....................... 25
23
Variation of conditions, or to reduce declared area ......................... 26
24
Consultation on proposed variation ................................................. 27
25
Varying a declaration to make minor and technical
corrections ....................................................................................... 28
Division 4--Revoking a declaration
29
26
Revoking a declaration .................................................................... 29
27
Revoking a declaration--consultation ............................................. 30
Chapter 3--Licensing
31
Part 1--Licences
31
Division 1--Introduction
31
28
Simplified outline of this Part .......................................................... 31
29
Licensing scheme ............................................................................ 32
Division 2--Feasibility licences
33
30
Purpose of a feasibility licence ........................................................ 33
31
Activities authorised by a feasibility licence ................................... 33
32
Applications for feasibility licences ................................................ 33
33
Grant of a feasibility licence ............................................................ 34
34
Merit criteria for a feasibility licence .............................................. 35
35
Conditions that apply to a feasibility licence ................................... 36
36
Term of a feasibility licence ............................................................ 37
37
Extending the term of a feasibility licence ...................................... 38
38
Varying a feasibility licence ............................................................ 38
Division 3--Commercial licences
40
39
Purpose of a commercial licence ..................................................... 40
40
Activities authorised by a commercial licence ................................ 40
41
Applications for commercial licences .............................................. 40
42
Grant of a commercial licence ......................................................... 41
43
Minister may require applicant to consult etc. ................................. 43
44
Merit criteria for a commercial licence ............................................ 43
45
Conditions that apply to a commercial licence ................................ 44
46
Term of a commercial licence ......................................................... 45
47
Extending the term of a commercial licence .................................... 45
48
Varying a commercial licence ......................................................... 46
No. , 2021
Offshore Electricity Infrastructure Bill 2021
iii
Division 4--Research and demonstration licences
48
49
Purpose of a research and demonstration licence ............................ 48
50
Activities authorised by a research and demonstration
licence.............................................................................................. 48
51
Applications for research and demonstration licences ..................... 49
52
Grant of a research and demonstration licence ................................ 49
53
Merit criteria for a research and demonstration licence ................... 50
54
Conditions that apply to a research and demonstration
licence.............................................................................................. 51
55
Term of a research and demonstration licence................................. 51
56
Extending the term of a research and demonstration licence ........... 52
57
Varying a research and demonstration licence ................................ 53
Division 5--Transmission and infrastructure licences
55
58
Purpose of a transmission and infrastructure licence ....................... 55
59
Activities authorised by a transmission and infrastructure
licence.............................................................................................. 55
60
Applications for transmission and infrastructure licences ............... 55
61
Grant of a transmission and infrastructure licence ........................... 56
62
Merit criteria for a transmission and infrastructure licence ............. 57
63
Conditions that apply to a transmission and infrastructure
licence.............................................................................................. 58
64
Term of a transmission and infrastructure licence ........................... 58
65
Extending the term of a transmission and infrastructure
licence.............................................................................................. 59
66
Varying a transmission and infrastructure licence ........................... 59
Part 2--General provisions about licences
61
Division 1--Introduction
61
67
Simplified outline of this Part .......................................................... 61
Division 2--Licence transfers
62
68
Licences to be transferred only under this Division......................... 62
69
Application for transfer ................................................................... 62
70
Minister may transfer licence .......................................................... 62
71
Licence transfer does not affect conditions or end day .................... 63
72
Financial security for a transferred licence ...................................... 63
Division 3--Cancelling and surrendering licences
65
73
Cancellation of licence .................................................................... 65
74
Surrender of licence ......................................................................... 66
Division 4--Other general provisions about licences
69
75
False or misleading information ...................................................... 69
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76
False or misleading documents ........................................................ 69
77
Interference with other activities by licence holder ......................... 70
78
Interference with other activities by other person carrying
out activities under licence .............................................................. 71
79
No conditions about payment of money .......................................... 72
80
Basis on which licences granted ...................................................... 72
81
Changes to the boundaries of the Commonwealth offshore
area .................................................................................................. 73
82
Licences etc. are not personal property for the purposes of
the
Personal Property Securities Act 2009
...................................... 73
Part 3--Change in control of a licence holder
74
Division 1--Introduction
74
83
Simplified outline of this Part .......................................................... 74
84
Meaning of
control
and
change in control
of licence holder ........... 74
85
Meaning of
approval period
............................................................ 75
Division 2--Application and approval of change in control of a
licence holder
76
86
Application for approval .................................................................. 76
87
Registrar must decide whether to approve change in control .......... 76
88
Notice of decision ............................................................................ 77
89
Retention and return of instrument .................................................. 77
90
Limit of effect of approval ............................................................... 77
91
Notification of change in circumstances before or during
approval period ................................................................................ 78
92
Revocation of approval .................................................................... 78
93
Notification of change in control ..................................................... 79
94
Change in control information to be entered in Register ................. 80
Division 3--Change in control must be approved
81
95
Change in control must be approved by Registrar ........................... 81
96
Notification of change in control that takes effect without
approval ........................................................................................... 82
97
Notification of change in control by licence holder ......................... 83
Division 4--Information-gathering powers
84
98
Registrar may obtain information and documents ........................... 84
99
Complying with information-gathering notice ................................ 85
100
Power to examine on oath or affirmation ........................................ 86
101
Self-incrimination ............................................................................ 86
102
Copies of documents ....................................................................... 87
103
Registrar may retain documents ...................................................... 87
No. , 2021
Offshore Electricity Infrastructure Bill 2021
v
104
False or misleading information ...................................................... 88
105
False or misleading documents ........................................................ 88
106
False or misleading evidence ........................................................... 88
Division 5--Tracing and anti-avoidance
90
107
Tracing ............................................................................................ 90
108
Anti-avoidance ................................................................................ 91
Division 6--Other provisions
93
109
Registrar etc. not concerned with the effect of instrument
lodged under this Part ...................................................................... 93
110
Falsified documents ......................................................................... 93
111
Inspection of instruments ................................................................. 93
112
Evidentiary provisions ..................................................................... 93
Chapter 4--Management and protection of
infrastructure
96
Part 1--Management and operation of infrastructure
96
Division 1--Introduction
96
113
Simplified outline of this Part .......................................................... 96
Division 2--Management plans
97
114
Licensing scheme must provide for management plans .................. 97
115
Matters that a management plan must address................................. 98
Division 3--Operations
100
116
Maintenance and removal of property etc. by licence holder ........ 100
Division 4--Financial security
102
117
Requirement to provide financial security ..................................... 102
118
Contravention of requirement to provide financial security .......... 103
119
Recovery and application of financial security .............................. 104
Part 2--Directions powers
106
Division 1--Introduction
106
120
Simplified outline of this Part ........................................................ 106
Division 2--General power to give directions
107
121
General power to give directions--Regulator ............................... 107
122
Directions under section 121 may extend outside of licence
area ................................................................................................ 109
123
Directions under section 121--compliance ................................... 110
124
Regulator may take action if there is a breach of a direction
under section 121 ........................................................................... 112
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Division 3--Remedial directions
114
125
Remedial directions--power to issue directions under
different provisions ........................................................................ 114
126
Remedial directions by the Regulator ............................................ 114
127
Remedial directions by the Minister .............................................. 116
128
Remedial directions--compliance ................................................. 117
129
Regulator may take action if direction breached or
arrangement not carried out ........................................................... 118
130
Removal, disposal or sale of property by Regulator--breach
of direction .................................................................................... 120
131
Removal, disposal or sale of property--limitation of action
etc. ................................................................................................. 122
132
Minister may take action if direction breached or
arrangement not carried out ........................................................... 123
Division 4--Defence of taking reasonable steps to comply with a
direction
124
133
Defence of taking reasonable steps to comply with a
direction ......................................................................................... 124
Part 3--Protection of infrastructure
125
Division 1--Introduction
125
134
Simplified outline of this Part ........................................................ 125
Division 2--Offence of interfering with infrastructure
126
135
Interfering with infrastructure........................................................ 126
Division 3--Safety zones
127
Subdivision A--Safety zones
127
136
Safety zones ................................................................................... 127
137
Determination on Regulator's initiative or in response to
application ..................................................................................... 128
138
When a determination takes effect................................................. 129
139
Offences of entering or being present in a safety zone .................. 129
Subdivision B--Authorised safety zone officials and powers in
relation to safety zones
131
140
Authorised safety zone officials .................................................... 131
141
Requirement to move vessel etc. ................................................... 131
Division 4--Protection zones
134
Subdivision A--Determinations
134
142
Regulator may determine a protection zone .................................. 134
143
Determination on Regulator's initiative or in response to
application ..................................................................................... 135
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Offshore Electricity Infrastructure Bill 2021
vii
144
Prohibited activities ....................................................................... 135
145
Restricted activities ....................................................................... 135
146
When a determination takes effect................................................. 136
147
Determination continues in effect even if infrastructure
ceases to operate ............................................................................ 136
Subdivision B--Offences in relation to protection zones
136
148
Engaging in prohibited or restricted activities ............................... 136
149
Defences to offence of engaging in prohibited or restricted
activities ........................................................................................ 137
150
Master or owner of vessel used in offence of engaging in
prohibited or restricted activities ................................................... 137
151
Foreign nationals and foreign vessels ............................................ 138
Chapter 5--Administration
140
Part 1--Offshore Infrastructure Registrar
140
Division 1--Introduction
140
152
Simplified outline of this Part ........................................................ 140
Division 2--Offshore Infrastructure Registrar
141
153
Offshore Infrastructure Registrar ................................................... 141
154
Functions of the Registrar .............................................................. 141
155
Powers of the Registrar.................................................................. 142
156
Delegation by the Registrar ........................................................... 142
157
Consultants .................................................................................... 143
158
Registrar to be assisted by APS employees in the
Department .................................................................................... 143
159
Annual report ................................................................................. 143
160
Reviews of activities of Registrar .................................................. 143
161
Judicial notice of signature of the Registrar .................................. 144
Division 3--The Register of Offshore Infrastructure Licences
145
162
Register to be kept ......................................................................... 145
163
Records to be made in Register ..................................................... 145
164
Entry in Register--events affecting a licence ................................ 146
165
Other instruments or notices to be included in register .................. 147
166
Notation in Register--applicable datum ........................................ 147
167
Material that must not be included in a record for a licence .......... 147
168
Notification requirements--licence holder .................................... 147
169
Evidentiary provisions ................................................................... 148
170
Corrections of clerical errors or obvious defects ........................... 149
Division 4--Offshore Infrastructure Registrar Special Account
150
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171
Offshore Infrastructure Registrar Special Account ........................ 150
172
Credits to the Offshore Infrastructure Registrar Special
Account ......................................................................................... 150
173
Purposes of the Offshore Infrastructure Registrar Special
Account ......................................................................................... 151
Part 2--Offshore Infrastructure Regulator
152
Division 1--Introduction
152
174
Simplified outline of this Part ........................................................ 152
Division 2--The Regulator
153
175
The Regulator ................................................................................ 153
176
The CEO of the Regulator ............................................................. 153
177
Functions of the Regulator ............................................................ 153
178
Powers of the Regulator ................................................................ 155
179
Delegation by the Regulator .......................................................... 155
180
Consultants and persons seconded to the Regulator ...................... 156
181
Minister may require Regulator to prepare reports or give
information .................................................................................... 156
182
Minister may give directions to Regulator ..................................... 157
183
Additional functions and powers ................................................... 157
184
Annual reports ............................................................................... 160
Division 3--Other financial matters
161
185
Money received by the Regulator .................................................. 161
186
Commonwealth payments to the Regulator ................................... 161
187
Application of money of the Regulator ......................................... 161
Part 3--Fees and offshore electricity infrastructure levy
163
188
Simplified outline of this Part ........................................................ 163
189
Fees ............................................................................................... 163
190
Offshore electricity infrastructure levy .......................................... 164
Part 4--Compliance and enforcement
166
Division 1--Introduction
166
191
Simplified outline of this Part ........................................................ 166
Division 2--OEI inspectors
167
192
OEI inspectors--appointment ....................................................... 167
193
OEI inspectors--directions by Regulator ...................................... 168
194
OEI inspectors--reimbursement for exercise of powers
relating to the Registrar ................................................................. 168
Division 3--Monitoring and investigation powers
170
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Offshore Electricity Infrastructure Bill 2021
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195
Monitoring powers (general) ......................................................... 170
196
Investigation powers (general) ...................................................... 173
197
Monitoring and investigation powers (special provisions) ............ 175
198
Monitoring powers (entering offshore premises without
warrant) ......................................................................................... 176
199
Investigation powers (entering offshore premises without
warrant) ......................................................................................... 177
200
Monitoring and investigation powers (reasonable facilities
and assistance) ............................................................................... 178
201
OEI inspections--licence holder's representative ......................... 179
202
Monitoring and investigation powers (relationship with other
powers) .......................................................................................... 180
203
Obstructing or hindering OEI inspector ......................................... 181
204
OEI inspections--reports .............................................................. 181
Division 4--Compliance powers
183
205
Do not disturb notices--issue ........................................................ 183
206
Do not disturb notices--notification and display........................... 184
207
Prohibition notices--issue ............................................................. 185
208
Prohibition notices--notification ................................................... 187
209
Improvement notices--issue ......................................................... 189
210
Improvement notices--compliance ............................................... 191
211
Tampering with and removing notices .......................................... 192
212
Publishing prohibition notices and improvement notices .............. 192
Division 5--Civil penalties
194
213
Civil penalty provisions ................................................................. 194
214
Contravening civil penalty provisions ........................................... 196
Division 6--Infringement notices
197
215
Infringement notices ...................................................................... 197
216
Evidentiary matters ........................................................................ 199
Division 7--Injunctions
201
217
Injunctions ..................................................................................... 201
Division 8--Enforceable undertakings
204
218
Enforceable undertakings .............................................................. 204
219
Publication of enforceable undertakings ........................................ 207
220
Compliance with enforceable undertaking .................................... 208
221
Listed WHS laws ........................................................................... 209
Division 9--Adverse publicity orders
210
222
Adverse publicity orders ................................................................ 210
Division 10--Miscellaneous
212
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223
Physical elements of offences ........................................................ 212
224
Contravening offence and civil penalty provisions ........................ 212
Chapter 6--Application of work health and safety
laws and other laws
213
Part 1--Work Health and Safety
213
Division 1--Introduction
213
225
Simplified outline of this Part ........................................................ 213
Division 2--Application of the Work Health and Safety Act 2011
214
226
Application of the
Work Health and Safety Act 2011
.................... 214
227
References to Comcare .................................................................. 214
228
Section 4 (definitions) ................................................................... 214
229
Section 4 (definition of
inspector
) ................................................. 215
230
Section 12 (scope) ......................................................................... 215
231
Section 12A (Act does not apply to certain vessels, structures
and facilities) ................................................................................. 216
232
Division 3 of Part 2 (further duties of persons conducting
businesses or undertakings) ........................................................... 216
233
Section 37 (what is a
dangerous incident
) ..................................... 216
234
Section 90 (provisional improvement notices) .............................. 216
235
Section 92 (contents of provisional improvement notice) ............. 217
236
Section 102 (decision of inspector on review of provisional
improvement notice) ...................................................................... 218
237
Part 7 (workplace entry by WHS entry permit holders)................. 218
238
Parts 8 to 11 ................................................................................... 219
239
Division 1 of Part 14 (general provisions) ..................................... 219
240
Section 274 (approved codes of practice) ...................................... 219
241
Schedule 2 (the regulator and local tripartite consultation
arrangements and other local arrangements) ................................. 220
242
Schedule 3 (regulation-making powers) ........................................ 220
243
Regulations under the Work Health and Safety Act ...................... 220
Division 3--Other work health and safety provisions
221
244
Functions and powers of OEI inspectors ....................................... 221
Part 2--Application of State and Territory laws in
Commonwealth offshore area
222
Division 1--Introduction
222
245
Simplified outline of this Part ........................................................ 222
246
Laws that this Part applies to ......................................................... 222
No. , 2021
Offshore Electricity Infrastructure Bill 2021
xi
247
Meaning of
included offshore area
of a State or Territory ............ 222
Division 2--Application of State and Territory laws
223
248
Application of State and Territory laws in offshore areas ............. 223
249
Disapplication and modification of laws ....................................... 224
250
Limit on application of laws .......................................................... 225
251
Inconsistent law not applied .......................................................... 225
252
Criminal laws not applied .............................................................. 225
253
Tax laws not applied ...................................................................... 225
254
Appropriation law not applied ....................................................... 225
255
Applied laws not to confer Commonwealth judicial power ........... 225
256
Applied laws not to contravene constitutional restrictions on
conferral of powers on courts ........................................................ 226
257
No limits on ordinary operation of law .......................................... 226
258
Jurisdiction of State courts ............................................................ 226
259
Jurisdiction of Territory courts ...................................................... 226
260
Validation of certain acts ............................................................... 226
261
Certain provisions not affected by this Part ................................... 227
Chapter 7--Information relating to offshore
infrastructure
228
Part 1--Managing data and gathering information
228
Division 1--Introduction
228
262
Simplified outline of this Part ........................................................ 228
Division 2--Data management
229
263
Data management directions--offshore infrastructure
activities ........................................................................................ 229
264
Data management directions--merit criteria ................................. 229
265
Data management directions--giving a data management
direction ......................................................................................... 229
266
Minister may give directions to Registrar ...................................... 230
267
Complying with data management directions ................................ 230
268
Regulations about data management ............................................. 231
Division 3--Information-gathering
232
269
Information-gathering notices ....................................................... 232
270
Complying with information-gathering notice .............................. 233
271
Copying documents--reasonable compensation ........................... 234
272
Power to examine on oath or affirmation ...................................... 234
273
Self-incrimination .......................................................................... 234
274
Copies of documents ..................................................................... 235
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275
Registrar or OEI inspector may retain documents ......................... 235
276
False or misleading information .................................................... 236
277
False or misleading documents ...................................................... 236
278
False or misleading evidence ......................................................... 237
279
Directions by Registrar .................................................................. 237
Part 2--Release of regulatory information
238
280
Simplified outline of this Part ........................................................ 238
281
Registrar to make documents available to the Minister ................. 238
Part 3--Release of information given to Registrar
239
Division 1--Introduction
239
282
Simplified outline of this Part ........................................................ 239
Division 2--Protection of confidentiality of information
240
Subdivision A--Documentary information obtained by the
Registrar
240
283
Protection of confidentiality of documentary information
obtained by the Registrar ............................................................... 240
284
Registrar may make information available to a Minister, a
State Minister or a Territory Minister ............................................ 240
Subdivision B--Documentary information obtained by a Minister
241
285
Protection of confidentiality .......................................................... 241
Subdivision C--Miscellaneous
241
286
Fees ............................................................................................... 241
287
Review by Minister ....................................................................... 242
288
Privacy Act .................................................................................... 242
Division 3--Copyright
243
289
Publishing or making copies of applicable documents not an
infringement of copyright .............................................................. 243
Part 4--Using and sharing offshore infrastructure information
and things
244
Division 1--Introduction
244
290
Simplified outline of this Part ........................................................ 244
291
Scope of Part ................................................................................. 244
Division 2--Regulator's use of offshore infrastructure
information or things
246
292
Purposes for which Regulator may use offshore
infrastructure
information or things ............................................... 246
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Division 3--Sharing offshore infrastructure information or
things
247
293
Sharing offshore infrastructure
information or things for the
purposes of this Act ....................................................................... 247
294
Regulator may share offshore infrastructure information or
things with other agencies ............................................................. 247
295
Personal information ..................................................................... 248
Chapter 8--Miscellaneous
249
Part 1--Miscellaneous provisions
249
296
Simplified outline of this Part ........................................................ 249
297
Review of decisions ....................................................................... 249
298
Application of the
Lands Acquisition Act 1989
............................. 250
299
Jurisdiction of State courts ............................................................ 250
300
Jurisdiction of Territory courts ...................................................... 250
301
Liability for acts and omissions ..................................................... 251
302
Compensation for acquisition of property ..................................... 252
303
Delegation by Minister .................................................................. 252
Part 2--Regulations
254
304
Simplified outline of this Part ........................................................ 254
305
Regulations .................................................................................... 254
306
Regulations may provide for offences ........................................... 254
307
Regulations may provide for approved forms................................ 254
308
Regulations dealing with the Regulatory Powers Act .................... 255
309
Pre-existing infrastructure ............................................................. 257
No. , 2021
Offshore Electricity Infrastructure Bill 2021
1
A Bill for an Act to regulate offshore renewable
1
energy infrastructure and offshore electricity
2
transmission infrastructure, and for related
3
purposes
4
The Parliament of Australia enacts:
5
Chapter 1--Preliminary
6
Part 1--Introduction
7
8
1 Short title
9
This Act is the
Offshore Electricity Infrastructure Act 2021
.
10
Chapter 1
Preliminary
Part 1
Introduction
Section 2
2
Offshore Electricity Infrastructure Bill 2021
No. , 2021
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Object of this Act
13
The object of this Act is to provide an effective regulatory
14
framework for:
15
(a) offshore renewable energy infrastructure; and
16
(b) offshore electricity transmission infrastructure.
17
4 Simplified outline of this Act
18
This Act regulates offshore electricity infrastructure by:
19
(a)
prohibiting unauthorised offshore renewable energy
20
infrastructure and offshore electricity transmission
21
infrastructure in the Commonwealth offshore area; and
22
Preliminary
Chapter 1
Introduction
Part 1
Section 5
No. , 2021
Offshore Electricity Infrastructure Bill 2021
3
(b)
providing for the Minister to declare areas that are
1
suitable for offshore renewable energy infrastructure;
2
and
3
(c)
providing for the Minister to grant various kinds of
4
licences authorising offshore renewable energy
5
infrastructure and offshore electricity transmission
6
infrastructure in the Commonwealth offshore area.
7
Offshore renewable energy infrastructure is offshore infrastructure
8
(such as an offshore wind farm) for generating electricity or other
9
forms of energy from renewable energy resources, and storing or
10
transmitting the electricity or energy.
11
Offshore electricity transmission infrastructure is offshore
12
infrastructure (such as an undersea cable and other infrastructure
13
associated with the cable) for storing or transmitting electricity
14
(including electricity not generated from renewable sources).
15
For the purpose of regulating offshore electricity infrastructure,
16
this Act establishes the Offshore Infrastructure Registrar and
17
provides for the National Offshore Petroleum Safety and
18
Environmental Management Authority to be the Offshore
19
Infrastructure Regulator for the purposes of this Act.
20
The Registrar is responsible for keeping the Register of Offshore
21
Infrastructure Licences, and for other administrative tasks.
22
The Regulator is responsible for the management and operation of
23
offshore infrastructure, and for monitoring, investigating and
24
enforcing compliance in the Commonwealth offshore area.
25
Work health and safety is provided for by applying the
Work
26
Health and Safety Act 2011
to offshore infrastructure activities.
27
This Act also applies State and Territory laws in relation to
28
offshore infrastructure.
29
5 External Territories
30
This Act extends to the following external Territories:
31
Chapter 1
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4
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(a) Norfolk Island;
1
(b) the Coral Sea Islands Territory;
2
(c) the Territory of Ashmore and Cartier Islands;
3
(d) the Territory of Christmas Island;
4
(e) the Territory of Cocos (Keeling) Islands;
5
(f) the Territory of Heard Island and McDonald Islands.
6
6 Crown to be bound
7
(1) This Act binds the Crown in each of its capacities.
8
(2) However, this Act does not make the Crown liable to a pecuniary
9
penalty or to be prosecuted for an offence.
10
(3) The protection in subsection (2) does not apply to an authority of
11
the Crown.
12
7 Provisions to apply to certain offshore electricity transmission
13
infrastructure subject to international obligations
14
(1) This section applies to the provisions of this Act to the extent to
15
which they relate to offshore electricity transmission infrastructure
16
for the transmission of electricity to or from a place beyond the
17
outer limits of the Commonwealth offshore area.
18
(2) The provisions have effect subject to Australia's obligations under
19
international law, including obligations under any agreement
20
between Australia and any foreign country or countries.
21
Preliminary
Chapter 1
Definitions
Part 2
Section 8
No. , 2021
Offshore Electricity Infrastructure Bill 2021
5
Part 2--Definitions
1
2
8 Definitions
3
In this Act:
4
acts jointly with
: for when a person
acts jointly with
another
5
person, see subsection 84(2).
6
applicable document
means:
7
(a) an application made to the Minister or the Registrar under
8
Chapter 3 (licensing); or
9
(b) a document accompanying such an application; or
10
(c) a report, return or other document that relates to a licence or
11
an application for a licence and was given to the Minister or
12
the Registrar under:
13
(i) Chapter 3 (licensing) or 7 (information relating to
14
offshore infrastructure); or
15
(ii) regulations made for the purposes of those Chapters.
16
applied State and Territory provisions
: see subsection 248(2).
17
applied work health and safety provisions
means the provisions of
18
the Work Health and Safety Act, and (subject to section 243 of this
19
Act) the regulations made under that Act, as applied by Part 1 of
20
Chapter 6 of this Act.
21
approval period
: see section 85.
22
Australia
, when used in a geographical sense, includes the external
23
Territories to which this Act extends.
24
Note:
For the external Territories to which this Act extends, see section 5.
25
Australian national
means:
26
(a) an Australian citizen; or
27
(b) a body corporate established by, or under, a law of:
28
(i) the Commonwealth; or
29
(ii) a State; or
30
Chapter 1
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Part 2
Definitions
Section 8
6
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(iii) a Territory; or
1
(c) the Commonwealth; or
2
(d) a State; or
3
(e) a Territory.
4
Australian vessel
has
the same meaning as
Australian ship
has in
5
the
Customs Act 1901
.
6
authorised safety zone official
: see section 140.
7
CEO
means the Chief Executive Officer of NOPSEMA.
8
Note 1:
See section 176.
9
Note 2:
NOPSEMA is the Regulator for the purposes of this Act (see
10
section 175).
11
change in control
: for when there is a
change in control
of a
12
licence holder, see subsection 84(4).
13
civil penalty provision
has the same meaning as in the Regulatory
14
Powers Act.
15
coastal waters
:
16
(a) of a State--means that part of the sea that is included in the
17
coastal waters of the State (within the meaning of the
Coastal
18
Waters (State Powers) Act 1980
) and includes the airspace
19
over, and the seabed and subsoil beneath, that part of that
20
sea; and
21
(b) of the Northern Territory--means that part of the sea that is
22
included in the coastal waters of the Territory (within the
23
meaning of the
Coastal Waters (Northern Territory Powers)
24
Act 1980
) and includes the airspace over, and the seabed and
25
subsoil beneath, that part of that sea.
26
commercial licence
means a licence granted under section 42.
27
Commonwealth offshore area
means the following areas, and the
28
seabed and subsoil beneath those areas:
29
(a) the territorial sea of Australia;
30
(b) the exclusive economic zone;
31
Preliminary
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Definitions
Part 2
Section 8
No. , 2021
Offshore Electricity Infrastructure Bill 2021
7
but does not include the coastal waters of a State or the Northern
1
Territory.
2
constitutional corporation
means a corporation to which
3
paragraph 51(xx) of the Constitution applies.
4
controls
: for when a person
controls
a licence holder, see
5
subsection 84(1).
6
data management direction
means a direction given under
7
subsection 263(2) or 264(2).
8
datum
means a reference frame for defining geographic
9
coordinates.
10
Note:
If the position on the surface of the Earth of a particular point is
11
identified by a coordinate that is determined by reference to a
12
particular datum, the use of a different datum will result in the same
13
point being identified by a different coordinate.
14
declaration
means a declaration under section 17.
15
declared area
: see subsection 17(2).
16
Defence Minister
means the Minister administering section 1 of
17
the
Defence Act 1903
.
18
de-identified
, in relation to personal information, has the same
19
meaning as in the
Privacy Act 1988
.
20
documentary information
means information contained in an
21
applicable document.
22
do not disturb notice
: see subsection 205(2).
23
eligible person
means:
24
(a) a body corporate that has a registered office (within the
25
meaning of the
Corporations Act 2001
) in Australia; or
26
(b) a body corporate established for a public purpose by or under
27
a law of the Commonwealth or a State or Territory.
28
Note:
A person must be an eligible person in order to apply for a licence,
29
and a licence that is not held by an eligible person may be cancelled.
30
end day
:
31
Chapter 1
Preliminary
Part 2
Definitions
Section 8
8
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(a) of a feasibility licence--has the meaning given by section 36
1
(subject to any extension under section 37); and
2
(b) of a commercial licence--has the meaning given by
3
section 46 (subject to any extension under section 47); and
4
(c) of a research and demonstration licence--has the meaning
5
given by section 55 (subject to any extension under
6
section 56); and
7
(d) of a transmission and infrastructure licence--has the
8
meaning given by section 64 (subject to any extension under
9
section 65).
10
engage in conduct
means to do an act or omit to do an act.
11
enter
, when used in relation to premises that are a vessel, includes
12
board.
13
evidential material
has the same meaning as in the Regulatory
14
Powers Act.
15
exploit
, in relation to a renewable energy resource, includes:
16
(a) generating or obtaining a renewable energy product from the
17
renewable energy resource; and
18
(b) storing, transmitting or otherwise conveying a renewable
19
energy product generated or obtained from the renewable
20
energy resource.
21
explore
includes exploring for the existence of, or assessing or
22
scoping the extent, capacity or attributes of, a renewable energy
23
resource.
24
feasibility licence
means a licence granted under section 33.
25
Federal Court
means the Federal Court of Australia.
26
fixed or tethered infrastructure
means any infrastructure, structure
27
or installation that:
28
(a) rests on the seabed; or
29
(b) is fixed or connected to the seabed (whether or not the
30
infrastructure, structure or installation is floating); or
31
Preliminary
Chapter 1
Definitions
Part 2
Section 8
No. , 2021
Offshore Electricity Infrastructure Bill 2021
9
(c) is attached or tethered to any other fixed or tethered
1
infrastructure (including other fixed or tethered infrastructure
2
covered by this paragraph);
3
but does not include a vessel that is temporarily moored or
4
anchored to the seabed.
5
foreign national
means a person who is not an Australian national.
6
foreign vessel
means a vessel that is not an Australian vessel.
7
holder
, in relation to a licence, means an eligible person to whom a
8
licence has been:
9
(a) granted under Part 1 of Chapter 3; or
10
(b) transferred under section 70;
11
so long as the licence has not been cancelled under section 73,
12
surrendered under section 74 (in respect of the whole of the licence
13
area) or transferred to another eligible person under section 70.
14
improvement notice
: see subsection 209(2).
15
included offshore area
of a State or Territory: see section 247.
16
infrastructure integrity
, in relation to offshore renewable energy
17
infrastructure or offshore electricity transmission infrastructure,
18
means the following:
19
(a) the ability of the infrastructure to perform in accordance with
20
its intended purpose;
21
(b) the structural soundness, strength and stability of the
22
infrastructure;
23
(c) the mechanical integrity and systems integrity (including the
24
integrity of electrical, hydraulic and other systems) of the
25
infrastructure.
26
licence
means any of the following:
27
(a) a feasibility licence;
28
(b) a commercial licence;
29
(c) a research and demonstration licence;
30
(d) a transmission and infrastructure licence.
31
licence area
, in relation to a licence, has the meaning given by:
32
Chapter 1
Preliminary
Part 2
Definitions
Section 8
10
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(a) for a feasibility licence--subsection 33(2); and
1
(b) for a commercial licence--subsection 42(2); and
2
(c) for a research and demonstration licence--subsection 52(2);
3
and
4
(d) for a transmission and infrastructure licence--
5
subsection 61(3).
6
licence holder's representative
: see subsection 201(2).
7
licence infrastructure
, in relation to a licence, means offshore
8
renewable energy infrastructure or offshore electricity transmission
9
infrastructure that is, or is to be, constructed, installed,
10
commissioned, operated, maintained or decommissioned in
11
accordance with the licence.
12
licensing scheme
: see subsection 29(1).
13
listed WHS law
: see section 221.
14
management plan
: the
management plan
for a licence is a plan,
15
for the offshore infrastructure activities and other activities that are
16
to be carried out under the licence, that has been approved by the
17
Regulator under the licensing scheme.
18
Note:
See section 114 (licensing scheme must provide for management
19
plans).
20
master
, in relation to a vessel, means the person having command
21
or charge of the vessel.
22
meets the merit criteria
:
23
(a) for when a feasibility licence
meets the merit criteria
, see
24
section 34; and
25
(b) for when a commercial licence
meets the merit criteria
, see
26
section 44; and
27
(c) for when a research and demonstration licence
meets the
28
merit criteria
, see section 53; and
29
(d) for when a transmission and infrastructure licence
meets the
30
merit criteria
, see section 62.
31
NOPSEMA
means the National Offshore Petroleum Safety and
32
Environmental Management Authority.
33
Preliminary
Chapter 1
Definitions
Part 2
Section 8
No. , 2021
Offshore Electricity Infrastructure Bill 2021
11
OEI inspection
means an inspection conducted by an OEI
1
inspector in the exercise of the OEI inspector's powers under
2
Part 2 or 3 of the Regulatory Powers Act, as it applies under
3
Division 3 of Part 4 of Chapter 5 of this Act.
4
OEI inspector
means a person appointed as an OEI inspector under
5
section 192.
6
offshore electricity infrastructure levy
has the same meaning as in
7
the
Offshore Electricity Infrastructure (Regulatory Levies) Act
8
2021
.
9
offshore electricity transmission infrastructure
has the meaning
10
given by section 11.
11
offshore infrastructure activity
means the construction,
12
installation, commissioning, operation, maintenance or
13
decommissioning of:
14
(a) offshore renewable energy infrastructure; or
15
(b) offshore electricity transmission infrastructure.
16
offshore infrastructure information
has the meaning given by
17
section 291.
18
offshore infrastructure project
, in relation to a licence, means all
19
of the following:
20
(a) the offshore renewable energy infrastructure or offshore
21
electricity transmission infrastructure that is, or is to be,
22
constructed, installed, commissioned, operated, maintained
23
or decommissioned under the licence;
24
(b) any activities that are, or are to be, carried out under the
25
licence in the licence area by or on behalf of the licence
26
holder;
27
(c) any activities that this Act requires to be carried out in the
28
licence area by or on behalf of the licence holder.
29
Offshore Infrastructure Registrar Special Account
means the
30
Offshore Infrastructure Registrar Special Account established by
31
section 171.
32
offshore premises
means any of the following:
33
Chapter 1
Preliminary
Part 2
Definitions
Section 8
12
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(a) offshore renewable energy infrastructure in the
1
Commonwealth offshore area;
2
(b) offshore electricity transmission infrastructure in the
3
Commonwealth offshore area;
4
(c) any vessel, or other premises, in the Commonwealth offshore
5
area that is being used or is to be used, or that has been used,
6
for the carrying out of an activity in connection with the
7
exercise of a licence holder's rights, or the performance of a
8
licence holder's obligations, under this Act or the licence.
9
offshore renewable energy infrastructure
has the meaning given
10
by section 10.
11
own
includes own jointly or own in part.
12
personal information
has the same meaning as in the
Privacy Act
13
1988
.
14
premises
has the same meaning as in the Regulatory Powers Act.
15
Note:
See also subsection 197(2), which provides for an extended meaning
16
of
premises
for the purposes of certain provisions of the Regulatory
17
Powers Act.
18
prohibition notice
: see subsection 207(2).
19
proposed commercial offshore infrastructure project
, in relation
20
to a feasibility licence (including an application for a feasibility
21
licence): see paragraph 30(a).
22
protection zone
means a protection zone determined by the
23
Regulator under subsection 142(1).
24
Register
means the Register of Offshore Infrastructure Licences
25
kept under section 162.
26
Registrar
means the Offshore Infrastructure Registrar.
27
Note:
See section 153.
28
Regulator
means NOPSEMA.
29
Note:
See section 175.
30
Preliminary
Chapter 1
Definitions
Part 2
Section 8
No. , 2021
Offshore Electricity Infrastructure Bill 2021
13
Regulatory Powers Act
means the
Regulatory Powers (Standard
1
Provisions) Act 2014
.
2
renewable energy product
means:
3
(a) electricity generated or obtained from one or more renewable
4
energy resources; or
5
(b) any thing that embodies or contains energy that was
6
generated or obtained from one or more renewable energy
7
resources, for the purposes of storing, transmitting or using
8
the energy.
9
renewable energy resource
has the meaning given by section 13.
10
research and demonstration licence
means a licence granted under
11
section 52.
12
safety zone
: see subsection 136(2).
13
Secretary
means the Secretary of the Department.
14
this Act
includes the regulations.
15
transmission and infrastructure licence
means a licence granted
16
under section 61.
17
vacated area
, in relation to a licence (including a licence that is no
18
longer in effect), means any area that:
19
(a) was at any time part of the licence area; and
20
(b) is no longer part of the licence area:
21
(i) because the licence has ceased to be in effect; or
22
(ii) because the licence has been varied to remove the area;
23
or
24
(iii) because the licence has been extended, but the extension
25
does not apply to the area; or
26
(iv) because the licence has been surrendered in respect of
27
the area; or
28
(v) for any other reason;
29
and, in relation to a commercial licence that was granted on the
30
basis of a particular feasibility licence, includes an area that:
31
(c) is a vacated area in relation to the feasibility licence; and
32
Chapter 1
Preliminary
Part 2
Definitions
Section 9
14
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(d) is not part of the licence area of the commercial licence.
1
vessel
means any kind of vessel used in navigation by water,
2
however propelled or moved.
3
Work Health and Safety Act
: see section 226.
4
9 Datum provisions
5
(1) Subject to subsection (2), the position on the surface of the Earth of
6
a point, a line or an area is to be determined, for the purposes of
7
this Act, by reference to the Australian Geodetic Datum as defined
8
in Gazette No. 84 of 6 October 1966 (AGD66 geodetic data set).
9
(2) The regulations may:
10
(a) provide for the position on the surface of the Earth of a point,
11
a line or an area to be determined in some other way for the
12
purposes of this Act; and
13
(b) make provision for matters of a transitional nature arising
14
from a change in the way the position on the surface of the
15
Earth of a point, a line or an area is to be determined.
16
(3) Subsection (2) does not authorise the regulations to provide for any
17
change to the position on the surface of the Earth of a point, line or
18
area.
19
(4) Regulations made for the purposes of subsection (2) may apply,
20
adopt or incorporate, with or without modification, any matter
21
contained in any instrument or other writing as in force at a
22
particular time or as in force from time to time.
23
10 Meaning of
offshore renewable energy infrastructure
24
(1) For the purposes of this Act,
offshore renewable energy
25
infrastructure
means fixed or tethered infrastructure that has the
26
primary purpose of engaging in any of the following activities:
27
(a) exploring for one or more renewable energy resources;
28
(b) assessing the feasibility of exploiting a renewable energy
29
resource;
30
(c) exploiting a renewable energy resource;
31
Preliminary
Chapter 1
Definitions
Part 2
Section 11
No. , 2021
Offshore Electricity Infrastructure Bill 2021
15
(d) storing, transmitting or conveying a renewable energy
1
product.
2
(2) The following are also
offshore renewable energy infrastructure
:
3
(a) any infrastructure, structure or installation that would be
4
offshore renewable energy infrastructure except that it is
5
being constructed, installed or decommissioned;
6
(b) any infrastructure, structure or installation that would be
7
offshore renewable energy infrastructure except that it has
8
temporarily or accidentally ceased to be fixed or tethered
9
infrastructure.
10
Exclusions
11
(3) Despite subsections (1) and (2), the following are not
offshore
12
renewable energy infrastructure
:
13
(a) an infrastructure facility within the meaning of the
Offshore
14
Petroleum and Greenhouse Gas Storage Act 2006
;
15
(b) a facility within the meaning of Schedule 3 to that Act;
16
(c) fixed or tethered infrastructure for the purpose of exploring
17
for minerals (within the meaning of the
Offshore Minerals
18
Act 1994
) or recovery of minerals (within the meaning of that
19
Act);
20
(d) a cable:
21
(i) that is laid on or beneath the seabed that lies beneath the
22
Commonwealth offshore area; and
23
(ii) that is not connected to any place in Australia; and
24
(iii) that is not connected to anything else in, or inside the
25
inner limits of, the Commonwealth offshore area.
26
Note:
See also section 309 (pre-existing infrastructure).
27
11 Meaning of
offshore electricity transmission infrastructure
28
(1) For the purposes of this Act,
offshore electricity transmission
29
infrastructure
means fixed or tethered infrastructure that has the
30
primary purpose of storing, transmitting or conveying electricity
31
(whether or not the electricity is generated from a renewable
32
energy resource).
33
Chapter 1
Preliminary
Part 2
Definitions
Section 12
16
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(2) The following are also
offshore electricity transmission
1
infrastructure
:
2
(a) any infrastructure, structure or installation that would be
3
offshore electricity transmission infrastructure except that it
4
is being constructed, installed or decommissioned;
5
(b) any infrastructure, structure or installation that would be
6
offshore electricity transmission infrastructure except that it
7
has temporarily or accidentally ceased to be fixed or tethered
8
infrastructure.
9
Exclusions
10
(3) Despite subsections (1) and (2), the following are not
offshore
11
electricity transmission infrastructure
:
12
(a) an infrastructure facility within the meaning of the
Offshore
13
Petroleum and Greenhouse Gas Storage Act 2006
;
14
(b) a facility within the meaning of Schedule 3 to that Act;
15
(c) fixed or tethered infrastructure for the purpose of exploring
16
for minerals (within the meaning of the
Offshore Minerals
17
Act 1994
) or recovery of minerals (within the meaning of that
18
Act);
19
(d) a cable:
20
(i) that is laid on or beneath the seabed that lies beneath the
21
Commonwealth offshore area; and
22
(ii) that is not connected to any place in Australia; and
23
(iii) that is not connected to anything else in, or inside the
24
inner limits of, the Commonwealth offshore area.
25
Note:
See also section 309 (pre-existing infrastructure).
26
12 Offshore renewable energy infrastructure and offshore electricity
27
transmission infrastructure
28
To avoid doubt, a single piece of infrastructure may be both
29
offshore renewable energy infrastructure and offshore electricity
30
transmission infrastructure.
31
Preliminary
Chapter 1
Definitions
Part 2
Section 13
No. , 2021
Offshore Electricity Infrastructure Bill 2021
17
13 Meaning of
renewable energy resource
1
(1) For the purposes of this Act, a
renewable energy resource
is any
2
of the following from which energy may be obtained:
3
(a) wind and air flow;
4
(b) wind-generated waves;
5
(c) tides;
6
(d) ocean currents;
7
(e) light or heat from the sun;
8
(f) rain;
9
(g) geothermal heat;
10
(h) a resource, event or circumstance prescribed by the
11
regulations for the purposes of this paragraph.
12
Regulations
13
(2) For the purposes of this Act, the regulations may provide that a
14
resource, event or circumstance referred to in subsection (1) has
15
the meaning prescribed by the regulations.
16
(3) For the purposes of this Act, the regulations may make provision
17
for and in relation to limiting the meaning of a resource, event or
18
circumstance referred to in subsection (1).
19
Chapter 2
Regulation of offshore infrastructure activities
Part 1
Prohibition of unauthorised offshore infrastructure activities
Section 14
18
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Chapter 2--Regulation of offshore
1
infrastructure activities
2
Part 1--Prohibition of unauthorised offshore
3
infrastructure activities
4
5
14 Simplified outline of this Part
6
It is prohibited to construct, install, commission, operate, maintain
7
or decommission:
8
(a)
offshore renewable energy infrastructure; or
9
(b)
offshore electricity transmission infrastructure;
10
in the Commonwealth offshore area without a licence or other
11
authorisation under this Act.
12
15 Prohibition of unauthorised offshore infrastructure activities in
13
the Commonwealth offshore area
14
(1) A person contravenes this subsection if:
15
(a) the person constructs, installs, commissions, operates,
16
maintains or decommissions fixed or tethered infrastructure;
17
and
18
(b) the fixed or tethered infrastructure is:
19
(i) offshore renewable energy infrastructure; or
20
(ii) offshore electricity transmission infrastructure; and
21
(c) the fixed or tethered infrastructure is in the Commonwealth
22
offshore area.
23
Exception--licence or other authorisation
24
(2) Subsection (1) does not apply to conduct that is:
25
(a) authorised by a licence; or
26
(b) otherwise authorised or required by or under this Act.
27
Regulation of offshore infrastructure activities
Chapter 2
Prohibition of unauthorised offshore infrastructure activities
Part 1
Section 15
No. , 2021
Offshore Electricity Infrastructure Bill 2021
19
Note 1:
A defendant bears an evidential burden in relation to the matter in this
1
subsection (see subsection 13.3(3) of the
Criminal Code
and
2
section 96 of the Regulatory Powers Act).
3
Note 2:
A licence authorises the construction, installation, commissioning,
4
operation, maintenance or decommissioning of offshore renewable
5
energy infrastructure or offshore electricity transmission infrastructure
6
only if there is a management plan for the licence and the licence
7
holder has provided financial security in relation to the infrastructure.
8
Fault-based offence
9
(3) A person commits an offence if the person contravenes
10
subsection (1).
11
Penalty: Imprisonment for 5 years.
12
Civil penalty
13
(4) A person is liable for a civil penalty if the person contravenes
14
subsection (1).
15
Civil penalty:
3,000 penalty units.
16
Chapter 2
Regulation of offshore infrastructure activities
Part 2
Declaring areas for offshore renewable energy infrastructure
Division 1
Introduction
Section 16
20
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Part 2--Declaring areas for offshore renewable
1
energy infrastructure
2
Division 1--Introduction
3
16 Simplified outline of this Part
4
The Minister may declare an area in the Commonwealth offshore
5
area if the Minister is satisfied that the area is suitable for offshore
6
renewable energy infrastructure.
7
A declaration may allow feasibility licences, commercial licences
8
and research and demonstration licences to be granted in respect of
9
licence areas in the declared area (transmission and infrastructure
10
licences are not limited to declared areas). The declaration can
11
limit the kinds of licences that may be granted, and require
12
conditions to be imposed on them.
13
The Part also provides for the variation and revocation of
14
declarations, and consultation requirements that must be satisfied
15
before a declaration is made, varied or revoked.
16
Regulation of offshore infrastructure activities
Chapter 2
Declaring areas for offshore renewable energy infrastructure
Part 2
Declared areas
Division 2
Section 17
No. , 2021
Offshore Electricity Infrastructure Bill 2021
21
Division 2--Declared areas
1
17 Declared areas
2
(1) Subject to subsection (3), the Minister may, by legislative
3
instrument, declare a specified area in the Commonwealth offshore
4
area for the purposes of this Act.
5
(2) An area declared under subsection (1) is a
declared area
for the
6
purposes of this Act.
7
(3) The Minister may declare an area only if:
8
(a) a notice proposing to declare the area has been published
9
under section 18; and
10
(b) the day specified in the notice under paragraph 18(d) as the
11
day by which submissions may be made has passed; and
12
(c) the Minister has consulted:
13
(i) the Defence Minister; and
14
(ii) the Minister administering section 1 of the
Navigation
15
Act 2012
; and
16
(d) the Minister is satisfied that the area is suitable for offshore
17
renewable energy infrastructure.
18
(4) A declared area:
19
(a) need not be continuous; and
20
(b) may be all of, or part of, the area specified in the notice under
21
paragraph 18(a).
22
(5) A declaration must set out the following:
23
(a) the declared area;
24
(b) any conditions under section 20 that the declaration is subject
25
to.
26
(6) Subsection 33(3) of the
Acts Interpretation Act 1901
does not
27
apply in relation to a declaration.
28
Note:
For revocation of a declaration, see section 26 of this Act. For
29
variation of a declaration, see sections 22 to 25 of this Act.
30
Chapter 2
Regulation of offshore infrastructure activities
Part 2
Declaring areas for offshore renewable energy infrastructure
Division 2
Declared areas
Section 18
22
Offshore Electricity Infrastructure Bill 2021
No. , 2021
18 Notice of proposal to declare an area
1
If the Minister proposes to declare an area, the Minister must
2
publish a notice on the Department's website that:
3
(a) specifies the area that the Minister proposes to declare; and
4
(b) invites submissions from the public on the proposal; and
5
(c) specifies how submissions may be made; and
6
(d) specifies the day by which submissions may be made (which
7
must be at least 60 days after the day the notice is published);
8
and
9
(e) includes any other information that the Minister considers
10
appropriate.
11
19 Making a decision
12
(1) In deciding for the purposes of paragraph 17(3)(d) whether an area
13
is suitable for offshore renewable energy infrastructure, the
14
Minister must have regard to the following:
15
(a) the potential impacts of the construction, installation,
16
commissioning, operation, maintenance or decommissioning
17
of offshore renewable energy infrastructure in the area on
18
other marine users and interests;
19
(b) any submissions received in accordance with the notice under
20
section 18;
21
(c) any advice received as a result of the consultation mentioned
22
in paragraph 17(3)(c);
23
(d) Australia's international obligations in relation to the area.
24
(2) The Minister may also have regard to any other matters that the
25
Minister considers relevant.
26
(3) If the Minister is not satisfied that the whole of the proposed
27
declared area is suitable for all kinds of offshore renewable energy
28
infrastructure, the Minister may:
29
(a) decide not to make a declaration; or
30
(b) do either or both of the following, as the Minister thinks
31
appropriate:
32
Regulation of offshore infrastructure activities
Chapter 2
Declaring areas for offshore renewable energy infrastructure
Part 2
Declared areas
Division 2
Section 20
No. , 2021
Offshore Electricity Infrastructure Bill 2021
23
(i) declare a part of the proposed declared area that the
1
Minister is satisfied is suitable for offshore renewable
2
energy infrastructure;
3
(ii) declare an area subject to such conditions under
4
section 20 as the Minister considers will make the
5
declared area suitable for offshore renewable energy
6
infrastructure.
7
20 Conditions that apply to a declaration
8
(1) This section applies if the Minister thinks it appropriate to make a
9
declaration subject to conditions under this section, as mentioned
10
in subparagraph 19(3)(b)(ii).
11
(2) The declaration may provide that any of the following may not be
12
granted in respect of the declared area or a specified part of the
13
declared area:
14
(a) feasibility licences;
15
(b) commercial licences;
16
(c) research and demonstration licences.
17
(3) The declaration may provide that a licence, or a specified kind of
18
licence, granted in respect of the declared area or a specified part
19
of the declared area may not authorise specified kinds of offshore
20
infrastructure activities.
21
(4) The declaration may provide that a licence, or a specified kind of
22
licence, granted in respect of the declared area or a specified part
23
of the declared area must be subject to conditions specified in the
24
declaration.
25
(5) Subsections (3) and (4) do not apply to transmission and
26
infrastructure licences.
27
(6) The declaration may provide that the Minister may revoke the
28
declaration under section 26 in circumstances specified in the
29
declaration.
30
Chapter 2
Regulation of offshore infrastructure activities
Part 2
Declaring areas for offshore renewable energy infrastructure
Division 2
Declared areas
Section 21
24
Offshore Electricity Infrastructure Bill 2021
No. , 2021
21 Period for which a declaration remains in force
1
(1) Subject to subsection (2), a declaration remains in force until it is
2
revoked under section 26.
3
(2) A declaration may provide that the declaration ceases to have
4
effect on a specified day.
5
Effect of cessation or revocation on existing licences
6
(3) The cessation or revocation of a declaration does not cause a
7
licence in force in respect of the declared area, or a part of the
8
declared area, to cease to be in force.
9
Note 1:
However, the end day of a licence (other than a transmission and
10
infrastructure licence) may not be extended in respect of any area that
11
is not a declared area at the time the extension is made. See
12
sections 37 (extending the term of a feasibility licence), 47 (extending
13
the term of a commercial licence) and 56 (extending the term of a
14
research and demonstration licence).
15
Note 2:
The granting of a commercial licence in relation to a feasibility
16
licence also requires a declaration to be in force (see
17
paragraph 42(1)(c)).
18
Sunsetting not affected
19
(4) To avoid doubt, nothing in this section, or section 22, affects the
20
operation of Part 4 of Chapter 3 (sunsetting) of the
Legislation Act
21
2003
.
22
Regulation of offshore infrastructure activities
Chapter 2
Declaring areas for offshore renewable energy infrastructure
Part 2
Varying a declaration
Division 3
Section 22
No. , 2021
Offshore Electricity Infrastructure Bill 2021
25
Division 3--Varying a declaration
1
22 Variation to extend period or increase declared area
2
(1) The Minister may, by legislative instrument, vary a declaration for
3
one or more of the following purposes:
4
(a) to extend the period for which the declaration is to be in
5
force, by changing the day on which the declaration ceases to
6
have effect under subsection 21(2) to a later day;
7
(b) to add an area or areas in the Commonwealth offshore area to
8
the declared area.
9
(2) The Minister may only make a variation under subsection (1) if:
10
(a) a notice proposing to vary the declaration has been published
11
under section 24; and
12
(b) the day specified in the notice under paragraph 24(1)(e) as
13
the day by which submissions may be made has passed; and
14
(c) the Minister has consulted:
15
(i) the Defence Minister; and
16
(ii) the Minister administering section 1 of the
Navigation
17
Act 2012
; and
18
(d) the Minister is satisfied that the declared area, or the declared
19
area as varied, is suitable for offshore renewable energy
20
infrastructure.
21
(3) In deciding for the purposes of paragraph (2)(d) whether an area is
22
suitable for offshore renewable energy infrastructure, the Minister
23
must have regard to the following:
24
(a) the potential impacts of the construction, installation,
25
commissioning, operation, maintenance or decommissioning
26
of offshore renewable energy infrastructure in the area on
27
other marine users and interests;
28
(b) any submissions received in accordance with the notice under
29
section 24;
30
(c) any advice received as a result of the consultation mentioned
31
in paragraph (2)(c) of this section;
32
(d) Australia's international obligations in relation to the area.
33
Chapter 2
Regulation of offshore infrastructure activities
Part 2
Declaring areas for offshore renewable energy infrastructure
Division 3
Varying a declaration
Section 23
26
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(4) The Minister may also have regard to any other matters that the
1
Minister considers relevant.
2
23 Variation of conditions, or to reduce declared area
3
(1) The Minister may, by legislative instrument, vary a declaration for
4
one or more of the following purposes:
5
(a) to remove a part of the declared area;
6
(b) to make the declaration subject to any of the conditions
7
mentioned in section 20;
8
(c) to vary or omit a condition mentioned in section 20 that the
9
declaration is subject to.
10
(2) The Minister may only make a variation under subsection (1) if:
11
(a) a notice proposing to vary the declaration has been published
12
under section 24; and
13
(b) the day specified in the notice under paragraph 24(1)(e) as
14
the day by which submissions may be made has passed; and
15
(c) the Minister has consulted:
16
(i) the Defence Minister; and
17
(ii) the Minister administering section 1 of the
Navigation
18
Act 2012
; and
19
(d) the Minister is satisfied that the declared area would be
20
suitable for offshore renewable energy infrastructure if the
21
variation were made.
22
(3) In deciding for the purposes of paragraph (2)(d) whether an area is
23
suitable for offshore renewable energy infrastructure, the Minister
24
must have regard to the following:
25
(a) the potential impacts of the construction, installation,
26
commissioning, operation, maintenance or decommissioning
27
of offshore renewable energy infrastructure in the area on
28
other marine users and interests;
29
(b) any submissions received in accordance with the notice under
30
section 24;
31
(c) any advice received as a result of the consultation mentioned
32
in paragraph (2)(c) of this section;
33
(d) Australia's international obligations in relation to the area.
34
Regulation of offshore infrastructure activities
Chapter 2
Declaring areas for offshore renewable energy infrastructure
Part 2
Varying a declaration
Division 3
Section 24
No. , 2021
Offshore Electricity Infrastructure Bill 2021
27
(4) The Minister may also have regard to any other matters that the
1
Minister considers relevant.
2
Effect of variation on existing and new licences
3
(5) A variation of a declaration under this section does not apply to a
4
licence in force, at the time the variation is made, in respect of an
5
area that is, or was, the declared area or a part of the declared area
6
(a
pre-existing licence
).
7
(6) However:
8
(a) the variation applies in relation to an extension of the end day
9
of a pre-existing licence in the same way as it applies to the
10
granting of a licence; and
11
(b) the variation applies in relation to the granting, after the
12
variation is made, of a commercial licence in respect of a
13
feasibility licence that is a pre-existing licence; and
14
(c) subsection (5) does not prevent the Minister varying a
15
pre-existing licence under a provision of Chapter 3 to
16
impose, vary or revoke a condition of the licence in a way
17
that is consistent with the variation of the declaration.
18
Note 1:
See sections 37 (extending the term of a feasibility licence), 47
19
(extending the term of a commercial licence) and 56 (extending the
20
term of a research and demonstration licence). The provisions of a
21
declaration do not affect transmission and infrastructure licences.
22
Note 2:
See also sections 38 (varying a feasibility licence), 48 (varying a
23
commercial licence) and 57 (varying a research and demonstration
24
licence).
25
24 Consultation on proposed variation
26
(1) For the purposes of paragraphs 22(2)(a) and 23(2)(a), the Minister
27
must publish a notice on the Department's website that:
28
(a) identifies the declaration that is proposed to be varied; and
29
(b) specifies the proposed variation; and
30
(c) invites submissions from the public on the proposal; and
31
(d) specifies how submissions may be made; and
32
Chapter 2
Regulation of offshore infrastructure activities
Part 2
Declaring areas for offshore renewable energy infrastructure
Division 3
Varying a declaration
Section 25
28
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(e) specifies the day by which submissions may be made (which
1
must be at least 30 days after the day the notice is published);
2
and
3
(f) includes any other information that the Minister considers
4
appropriate.
5
(2) The Minister must give a copy of the notice to the holder of any
6
licence (other than a transmission and infrastructure licence) that
7
has a licence area that covers any part of the declared area.
8
25 Varying a declaration to make minor and technical corrections
9
The Minister may, by legislative instrument, vary a declaration to
10
make a minor change to a matter stated in the declaration
11
(including to correct a minor or technical error).
12
Regulation of offshore infrastructure activities
Chapter 2
Declaring areas for offshore renewable energy infrastructure
Part 2
Revoking a declaration
Division 4
Section 26
No. , 2021
Offshore Electricity Infrastructure Bill 2021
29
Division 4--Revoking a declaration
1
26 Revoking a declaration
2
(1) Subject to subsection (2), the Minister may, by legislative
3
instrument, revoke a declaration.
4
Note:
Any licence in force in respect of a licence area in the declared area
5
remains in force. However, the end day of such a licence may not be
6
extended, and no further licences may be granted in respect of the
7
declared area (including a commercial licence in relation to a
8
feasibility licence already in force).
9
(2) The Minister may revoke a declaration under subsection (1) only
10
if:
11
(a) a notice proposing to revoke the declaration has been
12
published under section 27; and
13
(b) the day specified in the notice under paragraph 27(1)(d) as
14
the day by which submissions may be made has passed; and
15
(c) one or more of the following applies:
16
(i) the Minister becomes aware of circumstances which the
17
Minister considers justify the revocation;
18
(ii) the Minister is satisfied that the declared area is no
19
longer suitable for offshore renewable energy
20
infrastructure, and could not be made suitable by a
21
variation under section 23;
22
(iii) the Minister is satisfied that circumstances specified in
23
the declaration under subsection 20(6) apply.
24
(3) In deciding whether to revoke a declaration under subsection (1),
25
the Minister:
26
(a) must have regard to any submissions received in accordance
27
with the notice under section 27; and
28
(b) must have regard to Australia's international obligations in
29
relation to the declared area; and
30
(c) may have regard to any other matters that the Minister
31
considers relevant.
32
Chapter 2
Regulation of offshore infrastructure activities
Part 2
Declaring areas for offshore renewable energy infrastructure
Division 4
Revoking a declaration
Section 27
30
Offshore Electricity Infrastructure Bill 2021
No. , 2021
27 Revoking a declaration--consultation
1
(1) For the purposes of paragraph 26(2)(a), the Minister must publish a
2
notice on the Department's website that:
3
(a) identifies the declaration that is proposed to be revoked; and
4
(b) invites submissions from the public on the proposal; and
5
(c) specifies how submissions may be made; and
6
(d) specifies the day by which submissions may be made (which
7
must be at least 30 days after the day the notice is published);
8
and
9
(e) includes any other information that the Minister considers
10
appropriate.
11
(2) The Minister must give a copy of the notice to the holder of any
12
licence (other than a transmission and infrastructure licence) that
13
has a licence area in the declared area.
14
Licensing
Chapter 3
Licences
Part 1
Introduction
Division 1
Section 28
No. , 2021
Offshore Electricity Infrastructure Bill 2021
31
Chapter 3--Licensing
1
Part 1--Licences
2
Division 1--Introduction
3
28 Simplified outline of this Part
4
This Part provides for the 4 kinds of licences that may be granted
5
under this Act to eligible persons.
6
•
A feasibility licence authorises the licence holder to assess the
7
feasibility of an offshore infrastructure project and apply for a
8
commercial licence for the project.
9
•
A commercial licence authorises the licence holder to carry
10
out an offshore infrastructure project for the purpose of
11
exploiting renewable energy resources. A commercial licence
12
can only be granted to the holder of a feasibility licence.
13
•
A research and demonstration licence authorises research into,
14
or demonstration of, offshore renewable energy infrastructure
15
or offshore electricity transmission infrastructure.
16
•
A transmission and infrastructure licence authorises the
17
licence holder to store, transmit or convey electricity (which
18
may or may not be from renewable sources) or a renewable
19
energy product. Unlike the other kinds of licence, a
20
transmission and infrastructure licence can cover one or more
21
areas outside a declared area.
22
The regulations must prescribe a licensing scheme dealing with
23
application procedures and other matters relating to licences.
24
For a licence to be granted to an eligible person, the licence must
25
meet merit criteria relating to the capabilities and suitability of the
26
eligible person, the viability of the project to be carried out under
27
the licence and other matters prescribed by the licensing scheme.
28
Chapter 3
Licensing
Part 1
Licences
Division 1
Introduction
Section 29
32
Offshore Electricity Infrastructure Bill 2021
No. , 2021
A licence is granted for a particular term, until the end day of the
1
licence, which may be extended in certain circumstances. After the
2
end day, the licence ceases to authorise most offshore
3
infrastructure activities but remains in force until it is cancelled or
4
surrendered (see Division 3 of Part 2 of this Chapter for
5
cancellation and surrender of licences).
6
29 Licensing scheme
7
(1) The regulations must prescribe a scheme (the
licensing scheme
)
8
relating to:
9
(a) applications for licences; and
10
(b) the offering and granting of licences; and
11
(c) transfers of licences; and
12
(d) changes in control of licence holders; and
13
(e) management plans; and
14
(f) any other matters that this Act provides for the licensing
15
scheme to deal with.
16
(2) The licensing scheme may include any other provision that may,
17
under this Act, be included in the regulations.
18
Note 1:
For example, the licensing scheme may include provisions about fees
19
and levies (see Part 3 of Chapter 5).
20
Note 2:
The regulations may provide that an application under this Act is
21
taken to have been made only if a fee or levy has been paid (see
22
subsections 189(5) and 190(8)).
23
Licensing
Chapter 3
Licences
Part 1
Feasibility licences
Division 2
Section 30
No. , 2021
Offshore Electricity Infrastructure Bill 2021
33
Division 2--Feasibility licences
1
30 Purpose of a feasibility licence
2
The purpose of a feasibility licence is to provide for the licence
3
holder to:
4
(a) assess the feasibility of an offshore infrastructure project that
5
the licence holder proposes to carry out in the licence area
6
under a commercial licence (the
proposed commercial
7
offshore infrastructure project
for the feasibility licence);
8
and
9
(b) apply for a commercial licence in relation to the proposed
10
commercial offshore infrastructure project, if the licence
11
holder chooses to do so.
12
31 Activities authorised by a feasibility licence
13
(1) A feasibility licence authorises the licence holder to construct,
14
install, commission, operate, maintain and decommission offshore
15
renewable energy infrastructure in the licence area, so long as:
16
(a) there is a management plan for the licence; and
17
(b) the construction, installation, commissioning, operation,
18
maintenance or decommissioning is carried out in accordance
19
with the management plan and the conditions of the licence;
20
and
21
(c) the licence holder is in compliance with sections 117 and 118
22
(financial security).
23
(2) The rights conferred on the licence holder by this section are
24
subject to this Act.
25
32 Applications for feasibility licences
26
(1) The licensing scheme must prescribe procedures for:
27
(a) eligible persons to be invited to apply for feasibility licences;
28
and
29
(b) eligible persons to apply for feasibility licences; and
30
(c) applications for feasibility licences to be considered; and
31
Chapter 3
Licensing
Part 1
Licences
Division 2
Feasibility licences
Section 33
34
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(d) the Minister to offer to grant feasibility licences.
1
(2) The licensing scheme must require an application for a feasibility
2
licence to describe the proposed commercial offshore infrastructure
3
project for the feasibility licence.
4
Financial offers
5
(3) The licensing scheme may provide for:
6
(a) the Minister to invite eligible persons that have applied for
7
feasibility licences to submit financial offers in relation to
8
their applications; and
9
(b) the Minister to decide which applicant or applicants to offer
10
to grant licences to on the basis of their financial offers; and
11
(c) such a licence to be granted only if the amount of the
12
financial offer is paid to the Commonwealth.
13
33 Grant of a feasibility licence
14
(1) The Minister may, by written notice, grant a feasibility licence in
15
respect of an area to an eligible person if:
16
(a) the eligible person applies for the licence under the licensing
17
scheme; and
18
(b) the area is a declared area, or a part of a declared area, under
19
a declaration at the time the licence is granted; and
20
(c) the Minister is satisfied that granting the licence would be
21
consistent with any conditions that apply to the declaration;
22
and
23
(d) the area meets the requirements in subsection (4); and
24
(e) the Minister is satisfied that the licence meets the merit
25
criteria; and
26
(f) any other requirements prescribed by the licensing scheme
27
are met.
28
(2) The
licence area
of a feasibility licence is the area in respect of
29
which the licence is granted (other than any part of that area that
30
becomes a vacated area).
31
Note:
See the definition of
vacated area
in section 8.
32
Licensing
Chapter 3
Licences
Part 1
Feasibility licences
Division 2
Section 34
No. , 2021
Offshore Electricity Infrastructure Bill 2021
35
(3) The notice of grant of a feasibility licence must:
1
(a) specify the licence area; and
2
(b) state the day on which the licence comes into force; and
3
(c) state the end day of the licence; and
4
(d) specify the conditions that are to apply to the licence; and
5
(e) include any other matters prescribed by the licensing scheme;
6
and
7
(f) be given in accordance with the licensing scheme.
8
(4) The licence area:
9
(a) must be continuous; and
10
(b) must not include any part of the licence area of any other
11
feasibility licence or commercial licence; and
12
(c) must not exceed the maximum area prescribed by the
13
licensing scheme; and
14
(d) must be entirely within the Commonwealth offshore area at
15
the time the licence is granted.
16
34 Merit criteria for a feasibility licence
17
(1) For the purposes of this Act, a feasibility licence held or applied
18
for by an eligible person
meets the
merit criteria
if:
19
(a) the eligible person is likely to have, or be able to arrange to
20
have, the technical and financial capability to carry out the
21
proposed commercial offshore infrastructure project for the
22
feasibility licence; and
23
(b) the proposed commercial offshore infrastructure project is
24
likely to be viable; and
25
(c) the eligible person is suitable to hold the licence; and
26
(d) any criteria prescribed by the licensing scheme are satisfied.
27
(2) The licensing scheme may provide for:
28
(a) matters that may or must be considered in any decision under
29
this Act about whether a feasibility licence meets the merit
30
criteria; and
31
(b) the suitability of an eligible person to hold a feasibility
32
licence to be assessed with regard to the suitability of other
33
Chapter 3
Licensing
Part 1
Licences
Division 2
Feasibility licences
Section 35
36
Offshore Electricity Infrastructure Bill 2021
No. , 2021
persons (including another person that controls the eligible
1
person); and
2
(c) procedures for making decisions under this Act about
3
whether a feasibility licence meets the merit criteria.
4
35 Conditions that apply to a feasibility licence
5
(1) A feasibility licence is subject to the following conditions:
6
(a) a condition that the licence holder must comply with any
7
requirement to pay an amount of offshore electricity
8
infrastructure levy;
9
(b) if the declaration that applies to the licence area requires the
10
licence to be subject to conditions--those conditions;
11
(c) any conditions prescribed by the licensing scheme;
12
(d) a condition that the following people must comply with the
13
management plan for the licence, if there is one:
14
(i) the licence holder;
15
(ii) any other person carrying out activities under this Act or
16
the licence on behalf of the licence holder;
17
(e) any conditions imposed on the licence under:
18
(i) subsection (2); or
19
(ii) subsection 38(1).
20
(2) The Minister may, when granting a feasibility licence, impose such
21
conditions on the licence as the Minister thinks fit.
22
(3) Without limiting subsection (2), the conditions that the Minister
23
may impose on a feasibility licence include conditions relating to
24
any commercial licence that may be granted in relation to the
25
feasibility licence.
26
Licence holder must comply with licence conditions
27
(4) The holder of a feasibility licence must comply with the conditions
28
of the licence.
29
Licensing
Chapter 3
Licences
Part 1
Feasibility licences
Division 2
Section 36
No. , 2021
Offshore Electricity Infrastructure Bill 2021
37
36 Term of a feasibility licence
1
(1) Before granting a feasibility licence, the Minister must determine
2
the
end day
of the licence.
3
(2) The
end day
of a feasibility licence must not be later than the day
4
after the period of 7 years beginning on:
5
(a) the day on which the licence is granted; or
6
(b) if a later day is specified under paragraph 33(3)(b) as the day
7
on which the licence comes into force--that later day.
8
However, this subsection does not limit an extension of a
9
feasibility licence under provisions of the licensing scheme made
10
for the purposes of section 37.
11
(3) The licensing scheme may provide for the manner in which the end
12
day of a feasibility licence is to be determined.
13
Effect of granting a commercial licence
14
(4) If a commercial licence is granted in relation to a feasibility
15
licence, then:
16
(a) in a case where the licence area of the commercial licence is
17
the whole of the licence area of the feasibility licence
18
(including any vacated area)--the feasibility licence ceases to
19
have effect when the commercial licence takes effect; or
20
(b) in any other case--the
end day
of the feasibility licence (in
21
respect of the whole of the licence area of the feasibility
22
licence) is the day the commercial licence comes into force.
23
Note:
If paragraph (b) applies, the feasibility licence remains in effect and
24
may be surrendered under section 74 if the conditions for surrender in
25
that section are satisfied.
26
(5) Subsection (4) has effect despite any extension under section 37.
27
(6) However, if there are different end days in respect of different parts
28
of the licence area, subsection (4) does not affect any such end day
29
that occurs before the day the commercial licence comes into force.
30
Note:
There may be different end days in respect of different parts of the
31
licence area as a result of extensions under provisions of the licensing
32
scheme made for the purposes of section 37.
33
Chapter 3
Licensing
Part 1
Licences
Division 2
Feasibility licences
Section 37
38
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Effect of end day
1
(7) On or after the end day of a feasibility licence, the licence does not
2
authorise the construction, installation, operation or maintenance of
3
offshore renewable energy infrastructure
,
except to the extent
4
necessary to decommission infrastructure.
5
Note:
The licence remains in force until cancelled under section 73 or
6
surrendered under section 74.
7
37 Extending the term of a feasibility licence
8
(1) The licensing scheme may provide for the following:
9
(a) the Minister to extend the end day of a feasibility licence:
10
(i) on the application of the licence holder; or
11
(ii) on the Minister's own initiative;
12
(b) such an extension to be in respect of only part of the licence
13
area (as long as this does not result in the part of the licence
14
area that has not reached the end day being non-continuous).
15
Note 1:
If the declaration that applies to the licence area has been varied, the
16
variation may affect an extension of the end day of the licence (see
17
section 23).
18
Note 2:
For review of decisions, see section 297.
19
(2) An extension must not result in the end day of a feasibility licence
20
being later than the day after the end of 7 years after the extension
21
is made.
22
(3) An extension must not apply to any part of a licence area that is not
23
a declared area at the time the extension is granted.
24
(4) If an extension results in there being different end days for
25
different parts of a licence area, subsection 36(7) applies separately
26
in respect of each such part.
27
38 Varying a feasibility licence
28
(1) The Minister may, by written notice to the holder of a feasibility
29
licence, vary the licence to:
30
(a) impose a condition on the licence; or
31
Licensing
Chapter 3
Licences
Part 1
Feasibility licences
Division 2
Section 38
No. , 2021
Offshore Electricity Infrastructure Bill 2021
39
(b) vary or revoke a condition imposed on the licence under
1
paragraph (a) or subsection 35(2); or
2
(c) remove one or more areas from the licence area.
3
(2) A variation under subsection (1) may be made on the application of
4
the licence holder, which must be made in accordance with the
5
licensing scheme.
6
(3) A variation under subsection (1) may also be made on the
7
Minister's own initiative, but only if:
8
(a) the variation is made at the same time as:
9
(i) the Minister extends the end day of the licence under a
10
provision of the licensing scheme made for the purposes
11
of section 37, if the extension is made as a result of an
12
application by the licence holder; or
13
(ii) the Minister makes a decision to transfer the licence
14
under subsection 70(1); or
15
(iii) the Minister makes another variation under this section
16
as a result of an application by the licence holder; or
17
(b) the Minister becomes aware that there has been a change in
18
control of the licence holder, and the variation is made in
19
connection with that change in control.
20
(4) An area may be removed under paragraph (1)(c) only if:
21
(a) the licence holder has not carried out any offshore
22
infrastructure activities in the area; and
23
(b) the Minister is satisfied that the licence holder does not
24
intend to carry out any offshore infrastructure activities in the
25
area under the licence or under a commercial licence; and
26
(c) the removal does not result in the remaining licence area
27
being non-continuous.
28
Chapter 3
Licensing
Part 1
Licences
Division 3
Commercial licences
Section 39
40
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 3--Commercial licences
1
39 Purpose of a commercial licence
2
The purpose of a commercial licence is to provide for the licence
3
holder to carry out an offshore infrastructure project in the licence
4
area for the purpose of exploiting renewable energy resources in
5
the licence area.
6
40 Activities authorised by a commercial licence
7
(1) A commercial licence authorises the licence holder to construct,
8
install, commission, operate, maintain and decommission offshore
9
renewable energy infrastructure in the licence area, so long as:
10
(a) there is a management plan for the licence; and
11
(b) the construction, installation, commissioning, operation,
12
maintenance or decommissioning is carried out in accordance
13
with the management plan and the conditions of the licence;
14
and
15
(c) the licence holder is in compliance with sections 117 and 118
16
(financial security).
17
(2) A commercial licence does not authorise the licence holder to
18
construct, install, commission, operate or maintain offshore
19
electricity transmission infrastructure that is not also offshore
20
renewable energy infrastructure.
21
(3) The rights conferred on the licence holder by this section are
22
subject to this Act.
23
41 Applications for commercial licences
24
(1) An eligible person that holds a feasibility licence may apply for the
25
Minister to grant a commercial licence to the eligible person.
26
(2) The licensing scheme must prescribe procedures for:
27
(a) an application under subsection (1) to be made; and
28
(b) such an application to be considered; and
29
Licensing
Chapter 3
Licences
Part 1
Commercial licences
Division 3
Section 42
No. , 2021
Offshore Electricity Infrastructure Bill 2021
41
(c) the Minister to offer to grant a commercial licence in
1
response to such an application.
2
(3) The licensing scheme must require an application for a commercial
3
licence to describe the offshore infrastructure project to be carried
4
out under the licence.
5
42 Grant of a commercial licence
6
(1) The Minister may, by written notice, grant a commercial licence in
7
respect of an area to an eligible person if:
8
(a) the eligible person holds a feasibility licence; and
9
(b) the eligible person applies for the commercial licence under
10
the licensing scheme; and
11
(c) the area is a declared area, or a part of a declared area, under
12
a declaration at the time the licence is granted; and
13
(d) the Minister is satisfied that granting the licence would be
14
consistent with any conditions that apply to the declaration;
15
and
16
(e) the area meets the requirements in subsection (4); and
17
(f) the Regulator has, under the licensing scheme, approved a
18
management plan for the commercial licence; and
19
(g) the Minister is satisfied that granting the licence would be
20
consistent with any conditions of the feasibility licence that
21
relate to the granting of a commercial licence in relation to
22
the feasibility licence; and
23
(h) the Minister is satisfied that either:
24
(i) the offshore infrastructure project to be carried out
25
under the licence is substantially similar to the proposed
26
commercial offshore infrastructure project described,
27
under subsection 32(2), in the application for the
28
feasibility licence; or
29
(ii) if subparagraph (i) does not apply--the offshore
30
infrastructure project to be carried out under the licence
31
is appropriate, having regard to the matters in
32
subsection (5); and
33
(i) the Minister is satisfied that the licence meets the merit
34
criteria; and
35
Chapter 3
Licensing
Part 1
Licences
Division 3
Commercial licences
Section 42
42
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(j) any other requirements prescribed by the licensing scheme
1
are met.
2
Note:
For review of decisions, see section 297.
3
(2) The
licence area
of a commercial licence is the area in respect of
4
which the licence is granted (other than any part of that area that
5
becomes a vacated area).
6
Note:
See the definition of
vacated area
in section 8.
7
(3) The notice of grant of a commercial licence must:
8
(a) specify the licence area; and
9
(b) state the day on which the licence comes into force; and
10
(c) state the end day of the licence; and
11
(d) specify the conditions that are to apply to the licence; and
12
(e) include any other matters prescribed by the licensing scheme;
13
and
14
(f) be given in accordance with the licensing scheme.
15
(4) The licence area:
16
(a) must be continuous; and
17
(b) must not include any part of the licence area of any other
18
commercial licence or feasibility licence; and
19
(c) must not exceed the maximum area prescribed by the
20
licensing scheme; and
21
(d) must be entirely within the Commonwealth offshore area at
22
the time the licence is granted; and
23
(e) must consist of, or be entirely within, the licence area of the
24
feasibility licence referred to in paragraph (1)(a).
25
(5) For the purposes of subparagraph (1)(h)(ii), the Minister must have
26
regard to the following:
27
(a) the nature and scale of the offshore infrastructure project to
28
be carried out under the licence;
29
(b) any other activities that could be carried out in the licence
30
area if the licence was not granted;
31
(c) any matters prescribed by the licensing scheme;
32
(d) any other matters the Minister considers relevant.
33
Licensing
Chapter 3
Licences
Part 1
Commercial licences
Division 3
Section 43
No. , 2021
Offshore Electricity Infrastructure Bill 2021
43
43 Minister may require applicant to consult etc.
1
(1) This section applies if:
2
(a) an eligible person that holds a feasibility licence has applied
3
for the Minister to grant a commercial licence; and
4
(b) the Minister is considering whether to grant the commercial
5
licence.
6
(2) The Minister may, by notice in writing, require the eligible person
7
to do any of the following:
8
(a) conduct specified kinds of consultations in relation to the
9
application;
10
(b) prepare a revised management plan for the commercial
11
licence and apply to the Regulator, under the licensing
12
scheme, for the Regulator to approve the revised
13
management plan;
14
(c) anything else in relation to the application that the Minister
15
thinks fit.
16
(3) The Minister may cease considering whether to grant the
17
commercial licence until the requirement is complied with.
18
(4) A notice under subsection (2) is not a legislative instrument.
19
(5) The Minister must give a copy of a notice under subsection (2) to
20
the Registrar.
21
(6) The Registrar must include the notice in the Register in relation to
22
the feasibility licence and any commercial licence granted as a
23
result of the application.
24
44 Merit criteria for a commercial licence
25
(1) For the purposes of this Act, a commercial licence held or applied
26
for by an eligible person
meets the
merit criteria
if:
27
(a) the eligible person has the technical and financial capability
28
to carry out the offshore infrastructure project that is to be
29
carried out under the licence; and
30
(b) the offshore infrastructure project is likely to be viable; and
31
(c) the eligible person is suitable to hold the licence; and
32
Chapter 3
Licensing
Part 1
Licences
Division 3
Commercial licences
Section 45
44
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(d) any criteria prescribed by the licensing scheme are satisfied.
1
(2) The licensing scheme may provide for:
2
(a) matters that may or must be considered in any decision under
3
this Act about whether a commercial licence meets the merit
4
criteria; and
5
(b) the suitability of an eligible person to hold a commercial
6
licence to be assessed with regard to the suitability of other
7
persons (including another person that controls the eligible
8
person); and
9
(c) procedures for making decisions under this Act about
10
whether a commercial licence meets the merit criteria; and
11
(d) how subsection (1) is to be applied to an offshore
12
infrastructure project that has begun to be, or is being, carried
13
out.
14
45 Conditions that apply to a commercial licence
15
(1) A commercial licence is subject to the following conditions:
16
(a) a condition that the licence holder must comply with any
17
requirement to pay an amount of offshore electricity
18
infrastructure levy;
19
(b) if the declaration that applies to the licence area requires the
20
licence to be subject to conditions--those conditions;
21
(c) any conditions prescribed by the licensing scheme;
22
(d) a condition that the following people must comply with the
23
management plan for the licence:
24
(i) the licence holder;
25
(ii) any other person carrying out activities under this Act or
26
the licence on behalf of the licence holder;
27
(e) any conditions imposed on the licence under:
28
(i) subsection (2); or
29
(ii) subsection 48(1).
30
(2) The Minister may, when granting a commercial licence, impose
31
such conditions on the licence as the Minister thinks fit.
32
Licensing
Chapter 3
Licences
Part 1
Commercial licences
Division 3
Section 46
No. , 2021
Offshore Electricity Infrastructure Bill 2021
45
Licence holder must comply with licence conditions
1
(3) The holder of a commercial licence must comply with the
2
conditions of the licence.
3
46 Term of a commercial licence
4
(1) Before granting a commercial licence, the Minister must determine
5
the
end day
of the licence.
6
(2) The
end day
of a commercial licence must not be later than the day
7
after the period of 40 years beginning on:
8
(a) the day on which the licence is granted; or
9
(b) if a later day is specified under paragraph 42(3)(b) as the day
10
on which the licence comes into force--that later day.
11
However, this subsection does not limit an extension of a
12
commercial licence under provisions of the licensing scheme made
13
for the purposes of section 47.
14
(3) The licensing scheme may provide for the manner in which the end
15
day of a commercial licence is to be determined.
16
Effect of end day
17
(4) On or after the end day of a commercial licence, the licence does
18
not authorise the construction, installation, operation or
19
maintenance of offshore renewable energy infrastructure, except to
20
the extent necessary to decommission infrastructure.
21
Note:
The licence remains in force until cancelled under section 73 or
22
surrendered under section 74.
23
47 Extending the term of a commercial licence
24
(1) The licensing scheme may provide for the following:
25
(a) the holder of a commercial licence to apply to the Minister to
26
extend the end day of the licence;
27
(b) procedures for the Minister to decide whether or not to grant
28
such an extension;
29
(c) such an extension to be granted in respect of the whole
30
licence area, or a part of the licence area (as long as this does
31
Chapter 3
Licensing
Part 1
Licences
Division 3
Commercial licences
Section 48
46
Offshore Electricity Infrastructure Bill 2021
No. , 2021
not result in the part of the licence area that has not reached
1
the end day being non-continuous);
2
(d) more than one such extension to be granted in respect of a
3
particular licence.
4
Note 1:
If the declaration that applies to the licence area has been varied, the
5
variation may affect an extension of the end day of the licence (see
6
section 23).
7
Note 2:
For review of decisions, see section 297.
8
(2) An application under provisions of the licensing scheme made for
9
the purposes of paragraph (1)(a) may only be made at least 5 years
10
before the end day of the licence.
11
(3) An extension must not result in the end day of a commercial
12
licence being later than the day after the end of 40 years after the
13
extension is made.
14
(4) An extension must not apply to any part of a licence area that is not
15
a declared area at the time the extension is granted.
16
(5) If an extension results in there being different end days for
17
different parts of a licence area, subsection 46(4) applies separately
18
in respect of each such part.
19
48 Varying a commercial licence
20
(1) The Minister may, by written notice to the holder of a commercial
21
licence, vary the licence to:
22
(a) impose a condition on the licence; or
23
(b) vary or revoke a condition imposed on the licence under
24
paragraph (a) or subsection 45(2); or
25
(c) remove one or more areas from the licence area.
26
(2) A variation under subsection (1) may be made on the application of
27
the licence holder, which must be made in accordance with the
28
licensing scheme.
29
(3) A variation under subsection (1) may also be made on the
30
Minister's own initiative, but only if:
31
(a) the variation is made at the same time as:
32
Licensing
Chapter 3
Licences
Part 1
Commercial licences
Division 3
Section 48
No. , 2021
Offshore Electricity Infrastructure Bill 2021
47
(i) the Minister extends the end day of the licence under a
1
provision of the licensing scheme made for the purposes
2
of section 47, if the extension is made as a result of an
3
application by the licence holder; or
4
(ii) the Minister makes a decision to transfer the licence
5
under subsection 70(1); or
6
(iii) the Minister makes another variation under this section
7
as a result of an application by the licence holder; or
8
(b) the Minister becomes aware that there has been a change in
9
control of the licence holder, and the variation is made in
10
connection with that change in control.
11
(4) An area may be removed under paragraph (1)(c) only if:
12
(a) the licence holder has not carried out any offshore
13
infrastructure activities in the area; and
14
(b) the Minister is satisfied that the licence holder does not
15
intend to carry out any offshore infrastructure activities in the
16
area under the licence; and
17
(c) the removal does not result in the remaining licence area
18
being non-continuous.
19
Chapter 3
Licensing
Part 1
Licences
Division 4
Research and demonstration licences
Section 49
48
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 4--Research and demonstration licences
1
49 Purpose of a research and demonstration licence
2
The purpose of a research and demonstration licence is to provide
3
for the licence holder to carry out an offshore infrastructure project
4
for any of the following purposes:
5
(a) to conduct research relating to the feasibility or capabilities
6
of a technology, system or process;
7
(b) to demonstrate the capabilities of a technology, system or
8
process;
9
(c) to conduct research relating to the exploitation of, or
10
exploration for, renewable energy resources.
11
50 Activities authorised by a research and demonstration licence
12
(1) A research and demonstration licence authorises the licence holder
13
to construct, install, commission, operate, maintain and
14
decommission offshore renewable energy infrastructure or offshore
15
electricity transmission infrastructure in the licence area, so long
16
as:
17
(a) there is a management plan for the licence; and
18
(b) the construction, installation, commissioning, operation,
19
maintenance or decommissioning is carried out in accordance
20
with the management plan and the conditions of the licence;
21
and
22
(c) the licence holder is in compliance with sections 117 and 118
23
(financial security).
24
(2) The rights conferred on the licence holder by this section are
25
subject to this Act.
26
(3) To avoid doubt, electricity stored, transmitted or conveyed under a
27
research and demonstration licence need not be a renewable energy
28
product.
29
Licensing
Chapter 3
Licences
Part 1
Research and demonstration licences
Division 4
Section 51
No. , 2021
Offshore Electricity Infrastructure Bill 2021
49
51 Applications for research and demonstration licences
1
(1) The licensing scheme must prescribe procedures for:
2
(a) eligible persons to apply for research and demonstration
3
licences; and
4
(b) applications for research and demonstration licences to be
5
considered; and
6
(c) the Minister to offer to grant research and demonstration
7
licences.
8
(2) The licensing scheme must require an application for a research
9
and demonstration licence to describe the offshore infrastructure
10
project to be carried out under the licence.
11
52 Grant of a research and demonstration licence
12
(1) The Minister may, by written notice, grant a research and
13
demonstration licence in respect of an area to an eligible person if:
14
(a) the eligible person applies for the licence under the licensing
15
scheme; and
16
(b) the area is a declared area, or a part of a declared area, under
17
a declaration at the time the licence is granted; and
18
(c) the Minister is satisfied that granting the licence would be
19
consistent with any conditions that apply to the declaration;
20
and
21
(d) the area meets the requirements in subsection (4); and
22
(e) if the area includes any part of the licence area of another
23
licence--the Minister is satisfied that any activities carried
24
out in accordance with the proposed licence would not
25
unduly interfere with the activities of the holder of the other
26
licence; and
27
(f) the Minister is satisfied that the licence meets the merit
28
criteria; and
29
(g) any other requirements prescribed by the licensing scheme
30
are met.
31
Note:
For review of decisions, see section 297.
32
Chapter 3
Licensing
Part 1
Licences
Division 4
Research and demonstration licences
Section 53
50
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(2) The
licence area
of a research and demonstration licence is the
1
area in respect of which the licence is granted (other than any part
2
of that area that becomes a vacated area).
3
Note:
See the definition of
vacated area
in section 8.
4
(3) The notice of grant of a research and demonstration licence must:
5
(a) specify the licence area; and
6
(b) state the day on which the licence comes into force; and
7
(c) state the end day of the licence; and
8
(d) specify the conditions that are to apply to the licence; and
9
(e) include any other matters prescribed by the licensing scheme;
10
and
11
(f) be given in accordance with the licensing scheme.
12
(4) The licence area:
13
(a) must be continuous; and
14
(b) must be entirely within the Commonwealth offshore area at
15
the time the licence is granted.
16
53 Merit criteria for a research and demonstration licence
17
(1) For the purposes of this Act, a research and demonstration licence
18
held or applied for by an eligible person
meets the
merit criteria
if:
19
(a) the eligible person has the technical and financial capability
20
to carry out the offshore infrastructure project that is
21
proposed to be carried out under the licence; and
22
(b) the offshore infrastructure project is likely to be viable; and
23
(c) the eligible person is suitable to hold the licence; and
24
(d) any criteria prescribed by the licensing scheme are satisfied.
25
(2) The licensing scheme may provide for:
26
(a) matters that may or must be considered in any decision under
27
this Act about whether a research and demonstration licence
28
meets the merit criteria; and
29
(b) the suitability of an eligible person to hold a research and
30
demonstration licence to be assessed with regard to the
31
suitability of other persons (including another person that
32
controls the eligible person); and
33
Licensing
Chapter 3
Licences
Part 1
Research and demonstration licences
Division 4
Section 54
No. , 2021
Offshore Electricity Infrastructure Bill 2021
51
(c) procedures for making decisions under this Act about
1
whether a research and demonstration licence meets the merit
2
criteria; and
3
(d) how subsection (1) is to be applied to an offshore
4
infrastructure project that has begun to be, or is being, carried
5
out.
6
54 Conditions that apply to a research and demonstration licence
7
(1) A research and demonstration licence is subject to the following
8
conditions:
9
(a) a condition that the licence holder must comply with any
10
requirement to pay an amount of offshore electricity
11
infrastructure levy;
12
(b) if the declaration that applies to the licence area requires the
13
licence to be subject to conditions--those conditions;
14
(c) any conditions prescribed by the licensing scheme;
15
(d) a condition that the following people must comply with the
16
management plan for the licence, if there is one:
17
(i) the licence holder;
18
(ii) any other person carrying out activities under this Act or
19
the licence on behalf of the licence holder;
20
(e) any conditions imposed on the licence under:
21
(i) subsection (2); or
22
(ii) subsection 57(1).
23
(2) The Minister may, when granting a research and demonstration
24
licence, impose such conditions on the licence as the Minister
25
thinks fit.
26
Licence holder must comply with licence conditions
27
(3) The holder of a research and demonstration licence must comply
28
with the conditions of the licence.
29
55 Term of a research and demonstration licence
30
(1) Before granting a research and demonstration licence, the Minister
31
must determine the
end day
of the licence.
32
Chapter 3
Licensing
Part 1
Licences
Division 4
Research and demonstration licences
Section 56
52
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(2) The
end day
of a research and demonstration licence must not be
1
later than the day after the period of 10 years beginning on:
2
(a) the day on which the licence is granted; or
3
(b) if a later day is specified under paragraph 52(3)(b) as the day
4
on which the licence comes into force--that later day.
5
However, this subsection does not limit an extension of a research
6
and demonstration licence under provisions of the licensing
7
scheme made for the purposes of section 56.
8
(3) The licensing scheme may provide for the manner in which the end
9
day of a research and demonstration licence is to be determined.
10
Effect of end day
11
(4) On or after the end day of a research and demonstration licence,
12
the licence does not authorise the construction, installation,
13
operation or maintenance of offshore renewable energy
14
infrastructure or offshore electricity transmission infrastructure,
15
except to the extent necessary to decommission infrastructure.
16
Note:
The licence remains in force until cancelled under section 73 or
17
surrendered under section 74.
18
56 Extending the term of a research and demonstration licence
19
(1) The licensing scheme may provide for the following:
20
(a) the Minister to extend the end day of a research and
21
demonstration licence:
22
(i) on the application of the licence holder; or
23
(ii) on the Minister's own initiative;
24
(b) such an extension to be in respect of only part of the licence
25
area (as long as this does not result in the part of the licence
26
area that has not reached the end day being non-continuous);
27
(c) more than one such extension to be granted in respect of a
28
particular licence.
29
Note 1:
If the declaration that applies to the licence area has been varied, the
30
variation may affect an extension of the end day of the licence (see
31
section 23).
32
Note 2:
For review of decisions, see section 297.
33
Licensing
Chapter 3
Licences
Part 1
Research and demonstration licences
Division 4
Section 57
No. , 2021
Offshore Electricity Infrastructure Bill 2021
53
(2) An extension must not result in the end day of a research and
1
demonstration licence being later than the day after the end of 10
2
years after the extension is made.
3
(3) An extension must not apply to any part of a licence area that is not
4
a declared area at the time the extension is granted.
5
(4) If an extension results in there being different end days for
6
different parts of a licence area, subsection 55(4) applies separately
7
in respect of each such part.
8
57 Varying a research and demonstration licence
9
(1) The Minister may, by written notice to the holder of a research and
10
demonstration licence, vary the licence to:
11
(a) impose a condition on the licence; or
12
(b) vary or revoke a condition imposed on the licence under
13
paragraph (a) or subsection 54(2); or
14
(c) remove one or more areas from the licence area.
15
(2) A variation under subsection (1) may be made on the application of
16
the licence holder, which must be made in accordance with the
17
licensing scheme.
18
(3) A variation under subsection (1) may also be made on the
19
Minister's own initiative, but only if:
20
(a) the variation is made at the same time as:
21
(i) the Minister extends the end day of the licence under a
22
provision of the licensing scheme made for the purposes
23
of section 56, if the extension is made as a result of an
24
application by the licence holder; or
25
(ii) the Minister makes a decision to transfer the licence
26
under subsection 70(1); or
27
(iii) the Minister makes another variation under this section
28
as a result of an application by the licence holder; or
29
(b) the Minister becomes aware that there has been a change in
30
control of the licence holder, and the variation is made in
31
connection with that change in control.
32
(4) An area may be removed under paragraph (1)(c) only if:
33
Chapter 3
Licensing
Part 1
Licences
Division 4
Research and demonstration licences
Section 57
54
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(a) the licence holder has not carried out any offshore
1
infrastructure activities in the area; and
2
(b) the Minister is satisfied that the licence holder does not
3
intend to carry out any offshore infrastructure activities in the
4
area under the licence; and
5
(c) the removal does not result in the remaining licence area
6
being non-continuous.
7
Licensing
Chapter 3
Licences
Part 1
Transmission and infrastructure licences
Division 5
Section 58
No. , 2021
Offshore Electricity Infrastructure Bill 2021
55
Division 5--Transmission and infrastructure licences
1
58 Purpose of a transmission and infrastructure licence
2
The purpose of a transmission and infrastructure licence is to
3
provide for the licence holder to carry out an offshore
4
infrastructure project for any of the following purposes:
5
(a) to assess the feasibility of storing, transmitting or conveying
6
electricity or a renewable energy product in or through the
7
licence area;
8
(b) to store, transmit or convey electricity or a renewable energy
9
product in or through the licence area.
10
59 Activities authorised by a transmission and infrastructure licence
11
(1) A transmission and infrastructure licence authorises the licence
12
holder to construct, install, commission, operate, maintain and
13
decommission offshore renewable energy infrastructure or offshore
14
electricity transmission infrastructure in the licence area, so long
15
as:
16
(a) there is a management plan for the licence; and
17
(b) the construction, installation, commissioning, operation,
18
maintenance or decommissioning is carried out in accordance
19
with the management plan and the conditions of the licence;
20
and
21
(c) the licence holder is in compliance with sections 117 and 118
22
(financial security).
23
(2) The rights conferred on the licence holder by this section are
24
subject to this Act.
25
(3) To avoid doubt, electricity stored, transmitted or conveyed under a
26
transmission and infrastructure licence need not be a renewable
27
energy product.
28
60 Applications for transmission and infrastructure licences
29
(1) The licensing scheme must prescribe procedures for:
30
Chapter 3
Licensing
Part 1
Licences
Division 5
Transmission and infrastructure licences
Section 61
56
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(a) eligible persons to apply for transmission and infrastructure
1
licences; and
2
(b) applications for transmission and infrastructure licences to be
3
considered; and
4
(c) the Minister to offer to grant transmission and infrastructure
5
licences.
6
(2) The licensing scheme must require an application for a
7
transmission and infrastructure licence to describe the offshore
8
infrastructure project to be carried out under the licence.
9
61 Grant of a transmission and infrastructure licence
10
(1) The Minister may, by written notice, grant a transmission and
11
infrastructure licence to an eligible person if:
12
(a) the eligible person applies for the licence under the licensing
13
scheme; and
14
(b) if the licence would authorise activities in any part of the
15
licence area of another licence--the Minister is satisfied that
16
any activities carried out in accordance with the proposed
17
licence would not unduly interfere with the activities of the
18
holder of the other licence; and
19
(c) the Minister is satisfied that the licence meets the merit
20
criteria; and
21
(d) any other requirements prescribed by the licensing scheme
22
are met.
23
Note:
For review of decisions, see section 297.
24
(2) A transmission and infrastructure licence may be granted in respect
25
of one or more areas (which need not be continuous) that are
26
within the Commonwealth offshore area at the time the licence is
27
granted.
28
Note:
The licence area of a transmission and infrastructure licence is not
29
required to be within a declared area.
30
(3) The
licence area
of a transmission and infrastructure licence
31
consists of the area or areas mentioned in subsection (2) (other than
32
any part of those areas that becomes a vacated area).
33
Note:
See the definition of
vacated area
in section 8.
34
Licensing
Chapter 3
Licences
Part 1
Transmission and infrastructure licences
Division 5
Section 62
No. , 2021
Offshore Electricity Infrastructure Bill 2021
57
(4) The notice of grant of a transmission and infrastructure licence
1
must:
2
(a) specify the licence area; and
3
(b) state the day on which the licence comes into force; and
4
(c) state the end day of the licence; and
5
(d) specify the conditions that are to apply to the licence; and
6
(e) include any other matters prescribed by the licensing scheme;
7
and
8
(f) be given in accordance with the licensing scheme.
9
62 Merit criteria for a transmission and infrastructure licence
10
(1) For the purposes of this Act, a transmission and infrastructure
11
licence held or applied for by an eligible person
meets the
merit
12
criteria
if:
13
(a) the eligible person has the technical and financial capability
14
to carry out the offshore infrastructure project that is
15
proposed to be carried out under the licence; and
16
(b) the offshore infrastructure project is likely to be viable; and
17
(c) the eligible person is suitable to hold the licence; and
18
(d) any criteria prescribed by the licensing scheme are satisfied.
19
(2) The licensing scheme may provide for:
20
(a) matters that may or must be considered in any decision under
21
this Act about whether a transmission and infrastructure
22
licence meets the merit criteria; and
23
(b) the suitability of an eligible person to hold a transmission and
24
infrastructure licence to be assessed with regard to the
25
suitability of other persons (including another person that
26
controls the eligible person); and
27
(c) procedures for making decisions under this Act about
28
whether a transmission and infrastructure licence meets the
29
merit criteria; and
30
(d) how subsection (1) is to be applied to an offshore
31
infrastructure project that has begun to be, or is being, carried
32
out.
33
Chapter 3
Licensing
Part 1
Licences
Division 5
Transmission and infrastructure licences
Section 63
58
Offshore Electricity Infrastructure Bill 2021
No. , 2021
63 Conditions that apply to a transmission and infrastructure
1
licence
2
(1) A transmission and infrastructure licence is subject to the
3
following conditions:
4
(a) a condition that the licence holder must comply with any
5
requirement to pay an amount of offshore electricity
6
infrastructure levy;
7
(b) any conditions prescribed by the licensing scheme;
8
(c) a condition that the following people must comply with the
9
management plan for the licence, if there is one:
10
(i) the licence holder;
11
(ii) any other person carrying out activities under this Act or
12
the licence on behalf of the licence holder;
13
(d) any conditions imposed on the licence under:
14
(i) subsection (2); or
15
(ii) subsection 66(1).
16
(2) The Minister may, when granting a transmission and infrastructure
17
licence, impose such conditions on the licence as the Minister
18
thinks fit.
19
Licence holder must comply with licence conditions
20
(3) The holder of a transmission and infrastructure licence must
21
comply with the conditions of the licence.
22
64 Term of a transmission and infrastructure licence
23
(1) Before granting a transmission and infrastructure licence, the
24
Minister must determine the
end day
of the licence.
25
(2) The licensing scheme may provide for the manner in which the end
26
day of a transmission and infrastructure licence is to be
27
determined.
28
Effect of end day
29
(3) On or after the end day of a transmission and infrastructure licence,
30
the licence does not authorise the construction, installation,
31
Licensing
Chapter 3
Licences
Part 1
Transmission and infrastructure licences
Division 5
Section 65
No. , 2021
Offshore Electricity Infrastructure Bill 2021
59
operation or maintenance of offshore renewable energy
1
infrastructure or offshore electricity transmission infrastructure,
2
except to the extent necessary to decommission infrastructure.
3
Note:
The licence remains in force until cancelled under section 73 or
4
surrendered under section 74.
5
65 Extending the term of a transmission and infrastructure licence
6
(1) The licensing scheme may provide for the following:
7
(a) the holder of a transmission and infrastructure licence to
8
apply to the Minister to extend the end day of the licence;
9
(b) procedures for the Minister to decide whether or not to grant
10
such an extension;
11
(c) such an extension to be granted in respect of the whole
12
licence area, or a part of a licence area;
13
(d) more than one such extension to be granted in respect of a
14
particular licence.
15
Note:
For review of decisions, see section 297.
16
(2) An extension must not apply to any part of a licence area that is not
17
in the Commonwealth offshore area at the time the extension is
18
granted.
19
(3) If an extension results in there being different end days for
20
different parts of a licence area, subsection 64(3) applies separately
21
in respect of each such part.
22
66 Varying a transmission and infrastructure licence
23
(1) The Minister may, by written notice to the holder of a transmission
24
and infrastructure licence, vary the licence to:
25
(a) impose a condition on the licence; or
26
(b) vary or revoke a condition imposed on the licence under
27
paragraph (a) or subsection 63(2); or
28
(c) remove one or more areas from the licence area.
29
(2) A variation under subsection (1) may be made on the application of
30
the licence holder, which must be made in accordance with the
31
licensing scheme.
32
Chapter 3
Licensing
Part 1
Licences
Division 5
Transmission and infrastructure licences
Section 66
60
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(3) A variation under subsection (1) may also be made on the
1
Minister's own initiative, but only if:
2
(a) the variation is made at the same time as:
3
(i) the Minister extends the end day of the licence under a
4
provision of the licensing scheme made for the purposes
5
of section 65, if the extension is made as a result of an
6
application by the licence holder; or
7
(ii) the Minister makes a decision to transfer the licence
8
under subsection 70(1); or
9
(iii) the Minister makes another variation under this section
10
as a result of an application by the licence holder; or
11
(b) the Minister becomes aware that there has been a change in
12
control of the licence holder, and the variation is made in
13
connection with that change in control.
14
(4) An area may be removed under paragraph (1)(c) only if:
15
(a) the licence holder has not carried out any offshore
16
infrastructure activities in the area; and
17
(b) the Minister is satisfied that the licence holder does not
18
intend to carry out any offshore infrastructure activities in the
19
area under the licence.
20
Licensing
Chapter 3
General provisions about licences
Part 2
Introduction
Division 1
Section 67
No. , 2021
Offshore Electricity Infrastructure Bill 2021
61
Part 2--General provisions about licences
1
Division 1--Introduction
2
67 Simplified outline of this Part
3
Licences may be transferred under Division 2. A licence transfer
4
requires approval from the Minister, and arrangements must be
5
made for any financial security under the licence.
6
Licences are not intended to be a form of property, and can be
7
cancelled by the Minister in certain circumstances, including where
8
the licence holder has failed to comply with a condition of the
9
licence or has contravened a provision of this Act or the applied
10
work health and safety provisions.
11
A licence holder may also apply to surrender a licence if certain
12
conditions are met. A licence may be surrendered entirely, or in
13
respect of only part of the licence area.
14
Division 4 contains miscellaneous provisions about licences.
15
Chapter 3
Licensing
Part 2
General provisions about licences
Division 2
Licence transfers
Section 68
62
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 2--Licence transfers
1
68 Licences to be transferred only under this Division
2
A licence may only be transferred under this Division.
3
69 Application for transfer
4
(1) This section applies if a licence holder (the
transferor
) proposes
5
that the licence be transferred to another eligible person (the
6
transferee
)
7
(2) The transferor or the transferee may apply to the Registrar for the
8
licence to be transferred from the transferor to the transferee.
9
(3) The licensing scheme must prescribe procedures for:
10
(a) an application under subsection (2) to be made; and
11
(b) the Minister to consider such an application.
12
(4) The transferor may only make an application under subsection (2)
13
with the agreement of the transferee.
14
(5) The transferee may only make an application under subsection (2)
15
with the agreement of the transferor.
16
70 Minister may transfer licence
17
(1) The Minister may transfer a licence held by a licence holder (the
18
transferor
) to an eligible person (the
transferee
) if:
19
(a) an application for the transfer is made under section 69; and
20
(b) the Minister is satisfied that the licence would meet the merit
21
criteria if it were held by the transferee; and
22
(c) the Minister is satisfied that the transferee will be able to
23
comply with sections 117 and 118 (financial security),
24
subject to section 72, in relation to the licence; and
25
(d) any other requirements prescribed by the licensing scheme
26
are satisfied.
27
Note:
For review of decisions, see section 297.
28
Licensing
Chapter 3
General provisions about licences
Part 2
Licence transfers
Division 2
Section 71
No. , 2021
Offshore Electricity Infrastructure Bill 2021
63
(2) The Minister must give written notice of a decision under
1
subsection (1) to the transferor and the transferee.
2
(3) A transfer of a licence takes effect at the time specified in the
3
notice under subsection (2). At that time:
4
(a) the transferor ceases to be the holder of the licence; and
5
(b) the transferee begins to be the holder of the licence.
6
71 Licence transfer does not affect conditions or end day
7
(1) The transfer of a licence does not affect any conditions that apply
8
to the licence.
9
Note:
However, the Minister may vary or revoke the conditions that apply to
10
a licence that is transferred, or impose further conditions--see
11
sections 38 (varying a feasibility licence), 48 (varying a commercial
12
licence), 57 (varying a research and demonstration licence) and 66
13
(varying a transmission and infrastructure licence)
14
(2) The transfer of a licence does not affect the end day of the licence.
15
72 Financial security for a transferred licence
16
(1) This section applies to a licence if:
17
(a) there is a management plan for the licence; and
18
(b) an application has been made under section 69 for the licence
19
to be transferred from the licence holder (the
transferor
) to
20
another eligible person (the
transferee
); and
21
(c) any of the following apply:
22
(i) the Minister is considering whether to transfer the
23
licence;
24
(ii) the Minister has decided to transfer the notice;
25
(iii) the transfer has occurred.
26
(2) The licensing scheme may require both:
27
(a) the transferor; and
28
(b) the transferee;
29
to comply with sections 117 and 118 (financial security) in relation
30
to the licence.
31
Chapter 3
Licensing
Part 2
General provisions about licences
Division 2
Licence transfers
Section 72
64
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(3) The licensing scheme may provide for the transferor's obligations
1
under sections 117 and 118:
2
(a) to cease, in whole or part, after the transferee has complied
3
with equivalent obligations; or
4
(b) to continue, in whole or part, for any period during which the
5
licence remains in force (including as a result of an extension
6
of the end day of the licence under this Chapter).
7
Licensing
Chapter 3
General provisions about licences
Part 2
Cancelling and surrendering licences
Division 3
Section 73
No. , 2021
Offshore Electricity Infrastructure Bill 2021
65
Division 3--Cancelling and surrendering licences
1
73 Cancellation of licence
2
(1) The Minister may, by written notice to a licence holder, cancel the
3
licence if the Minister is satisfied that:
4
(a) the licence holder has failed to comply with a condition of
5
the licence; or
6
(b) the licence holder has contravened a provision of this Act, or
7
the applied work health and safety provisions; or
8
(c) the licence does not meet the merit criteria; or
9
(d) the licence holder has failed to commence activities under the
10
licence within a reasonable time; or
11
(e) the licence holder is not an eligible person; or
12
(f) a person has contravened subsection 91(1) (notification of
13
change in circumstances), 95(1) (change in control must be
14
approved by Registrar), 96(1) (notification of change in
15
control without approval) or 108(1) (avoidance of change in
16
control provisions) in relation to the licence.
17
Note:
For review of decisions, see section 297.
18
Consultation
19
(2) Before deciding to cancel a licence under subsection (1), the
20
Minister must:
21
(a) by written notice to the licence holder, give at least 30 days
22
notice of the Minister's intention to make the decision; and
23
(b) give a copy of the notice to such other persons (if any) as the
24
Minister thinks fit.
25
(3) The notice must:
26
(a) set out the grounds for cancelling the licence; and
27
(b) invite a person to whom the notice, or a copy of the notice,
28
has been given to make a written submission to the Minister
29
about the proposal; and
30
(c) specify a time limit for making that submission.
31
Chapter 3
Licensing
Part 2
General provisions about licences
Division 3
Cancelling and surrendering licences
Section 74
66
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Making a decision on cancellation
1
(4) In deciding whether to cancel a licence under subsection (1), the
2
Minister must take into account:
3
(a) any action taken by the licence holder:
4
(i) to address the circumstances that give rise to the
5
grounds for cancelling the licence; or
6
(ii) to prevent the recurrence of similar circumstances; and
7
(b) any submissions made as mentioned in paragraph (3)(b).
8
Notice and effect of cancellation
9
(5) The Registrar must, by notifiable instrument, give notice of the
10
cancellation. The licence ceases to be in force when the notice
11
under this subsection is registered on the Federal Register of
12
Legislation.
13
Note:
For remedial directions (including in relation to a licence that has been
14
cancelled), see sections 126 and 127.
15
74 Surrender of licence
16
(1) A licence holder may apply to the Minister, in writing, for the
17
Minister to consent to the surrender of the licence in respect of an
18
area (the
surrender area
) that is the whole or a part of the licence
19
area.
20
Note:
A licence may be surrendered before, on or after the end day of the
21
licence.
22
(2) The application must:
23
(a) specify the surrender area; and
24
(b) set out the reasons for the surrender; and
25
(c) set out how each of the requirements in subsection (3) has
26
been met.
27
(3) The Minister must, by written notice to the licence holder, consent
28
to the surrender if:
29
(a) the licence holder has paid all fees and amounts due and
30
payable under this Act or the
Offshore Electricity
31
Infrastructure (Regulatory Levies) Act 2021
, or has made
32
Licensing
Chapter 3
General provisions about licences
Part 2
Cancelling and surrendering licences
Division 3
Section 74
No. , 2021
Offshore Electricity Infrastructure Bill 2021
67
arrangements for the payment of those fees and amounts that
1
are satisfactory to:
2
(i) for a fee charged by the Regulator on behalf of the
3
Commonwealth--the Regulator; or
4
(ii) for any other amount--the Registrar; and
5
(b) the licence holder is in compliance with all of the conditions
6
of the licence; and
7
(c) the licence holder is in compliance with any other obligations
8
under this Act in relation to the licence or the surrender area;
9
and
10
(d) if there is a management plan for the licence--the licence
11
holder is in compliance with any requirements that, under the
12
management plan, must be complied with for the licence to
13
be surrendered; and
14
(e) the licence holder has either:
15
(i) to the satisfaction of the Regulator, removed or caused
16
to be removed from the surrender area all equipment or
17
other property brought into the surrender area by any
18
person engaged or concerned in the activities authorised
19
by the licence; or
20
(ii) made arrangements that are satisfactory to the Regulator
21
in relation to that equipment or property; and
22
(f) the licence holder has, to the satisfaction of the Regulator,
23
made good any damage to the seabed or subsoil, or any other
24
environmental damage, in the Commonwealth offshore area
25
(whether inside or outside the surrender area) caused by any
26
person engaged or concerned in the activities authorised by
27
the licence; and
28
(g) if the surrender area is a part of the licence area, and the
29
licence is not a transmission and infrastructure licence--the
30
remaining licence area would be continuous.
31
Note:
For review of decisions, see section 297.
32
(4) If the Minister gives consent to the surrender, the licence holder
33
may, by written notice to the Registrar accompanied by the notice
34
of the Minister's consent, surrender the licence in respect of the
35
surrender area.
36
Chapter 3
Licensing
Part 2
General provisions about licences
Division 3
Cancelling and surrendering licences
Section 74
68
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(5) The Registrar must, by notifiable instrument, give notice of the
1
surrender. The surrender takes effect when the notice under this
2
subsection is registered on the Federal Register of Legislation.
3
(6) When the surrender takes effect:
4
(a) if the surrender relates to the whole of the licence area--the
5
licence ceases to be in force; or
6
(b) if the surrender relates to part of the licence area--that
7
part ceases to be part of the licence area.
8
Note:
For remedial directions (including in relation to a licence that has been
9
surrendered), see sections 126 and 127.
10
Licensing
Chapter 3
General provisions about licences
Part 2
Other general provisions about licences
Division 4
Section 75
No. , 2021
Offshore Electricity Infrastructure Bill 2021
69
Division 4--Other general provisions about licences
1
75 False or misleading information
2
A person commits an offence if:
3
(a) the person gives information in, or in connection with, an
4
application under:
5
(i) this Part, or Part 1, of this Chapter; or
6
(ii) a provision of the licensing scheme made for the
7
purposes of a provision of this Part, or Part 1, of this
8
Chapter; and
9
(b) the person does so knowing that the information:
10
(i) is false or misleading in a material particular; or
11
(ii) omits any matter or thing without which the information
12
is misleading in a material particular.
13
Note:
The same conduct may be an offence against both this section and
14
section 137.1 of the
Criminal Code
.
15
Penalty: 100 penalty units or imprisonment for 12 months, or
16
both.
17
76 False or misleading documents
18
A person commits an offence if:
19
(a) the person produces a document in, or in connection with, an
20
application under:
21
(i) this Part, or Part 1, of this Chapter; or
22
(ii) a provision of the licensing scheme made for the
23
purposes of a provision of this Part, or Part 1, of this
24
Chapter; and
25
(b) the person does so knowing that the document is false or
26
misleading in a material particular.
27
Note:
The same conduct may be an offence against both this section and
28
section 137.2 of the
Criminal Code
.
29
Penalty: 100 penalty units or imprisonment for 12 months, or
30
both.
31
Chapter 3
Licensing
Part 2
General provisions about licences
Division 4
Other general provisions about licences
Section 77
70
Offshore Electricity Infrastructure Bill 2021
No. , 2021
77 Interference with other activities by licence holder
1
(1) A person contravenes this subsection if:
2
(a) the person is a licence holder; and
3
(b) the person carries out activities in the Commonwealth
4
offshore area under or for the purposes of the licence; and
5
(c) those activities interfere with:
6
(i) navigation; or
7
(ii) the exercise of native title rights and interests (within
8
the meaning of the
Native Title Act 1993
); or
9
(iii) fishing; or
10
(iv) the conservation of the resources of the sea or the
11
seabed; or
12
(v) any activities being carried on by another person in
13
accordance with the
Offshore Petroleum and
14
Greenhouse Gas Storage Act 2006
; or
15
(vi) any other activities being lawfully carried on by another
16
person; and
17
(d) the interference is greater than is necessary for:
18
(i) the reasonable exercise of the person's rights under this
19
Act or the licence; or
20
(ii) the performance of the person's obligations under this
21
Act or the licence.
22
Strict liability offence
23
(2) A person commits an offence of strict liability if the person
24
contravenes subsection (1).
25
Penalty: 100 penalty units.
26
Civil penalty provision
27
(3) A person is liable for a civil penalty if the person contravenes
28
subsection (1).
29
Civil penalty:
265 penalty units.
30
Licensing
Chapter 3
General provisions about licences
Part 2
Other general provisions about licences
Division 4
Section 78
No. , 2021
Offshore Electricity Infrastructure Bill 2021
71
78 Interference with other activities by other person carrying out
1
activities under licence
2
(1) A person (the
first person
) contravenes this subsection if:
3
(a) the first person is a licence holder; and
4
(b) another person carries out activities in the Commonwealth
5
offshore area on behalf of the licence holder, or under an
6
arrangement with the licence holder; and
7
(c) those activities interfere with:
8
(i) navigation; or
9
(ii) the exercise of native title rights and interests (within
10
the meaning of the
Native Title Act 1993
); or
11
(iii) fishing; or
12
(iv) the conservation of the resources of the sea or the
13
seabed; or
14
(v) any activities being carried on by another person in
15
accordance with the
Offshore Petroleum and
16
Greenhouse Gas Storage Act 2006
; or
17
(vi) any other activities that someone else is lawfully
18
carrying out; and
19
(d) the interference is greater than is necessary for:
20
(i) the reasonable exercise of the first person's rights under
21
this Act or the licence; or
22
(ii) the performance of the first person's obligations under
23
this Act or the licence.
24
Strict liability offence
25
(2) A person commits an offence of strict liability if the person
26
contravenes subsection (1).
27
Penalty: 100 penalty units.
28
Civil penalty
29
(3) A person is liable for a civil penalty if the person contravenes
30
subsection (1).
31
Civil penalty:
265 penalty units.
32
Chapter 3
Licensing
Part 2
General provisions about licences
Division 4
Other general provisions about licences
Section 79
72
Offshore Electricity Infrastructure Bill 2021
No. , 2021
79 No conditions about payment of money
1
(1) The conditions of a licence must not include a condition requiring
2
the payment of money to the Regulator, the Registrar or the
3
Commonwealth.
4
(2) Subsection (1) does not apply to a condition mentioned in:
5
(a) paragraph 35(1)(a) (feasibility licences--requirement to pay
6
offshore electricity infrastructure levy); or
7
(b) paragraph 45(1)(a) (commercial licences--requirement to
8
pay offshore electricity infrastructure levy); or
9
(c) paragraph 54(1)(a) (research and demonstration licences--
10
requirement to pay offshore electricity infrastructure levy); or
11
(d) paragraph 63(1)(a) (transmission and infrastructure
12
licences--requirement to pay offshore electricity
13
infrastructure levy).
14
(3) Subsection (1) does not apply to a payment made in accordance
15
with:
16
(a) section 117 or 119 (financial security); or
17
(b) regulations made for the purposes of section 117 or 119; or
18
(c) a provision of a management plan that relates to the
19
obligations of a licence holder under section 117, 118 or 119;
20
or
21
(d) a provision of the licensing scheme made for the purposes of
22
subsection 32(3) (financial offers for feasibility licences).
23
80 Basis on which licences granted
24
A licence granted under this Act is granted on the basis that:
25
(a) the licence may be cancelled under section 73; and
26
(b) the licence may be varied under:
27
(i) for a feasibility licence--section 38; or
28
(ii) for a commercial licence--section 48; or
29
(iii) for a research and demonstration licence--section 57; or
30
(iv) for a transmission and infrastructure licence--
31
section 66; and
32
Licensing
Chapter 3
General provisions about licences
Part 2
Other general provisions about licences
Division 4
Section 81
No. , 2021
Offshore Electricity Infrastructure Bill 2021
73
(c) the licence may be cancelled, revoked, terminated or varied
1
by or under later legislation; and
2
(d) no compensation is payable if the licence is cancelled,
3
revoked, terminated or varied as mentioned in any of the
4
above paragraphs.
5
81 Changes to the boundaries of the Commonwealth offshore area
6
(1) If:
7
(a) a licence has been granted on the basis that an area (the
first
8
area
) is within the Commonwealth offshore area; and
9
(b) as a result of a change to the boundary of the coastal waters
10
of a State or Territory, the first area:
11
(i) ceases to be within the Commonwealth offshore area;
12
and
13
(ii) falls within the coastal waters of the State or Territory;
14
this Act applies in relation to the licence as if the first area were
15
still within the Commonwealth offshore area.
16
(2) Subsection (1):
17
(a) continues to apply to the first area only:
18
(i) while the licence remains in force; or
19
(ii) in relation to remediation or decommissioning in the
20
first area after the licence ceases to be in force; and
21
(b) does not apply in relation to an extension of the end day of
22
the licence; and
23
(c) if the licence is a feasibility licence--does not apply in
24
relation to an application for a commercial licence in respect
25
of the licence area.
26
82 Licences etc. are not personal property for the purposes of the
27
Personal Property Securities Act 2009
28
Each of the following is declared not to be personal property for
29
the purposes of the
Personal Property Securities Act 2009
:
30
(a) a licence;
31
(b) any interest or right in, or in relation to, a licence.
32
Note:
See paragraph 8(1)(k) of the
Personal Property Securities Act 2009
.
33
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 1
Introduction
Section 83
74
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Part 3--Change in control of a licence holder
1
Division 1--Introduction
2
83 Simplified outline of this Part
3
A person who begins to control, or ceases to control, a licence
4
holder may commit an offence or contravene a civil penalty
5
provision if the change in control has not been approved by the
6
Registrar.
7
The Registrar may obtain information, documents or evidence in
8
relation to a change in control of a licence holder, or a possible
9
change in control, in certain circumstances.
10
84 Meaning of
control
and
change in control
of licence holder
11
(1) A person
controls
a licence holder if the person (whether alone or
12
together with one or more other persons the person acts jointly
13
with):
14
(a) holds the power to exercise, or control the exercise of, 20%
15
or more of the voting rights in the licence holder; or
16
(b) holds, or holds an interest in, 20% or more of the issued
17
securities in the licence holder.
18
(2) A person
acts jointly with
another person if the person acts or is
19
accustomed to acting in agreement with, or in accordance with the
20
wishes of, the other person.
21
(3) The licensing scheme may prescribe a different percentage, or
22
different percentages, to the percentage specified in
23
paragraph (1)(a) or (b).
24
(4) There is a
change in control
of a licence holder if:
25
(a) one or more persons (an
original controller
) control the
26
licence holder at a particular time; and
27
(b) either:
28
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Introduction
Division 1
Section 85
No. , 2021
Offshore Electricity Infrastructure Bill 2021
75
(i) one or more other persons begin to control the licence
1
holder (whether alone or together with one or more
2
other persons the person acts jointly with) after that
3
time; or
4
(ii) an original controller (whether alone or together with
5
one or more other persons the person acts jointly with)
6
ceases to control the licence holder after that time.
7
85 Meaning of
approval period
8
For the purposes of this Act, the
approval period
, for a change in
9
control of a licence holder, means the period:
10
(a) starting on the day the notice of approval for the change in
11
control is given; and
12
(b) ending at the earliest of the following:
13
(i) immediately after the change in control takes effect;
14
(ii) if the approval of a change in control is revoked--when
15
the notice of revocation is given;
16
(iii) 9 months after the day the notice of approval is given.
17
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 2
Application and approval of change in control of a licence holder
Section 86
76
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 2--Application and approval of change in control
1
of a licence holder
2
86 Application for approval
3
A person who:
4
(a) proposes to begin to control a licence holder; or
5
(b) proposes to cease to control a licence holder;
6
may apply, in accordance with the licensing scheme, to the
7
Registrar for approval of a change in control of the licence holder.
8
Note:
A person who begins to control, or ceases to control, a licence holder
9
where the change in control has not been approved may commit an
10
offence or be liable to a civil penalty (see section 95).
11
87 Registrar must decide whether to approve change in control
12
Scope
13
(1) This section applies if an application is made for approval of a
14
change in control of a licence holder under section 86.
15
Decision
16
(2) The Registrar must decide:
17
(a) to approve the change in control; or
18
(b) to refuse to approve the change in control.
19
Note:
The applicant must be notified of the decision (see section 88).
20
(3) Before deciding whether to approve or refuse to approve a change
21
in control, the Registrar may consult with:
22
(a) the Regulator; or
23
(b) the Minister.
24
(4) In deciding whether to approve or refuse to approve a change in
25
control, the Registrar:
26
(a) must have regard to whether the licence would, if the change
27
in control occurred, meet the merit criteria; and
28
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Application and approval of change in control of a licence holder
Division 2
Section 88
No. , 2021
Offshore Electricity Infrastructure Bill 2021
77
(b) must have regard to any matters prescribed by the licensing
1
scheme; and
2
(c) may have regard to the following matters:
3
(i) matters raised in consultations (if any) under
4
subsection (3);
5
(ii) matters prescribed by the licensing scheme;
6
(iii) any other matters the Registrar considers relevant.
7
88 Notice of decision
8
Notice of approval
9
(1) If the Registrar approves a change in control of a licence holder,
10
the Registrar must give the applicant written notice of the approval.
11
Notice of refusal
12
(2) If the Registrar refuses to approve the change in control of a
13
licence holder, the Registrar must give the applicant written notice
14
of the refusal.
15
89 Retention and return of instrument
16
If an application under section 86 was accompanied by the original
17
instrument or proposed instrument effecting a change in control of
18
a licence holder, the Registrar must, after making a decision under
19
subsection 87(2):
20
(a) make and retain a copy of the instrument or proposed
21
instrument; and
22
(b) return the original instrument or proposed instrument to the
23
applicant.
24
90 Limit of effect of approval
25
The approval of a change in control of a licence holder does not
26
give the transaction or proposed transaction effecting the change in
27
control any force, effect or validity that the transaction would not
28
have had if this Part had not been enacted.
29
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 2
Application and approval of change in control of a licence holder
Section 91
78
Offshore Electricity Infrastructure Bill 2021
No. , 2021
91 Notification of change in circumstances before or during
1
approval period
2
(1) A person contravenes this subsection if:
3
(a) an application is made for approval of a change in control of
4
a licence holder under section 86; and
5
(b) the person proposes to:
6
(i) begin to control the licence holder; or
7
(ii) cease to control the licence holder; and
8
(c) there is a change in circumstances in relation to the person
9
that materially affects any of the matters the Registrar must
10
have regard to under subsection 87(4); and
11
(d) the change in circumstances occurs either:
12
(i) before the Registrar makes a decision under
13
subsection 87(2); or
14
(ii) if the change in control is approved--during the
15
approval period for the change in control; and
16
(e) the person does not notify the Registrar of the matters in
17
paragraph (c) as soon as practicable after the change in
18
circumstances occurs.
19
Note 1:
Under subsection 87(4), the Registrar must have regard to various
20
matters when deciding whether to approve or refuse to approve a
21
change in control of a licence holder.
22
Note 2:
Contravention of this subsection is also a ground for cancellation of a
23
licence (see paragraph 73(1)(f)).
24
Civil penalty provision
25
(2) A person is liable to a civil penalty if the person contravenes
26
subsection (1).
27
Civil penalty:
480 penalty units.
28
92 Revocation of approval
29
Revocation
30
(1) The Registrar may revoke an approval of a change in control of a
31
licence holder in the approval period for the change in control if:
32
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Application and approval of change in control of a licence holder
Division 2
Section 93
No. , 2021
Offshore Electricity Infrastructure Bill 2021
79
(a) there is a change in the circumstances of a person who is
1
approved to:
2
(i) begin to control the licence holder; or
3
(ii) cease to control the licence holder; and
4
(b) the Registrar considers it appropriate to revoke the approval.
5
Notice of revocation
6
(2) If the Registrar revokes an approval of a change in control, the
7
Registrar must give written notice of the revocation to the person
8
given notice of the approval of the change in control.
9
93 Notification of change in control
10
(1) A person contravenes this subsection if:
11
(a) the Registrar approves a change in control of a licence
12
holder; and
13
(b) the change in control takes effect within the approval period
14
for the change in control; and
15
(c) the person given notice of the approval of the change in
16
control does not notify the Registrar of the matter in
17
paragraph (b) within 10 days after the end of the approval
18
period.
19
Civil penalty provision
20
(2) A person is liable to a civil penalty if the person contravenes
21
subsection (1).
22
Civil penalty:
480 penalty units.
23
(3) The maximum civil penalty for each day that a contravention of
24
subsection (2) continues is 10% of the maximum civil penalty that
25
can be imposed in respect of that contravention.
26
Note:
Subsection (2) is a continuing civil penalty provision under section 93
27
of the Regulatory Powers Act.
28
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 2
Application and approval of change in control of a licence holder
Section 94
80
Offshore Electricity Infrastructure Bill 2021
No. , 2021
94 Change in control information to be entered in Register
1
(1) If the Registrar is notified of a change in control of a licence
2
holder, the Registrar must make a notation of the matters set out in
3
subsection (2) in the Register in the record for the licence.
4
(2) The matters are the following:
5
(a) the date of any application made under section 86;
6
(b) the date of any decision made under subsection 87(2);
7
(c) the date the change in control took effect.
8
(3) The Registrar may make such other notation in the Register as the
9
Registrar considers appropriate.
10
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Change in control must be approved
Division 3
Section 95
No. , 2021
Offshore Electricity Infrastructure Bill 2021
81
Division 3--Change in control must be approved
1
95 Change in control must be approved by Registrar
2
(1) A person contravenes this subsection if:
3
(a) there is a change in control of a licence holder; and
4
(b) the person:
5
(i) begins to control the licence holder; or
6
(ii) ceases to control the licence holder; and
7
(c) either:
8
(i) the Registrar has not approved the change in control; or
9
(ii) the Registrar has approved the change in control, but the
10
change in control took effect after the end of the
11
approval period for the change in control.
12
Note:
Contravention of this subsection is also a ground for cancellation of a
13
licence (see paragraph 73(1)(f)).
14
Fault-based offence
15
(2) A person commits an offence if the person contravenes
16
subsection (1).
17
Penalty: Imprisonment for 5 years or 1,200 penalty units, or both.
18
Civil penalty provision
19
(3) A person is liable to a civil penalty if the person contravenes
20
subsection (1).
21
Civil penalty:
2,400 penalty units.
22
(4) Subsection (3) does not apply if the person did not know, and
23
could not reasonably be expected to have known, that the person
24
has begun to control, or ceased to control, the licence holder.
25
Note:
A defendant bears an evidential burden in relation to the matter in this
26
subsection (see section 96 of the Regulatory Powers Act).
27
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 3
Change in control must be approved
Section 96
82
Offshore Electricity Infrastructure Bill 2021
No. , 2021
96 Notification of change in control that takes effect without
1
approval
2
(1) A person contravenes this subsection if:
3
(a) there is a change in control of a licence holder; and
4
(b) the person:
5
(i) begins to control the licence holder; or
6
(ii) ceases to control the licence holder; and
7
(c) either:
8
(i) the Registrar has not approved the change in control; or
9
(ii) the Registrar has approved the change in control, but the
10
change in control took effect after the end of the
11
approval period for the change in control; and
12
(d) the person does not notify the Registrar of the change in
13
control within 30 days of the change taking effect.
14
Note:
Contravention of this subsection is also a ground for cancellation of a
15
licence (see paragraph 73(1)(f)).
16
Civil penalty provision
17
(2) A person is liable to a civil penalty if the person contravenes
18
subsection (1).
19
Civil penalty:
480 penalty units.
20
(3) The maximum civil penalty for each day that a contravention of
21
subsection (2) continues is 10% of the maximum civil penalty that
22
can be imposed in respect of that contravention.
23
Note:
Subsection (2) is a continuing civil penalty provision under section 93
24
of the Regulatory Powers Act.
25
(4) Subsection (2) does not apply if the person did not know, and
26
could not reasonably be expected to have known, that the person
27
has begun to control, or ceased to control, the licence holder.
28
Note:
A defendant bears an evidential burden in relation to the matter in this
29
subsection (see section 96 of the Regulatory Powers Act).
30
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Change in control must be approved
Division 3
Section 97
No. , 2021
Offshore Electricity Infrastructure Bill 2021
83
97 Notification of change in control by licence holder
1
(1) A person contravenes this section if:
2
(a) the person is a licence holder; and
3
(b) there is a change in control of the licence holder; and
4
(c) either:
5
(i) the Registrar has not approved the change in control; or
6
(ii) the Registrar has approved the change in control, but the
7
change in control took effect after the end of the
8
approval period for the change in control; and
9
(d) the licence holder knows or ought reasonably to know the
10
change in control has taken effect; and
11
(e) the licence holder does not notify the Registrar of the change
12
in control within 30 days of the change taking effect.
13
Civil penalty provision
14
(2) A person is liable to a civil penalty if the person contravenes
15
subsection (1).
16
Civil penalty:
480 penalty units.
17
(3) Subsection 93(2) of the Regulatory Powers Act does not apply in
18
relation to a contravention of subsection (2).
19
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 4
Information-gathering powers
Section 98
84
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 4--Information-gathering powers
1
98 Registrar may obtain information and documents
2
Scope
3
(1) This section applies if:
4
(a) one of the following applies:
5
(i) the Registrar reasonably believes that there has been, or
6
that there will be, a change in control of a licence
7
holder;
8
(ii) an application is made under section 86 for an approval
9
of a change in control of a licence holder;
10
(iii) the approval period for the change in control of a
11
licence holder has not ended and the Registrar
12
reasonably believes that there has been, or will be, a
13
change in the circumstances of a person approved to
14
begin to control the licence holder or cease to control
15
the licence holder; and
16
(b) the Registrar reasonably believes that a person has
17
information or a document, or is capable of giving evidence,
18
that is relevant to the matter in subparagraph (a)(i), (ii) or
19
(iii).
20
Requirement
21
(2) The Registrar may, by notice in writing given to the person, require
22
the person:
23
(a) to give the Registrar, within the period and in the manner
24
specified in the notice, any such information; or
25
(b) to produce to the Registrar, within the period and in the
26
manner specified in the notice, any such documents; or
27
(c) if the person is an individual--to appear before the Registrar
28
at a time and place specified in the notice to:
29
(i) give any such evidence, either orally or in writing; and
30
(ii) produce any such documents; or
31
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Information-gathering powers
Division 4
Section 99
No. , 2021
Offshore Electricity Infrastructure Bill 2021
85
(d) if the person is a body corporate--to cause a competent
1
officer of the body to appear before the Registrar at a time
2
and place specified in the notice to:
3
(i) give any such evidence, either orally or in writing; and
4
(ii) produce any such documents.
5
(3) The period specified under paragraph (2)(a) or (b) must not be
6
shorter than 14 days after the notice is given.
7
(4) A time specified under paragraph (2)(c) or (d) must not be earlier
8
than 14 days after the notice is given.
9
Notice to set out the effect of offence and civil penalty provisions
10
(5) A notice under subsection (2) must set out the effect of the
11
following provisions:
12
(a) section 99 (about compliance with the notice);
13
(b) section 104 (about giving false or misleading information);
14
(c) section 105 (about giving false or misleading documents);
15
(d) section 106 (about giving false or misleading evidence).
16
99 Complying with information-gathering notice
17
(1) A person contravenes this subsection if:
18
(a) the person is given a notice under subsection 98(2); and
19
(b) the person engages in conduct; and
20
(c) the person's conduct breaches the notice.
21
Fault-based offence
22
(2) A person commits an offence if the person contravenes
23
subsection (5).
24
Penalty:
100 penalty units.
25
Civil penalty provision
26
(3) A person is liable to a civil penalty if the person contravenes
27
subsection (5).
28
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 4
Information-gathering powers
Section 100
86
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Civil penalty:
150 penalty units.
1
Continuing offences and continuing contraventions of civil penalty
2
provisions
3
(4) The maximum penalty for each day that an offence under
4
subsection (6) continues is 10% of the maximum penalty that can
5
be imposed in respect of that offence.
6
Note:
To the extent that subsection (6) provides, subsection (2) is a
7
continuing offence under section 4K of the
Crimes Act 1914
.
8
(5) The maximum civil penalty for each day that a contravention of
9
subsection (7) continues is 10% of the maximum civil penalty that
10
can be imposed in respect of that contravention.
11
Note:
To the extent that subsection (6) provides, subsection (3) is a
12
continuing civil penalty provision under section 93 of the Regulatory
13
Powers Act.
14
(6) Subsections (4) and (5) apply only in relation to a contravention of
15
a requirement to which paragraph 98(2)(a) or (b) applies.
16
100 Power to examine on oath or affirmation
17
The Registrar may:
18
(a) administer an oath or affirmation to a person required to
19
appear before the Registrar under section 98; and
20
(b) examine that person on oath or affirmation.
21
101 Self-incrimination
22
(1) An individual is not excused from giving information or evidence
23
or producing a document under section 98 on the ground that the
24
information or evidence or the production of the document might
25
tend to incriminate the individual in relation to an offence.
26
Note:
A body corporate is not entitled to claim the privilege against
27
self-incrimination.
28
(2) However:
29
(a) the information or evidence given or the document produced;
30
and
31
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Information-gathering powers
Division 4
Section 102
No. , 2021
Offshore Electricity Infrastructure Bill 2021
87
(b) the giving of the information or evidence or the production of
1
the document; and
2
(c) any information, document or thing obtained as a direct or
3
indirect consequence of the giving of the information or
4
evidence or the production of the document;
5
are not admissible in evidence against the individual in any
6
criminal proceedings, other than:
7
(d) proceedings for an offence against subsection 99(2) or
8
section 104, 105 or 106; or
9
(e) proceedings for an offence against section 137.1 or 137.2 of
10
the
Criminal Code
that relates to this Division.
11
(3) If, at general law, an individual would otherwise be able to claim
12
the privilege against self-exposure to a penalty (other than a
13
penalty for an offence) in relation to giving information or
14
evidence or producing a document under section 98, the individual
15
is not excused from giving the information or evidence or
16
producing the document under those provisions on that ground.
17
Note:
A body corporate is not entitled to claim the privilege against
18
self-exposure to a penalty.
19
102 Copies of documents
20
The Registrar may inspect a document produced under this
21
Division and may make and retain copies of, or take and retain
22
extracts from, such a document.
23
103 Registrar may retain documents
24
(1) The Registrar may take possession of a document produced under
25
this Division, and retain it for as long as is reasonably necessary.
26
(2) The person otherwise entitled to possession of the document is
27
entitled to be supplied, as soon as practicable, with a copy certified
28
by the Registrar to be a true copy.
29
(3) The certified copy must be received in all courts and tribunals as
30
evidence as if it were the original.
31
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 4
Information-gathering powers
Section 104
88
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(4) Until a certified copy is supplied, the Registrar must provide the
1
person otherwise entitled to possession of the document, or a
2
person authorised by that person, reasonable access to the
3
document for the purposes of inspecting and making copies of, or
4
taking extracts from, the document.
5
104 False or misleading information
6
A person commits an offence if:
7
(a) the person gives information in compliance or purported
8
compliance with a notice under subsection 98(2); and
9
(b) the person does so knowing that the information:
10
(i) is false or misleading in a material particular; or
11
(ii) omits any matter or thing without which the information
12
is misleading in a material particular.
13
Note:
The same conduct may be an offence against both this section and
14
section 137.1 of the
Criminal Code
.
15
Penalty: 100 penalty units.
16
105 False or misleading documents
17
A person commits an offence if:
18
(a) the person produces a document in compliance or purported
19
compliance with a notice under subsection 98(2); and
20
(b) the person does so knowing that the document is false or
21
misleading in a material particular.
22
Note:
The same conduct may be an offence against both this section and
23
section 137.2 of the
Criminal Code
.
24
Penalty: 100 penalty units.
25
106 False or misleading evidence
26
A person commits an offence if:
27
(a) the person gives evidence in compliance or purported
28
compliance with a notice under subsection 98(2); and
29
(b) the person does so knowing that the evidence is false or
30
misleading in a material particular.
31
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Information-gathering powers
Division 4
Section 106
No. , 2021
Offshore Electricity Infrastructure Bill 2021
89
Penalty: Imprisonment for 12 months.
1
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 5
Tracing and anti-avoidance
Section 107
90
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 5--Tracing and anti-avoidance
1
107 Tracing
2
(1) Subsection (4) applies if a person (whether alone or together with
3
one or more other persons the person acts jointly with):
4
(a) holds the power to exercise, or control the exercise of, 20%
5
or more of the voting rights in:
6
(i) a corporation (
higher party
); or
7
(ii) a partnership (a general partner of which is a
higher
8
party
); or
9
(b) holds, or holds an interest in, 20% or more of the issued
10
securities in a corporation (
higher party
); or
11
(c) holds 20% or more of the interests
in:
12
(i) a trust (a trustee of which is a
higher party
); or
13
(ii) a partnership (a general partner of which is a
higher
14
party
);
15
including because of one or more applications of this section, and:
16
(d) the higher party (whether alone or together with one or more
17
other persons the person acts jointly with) holds the power to
18
exercise, or control the exercise of, 20% or more of the
19
voting rights in:
20
(i) a corporation (
lower party
); or
21
(ii) a partnership (
lower party
) other than the partnership
22
mentioned in subparagraph (a)(ii) or
23
subparagraph (c)(ii) (if either of those subparagraphs
24
apply); or
25
(e) the higher party holds, or holds an interest in, 20% or more of
26
the issued securities in a corporation (
lower party
); or
27
(f) the higher party holds 20% or more of the interests in:
28
(i) a trust (
lower party
); or
29
(ii) a partnership (
lower party
) other than the partnership
30
mentioned in subparagraph (a)(ii) or
31
subparagraph (c)(ii) (if either of those subparagraphs
32
apply).
33
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Tracing and anti-avoidance
Division 5
Section 108
No. , 2021
Offshore Electricity Infrastructure Bill 2021
91
(2) A person
holds 20% or more of the interests
in a trust if the person
1
holds 20% or more of:
2
(a) the beneficial interest in the income or property of the trust;
3
or
4
(b) the interest in units in a unit trust.
5
(3) A person
holds 20% or more of the interests
in a partnership if the
6
person is entitled to 20% or more of any of the distributions of
7
capital, assets or profits of the partnership, either on dissolution of
8
the partnership or otherwise.
9
(4) For the purposes of this Part:
10
(a) if paragraph (1)(d) applies, the person is taken to hold the
11
power to exercise, or control the exercise of, the voting rights
12
in the lower party that the higher party holds the power to
13
exercise or control; or
14
(b) if paragraph (1)(e) applies, the person is taken to hold, or
15
hold an interest in, the issued securities in the lower party
16
that the higher party holds or holds an interest in; or
17
(c) if paragraph (1)(f) applies, the person is taken to hold the
18
interests in the lower party that the higher party holds.
19
(5) The licensing scheme may prescribe a different percentage, or
20
different percentages, to the percentage specified in
21
paragraphs (1)(a) to (f) and subsection (2) or (3).
22
(6) In this section:
23
general partner
means a partner of a partnership whose liability in
24
relation to the partnership is not limited.
25
108 Anti-avoidance
26
(1) A person contravenes this subsection if:
27
(a) the person, either alone or with one or more other persons:
28
(i) enters into a scheme; or
29
(ii) begins to carry out a scheme; or
30
(iii) carries out a scheme; and
31
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 5
Tracing and anti-avoidance
Section 108
92
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(b) the person does so for the sole or dominant purpose of
1
avoiding the application of Division 3
in relation to any
2
person or persons (whether or not those persons are the same
3
persons mentioned in paragraph (a)); and
4
(c) as a result of that scheme or part of that scheme, a person
5
avoided the application of Division 3.
6
Note:
Contravention of this subsection is also a ground for cancellation of a
7
licence (see paragraph 73(1)(f)).
8
Fault-based offence
9
(2) A person commits an offence if the person contravenes
10
subsection (1).
11
Penalty: 1,200 penalty units.
12
Civil penalty provision
13
(3) A person is liable to a civil penalty if the person contravenes
14
subsection (1).
15
Civil penalty:
2,400
penalty units.
16
(4) In this section:
17
scheme
means the following:
18
(a) any agreement, arrangement, understanding, promise or
19
undertaking, whether express or implied and whether or not
20
enforceable, or intended to be enforceable, by legal
21
proceedings;
22
(b) any scheme, plan, proposal, action, course of action or course
23
of conduct, whether unilateral or otherwise.
24
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Other provisions
Division 6
Section 109
No. , 2021
Offshore Electricity Infrastructure Bill 2021
93
Division 6--Other provisions
1
109 Registrar etc. not concerned with the effect of instrument lodged
2
under this Part
3
None of the following is concerned with the effect in law of an
4
instrument lodged under this Part:
5
(a) the Minister;
6
(b) the Registrar;
7
(c) a person acting under the direction or authority of the
8
Minister or the Registrar.
9
110 Falsified documents
10
A person commits an offence if:
11
(a) the person produces or tenders in evidence a document; and
12
(b) the document falsely purports to be a copy of or extract from
13
an instrument given to the Registrar under this Part.
14
Note:
The same conduct may be an offence against both this section and
15
section 137.2 of the
Criminal Code
.
16
Penalty: 50 penalty units.
17
111 Inspection of instruments
18
The Registrar must ensure that all instruments, or copies of
19
instruments, subject to inspection under this Part are open for
20
inspection at all convenient times, by any person on payment of a
21
fee calculated under the licensing scheme.
22
112 Evidentiary provisions
23
Certified copies and extracts
24
(1) The Registrar may supply a copy of or extract from any instrument
25
lodged with the Registrar under this Part, certified by the Registrar
26
to be a true copy or true extract.
27
Chapter 3
Licensing
Part 3
Change in control of a licence holder
Division 6
Other provisions
Section 112
94
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(2) The certified copy or extract is admissible in evidence in all courts
1
and proceedings without further proof or production of the original.
2
Evidentiary certificate
3
(3) The Registrar may issue a written certificate:
4
(a) stating that an entry, matter or thing required or permitted by
5
or under this Part to be made or done:
6
(i) has been made or done; or
7
(ii) has not been made or done; or
8
(b) stating that an entry, matter or thing required by or under this
9
Part not to be made or done:
10
(i) has not been made or done; or
11
(ii) has been made or done.
12
(4) The certificate is to be received in all courts and proceedings as
13
prima facie evidence of the statements in the certificate.
14
Criminal proceedings--copy of certificate to be given to defendant
15
14 days before certificate admitted in evidence
16
(5) A certificate must not be admitted in evidence under subsection (4)
17
in proceedings for an offence unless:
18
(a) the person charged with the offence; or
19
(b) a barrister or solicitor who has appeared for the person in
20
those proceedings;
21
has, at least 14 days before the certificate is sought to be so
22
admitted, been given a copy of the certificate together with notice
23
of the intention to produce the certificate as evidence in the
24
proceedings.
25
Person signing the certificate may be called to give evidence
26
(6) If, under subsection (4), a certificate is admitted in evidence in
27
proceedings for an offence, the person charged with the offence
28
may require the person who signed the certificate to be:
29
(a) called as a witness for the prosecution; and
30
(b) cross-examined as if the person who signed the certificate
31
had given evidence of the matters stated in the certificate.
32
Licensing
Chapter 3
Change in control of a licence holder
Part 3
Other provisions
Division 6
Section 112
No. , 2021
Offshore Electricity Infrastructure Bill 2021
95
(7) However, subsection (6) does not entitle the person charged to
1
require the person who signed the certificate to be called as a
2
witness for the prosecution unless:
3
(a) the prosecutor has been given at least 4 days' notice of the
4
person's intention to require the person who signed the
5
certificate to be so called; or
6
(b) the court, by order, allows the person charged to require the
7
person who signed the certificate to be so called.
8
Evidence in support, or in rebuttal, of matters in certificate to be
9
considered on its merits
10
(8) Any evidence given in support, or in rebuttal, of a matter stated in
11
a certificate issued under subsection (3) must be considered on its
12
merits, and the credibility and probative value of such evidence
13
must be neither increased nor diminished by reason of this section.
14
Chapter 4
Management and protection of infrastructure
Part 1
Management and operation of infrastructure
Division 1
Introduction
Section 113
96
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Chapter 4--Management and protection of
1
infrastructure
2
Part 1--Management and operation of
3
infrastructure
4
Division 1--Introduction
5
113 Simplified outline of this Part
6
A licence holder that proposes to construct, install, commission,
7
operate, maintain or decommission offshore infrastructure must
8
have a management plan for the licence. A management plan is a
9
plan for these activities, and other activities to be carried out under
10
a licence, that is prepared by the licence holder and approved by
11
the Regulator under Division 2.
12
Division 3 requires a licence holder to maintain or remove property
13
used in activities under this Act.
14
Division 4 requires a licence holder to provide financial security to
15
cover decommissioning and other costs.
16
Management and protection of infrastructure
Chapter 4
Management and operation of infrastructure
Part 1
Management plans
Division 2
Section 114
No. , 2021
Offshore Electricity Infrastructure Bill 2021
97
Division 2--Management plans
1
114 Licensing scheme must provide for management plans
2
(1) The licensing scheme must provide for:
3
(a) licence holders to prepare plans for the offshore
4
infrastructure activities and other activities that are to be
5
carried out under licences; and
6
(b) procedures for a licence holder to apply to the Regulator for
7
the Regulator to approve such a plan; and
8
(c) procedures for the Regulator to consider such an application,
9
and approve or refuse to approve the plan.
10
Note 1:
A plan that has been approved for a licence by the Regulator under the
11
licensing scheme is a
management plan
for the licence.
12
Note 2:
The holder of a licence must have a management plan for the licence
13
in order to carry out offshore infrastructure activities under the
14
licence.
15
(2) Without limiting subsection (1), the licensing scheme may provide
16
for any of the following:
17
(a) matters to which the Regulator may or must have regard
18
when considering whether to approve a management plan;
19
(b) the revision of management plans, including requirements for
20
a licence holder to revise a management plan and procedures
21
for the Regulator to consider a revised management plan and
22
approve, or refuse to approve, the revised management plan;
23
(c) requirements for consultation in relation to an application for
24
approval of a management plan or a revised management
25
plan;
26
(d) requirements for a licence holder to give notifications to the
27
Regulator in relation to the design of offshore renewable
28
energy infrastructure and offshore electricity transmission
29
infrastructure;
30
(e) the holder of a feasibility licence to apply for the Regulator
31
to approve a management plan for a commercial licence that
32
the holder has applied for, or proposes to apply for;
33
Chapter 4
Management and protection of infrastructure
Part 1
Management and operation of infrastructure
Division 2
Management plans
Section 115
98
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(f) requirements that, for the purposes of paragraph 74(3)(d), the
1
licence holder must comply with for the licence to be
2
surrendered.
3
(3) Despite section 46AA of the
Acts Interpretation Act 1901
, the
4
licensing scheme may provide for a management plan to provide
5
for a matter by applying, adopting or incorporating, with or without
6
modification, any matter contained in an instrument or other
7
writing as in force or existing from time to time.
8
(4) A management plan is not a legislative instrument.
9
115 Matters that a management plan must address
10
(1) A management plan for a licence must address the following
11
matters:
12
(a) how the licence holder is to carry out offshore infrastructure
13
activities and other activities under the licence;
14
(b) any matters that the conditions of the licence require to be
15
addressed in the management plan;
16
(c) environmental management, including how the licence
17
holder is to comply with any obligations under the
18
Environment Protection and Biodiversity Conservation Act
19
1999
, or regulations under that Act, in relation to the
20
activities to be carried out under the licence;
21
(d) how the licence holder is complying with, or is to comply
22
with, section 116 (maintenance and removal of property etc.
23
by licence holder);
24
(e) how the licence holder is complying with, or is to comply
25
with, sections 117 and 118 (financial security);
26
(f) requirements for the licence holder to keep, at a place in
27
Australia, records in relation to offshore infrastructure
28
activities, and make those records available for inspection
29
under the applied work health and safety provisions;
30
(g) any other matters that this Act requires to be addressed in a
31
management plan;
32
(h) any matters prescribed by the licensing scheme;
33
(i) any matters required by the Regulator under subsection (3).
34
Management and protection of infrastructure
Chapter 4
Management and operation of infrastructure
Part 1
Management plans
Division 2
Section 115
No. , 2021
Offshore Electricity Infrastructure Bill 2021
99
(2) Without limiting paragraph (1)(h), the licensing scheme may
1
require a management plan to address any of the following:
2
(a) the design, infrastructure integrity and maintenance of
3
licence infrastructure;
4
(b) work health and safety;
5
(c) emergency management;
6
(d) the making and keeping of records;
7
(e) requirements to consult with any person that may be affected
8
by activities carried out under the licence;
9
(f) the outcomes of any consultation, including consultation
10
carried out before the management plan was approved or
11
while the management plan is in effect;
12
(g) monitoring, auditing, managing and reviewing the
13
management plan and the licence holder's compliance with
14
the management plan.
15
(3) The Regulator may require a management plan for a licence to
16
make any reasonable provision for any matters, or to impose any
17
reasonable requirements on the licence holder, in relation to the
18
offshore infrastructure activities to be carried out under the licence,
19
that the Regulator considers appropriate.
20
Chapter 4
Management and protection of infrastructure
Part 1
Management and operation of infrastructure
Division 3
Operations
Section 116
100
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 3--Operations
1
116 Maintenance and removal of property etc. by licence holder
2
Maintenance of property etc.
3
(1) A licence holder must maintain in good condition and repair all
4
structures that are, and all equipment and other property that is:
5
(a) in the licence area; and
6
(b) used in connection with activities authorised or required by
7
or under this Act.
8
Removal of property etc.
9
(2) A licence holder must remove from the licence area all structures
10
that are, and all equipment and other property that is, neither used
11
nor to be used in connection with the activities:
12
(a) in which the holder is or will be engaged; and
13
(b) that are authorised or required by or under this Act.
14
Exception
15
(3) Subsections (1) and (2) do not apply in relation to any structure,
16
equipment or other property that was not brought into the licence
17
area by or with the authority of the licence holder.
18
Note:
A defendant bears an evidential burden in relation to the matter in this
19
subsection (see subsection 13.3(3) of the
Criminal Code
and
20
section 96 of the Regulatory Powers Act).
21
Strict liability offence
22
(4) A person commits an offence of strict liability if the person
23
contravenes subsection (1) or (2).
24
Penalty: 100 penalty units.
25
Civil penalty provision
26
(5) A person is liable for a civil penalty if the person contravenes
27
subsection (1) or (2).
28
Management and protection of infrastructure
Chapter 4
Management and operation of infrastructure
Part 1
Operations
Division 3
Section 116
No. , 2021
Offshore Electricity Infrastructure Bill 2021
101
Civil penalty:
525 penalty units.
1
Section has effect subject to other provisions etc.
2
(6) This section has effect subject to:
3
(a) any other provision of this Act; and
4
(b) a direction given by the Regulator under section 121 (general
5
directions); and
6
(c) a direction given by the Regulator or the Minister under
7
Division 3 (remedial directions) of Part 2 of this Chapter; and
8
(d) the management plan for the licence, if there is one; and
9
(e) any other law.
10
Chapter 4
Management and protection of infrastructure
Part 1
Management and operation of infrastructure
Division 4
Financial security
Section 117
102
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 4--Financial security
1
117 Requirement to provide financial security
2
(1) The holder of a licence for which there is a management plan must,
3
at all times while the licence is in force, provide the
4
Commonwealth with financial security sufficient to pay any costs,
5
expenses and liabilities that may arise in connection with, or as a
6
result of:
7
(a) the decommissioning of licence infrastructure; and
8
(b) the removal of equipment and other property from the licence
9
area or a vacated area; and
10
(c) the remediation of the licence area and vacated areas, and any
11
other area affected by activities carried out under the licence.
12
Note:
The purposes for which the financial security may be used are not
13
limited to the matters in paragraphs (a), (b) and (c) (see
14
subsection 119(2)).
15
(2) The regulations may provide for the Regulator:
16
(a) to refuse to approve a management plan for a licence unless
17
the licence holder has provided the financial security required
18
by subsection (1) in relation to the activities to be carried out
19
under the licence in accordance with the management plan;
20
or
21
(b) to refuse to approve a revised management plan for a licence
22
unless the licence holder has provided the financial security
23
required by subsection (1) in relation to the activities to be
24
carried out under the licence in accordance with the
25
management plan as revised.
26
(3) The regulations may provide for the financial security required by
27
subsection (1):
28
(a) to be required to be provided in a form acceptable to the
29
Regulator; or
30
(b) to be required at different times in relation to particular
31
licence infrastructure, so long as the financial security that
32
relates to particular infrastructure is provided before that
33
infrastructure is constructed or installed in the licence area; or
34
Management and protection of infrastructure
Chapter 4
Management and operation of infrastructure
Part 1
Financial security
Division 4
Section 118
No. , 2021
Offshore Electricity Infrastructure Bill 2021
103
(c) to cease to be required in relation to particular licence
1
infrastructure, property or remediation activities if the
2
Regulator is satisfied that no further costs, expenses or
3
liabilities are likely to arise in relation to that infrastructure or
4
property or those activities.
5
(4) The regulations may prescribe:
6
(a) arrangements that may be treated as financial security for the
7
purposes of this section; and
8
(b) arrangements that are not to be treated as financial security
9
for the purposes of this section; and
10
(c) methods for working out the amount of financial security that
11
a licence holder must provide under subsection (1) (which
12
may take into account costs, expenses and liabilities that
13
might arise from emergencies or unexpected circumstances);
14
and
15
(d) circumstances in which the Regulator may accept a reduced
16
amount of financial security.
17
118 Contravention of requirement to provide financial security
18
(1) A person contravenes this subsection if:
19
(a) subsection 117(1) requires the person to provide the
20
Commonwealth with financial security in accordance with
21
section 117; and
22
(b) the person does not comply with the requirement.
23
Fault-based offence
24
(2) A person commits an offence if the person contravenes
25
subsection (1).
26
Penalty: 300 penalty units.
27
Civil penalty
28
(3) A person is liable to a civil penalty if the person contravenes
29
subsection (1).
30
Civil penalty:
480 penalty units.
31
Chapter 4
Management and protection of infrastructure
Part 1
Management and operation of infrastructure
Division 4
Financial security
Section 119
104
Offshore Electricity Infrastructure Bill 2021
No. , 2021
119 Recovery and application of financial security
1
(1) The regulations may provide for specified kinds of costs, expenses
2
and liabilities incurred by the Commonwealth or the Regulator in
3
relation to a licence, or debts owed by a licence holder to the
4
Commonwealth or the Regulator under this Act, to be recovered by
5
the Commonwealth from a financial security provided by the
6
licence holder.
7
(2) To avoid doubt, the costs, expenses, liabilities and debts mentioned
8
in subsection (1):
9
(a) are not limited to the costs, expenses and liabilities
10
mentioned in subsection 117(1); and
11
(b) may include amounts of offshore electricity infrastructure
12
levy that are due and payable to the Commonwealth by the
13
licence holder.
14
(3) An amount:
15
(a) received by the Commonwealth as financial security, or in
16
respect of a financial security, for the purposes of this
17
section; or
18
(b) recovered by the Commonwealth from a financial security
19
provided for the purposes of this section;
20
is to be credited to the Offshore Infrastructure Registrar Special
21
Account.
22
(4) An amount referred to in subsection (3) must be:
23
(a) applied to any cost, expense or liability incurred by the
24
Commonwealth, or debt owed to the Commonwealth, that
25
may be recovered from the financial security under
26
regulations made for the purposes of subsection (1); or
27
(b) paid to the Regulator for the purposes of:
28
(i) applying the amount to any cost, expense or liability
29
incurred by the Regulator, or debt owed to the
30
Regulator, that may be recovered from the financial
31
security under regulations made for the purposes of
32
subsection (1); or
33
(ii) to the extent that the Regulator is satisfied that the
34
amount is no longer required--refunding the amount; or
35
Management and protection of infrastructure
Chapter 4
Management and operation of infrastructure
Part 1
Financial security
Division 4
Section 119
No. , 2021
Offshore Electricity Infrastructure Bill 2021
105
(c) to the extent that the Regulator is satisfied that the amount is
1
no longer required--refunded by the Commonwealth; or
2
(d) if paragraphs (a), (b) and (c) do not apply--retained by the
3
Commonwealth until it is:
4
(i) applied as mentioned in paragraph (a); or
5
(ii) paid to the Regulator as mentioned in paragraph (b); or
6
(iii) refunded as mentioned in paragraph (c).
7
Chapter 4
Management and protection of infrastructure
Part 2
Directions powers
Division 1
Introduction
Section 120
106
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Part 2--Directions powers
1
Division 1--Introduction
2
120 Simplified outline of this Part
3
The Regulator may give a licence holder directions about the
4
licence holder's activities under this Act.
5
The Regulator and the Minister may give a licence holder or a
6
former licence holder remedial directions requiring the licence
7
holder or former licence holder to take various remedial actions,
8
including by making good damage done to the environment.
9
The Regulator and the Minister may take actions to give effect to a
10
direction that is not complied with.
11
Management and protection of infrastructure
Chapter 4
Directions powers
Part 2
General power to give directions
Division 2
Section 121
No. , 2021
Offshore Electricity Infrastructure Bill 2021
107
Division 2--General power to give directions
1
121 General power to give directions--Regulator
2
Direction to licence holder
3
(1) The Regulator may, by written notice to a licence holder, give the
4
licence holder a direction as to any of the following:
5
(a) how the licence holder is to comply with any provision of
6
this Act, the applied work health and safety provisions, the
7
conditions of the licence or the management plan for the
8
licence (if there is a management plan for the licence);
9
(b) how offshore infrastructure activities are to be carried out
10
under the licence;
11
(c) any matter that, under this Act or the licensing scheme, a
12
management plan may or must address.
13
Note:
Breach of a direction may attract a criminal or civil penalty (see
14
section 123).
15
(2) Without limiting subsection (1), the directions that may be given
16
under that subsection include the following:
17
(a) a direction to carry out offshore infrastructure activities under
18
the licence in a particular way;
19
(b) a direction to make arrangements for another person to carry
20
out offshore infrastructure activities under the licence on
21
behalf of the licence holder;
22
(c) a direction as to how the licence holder is to comply with a
23
requirement under this Act, the applied work health and
24
safety provisions, the licence or the management plan (if any)
25
for the licence;
26
(d) a direction requiring the licence holder to ensure that a
27
requirement under this Act, the applied work health and
28
safety provisions, the licence or the management plan (if any)
29
for the licence is not contravened;
30
(e) a direction requiring the licence holder to comply with a
31
requirement under this Act, the applied work health and
32
safety provisions, the licence or the management plan (if any)
33
Chapter 4
Management and protection of infrastructure
Part 2
Directions powers
Division 2
General power to give directions
Section 121
108
Offshore Electricity Infrastructure Bill 2021
No. , 2021
for the licence in a specified manner or within a specified
1
time;
2
(f) a direction requiring the licence holder to cease carrying out
3
activities under the licence until a requirement under this Act,
4
the applied work health and safety provisions, the licence or
5
the management plan (if any) for the licence is complied
6
with.
7
Extended application of direction
8
(3) A direction given under this section to a licence holder applies to
9
the licence holder and may also be expressed to apply to:
10
(a) a specified class of persons, so long as the class consists of,
11
or is included in, either or both of the following classes:
12
(i) employees or agents of, or persons acting on behalf of,
13
the licence holder;
14
(ii) persons performing work or services, whether directly
15
or indirectly, for the licence holder; or
16
(b) any person (other than the licence holder or a person to
17
whom the direction applies in accordance with paragraph (a))
18
who is:
19
(i) in the Commonwealth offshore area for any reason
20
touching, concerning, arising out of, or connected with,
21
offshore infrastructure activities; or
22
(ii) in, on, above, below or in the vicinity of a vessel,
23
aircraft, structure or installation, or equipment or other
24
property, that is in the Commonwealth offshore area for
25
a reason of that kind.
26
(4) If a direction so expressed is given, the direction is taken to apply
27
to each person included in the specified class mentioned in
28
paragraph (3)(a) or to each person who is in the Commonwealth
29
offshore area as mentioned in paragraph (3)(b), as the case may be.
30
Additional matters
31
(5) A direction under this section has effect, and must be complied
32
with, despite:
33
(a) any previous direction under this section; and
34
Management and protection of infrastructure
Chapter 4
Directions powers
Part 2
General power to give directions
Division 2
Section 122
No. , 2021
Offshore Electricity Infrastructure Bill 2021
109
(b) anything in the regulations or the applied State and Territory
1
provisions.
2
Note:
For the
applied State and Territory provisions
, see subsection 248(2).
3
(6) A direction under this section may prohibit the doing of an act or
4
thing:
5
(a) unconditionally; or
6
(b) subject to conditions, including conditions requiring the
7
consent or approval of a person specified in the direction.
8
Revocation of direction
9
(7) The Regulator must, by written notice to the licence holder that a
10
direction under this section applies to, revoke the direction if the
11
Regulator is satisfied that the direction is no longer required
12
(whether because the direction has been complied with, or for any
13
other reason).
14
(8) Subsection (7) does not limit subsection 33(3) of the
Acts
15
Interpretation Act 1901
.
16
Status of directions and notices
17
(9) If paragraph (3)(b) applies to a direction under this section, each of
18
the following is a legislative instrument:
19
(a) the direction;
20
(b) a notice under subsection (7) revoking the direction.
21
(10) If paragraph (3)(b) does not apply to a direction under this section,
22
the following are not legislative instruments:
23
(a) the direction;
24
(b) a notice under subsection (7) revoking the direction.
25
122 Directions under section 121 may extend outside of licence area
26
(1) A direction given under section 121 to a licence holder may require
27
the licence holder to take an action (or not to take an action)
28
anywhere in the Commonwealth offshore area, whether within or
29
outside the licence area.
30
Chapter 4
Management and protection of infrastructure
Part 2
Directions powers
Division 2
General power to give directions
Section 123
110
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(2) If a direction under section 121 requires the holder of a licence (the
1
first licence
) to take an action in, or in relation to, the licence area
2
of another licence (the
related licence
), the Regulator must give a
3
copy of the direction to the holder of the related licence as soon as
4
practicable after the direction is given to the holder of the first
5
licence.
6
123 Directions under section 121--compliance
7
(1) A person contravenes this subsection if:
8
(a) the person is subject to a direction under section 121; and
9
(b) the person engages in conduct; and
10
(c) the person's conduct breaches the direction.
11
Fault-based offence
12
(2) A person commits an offence if the person contravenes
13
subsection (1).
14
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
15
Strict liability offence
16
(3) A person commits an offence of strict liability if the person
17
contravenes subsection (1).
18
Penalty: 100 penalty units.
19
Civil penalty provision
20
(4) A person is liable to a civil penalty if the person contravenes
21
subsection (1).
22
Civil penalty:
525 penalty units.
23
Defences--breach of direction by person other than a licence
24
holder
25
(5) Subsection (6) applies in relation to a breach of a direction if:
26
(a) both of the following persons are subject to the direction:
27
(i) a licence holder;
28
Management and protection of infrastructure
Chapter 4
Directions powers
Part 2
General power to give directions
Division 2
Section 124
No. , 2021
Offshore Electricity Infrastructure Bill 2021
111
(ii) another person; and
1
(b) the other person is prosecuted for an offence against
2
subsection (2) or (3), or a civil penalty is sought for the
3
purposes of subsection (4), in relation to the other person's
4
breach of the direction; and
5
(c) the other person adduces evidence that the other person did
6
not know, and could not reasonably be expected to have
7
known, of the existence of the direction.
8
(6) Unless it is proved that the other person knew, or could reasonably
9
be expected to have known, of the existence of the direction:
10
(a) if the other person is prosecuted for an offence--the other
11
person is not to be convicted of the offence; or
12
(b) if a civil penalty order is sought against the other person--the
13
order is not to be made against the other person.
14
Continuing offences and continuing contraventions of civil penalty
15
provisions
16
(7) A person who commits an offence against subsection (2) or (3)
17
commits a separate offence in respect of each day (including a day
18
of a conviction for the offence or any later day) during which the
19
offence continues.
20
(8) The maximum penalty for each day that an offence under
21
subsection (2) or (3) continues is 10% of the maximum penalty that
22
can be imposed in respect of that offence.
23
(9) A person who contravenes subsection (4) commits a separate
24
contravention in respect of each day (including a day of the making
25
of a relevant civil penalty order or any later day) during which the
26
contravention continues.
27
(10) The maximum civil penalty for each day that a contravention of
28
subsection (4) continues is 10% of the maximum civil penalty that
29
can be imposed in respect of that contravention.
30
Chapter 4
Management and protection of infrastructure
Part 2
Directions powers
Division 2
General power to give directions
Section 124
112
Offshore Electricity Infrastructure Bill 2021
No. , 2021
124 Regulator may take action if there is a breach of a direction
1
under section 121
2
(1) This section applies if:
3
(a) a person is subject to a direction given by the Regulator
4
under section 121; and
5
(b) the person does not comply with the direction.
6
(2) The Regulator may:
7
(a) do any or all of the things required by the direction to be
8
done; or
9
(b) engage another person to do any or all of those things on
10
behalf of the Regulator.
11
(3) If the Regulator incurs costs or expenses in relation to the doing of
12
anything under subsection (2):
13
(a) the costs or expenses are a debt due by the person to the
14
Regulator; and
15
(b) the debt is recoverable in:
16
(i) the Federal Court; or
17
(ii) the Federal Circuit and Family Court of Australia
18
(Division 2); or
19
(iii) a court of a State or Territory that has jurisdiction in
20
relation to the matter.
21
Exception--direction that has an extended application
22
(4) If:
23
(a) a direction under section 121 applies to:
24
(i) a licence holder; and
25
(ii) another person; and
26
(b) an action under subsection (3) of this section relating to the
27
direction is brought against the other person; and
28
(c) the other person adduces evidence that the other person did
29
not know, and could not reasonably be expected to have
30
known, of the existence of the direction;
31
the other person is not liable under subsection (3) of this section
32
unless the plaintiff proves that the other person knew, or could
33
Management and protection of infrastructure
Chapter 4
Directions powers
Part 2
General power to give directions
Division 2
Section 124
No. , 2021
Offshore Electricity Infrastructure Bill 2021
113
reasonably be expected to have known, of the existence of the
1
direction.
2
Chapter 4
Management and protection of infrastructure
Part 2
Directions powers
Division 3
Remedial directions
Section 125
114
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 3--Remedial directions
1
125 Remedial directions--power to issue directions under different
2
provisions
3
The power to give a direction under a provision of this Division to
4
a person in relation to a matter does not limit:
5
(a) the power of the Regulator or the Minister to give a direction
6
to the person in relation to the same (or a different) matter
7
under another provision of this Division; or
8
(b) the power of the Regulator to give a direction to the person in
9
relation to the same (or a different) matter under section 121.
10
126 Remedial directions by the Regulator
11
(1) This section applies to a person if:
12
(a) the person holds a licence; or
13
(b) the person held a licence that was surrendered or cancelled,
14
and the person held the licence immediately before the
15
surrender or cancellation took effect.
16
(2) The Regulator may, by written notice to the person, direct the
17
person:
18
(a) to do, before a time specified in the direction, any or all of
19
the following:
20
(i) provide, to the satisfaction of the Regulator, for the
21
conservation and protection of the natural resources in
22
the licence area or a vacated area in relation to the
23
licence;
24
(ii) make good, to the satisfaction of the Regulator, any
25
damage to the seabed or subsoil, or any other
26
environmental damage, in the Commonwealth offshore
27
area (whether inside or outside the licence area or a
28
vacated area) caused by any person engaged or
29
concerned in the activities authorised by the licence; or
30
Management and protection of infrastructure
Chapter 4
Directions powers
Part 2
Remedial directions
Division 3
Section 126
No. , 2021
Offshore Electricity Infrastructure Bill 2021
115
(b) to do, until a time specified in the direction, any or all of the
1
following in relation to a vacated area in relation to the
2
licence:
3
(i) assess and monitor environmentally sensitive areas
4
within the area;
5
(ii) give reports to the Regulator in relation to specified
6
matters; or
7
(c) if the person holds a licence--to do any or all of the
8
following things before a time specified in the direction:
9
(i) comply with any obligation of the licence holder under
10
this Act or the licence in connection with an offshore
11
infrastructure activity;
12
(ii) if there is a management plan for the licence--carry out
13
any obligation of the licence holder under the
14
management plan;
15
(iii) make arrangements that are satisfactory to the Regulator
16
in relation to an obligation referred to in
17
subparagraph (i) or (ii); or
18
(d) if paragraph (1)(b) applies--to do any or all of the following
19
things before a time specified in the direction:
20
(i) comply with any obligation of the licence holder under
21
this Act or the licence, as the licence was in effect
22
immediately before it was cancelled or surrendered, in
23
connection with an offshore infrastructure activity;
24
(ii) if there was a management plan for the licence
25
immediately before the licence was cancelled or
26
surrendered--carry out any obligation of the licence
27
holder under the management plan;
28
(iii) make arrangements that are satisfactory to the Regulator
29
in relation to an obligation referred to in
30
subparagraph (i) or (ii).
31
Note:
A direction under this section has no effect to the extent of any
32
inconsistency with a direction under section 127 (see
33
subsection 127(5)).
34
(3) The time specified in the direction must be reasonable.
35
(4) The person must comply with the direction.
36
Chapter 4
Management and protection of infrastructure
Part 2
Directions powers
Division 3
Remedial directions
Section 127
116
Offshore Electricity Infrastructure Bill 2021
No. , 2021
127 Remedial directions by the Minister
1
(1) This section applies to a person if:
2
(a) the person holds a licence; or
3
(b) the person held a licence that was surrendered or cancelled,
4
and the person held the licence immediately before the
5
surrender or cancellation took effect.
6
(2) The Minister may, by written notice to the person, direct the
7
person:
8
(a) to do, before a time specified in the direction, any or all of
9
the following:
10
(i) provide, to the satisfaction of the Minister, for the
11
conservation and protection of the natural resources in
12
the licence area or a vacated area in relation to the
13
licence;
14
(ii) make good, to the satisfaction of the Minister, any
15
damage to the seabed or subsoil, or any other
16
environmental damage, in the Commonwealth offshore
17
area (whether inside or outside the licence area or a
18
vacated area) caused by any person engaged or
19
concerned in the activities authorised by the licence; or
20
(b) to do, until a time specified in the direction, any or all of the
21
following in relation to a vacated area in relation to the
22
licence:
23
(i) assess and monitor environmentally sensitive areas
24
within the area;
25
(ii) give reports to the Regulator in relation to specified
26
matters; or
27
(c) if the person holds a licence--to do any or all of the
28
following things before a time specified in the direction:
29
(i) comply with any obligation of the licence holder under
30
this Act or the licence in connection with an offshore
31
infrastructure activity;
32
(ii) if there is a management plan for the licence--carry out
33
any obligation of the licence holder under the
34
management plan;
35
Management and protection of infrastructure
Chapter 4
Directions powers
Part 2
Remedial directions
Division 3
Section 128
No. , 2021
Offshore Electricity Infrastructure Bill 2021
117
(iii) make arrangements that are satisfactory to the Minister
1
in relation to an obligation referred to in
2
subparagraph (i) or (ii); or
3
(d) if paragraph (1)(b) applies--to do any or all of the following
4
things before a time specified in the direction:
5
(i) comply with any obligation of the licence holder under
6
this Act or the licence, as the licence was in effect
7
immediately before it was cancelled or surrendered, in
8
connection with an offshore infrastructure activity;
9
(ii) if there was a management plan for the licence
10
immediately before the licence was cancelled or
11
surrendered--carry out any obligation of the licence
12
holder under the management plan;
13
(iii) make arrangements that are satisfactory to the Minister
14
in relation to an obligation referred to in
15
subparagraph (i) or (ii).
16
(3) The time specified in the direction must be reasonable.
17
(4) The person must comply with the direction.
18
Inconsistency
19
(5) If a direction under section 126 is inconsistent with a direction
20
under this section, the direction under section 126 has no effect to
21
the extent of the inconsistency.
22
128 Remedial directions--compliance
23
(1) A person contravenes this subsection if:
24
(a) the person is subject to a direction under:
25
(i) section 126 (remedial directions by the Regulator); or
26
(ii) section 127 (remedial directions by the Minister); and
27
(b) the person engages in conduct; and
28
(c) the person's conduct breaches the direction.
29
Chapter 4
Management and protection of infrastructure
Part 2
Directions powers
Division 3
Remedial directions
Section 129
118
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Fault-based offence
1
(2) A person commits an offence if the person contravenes
2
subsection (1).
3
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
4
Strict liability offence
5
(3) A person commits an offence of strict liability if the person
6
contravenes subsection (1).
7
Penalty: 100 penalty units.
8
Civil penalty provision
9
(4) A person is liable to a civil penalty if the person contravenes
10
subsection (1).
11
Civil penalty:
525 penalty units.
12
Continuing offences and continuing contraventions of civil penalty
13
provisions
14
(5) The maximum penalty for each day that an offence under
15
subsection (2) or (3) continues is 10% of the maximum penalty that
16
can be imposed in respect of that offence.
17
Note:
Subsections (2) and (3) are continuing offences under section 4K of
18
the
Crimes Act 1914
.
19
(6) The maximum civil penalty for each day that a contravention of
20
subsection (4) continues is 10% of the maximum civil penalty that
21
can be imposed in respect of that contravention.
22
Note:
Subsection (4) is a continuing civil penalty provision under section 93
23
of the Regulatory Powers Act.
24
129 Regulator may take action if direction breached or arrangement
25
not carried out
26
(1) If:
27
(a) a direction is given to a person under section 126, and the
28
person does not comply with the direction; or
29
Management and protection of infrastructure
Chapter 4
Directions powers
Part 2
Remedial directions
Division 3
Section 129
No. , 2021
Offshore Electricity Infrastructure Bill 2021
119
(b) a person makes an arrangement, as mentioned in
1
subparagraph 126(2)(c)(iii) or (d)(iii), and does not carry out
2
the arrangement;
3
the Regulator may:
4
(c) do any or all of the things required by the direction or
5
arrangement to be done; or
6
(d) engage another person to do any or all of those things on
7
behalf of the Regulator.
8
(2) If the Regulator incurs costs or expenses in relation to the doing of
9
anything under subsection (1):
10
(a) the costs or expenses are a debt due by the person to the
11
Regulator; and
12
(b) the debt is recoverable in:
13
(i) the Federal Court; or
14
(ii) the Federal Circuit and Family Court of Australia
15
(Division 2); or
16
(iii) a court of a State or Territory that has jurisdiction in
17
relation to the matter.
18
Direction to remove property
19
(3) If any property brought into a vacated area (including before the
20
vacated area became a vacated area) by any person engaged or
21
concerned in the activities authorised by a licence has not been
22
removed in accordance with:
23
(a) a direction under section 126 in relation to the vacated area;
24
or
25
(b) an arrangement under subparagraph 126(2)(c)(iii) or (d)(iii)
26
in relation to the vacated area;
27
the Regulator may, by notifiable instrument, direct the owner or
28
owners of that property to:
29
(c) remove the property from the vacated area; or
30
(d) dispose of the property to the satisfaction of the Regulator;
31
before the time specified in the instrument.
32
Note:
For sanctions, see section 130.
33
(4) The time specified in the instrument must be reasonable.
34
Chapter 4
Management and protection of infrastructure
Part 2
Directions powers
Division 3
Remedial directions
Section 130
120
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(5) If a direction is given under subsection (3) in relation to property,
1
the Regulator must give a copy of the direction to each person
2
whom the Regulator believes to be an owner of the property or of
3
any part of the property.
4
130 Removal, disposal or sale of property by Regulator--breach of
5
direction
6
Power to remove, dispose of or sell property
7
(1) If a direction under subsection 129(3) has been breached in relation
8
to property, the Regulator may do any or all of the following
9
things:
10
(a) remove, in such manner as the Regulator thinks fit, any or all
11
of that property from the vacated area concerned;
12
(b) dispose of, in such manner as the Regulator thinks fit, any or
13
all of that property;
14
(c) if, under subsection 129(5), a person was given a copy of the
15
notice of the direction--sell, by public auction or otherwise,
16
as the Regulator thinks fit, any or all of that property that
17
belongs, or that the Regulator believes to belong, to that
18
person.
19
Deduction of costs and expenses etc. from proceeds of sale
20
(2) The Regulator may deduct, from the proceeds of a sale under
21
subsection (1) of property that belongs (or that the Regulator
22
believes to belong) to a particular person, the whole or a part of:
23
(a) any costs and expenses incurred by the Regulator under that
24
subsection in relation to that property; and
25
(b) any costs and expenses incurred by the Regulator in relation
26
to the doing of any thing required by a direction under
27
section 126 to be done by that person; and
28
(c) any fees or amounts due and payable by that person to the
29
Regulator under this Act.
30
(3) The Regulator may, on behalf of the Commonwealth, deduct, from
31
the proceeds of a sale under subsection (1) of property that belongs
32
Management and protection of infrastructure
Chapter 4
Directions powers
Part 2
Remedial directions
Division 3
Section 130
No. , 2021
Offshore Electricity Infrastructure Bill 2021
121
(or that the Regulator believes to belong) to a particular person, the
1
whole or a part of:
2
(a) any fees or amounts due and payable by that person to the
3
Commonwealth under this Act; and
4
(b) any amounts of offshore electricity infrastructure levy, of a
5
kind prescribed by regulations made for the purposes of this
6
paragraph, that are due and payable to the Commonwealth by
7
that person.
8
(4) If the Regulator, under subsection (3), deducts an amount payable
9
to the Commonwealth, the Regulator must remit that amount to the
10
Commonwealth.
11
Balance of proceeds of sale to be paid to owner of property
12
(5) The proceeds of a sale of property under subsection (1), less any
13
deductions under subsection (2) or (3), are to be paid to the owner
14
of the property.
15
Recovery of costs and expenses--removal, disposal or sale of
16
property
17
(6) If the Regulator incurs any costs or expenses under subsection (1)
18
in relation to the removal, disposal or sale of property:
19
(a) the costs or expenses are a debt due by the owner of the
20
property to the Regulator; and
21
(b) to the extent to which the costs or expenses are not deducted
22
under subsection (2)--the debt is recoverable in:
23
(i) the Federal Court; or
24
(ii) the Federal Circuit and Family Court of Australia
25
(Division 2); or
26
(iii) a court of a State or Territory that has jurisdiction in
27
relation to the matter.
28
Recovery of costs and expenses--breach of direction
29
(7) If the Regulator incurs costs or expenses in relation to the doing of
30
anything required by a direction under section 126 to be done by a
31
person who is or was the holder of a licence:
32
Chapter 4
Management and protection of infrastructure
Part 2
Directions powers
Division 3
Remedial directions
Section 131
122
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(a) the costs or expenses are a debt due by the person to the
1
Regulator; and
2
(b) to the extent to which the costs or expenses are not deducted
3
under subsection (2)--the debt is recoverable in:
4
(i) the Federal Court; or
5
(ii) the Federal Circuit and Family Court of Australia
6
(Division 2); or
7
(iii) a court of a State or Territory that has jurisdiction in
8
relation to the matter.
9
131 Removal, disposal or sale of property--limitation of action etc.
10
Limitation of action etc.
11
(1) Except as provided by subsection 130(6) or section 302, no action,
12
suit or proceeding lies in relation to the removal, disposal or sale,
13
or the purported removal, disposal or sale, of property under
14
section 130.
15
(2) Section 301 does not apply to an act or matter to the extent to
16
which subsection (1) of this section applies to the act or matter.
17
Judicial review
18
(3) This section does not affect:
19
(a) any rights conferred on a person by the
Administrative
20
Decisions (Judicial Review) Act 1977
to apply to a court in
21
relation to:
22
(i) a decision; or
23
(ii) conduct engaged in for the purpose of making a
24
decision; or
25
(iii) a failure to make a decision; or
26
(b) any other rights that a person has to seek a review by a court
27
or tribunal in relation to:
28
(i) a decision; or
29
(ii) conduct engaged in for the purpose of making a
30
decision; or
31
(iii) a failure to make a decision.
32
Management and protection of infrastructure
Chapter 4
Directions powers
Part 2
Remedial directions
Division 3
Section 132
No. , 2021
Offshore Electricity Infrastructure Bill 2021
123
(4) An expression used in subsection (3) has the same meaning as in
1
section 10 of the
Administrative Decisions (Judicial Review) Act
2
1977
.
3
132 Minister may take action if direction breached or arrangement
4
not carried out
5
(1) If:
6
(a) a direction is given to a person under section 127, and the
7
person does not comply with the direction; or
8
(b) a person makes an arrangement, as mentioned in
9
subparagraph 127(2)(c)(iii) or (d)(iii), and does not carry out
10
the arrangement;
11
the Minister may:
12
(c) do any or all of the things required by the direction or
13
arrangement to be done; or
14
(d) engage another person to do any or all of those things on
15
behalf of the Minister.
16
(2) If the Commonwealth incurs costs or expenses in relation to the
17
doing of anything under subsection (1):
18
(a) the costs or expenses are a debt due by the person to the
19
Commonwealth; and
20
(b) the debt is recoverable in:
21
(i) the Federal Court; or
22
(ii) the Federal Circuit and Family Court of Australia
23
(Division 2); or
24
(iii) a court of a State or Territory that has jurisdiction in
25
relation to the matter.
26
Chapter 4
Management and protection of infrastructure
Part 2
Directions powers
Division 4
Defence of taking reasonable steps to comply with a direction
Section 133
124
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 4--Defence of taking reasonable steps to comply
1
with a direction
2
133 Defence of taking reasonable steps to comply with a direction
3
(1) It is a defence in a prosecution for an offence, or in proceedings for
4
a civil penalty order, for a breach of a direction covered by
5
subsection (2) if the defendant proves that the defendant took all
6
reasonable steps to comply with the direction.
7
Note:
A defendant bears a legal burden in relation to the matter in this
8
subsection in a prosecution for an offence (see section 13.4 of the
9
Criminal Code)
. The same applies in proceedings for a civil penalty.
10
(2) This subsection covers the following directions:
11
(a) a direction given by the Regulator under:
12
(i) Division 2 (general directions); or
13
(ii) Division 3 (remedial directions); or
14
(iii) a provision of the regulations; or
15
(b) a direction given by the Minister under Division 3 (remedial
16
directions).
17
Management and protection of infrastructure
Chapter 4
Protection of infrastructure
Part 3
Introduction
Division 1
Section 134
No. , 2021
Offshore Electricity Infrastructure Bill 2021
125
Part 3--Protection of infrastructure
1
Division 1--Introduction
2
134 Simplified outline of this Part
3
It is an offence for a person to interfere with infrastructure and
4
other things in the Commonwealth offshore area.
5
Under Division 3, the Regulator may determine safety zones
6
around certain infrastructure in the Commonwealth offshore area.
7
A safety zone is an area around the infrastructure that must not be
8
entered by vessels, or by particular kinds of vessel.
9
Under Division 4, the Regulator may determine protection zones in
10
the Commonwealth offshore area. Certain activities posing a risk to
11
safety or a risk of damage to infrastructure may be restricted or
12
prohibited in a protection zone.
13
Chapter 4
Management and protection of infrastructure
Part 3
Protection of infrastructure
Division 2
Offence of interfering with infrastructure
Section 135
126
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 2--Offence of interfering with infrastructure
1
135 Interfering with infrastructure
2
(1) A person commits an offence if:
3
(a) the person engages in conduct; and
4
(b) the person's conduct results in:
5
(i) damage to, or interference with, offshore renewable
6
energy infrastructure or offshore electricity transmission
7
infrastructure in the Commonwealth offshore area; or
8
(ii) damage to, or interference with, any structure or vessel
9
that is in the Commonwealth offshore area and that is,
10
or is to be, used in connection with offshore
11
infrastructure activities; or
12
(iii) damage to, or interference with, any equipment on, or
13
attached to, such a structure or vessel; or
14
(iv) interference with any operations or activities being
15
carried out, or any works being executed, on, by means
16
of, or in connection with, such a structure or vessel.
17
Penalty: Imprisonment for 10 years.
18
(2) In this section:
19
structure
means any fixed, moveable or floating structure or
20
installation.
21
Management and protection of infrastructure
Chapter 4
Protection of infrastructure
Part 3
Safety zones
Division 3
Section 136
No. , 2021
Offshore Electricity Infrastructure Bill 2021
127
Division 3--Safety zones
1
Subdivision A--Safety zones
2
136 Safety zones
3
Eligible safety zone infrastructure
4
(1) In this section:
5
eligible safety zone infrastructure
means any of the following in
6
the Commonwealth offshore area:
7
(a) offshore renewable energy infrastructure (other than a cable
8
that rests on the seabed);
9
(b) offshore electricity transmission infrastructure (other than a
10
cable that rests on the seabed);
11
(c) a cable that rests on the seabed and that:
12
(i) is offshore renewable energy infrastructure or offshore
13
electricity transmission infrastructure; and
14
(ii) connects 2 or more pieces of offshore renewable energy
15
infrastructure that are all within the same licence area;
16
and
17
(iii) meets any requirements in relation to the length of the
18
cable or the distance between points connected by the
19
cable that are prescribed by the regulations for the
20
purposes of this subparagraph.
21
Note:
A cable that transmits electricity from offshore renewable energy
22
infrastructure to the shore, or between the shore and a place outside
23
the Commonwealth offshore area, or between different licence areas,
24
is not eligible safety zone infrastructure.
25
Determination
26
(2) For the purpose of protecting eligible safety zone infrastructure, the
27
Regulator may, by notifiable instrument, determine that a specified
28
area surrounding the eligible safety zone infrastructure is a
safety
29
zone
.
30
(3) The determination must state that:
31
Chapter 4
Management and protection of infrastructure
Part 3
Protection of infrastructure
Division 3
Safety zones
Section 137
128
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(a) all vessels; or
1
(b) all vessels other than specified vessels; or
2
(c) all vessels other than the vessels included in specified classes
3
of vessels;
4
are prohibited from entering or being present in the safety zone
5
without the written consent of the Regulator.
6
(4) The determination must also include any other information
7
prescribed by the regulations.
8
(5) A safety zone specified in a determination under subsection (2):
9
(a) may, subject to paragraph (b) of this subsection, extend to a
10
distance of 500 metres around the eligible safety zone
11
infrastructure specified in the determination, where that
12
distance is measured from each point of the outer edge of the
13
infrastructure; and
14
(b) must be entirely within the Commonwealth offshore area.
15
137 Determination on Regulator's initiative or in response to
16
application
17
(1) A determination of a safety zone under subsection 136(2) may be
18
made:
19
(a) on the Regulator's own initiative; or
20
(b) on the application of a person under regulations made for the
21
purposes of subsection (2) of this section.
22
(2) The regulations may prescribe procedures for:
23
(a) a person to apply for the Regulator to determine a safety
24
zone; and
25
(b) the Regulator to consider the application; and
26
(c) the Regulator to require further information in relation to the
27
application; and
28
(d) the Regulator to make, or refuse to make, a determination
29
under subsection 136(2) in relation to the application.
30
Management and protection of infrastructure
Chapter 4
Protection of infrastructure
Part 3
Safety zones
Division 3
Section 138
No. , 2021
Offshore Electricity Infrastructure Bill 2021
129
138 When a determination takes effect
1
(1) A determination of a safety zone takes effect at the time specified
2
in the determination.
3
(2) If a determination relates only to offshore renewable energy
4
infrastructure or offshore electricity transmission infrastructure that
5
is not yet installed, the Regulator must not specify a time before
6
the time that the Regulator is satisfied that installation of the
7
infrastructure will begin.
8
139 Offences of entering or being present in a safety zone
9
Offence--intentional breach
10
(1) A person commits an offence if:
11
(a) the person is the owner or master of a vessel; and
12
(b) the vessel is subject to a determination under
13
subsection 136(2); and
14
(c) in breach of the determination, the vessel enters or is present
15
in the safety zone specified in the determination.
16
Penalty: Imprisonment for 15 years.
17
(2) The fault element for paragraph (1)(c) is intention.
18
Offence--reckless breach
19
(3) A person commits an offence if:
20
(a) the person is the owner or master of a vessel; and
21
(b) the vessel is subject to a determination under
22
subsection 136(2); and
23
(c) in breach of the determination, the vessel enters or is present
24
in the safety zone specified in the determination.
25
Penalty: Imprisonment for 12.5 years.
26
(4) The fault element for paragraph (3)(c) is recklessness.
27
Chapter 4
Management and protection of infrastructure
Part 3
Protection of infrastructure
Division 3
Safety zones
Section 139
130
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Offence--negligent breach
1
(5) A person commits an offence if:
2
(a) the person is the owner or master of a vessel; and
3
(b) the vessel is subject to a determination under
4
subsection 136(2); and
5
(c) in breach of the determination, the vessel enters or is present
6
in the safety zone specified in the determination.
7
Penalty: Imprisonment for 10 years.
8
(6) The fault element for paragraph (5)(c) is negligence.
9
Offence--strict liability
10
(7) A person commits an offence of strict liability if:
11
(a) the person is the owner or master of a vessel; and
12
(b) the vessel is subject to a determination under
13
subsection 136(2); and
14
(c) in breach of the determination, the vessel enters or is present
15
in the safety zone specified in the determination.
16
Penalty: Imprisonment for 5 years.
17
Defence
18
(8) In a prosecution for an offence against subsection (1), (3), (5) or
19
(7), it is a defence if the defendant proves that:
20
(a) an unforeseen emergency rendered it necessary for the vessel
21
to enter or be present in the safety zone in order to attempt to
22
secure the safety of:
23
(i) the vessel; or
24
(ii) another vessel; or
25
(iii) offshore renewable energy infrastructure or offshore
26
electricity transmission infrastructure; or
27
(iv) any other structure or equipment; or
28
(v) human life; or
29
Management and protection of infrastructure
Chapter 4
Protection of infrastructure
Part 3
Safety zones
Division 3
Section 140
No. , 2021
Offshore Electricity Infrastructure Bill 2021
131
(b) an unforeseen emergency rendered it necessary for the vessel
1
to enter or be present in the safety zone in order to prevent
2
pollution; or
3
(c) the vessel entered or was present in the safety zone in
4
circumstances not under the control of the person who was in
5
charge of the navigational watch of the vessel.
6
Note:
A defendant bears a legal burden in relation to the matters in
7
subsection (8) (see section 13.4 of the
Criminal Code
).
8
Subdivision B--Authorised safety zone officials and powers in
9
relation to safety zones
10
140 Authorised safety zone officials
11
(1) For the purposes of this Act, an
authorised safety zone official
is:
12
(a) a member or special member of the Australian Federal
13
Police; or
14
(b) a member of the Defence Force; or
15
(c) an officer of Customs within the meaning of the
Customs Act
16
1901
; or
17
(d) a person who is an authorised safety zone official because of
18
a determination under subsection (2).
19
(2) The Regulator may, by notifiable instrument, determine that a
20
person, or a person included in a specified class of persons, is an
21
authorised safety zone official
for the purposes of this Act.
22
State and Territory officials
23
(3) An employee of a State or Territory must not be determine to be an
24
authorised safety zone official under subsection (2) without the
25
agreement of the State or Territory.
26
141 Requirement to move vessel etc.
27
(1) An authorised safety zone official may:
28
(a) require the master of a vessel that satisfies the following
29
conditions:
30
(i) the vessel is in a safety zone;
31
Chapter 4
Management and protection of infrastructure
Part 3
Protection of infrastructure
Division 3
Safety zones
Section 141
132
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(ii) the vessel is not specified under paragraph 136(3)(b) in
1
the determination of the safety zone;
2
(iii) the vessel is not in a class of vessels specified under
3
paragraph 136(3)(c) in the determination of the safety
4
zone;
5
(iv) no written consent of the Regulator is in force under
6
subsection 136(3) in relation to the safety zone and the
7
vessel;
8
to take the vessel outside the safety zone; or
9
(b) require the master of a disabled vessel that satisfies any of
10
the following conditions:
11
(i) the vessel is in a safety zone;
12
(ii) the authorised safety zone official reasonably believes
13
that the vessel is likely to cause damage to any offshore
14
renewable energy infrastructure, offshore electricity
15
transmission infrastructure, structure or equipment in a
16
safety zone;
17
to permit the vessel to be towed away from the safety zone,
18
or to accept the giving of such other assistance to the vessel
19
as the authorised safety zone official considers necessary.
20
(2) A person contravenes this subsection if:
21
(a) the person is subject to a requirement under subsection (1);
22
and
23
(b) the person engages in conduct; and
24
(c) the person's conduct breaches the requirement.
25
(3) A person contravenes this subsection if:
26
(a) the person engages in conduct; and
27
(b) the conduct obstructs or hinders an authorised safety zone
28
official who is acting under subsection (1).
29
Fault-based offences
30
(4) A person commits an offence if the person contravenes
31
subsection (2).
32
Penalty: 50 penalty units.
33
Management and protection of infrastructure
Chapter 4
Protection of infrastructure
Part 3
Safety zones
Division 3
Section 141
No. , 2021
Offshore Electricity Infrastructure Bill 2021
133
(5) A person commits an offence if the person contravenes
1
subsection (3).
2
Note:
The same conduct may be an offence against both subsection (5) of
3
this section and section 149.1 of the
Criminal Code
.
4
Penalty: 50 penalty units.
5
Civil penalty provisions
6
(6) A person is liable to a civil penalty if the person contravenes
7
subsection (2).
8
Civil penalty:
350 penalty units.
9
(7) A person is liable to a civil penalty if the person contravenes
10
subsection (3).
11
Civil penalty:
350 penalty units.
12
Chapter 4
Management and protection of infrastructure
Part 3
Protection of infrastructure
Division 4
Protection zones
Section 142
134
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 4--Protection zones
1
Subdivision A--Determinations
2
142 Regulator may determine a protection zone
3
(1) The Regulator may, by legislative instrument, determine that a
4
specified area in the Commonwealth offshore area is a
protection
5
zone
in relation to offshore renewable energy infrastructure or
6
offshore electricity transmission infrastructure that is, or is
7
proposed to be, installed in the area under a specified licence.
8
(2) The Regulator may make a determination under subsection (1)
9
only if the Regulator is satisfied that:
10
(a) either:
11
(i) there is a risk to human safety, or to offshore renewable
12
energy infrastructure or offshore electricity transmission
13
infrastructure, in the protection zone; or
14
(ii) there would be such a risk if offshore infrastructure
15
activities were carried out in the protection zone in
16
accordance with a management plan that the Regulator
17
has approved under the licensing scheme; and
18
(b) the determination would avoid or reduce that risk.
19
(3) A determination of a protection zone must:
20
(a) identify the area covered by the protection zone, which must
21
be determined in accordance with regulations made for the
22
purposes of this paragraph; and
23
(b) include any other information prescribed by the regulations.
24
(4) A determination of a protection zone may:
25
(a) set out, in accordance with section 144, the activities that are
26
prohibited in the protection zone; and
27
(b) set out, in accordance with section 145, the restrictions that
28
apply to specified activities in the protection zone.
29
Management and protection of infrastructure
Chapter 4
Protection of infrastructure
Part 3
Protection zones
Division 4
Section 143
No. , 2021
Offshore Electricity Infrastructure Bill 2021
135
143 Determination on Regulator's initiative or in response to
1
application
2
(1) A determination of a protection zone may be made:
3
(a) on the Regulator's own initiative; or
4
(b) on the application of a person under regulations made for the
5
purposes of subsection (2).
6
(2) The regulations may prescribe procedures for:
7
(a) a person to apply for the Regulator to determine a protection
8
zone; and
9
(b) the Regulator to consider the application; and
10
(c) the Regulator to require further information in relation to the
11
application; and
12
(d) the Regulator to make, or refuse to make, a determination
13
under section 142 in relation to the application.
14
144 Prohibited activities
15
(1) For the purposes of paragraph 142(4)(a), the activities that may be
16
prohibited in a protection zone are:
17
(a) any activity that involves a serious risk to human safety; or
18
(b) any activity that involves a serious risk of damaging offshore
19
renewable energy infrastructure or offshore electricity
20
transmission infrastructure; or
21
(c) an activity specified in the regulations.
22
(2) The regulations may prescribe activities that may not be prohibited
23
in a protection zone for the purposes of paragraph 142(4)(a).
24
145 Restricted activities
25
(1) For the purposes of paragraph 142(4)(b), the activities on which
26
restrictions may be imposed in a protection zone are:
27
(a) any activity that involves a serious risk to human safety; or
28
(b) any activity that involves a serious risk of damaging offshore
29
renewable energy infrastructure or offshore electricity
30
transmission infrastructure; or
31
Chapter 4
Management and protection of infrastructure
Part 3
Protection of infrastructure
Division 4
Protection zones
Section 146
136
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(c) an activity specified in the regulations.
1
(2) The regulations may prescribe activities on which restrictions may
2
not be imposed in a protection zone for the purposes of
3
paragraph 142(4)(b).
4
146 When a determination takes effect
5
(1) A determination of a protection zone takes effect at the time
6
specified by the Regulator.
7
(2) If a determination relates only to offshore renewable energy
8
infrastructure or offshore electricity transmission infrastructure that
9
is not yet installed, the Regulator must not specify a time before
10
the time that the Regulator is satisfied that installation of the
11
infrastructure will begin.
12
147 Determination continues in effect even if infrastructure ceases to
13
operate
14
(1) A determination of a protection zone continues in effect until it is
15
revoked.
16
Note 1:
For revocation, see subsection 33(3) of the
Acts Interpretation Act
17
1901
.
18
Note 2:
The determination may also be repealed under Part 4 of Chapter 3
19
(sunsetting) of the
Legislation Act 2003
.
20
(2) To avoid doubt, a determination continues in effect even if the
21
offshore renewable energy infrastructure or offshore electricity
22
transmission infrastructure in the protection zone has ceased to
23
operate.
24
Subdivision B--Offences in relation to protection zones
25
148 Engaging in prohibited or restricted activities
26
A person commits an offence if:
27
(a) the person engages in conduct; and
28
(b) the conduct occurs in a protection zone; and
29
(c) the conduct:
30
Management and protection of infrastructure
Chapter 4
Protection of infrastructure
Part 3
Protection zones
Division 4
Section 149
No. , 2021
Offshore Electricity Infrastructure Bill 2021
137
(i) is prohibited in the protection zone; or
1
(ii) contravenes a restriction imposed on an activity in the
2
protection zone; and
3
(d) the conduct is not engaged in by a licence holder, or a person
4
acting on behalf of a licence holder, in accordance with the
5
licence or the management plan (if any) for the licence.
6
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
7
149 Defences to offence of engaging in prohibited or restricted
8
activities
9
Section 148 does not apply if:
10
(a) the conduct was necessary to save a life or vessel; or
11
(b) the conduct was necessary to prevent pollution; or
12
(c) the defendant took all reasonable steps to avoid engaging in
13
the conduct.
14
Note:
A defendant bears an evidential burden in relation to the matter in this
15
section (see subsection 13.3(3) of the
Criminal Code
).
16
150 Master or owner of vessel used in offence of engaging in
17
prohibited or restricted activities
18
(1) A person (the
first person
) commits an offence if:
19
(a) the first person is the owner or master of a vessel; and
20
(b) the first person permits another person to use the vessel; and
21
(c) the other person commits an offence against section 148; and
22
(d) the vessel is used in the commission of the offence and the
23
first person is reckless as to that fact.
24
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
25
(2) Strict liability applies to paragraph (1)(c).
26
Chapter 4
Management and protection of infrastructure
Part 3
Protection of infrastructure
Division 4
Protection zones
Section 151
138
Offshore Electricity Infrastructure Bill 2021
No. , 2021
151 Foreign nationals and foreign vessels
1
Foreign nationals--no involvement of vessel
2
(1) This Subdivision does not apply to anything done, or omitted to be
3
done, if:
4
(a) the thing is done, or omitted to be done, by a foreign
5
national; and
6
(b) the thing is done, or omitted to be done, in, on, or beneath the
7
seabed that lies beneath the waters of the exclusive economic
8
zone of Australia; and
9
(c) the thing done, or omitted to be done, does not involve a
10
vessel;
11
unless the thing done, or omitted to be done, touches, concerns,
12
arises out of or is connected with:
13
(d) the exploration of the continental shelf of Australia; or
14
(e) the exploitation of the resources of the continental shelf of
15
Australia (including the exploitation of the resources of the
16
waters of the exclusive economic zone); or
17
(f) the operations of artificial islands, installations or structures
18
that are under Australia's jurisdiction.
19
Foreign nationals--involvement of foreign vessel
20
(2) This Subdivision does not apply to anything done, or omitted to be
21
done, if:
22
(a) the thing is done, or omitted to be done, by a foreign
23
national; and
24
(b) the thing is done, or omitted to be done, in the waters of the
25
exclusive economic zone of Australia; and
26
(c) the thing done, or omitted to be done, involves a foreign
27
vessel;
28
unless the thing done, or omitted to be done, touches, concerns,
29
arises out of or is connected with:
30
(d) the exploration of the continental shelf of Australia; or
31
(e) the exploitation of the resources of the continental shelf of
32
Australia (including the exploitation of the resources of the
33
waters of the exclusive economic zone); or
34
Management and protection of infrastructure
Chapter 4
Protection of infrastructure
Part 3
Protection zones
Division 4
Section 151
No. , 2021
Offshore Electricity Infrastructure Bill 2021
139
(f) the operations of artificial islands, installations or structures
1
that are under Australia's jurisdiction.
2
Chapter 5
Administration
Part 1
Offshore Infrastructure Registrar
Division 1
Introduction
Section 152
140
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Chapter 5--Administration
1
Part 1--Offshore Infrastructure Registrar
2
Division 1--Introduction
3
152 Simplified outline of this Part
4
The Offshore Infrastructure Registrar is an employee in the
5
Department responsible for keeping the Register of Offshore
6
Infrastructure Licences and for various other administrative tasks.
7
The Register holds records of licences and events affecting
8
licences.
9
Division 4 establishes the Offshore Infrastructure Registrar Special
10
Account.
11
Administration
Chapter 5
Offshore Infrastructure Registrar
Part 1
Offshore Infrastructure Registrar
Division 2
Section 153
No. , 2021
Offshore Electricity Infrastructure Bill 2021
141
Division 2--Offshore Infrastructure Registrar
1
153 Offshore Infrastructure Registrar
2
(1) There is to be an Offshore Infrastructure Registrar.
3
Note:
The Offshore Infrastructure Registrar is referred to in this Act as the
4
Registrar (see the definition of
Registrar
in section 8).
5
(2) The Offshore Infrastructure Registrar is to be a person who is:
6
(a) an SES employee in the Department; and
7
(b) appointed in a written instrument made by the Secretary.
8
National Offshore Petroleum Titles Administrator may be
9
appointed
10
(3) The Secretary may, under paragraph (2)(b), appoint the National
11
Offshore Petroleum Titles Administrator to be the Offshore
12
Infrastructure Registrar.
13
Note:
The office of National Offshore Petroleum Titles Administrator is
14
established by section 695A of the
Offshore Petroleum and
15
Greenhouse Gas Storage Act 2006
.
16
(4) If the Secretary does so:
17
(a) a reference in the
Offshore Petroleum and Greenhouse Gas
18
Storage Act 2006
to the functions or powers of the National
19
Offshore Petroleum Titles Administrator does not include the
20
functions or powers of the Offshore Infrastructure Registrar;
21
and
22
(b) a reference in this Act to the functions or powers of the
23
Offshore Infrastructure Registrar does not include the
24
functions or powers of the National Offshore Petroleum
25
Titles Administrator.
26
154 Functions of the Registrar
27
The Registrar has the following functions:
28
(a) to provide information, assessments, analysis, reports, advice
29
and recommendations to the Minister in relation to the
30
Chapter 5
Administration
Part 1
Offshore Infrastructure Registrar
Division 2
Offshore Infrastructure Registrar
Section 155
142
Offshore Electricity Infrastructure Bill 2021
No. , 2021
performance of the Minister's functions or the exercise of the
1
Minister's powers under this Act;
2
(b) to cooperate with the Regulator in matters relating to the
3
administration and enforcement of this Act and the applied
4
work health and safety provisions;
5
(c) to cooperate with other Commonwealth agencies and
6
authorities having functions relating to the regulation of
7
offshore infrastructure activities;
8
(d) such other functions as are conferred on the Registrar by or
9
under this Act;
10
(e) to do anything incidental to or conducive to the performance
11
of any of the above functions.
12
155 Powers of the Registrar
13
The Registrar has the power to do all things necessary or
14
convenient to be done for or in connection with the performance of
15
the Registrar's functions.
16
156 Delegation by the Registrar
17
(1) The Registrar may, in writing, delegate all or any of the Registrar's
18
functions or powers to:
19
(a) an SES employee, or acting SES employee, in the
20
Department; or
21
(b) an APS employee who holds or performs the duties of an
22
Executive Level 2 position, or an equivalent or higher
23
position, in the Department; or
24
(c) a person prescribed by the regulations.
25
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
26
provisions relating to delegations.
27
(2) In performing a delegated function or exercising a delegated
28
power, the delegate must comply with any written directions of the
29
Registrar.
30
(3) Subsection (1) does not apply to a power to make, vary or revoke a
31
legislative instrument.
32
Administration
Chapter 5
Offshore Infrastructure Registrar
Part 1
Offshore Infrastructure Registrar
Division 2
Section 157
No. , 2021
Offshore Electricity Infrastructure Bill 2021
143
157 Consultants
1
(1) The Registrar may, on behalf of the Commonwealth, engage
2
consultants to assist in the performance of the Registrar's
3
functions.
4
(2) The consultants are to be engaged on the terms and conditions that
5
the Registrar determines in writing.
6
158 Registrar to be assisted by APS employees in the Department
7
The Registrar is to be assisted by APS employees in the
8
Department who are made available for the purpose by the
9
Secretary.
10
159 Annual report
11
The Registrar must, as soon as practicable after the end of each
12
financial year, prepare and give to the Minister, for presentation to
13
the Parliament, a report on the Registrar's activities under this Act
14
during that year.
15
160 Reviews of activities of Registrar
16
(1) The Minister must cause to be conducted reviews of the activities
17
of the Registrar.
18
Report
19
(2) The Minister must cause to be prepared a report of a review under
20
subsection (1).
21
(3) The Minister must cause copies of a report under subsection (2) to
22
be tabled in each House of the Parliament within 15 sitting days of
23
that House after the report is made available to the Minister.
24
First review
25
(4) The first review:
26
(a) is to relate to the 3-year period beginning on the
27
commencement of this section; and
28
Chapter 5
Administration
Part 1
Offshore Infrastructure Registrar
Division 2
Offshore Infrastructure Registrar
Section 161
144
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(b) is to be completed, and the report under subsection (2) given
1
to the Minister, within 6 months, or such longer period as the
2
Minister allows, after the end of that 3-year period.
3
Subsequent reviews
4
(5) Subsequent reviews:
5
(a) are to relate to successive 5-year periods; and
6
(b) are to be completed, and the report under subsection (2)
7
given to the Minister, within 6 months, or such longer period
8
as the Minister allows, after the end of the 5-year period to
9
which each review relates.
10
161 Judicial notice of signature of the Registrar
11
(1) All courts must take judicial notice of:
12
(a) the signature of a person who is, or has been:
13
(i) the Registrar; or
14
(ii) a delegate of the Registrar; and
15
(b) the fact that the person is, or was at a particular time:
16
(i) the Registrar; or
17
(ii) a delegate of the Registrar.
18
(2) In this section:
19
court
includes a person authorised to receive evidence:
20
(a) by a law of the Commonwealth, a State or a Territory; or
21
(b) by consent of parties.
22
Administration
Chapter 5
Offshore Infrastructure Registrar
Part 1
The Register of Offshore Infrastructure Licences
Division 3
Section 162
No. , 2021
Offshore Electricity Infrastructure Bill 2021
145
Division 3--The Register of Offshore Infrastructure
1
Licences
2
162 Register to be kept
3
(1) The Registrar must keep a Register of Offshore Infrastructure
4
Licences for the purposes of this Act.
5
Note:
The Register of Offshore Infrastructure Licences is referred to in this
6
Act as the Register (see the definition of
Register
in section 8).
7
(2) The Register is to be made available for public inspection on the
8
internet.
9
(3) The Register is not a legislative instrument.
10
163 Records to be made in Register
11
(1) The Registrar must enter a record in the Register for each licence
12
granted under this Act.
13
(2) A record for a licence must include the information set out in the
14
following table.
15
16
Information to be included in a record
Item
Information
1
The following details of the licence holder:
(a) name;
(b) if the licence holder has an ACN (within the meaning of the
Corporations Act 2001
)--the ACN;
(c) if the licence holder has an ARBN (within the meaning of the
Corporations Act 2001
)--the ARBN
2
Whether the licence is:
(a) a feasibility licence; or
(b) a commercial licence; or
(c) a research and demonstration licence; or
(d) a transmission and infrastructure licence
3
Details of the licence area (which may include a map)
Chapter 5
Administration
Part 1
Offshore Infrastructure Registrar
Division 3
The Register of Offshore Infrastructure Licences
Section 164
146
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Information to be included in a record
Item
Information
4
The day on which the licence was granted
5
The day on which the licence comes into force
6
The end day of the licence or, if there are different end days for different
parts of the licence area, each such end day and details of each such part of
the licence area (which may include a map)
7
The conditions that apply to the licence
8
Any other matters that the Registrar thinks appropriate
9
Any other matters prescribed by the regulations
1
164 Entry in Register--events affecting a licence
2
(1) If an event specified in the following table occurs in relation to a
3
licence, the Registrar must include a record of the event in the
4
record for the licence.
5
6
Events affecting a licence
Item
Event
1
The licence is varied
2
The licence is transferred
3
The name of the licence holder changes
4
The Registrar is required by subsection 43(6) to include a notice under
subsection 43(2) (requirements relating to applications for commercial
licences) in the Register in relation to the licence
5
The Registrar is required by subsection 94(1) (change in control of licence
holder) to make a notation in the Register in relation to the licence
6
The licence reaches the end day in respect of the whole or a part of the
licence area
7
The end day of the licence is extended in respect of the whole or a part of
the licence area
8
The licence is surrendered in respect of the whole or a part of the licence
area
9
The licence is cancelled
Administration
Chapter 5
Offshore Infrastructure Registrar
Part 1
The Register of Offshore Infrastructure Licences
Division 3
Section 165
No. , 2021
Offshore Electricity Infrastructure Bill 2021
147
1
(2) The regulations may prescribe details that must be included in a
2
record included in the Register under subsection (1).
3
(3) The record for a licence is to remain on the Register even if the
4
licence has been surrendered or cancelled, or has otherwise ceased
5
to be in effect.
6
165 Other instruments or notices to be included in register
7
The regulations may require copies of specified kinds of notices or
8
instruments affecting a licence or a licence holder to be included in
9
the record for the licence.
10
166 Notation in Register--applicable datum
11
The Registrar may make a notation in the Register about the
12
applicable datum for a licence, notice or instrument.
13
Note:
See section 9 (datum provisions).
14
167 Material that must not be included in a record for a licence
15
The regulations may prescribe information that must not be
16
included in a record for a licence, despite anything in this Division.
17
168 Notification requirements--licence holder
18
(1) A licence holder must give the Registrar written notice of a change
19
in any of the following before the end of 30 days after the change
20
occurs:
21
(a) a detail mentioned in item 1 of the table in subsection 163(2);
22
(b) the address of:
23
(i) if the licence holder has a registered office (within the
24
meaning of the
Corporations Act 2001
)--the registered
25
office; or
26
(ii) otherwise--the head office or principal office of the
27
licence holder;
28
(c) the licence holder's telephone number;
29
Chapter 5
Administration
Part 1
Offshore Infrastructure Registrar
Division 3
The Register of Offshore Infrastructure Licences
Section 169
148
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(d) if the licence holder has a fax number--the fax number;
1
(e) the licence holder's email address.
2
Strict liability offence
3
(2) A person commits an offence of strict liability if the person
4
contravenes subsection (1).
5
Penalty: 50 penalty units.
6
Civil penalty provision
7
(3) A person is liable to a civil penalty if the person contravenes
8
subsection (1).
9
Civil penalty:
90 penalty units.
10
Continuing offences and continuing contraventions of civil penalty
11
provisions
12
(4) The maximum penalty for each day that an offence under
13
subsection (2) continues is 10% of the maximum penalty that can
14
be imposed in respect of that offence.
15
Note:
Subsection (2) is a continuing offence under section 4K of the
Crimes
16
Act 1914
.
17
(5) The maximum civil penalty for each day that a contravention of
18
subsection (3) continues is 10% of the maximum civil penalty that
19
can be imposed in respect of that contravention.
20
Note:
Subsection (3) is a continuing civil penalty provision under section 93
21
of the Regulatory Powers Act.
22
169 Evidentiary provisions
23
Register
24
(1) The Register is to be received in all courts and proceedings as
25
prima facie evidence of all matters required or authorised by this
26
Act to be entered in the Register.
27
Administration
Chapter 5
Offshore Infrastructure Registrar
Part 1
The Register of Offshore Infrastructure Licences
Division 3
Section 170
No. , 2021
Offshore Electricity Infrastructure Bill 2021
149
Certified copies and extracts
1
(2) The Registrar may supply to a person:
2
(a) a copy of or extract from a record in the Register; or
3
(b) a copy of or extract from any instrument lodged with the
4
Registrar under this Act;
5
certified by the Registrar to be a true copy or true extract, as the
6
case may be.
7
(3) The certified copy or extract is admissible in evidence in all courts
8
and proceedings without further proof or production of the original.
9
170 Corrections of clerical errors or obvious defects
10
The Registrar may alter the Register for the purposes of correcting
11
a clerical error or an obvious defect in the Register.
12
Chapter 5
Administration
Part 1
Offshore Infrastructure Registrar
Division 4
Offshore Infrastructure Registrar Special Account
Section 171
150
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 4--Offshore Infrastructure Registrar Special
1
Account
2
171 Offshore Infrastructure Registrar Special Account
3
(1) The Offshore Infrastructure Registrar Special Account is
4
established by this section.
5
(2) The Offshore Infrastructure Registrar Special Account is a special
6
account for the purposes of the
Public Governance, Performance
7
and Accountability Act 2013
.
8
172 Credits to the Offshore Infrastructure Registrar Special
9
Account
10
(1) There must be credited to the Offshore Infrastructure Registrar
11
Special Account amounts equal to the following:
12
(a) amounts of fees paid to the Registrar under this Act;
13
(b) amounts of offshore electricity infrastructure levy paid to the
14
Registrar;
15
(c) amounts of late payment penalty under subsection 190(3)
16
paid to the Registrar;
17
(d) amounts required to be credited to the Special Account under
18
subsection 119(3) (financial security);
19
(e) any other amounts paid to the Registrar under this Act.
20
Note:
An Appropriation Act may contain a provision to the effect that, if any
21
of the purposes of a special account is a purpose that is covered by an
22
item in the Appropriation Act (whether or not the item expressly
23
refers to the special account), then amounts may be debited against the
24
appropriation for that item and credited to that special account.
25
(2) An amount of a financial offer paid in accordance with a provision
26
of the licensing scheme made for the purposes of subsection 32(3)
27
(financial offers for feasibility licence applications) is not to be
28
credited to the Offshore Infrastructure Registrar Special Account.
29
Administration
Chapter 5
Offshore Infrastructure Registrar
Part 1
Offshore Infrastructure Registrar Special Account
Division 4
Section 173
No. , 2021
Offshore Electricity Infrastructure Bill 2021
151
173 Purposes of the Offshore Infrastructure Registrar Special
1
Account
2
The purposes of the Offshore Infrastructure Registrar Special
3
Account are as follows:
4
(a) paying or reimbursing the Commonwealth's costs associated
5
with the administration of this Act and the applied work
6
health and safety provisions;
7
(b) paying any remuneration or allowances payable to:
8
(i) the Registrar; or
9
(ii) APS employees assisting the Registrar under
10
section 158; or
11
(iii) any consultants engaged under section 157;
12
(c) paying amounts in respects of financial securities to the
13
Regulator under subsection 119(4)(b), for the purposes of
14
applying those amounts to the costs, expenses, liabilities or
15
debts referred to in that paragraph;
16
(d) refunding amounts in respects of financial securities under
17
paragraph 119(4)(c);
18
(e) refunding an amount received by the Commonwealth as
19
mentioned in section 172 and credited to the Account, to the
20
extent that the amount is required or permitted to be
21
refunded:
22
(i) by an order of a court; or
23
(ii) by or under any Act.
24
Note:
See section 80 of the
Public Governance, Performance and
25
Accountability Act 2013
(which deals with special accounts).
26
Chapter 5
Administration
Part 2
Offshore Infrastructure Regulator
Division 1
Introduction
Section 174
152
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Part 2--Offshore Infrastructure Regulator
1
Division 1--Introduction
2
174 Simplified outline of this Part
3
The Offshore Infrastructure Regulator is the National Offshore
4
Petroleum Safety and Environmental Management Authority
5
(NOPSEMA).
6
The Regulator has a range of responsibilities, including work
7
health and safety, environmental management and the
8
infrastructure integrity of offshore renewable energy infrastructure
9
and offshore electricity transmission infrastructure. The Regulator
10
is also largely responsible for the activities of OEI inspectors.
11
Administration
Chapter 5
Offshore Infrastructure Regulator
Part 2
The Regulator
Division 2
Section 175
No. , 2021
Offshore Electricity Infrastructure Bill 2021
153
Division 2--The Regulator
1
175 The Regulator
2
(1) A reference in this Act to the
Regulator
is a reference to
3
NOPSEMA.
4
Note:
See Part 6.9 (National Offshore Petroleum Safety and Environmental
5
Management Authority) of the
Offshore Petroleum and Greenhouse
6
Gas Storage Act 2006
.
7
(2) A reference in this Act or the applied work health and safety
8
provisions to the functions or powers of the Regulator does not
9
include a reference to any functions or powers of NOPSEMA other
10
than in its capacity as the Regulator.
11
Note:
For an equivalent of subsection (2) in the
Offshore Petroleum and
12
Greenhouse Gas Storage Act 2006
, see section 649A of that Act.
13
176 The CEO of the Regulator
14
(1) A reference in this Act to the
CEO
is a reference to the Chief
15
Executive Officer of NOPSEMA.
16
CEO to act on behalf of Regulator
17
(2) Anything done by the CEO in the name of the Regulator or on the
18
Regulator's behalf is taken to have been done by the Regulator.
19
177 Functions of the Regulator
20
(1) The Regulator has the following functions:
21
(a) to promote the work health and safety of persons engaged in
22
offshore infrastructure activities;
23
(b) to develop and implement effective monitoring and
24
enforcement strategies to secure compliance by persons with
25
their obligations under this Act, the applied work health and
26
safety provisions or a licence or in relation to matters related
27
to the following:
28
(i) work health and safety;
29
Chapter 5
Administration
Part 2
Offshore Infrastructure Regulator
Division 2
The Regulator
Section 177
154
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(ii) environmental management;
1
(iii) the infrastructure integrity of offshore renewable energy
2
infrastructure and offshore electricity transmission
3
infrastructure;
4
(c) to investigate accidents, occurrences and circumstances:
5
(i) that affect, or have the potential to affect, the work
6
health and safety of persons engaged in offshore
7
infrastructure activities; or
8
(ii) that involve, or may involve, deficiencies in
9
environmental management in connection with offshore
10
infrastructure activities; or
11
(iii) that involve or may involve deficiencies in the
12
infrastructure integrity of offshore renewable energy
13
infrastructure or offshore electricity transmission
14
infrastructure;
15
(d) to report, as appropriate, to the Minister on investigations
16
covered by paragraph (c);
17
(e) to advise persons, either on its own initiative or on request,
18
on matters relating to work health and safety, environmental
19
protection and infrastructure integrity in connection with
20
offshore infrastructure activities;
21
(f) to make reports, including recommendations, to the Minister
22
on issues relating to work health and safety, environmental
23
protection and infrastructure integrity in connection with
24
offshore infrastructure activities;
25
(g) to provide information, assessments, analysis, reports, advice
26
and recommendations to the Minister in relation to the
27
administration and functioning of this Act and the applied
28
work health and safety provisions;
29
(h) to cooperate with the Registrar in matters relating to the
30
administration and enforcement of this Act and the applied
31
work health and safety provisions;
32
(i) to cooperate with other Commonwealth, State or Territory
33
agencies and authorities having functions relating to the
34
regulation of offshore infrastructure activities;
35
(j) the functions conferred on the Regulator by the applied work
36
health and safety provisions;
37
Administration
Chapter 5
Offshore Infrastructure Regulator
Part 2
The Regulator
Division 2
Section 178
No. , 2021
Offshore Electricity Infrastructure Bill 2021
155
(k) such other functions as are conferred on the Regulator by or
1
under this Act;
2
(l) to do anything incidental to or conducive to the performance
3
of any of the above functions.
4
(2) The functions of the Regulator may be performed within or outside
5
Australia.
6
178 Powers of the Regulator
7
(1) Subject to this Act, the Regulator has the power to do all things
8
necessary or convenient to be done for or in connection with the
9
performance of its functions.
10
(2) Without limiting subsection (1), the Regulator has all the powers
11
and functions that an OEI inspector has under this Act or the
12
applied work health and safety provisions.
13
(3) The powers of the Regulator may be exercised within or outside
14
Australia.
15
179 Delegation by the Regulator
16
(1) The Regulator may, in writing, delegate all or any of the
17
Regulator's functions or powers under this Act to:
18
(a) a member of the staff of the Regulator; or
19
(b) an APS employee who holds or performs the duties of an
20
Executive Level 2 position, or an equivalent or higher
21
position, in the Department; or
22
(c) a person prescribed by the regulations.
23
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
24
provisions relating to delegations.
25
(2) In performing a delegated function or exercising a delegated
26
power, the delegate must comply with any written directions of the
27
Regulator.
28
(3) Subsection (1) does not apply to a power to make, vary or revoke a
29
legislative instrument.
30
Chapter 5
Administration
Part 2
Offshore Infrastructure Regulator
Division 2
The Regulator
Section 180
156
Offshore Electricity Infrastructure Bill 2021
No. , 2021
180 Consultants and persons seconded to the Regulator
1
(1) The CEO may engage consultants to perform services for the
2
Regulator in connection with the performance of any of its
3
functions or the exercise of any of its powers.
4
(2) The Regulator may also be assisted:
5
(a) by officers and employees of Agencies (within the meaning
6
of the
Public Service Act 1999
), and of authorities of the
7
Commonwealth; or
8
(b) by officers and employees of a State, the Australian Capital
9
Territory or the Northern Territory, or of an agency or
10
authority of a State, the Australian Capital Territory or the
11
Northern Territory;
12
whose services are made available to the Regulator in connection
13
with the performance of any of its functions or the exercise of any
14
of its powers.
15
181 Minister may require Regulator to prepare reports or give
16
information
17
Reports
18
(1) The Minister may, by written notice to the Regulator, require the
19
Regulator to:
20
(a) prepare a report about one or more specified matters relating
21
to the performance of the Regulator's functions or the
22
exercise of the Regulator's powers; and
23
(b) give a copy of the report to the Minister;
24
within the period specified in the notice.
25
Information
26
(2) The Minister may, by written notice to the Regulator, require the
27
Regulator to:
28
(a) prepare a document setting out specified information relating
29
to the performance of the Regulator's functions or the
30
exercise of the Regulator's powers; and
31
(b) give a copy of the document to the Minister;
32
Administration
Chapter 5
Offshore Infrastructure Regulator
Part 2
The Regulator
Division 2
Section 182
No. , 2021
Offshore Electricity Infrastructure Bill 2021
157
within the period specified in the notice.
1
Compliance with requirement
2
(3) The Regulator must comply with a requirement under
3
subsection (1) or (2).
4
182 Minister may give directions to Regulator
5
(1) The Minister may, by legislative instrument, give written directions
6
to the Regulator about the performance of its functions under this
7
Act.
8
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
9
Legislation Act 2003
do not apply to the directions (see regulations
10
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
11
Act).
12
(2) A direction under subsection (1) must be of a general nature only.
13
(3) However, subsection (2) does not prevent the Minister from
14
directing the Regulator to investigate a particular occurrence in
15
relation to particular offshore renewable energy infrastructure or
16
offshore electricity transmission infrastructure.
17
(4) The Regulator must comply with a direction under subsection (1).
18
183 Additional functions and powers
19
States and Territories
20
(1) The Regulator may provide services, under a contract entered into
21
by the Regulator, to:
22
(a) a State, the Australian Capital Territory or the Northern
23
Territory; or
24
(b) an agency or authority of a State, the Australian Capital
25
Territory or the Northern Territory;
26
where:
27
(c) the services relate to the regulation of:
28
(i) exploring for or exploiting renewable energy resources;
29
or
30
Chapter 5
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Part 2
Offshore Infrastructure Regulator
Division 2
The Regulator
Section 183
158
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(ii) storing, transmitting or conveying electricity or a
1
renewable energy product;
2
on or in:
3
(iii) land or waters within the limits of the State or Territory;
4
or
5
(iv) the coastal waters of the State or Territory; and
6
(d) if the services are to be provided on land that is, or in waters
7
that are, within the limits of the State or Territory:
8
(i) the services relate to the regulation of activities carried
9
on by a constitutional corporation; or
10
(ii) the services relate to the regulation of vessels, structures
11
or other things that are owned or controlled, or that are
12
being constructed, operated, maintained or
13
decommissioned, by a constitutional corporation; and
14
(e) the contract is approved in writing by the Minister.
15
Foreign countries
16
(2) The Regulator may provide services, under a contract entered into
17
by the Regulator, to:
18
(a) the government of a foreign country; or
19
(b) an agency or authority of a foreign country; or
20
(c) the government of part of a foreign country; or
21
(d) an agency or authority of part of a foreign country;
22
where:
23
(e) the services relate to the regulation of:
24
(i) exploring for or exploiting renewable energy resources;
25
or
26
(ii) storing, transmitting or conveying electricity or a
27
renewable energy product;
28
outside Australia; and
29
(f) the contract is approved in writing by the Minister.
30
(3) Before giving an approval under paragraph (2)(f), the Minister
31
must consult the Foreign Affairs Minister.
32
Administration
Chapter 5
Offshore Infrastructure Regulator
Part 2
The Regulator
Division 2
Section 183
No. , 2021
Offshore Electricity Infrastructure Bill 2021
159
Provision of services not to impede other functions
1
(4) Subsections (1) and (2) do not authorise the Regulator to provide a
2
service if the provision of the service would:
3
(a) impede the Regulator's capacity to perform the Regulator's
4
other functions under this Act; or
5
(b) impede the capacity of NOPSEMA to perform any of
6
NOPSEMA's other functions (including functions under the
7
Offshore Petroleum and Greenhouse Gas Storage Act 2006
).
8
Certain governance provision do not apply
9
(5) The following provisions do not apply in relation to a power
10
conferred by subsection (1) or (2) of this section:
11
(a) the following provisions of the
Offshore Petroleum and
12
Greenhouse Gas Storage Act 2006
:
13
(i) Division 5 of Part 6.9 (corporate plans);
14
(ii) section 690 (annual reports);
15
(b) the following provisions of this Act:
16
(i) section 182 (Minister may give directions to Regulator);
17
(ii) section 184 (annual reports);
18
(iii) section 189 (fees).
19
(6) The annual report for NOPSEMA under section 46 of the
Public
20
Governance, Performance and Accountability Act 2013
for a
21
period is not required to include information about a service
22
provided under a contract mentioned in subsection (1) or (2) of this
23
section.
24
Definitions
25
(7) In this section:
26
Foreign Affairs Minister
means the Minister administering the
27
Diplomatic Privileges and Immunities Act 1967
.
28
regulation
includes investigation.
29
Chapter 5
Administration
Part 2
Offshore Infrastructure Regulator
Division 2
The Regulator
Section 184
160
Offshore Electricity Infrastructure Bill 2021
No. , 2021
184 Annual reports
1
The annual report for NOPSEMA under section 46 of the
Public
2
Governance, Performance and Accountability Act 2013
for a
3
period must include any matters prescribed by the regulations.
4
Administration
Chapter 5
Offshore Infrastructure Regulator
Part 2
Other financial matters
Division 3
Section 185
No. , 2021
Offshore Electricity Infrastructure Bill 2021
161
Division 3--Other financial matters
1
185 Money received by the Regulator
2
Money paid to the Regulator, other than by the Commonwealth, is
3
received by the Regulator for and on behalf of the Commonwealth.
4
186 Commonwealth payments to the Regulator
5
(1) The Commonwealth must pay to the Regulator:
6
(a) such money as is appropriated by the Parliament for the
7
purposes of the Regulator; and
8
(b) amounts equal to amounts of fees paid to the Regulator under
9
this Act; and
10
(c) amounts equal to amounts of offshore electricity
11
infrastructure levy paid to the Regulator; and
12
(d) amounts debited from the Offshore Infrastructure Registrar
13
Special Account under subsection 194(2) (about OEI
14
inspectors); and
15
(e) amounts equal to amounts of late payment penalty under
16
subsection 190(3) paid to the Regulator; and
17
(f) amounts equal to any other amounts paid to the Regulator
18
other than by the Commonwealth.
19
(2) Amounts payable under paragraphs (1)(b) to (f) are to be paid out
20
of the Consolidated Revenue Fund, which is appropriated
21
accordingly.
22
187 Application of money of the Regulator
23
(1) This section applies to any money of the Regulator that was paid
24
under this Act by the Commonwealth to the Regulator.
25
(2) The money is to be applied only:
26
(a) in payment or discharge of the costs, expenses and other
27
obligations incurred by the Regulator in the performance of
28
its functions and the exercise of its powers under this Act;
29
and
30
Chapter 5
Administration
Part 2
Offshore Infrastructure Regulator
Division 3
Other financial matters
Section 187
162
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(b) in payment of any remuneration or allowances payable under
1
this Act.
2
(3) Subsection (2) does not prevent investment, under section 59 of the
3
Public Governance, Performance and Accountability Act 2013
, of
4
money that is not immediately required for the purposes of the
5
Regulator.
6
Administration
Chapter 5
Fees and offshore electricity infrastructure levy
Part 3
Section 188
No. , 2021
Offshore Electricity Infrastructure Bill 2021
163
Part 3--Fees and offshore electricity infrastructure
1
levy
2
3
188 Simplified outline of this Part
4
The Commonwealth, the Regulator and the Registrar may charge
5
fees for doing things under this Act.
6
Offshore electricity infrastructure levy is payable in accordance
7
with the regulations.
8
189 Fees
9
(1) The Commonwealth, or the Regulator or Registrar on behalf of the
10
Commonwealth, may charge a fee for:
11
(a) dealing with an application made under this Act or the
12
applied work health and safety provisions; or
13
(b) performing or exercising any other function or power under
14
this Act or the applied work health and safety provisions.
15
(2) The amount of the fee is the amount:
16
(a) prescribed by the regulations; or
17
(b) worked out in accordance with a method prescribed by the
18
regulations.
19
(3) The fee must not be such as to amount to taxation.
20
(4) The fee:
21
(a) is a debt due to the Commonwealth, or the Regulator or
22
Registrar on behalf of the Commonwealth, as the case
23
requires; and
24
(b) is recoverable by the Commonwealth, or the Regulator or
25
Registrar on behalf of the Commonwealth, as the case
26
requires, in a court of competent jurisdiction.
27
(5) The regulations may provide that:
28
Chapter 5
Administration
Part 3
Fees and offshore electricity infrastructure levy
Section 190
164
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(a) an application under this Act or the applied work health and
1
safety provisions is taken to have been made only if a fee has
2
been paid in relation to the application; and
3
(b) the Minister, the Registrar or the Regulator may decline to
4
perform a function or exercise a power until a fee is paid.
5
190 Offshore electricity infrastructure levy
6
(1) An offshore electricity infrastructure levy (the
levy
) is due and
7
payable in accordance with the regulations.
8
Note:
Offshore electricity infrastructure levy is imposed by the
Offshore
9
Electricity Infrastructure (Regulatory Levies) Act 2021
. Regulations
10
under that Act may prescribe different kinds of offshore electricity
11
infrastructure levy.
12
(2) The regulations may provide for the remittal or refund of all or part
13
of an amount of levy.
14
(3) If an amount of levy payable by a person remains wholly or partly
15
unpaid after it becomes due and payable, the person is liable to pay
16
a late payment penalty under this section.
17
(4) The late payment penalty is calculated at the rate of 0.333333% per
18
day on the amount of levy remaining unpaid.
19
(5) The person to whom levy is paid may remit the whole or a part of
20
an amount of late payment penalty if the person considers that
21
there are good reasons for doing so.
22
(6) Each amount of levy, and each amount of late payment penalty
23
payable in respect of levy:
24
(a) is a debt due to the person to whom the levy is payable; and
25
(b) is recoverable by the person to whom the levy is payable, in a
26
court of competent jurisdiction.
27
(7) If the levy is payable to a person other than the Commonwealth,
28
the levy is recoverable by the person on behalf of the
29
Commonwealth.
30
(8) The regulations may provide that:
31
Administration
Chapter 5
Fees and offshore electricity infrastructure levy
Part 3
Section 190
No. , 2021
Offshore Electricity Infrastructure Bill 2021
165
(a) an application under this Act is taken to have been made only
1
if an amount of levy has been paid in relation to the
2
application; and
3
(b) the Minister, the Registrar or the Regulator may decline to
4
perform a function or exercise a power until an amount of
5
levy is paid.
6
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 1
Introduction
Section 191
166
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Part 4--Compliance and enforcement
1
Division 1--Introduction
2
191 Simplified outline of this Part
3
This Part provides various powers to ensure compliance with this
4
Act and to deal with contraventions.
5
OEI inspectors are appointed by the Regulator under Division 2.
6
OEI inspectors monitor, investigate and enforce compliance with
7
this Act.
8
Division 3 provides for monitoring and investigation powers,
9
including by applying the monitoring and investigation provisions
10
of the Regulatory Powers Act. These powers include powers for
11
OEI inspectors to enter offshore premises without a warrant in
12
urgent circumstances.
13
Under the compliance provisions in Division 4, an OEI inspector
14
may issue do not disturb notices, prohibition notices and
15
improvement notices in relation to offshore premises.
16
This Part also applies the civil penalty, infringement notice,
17
injunction and enforceable undertakings provisions of the
18
Regulatory Powers Act, and provides for adverse publicity orders.
19
Administration
Chapter 5
Compliance and enforcement
Part 4
OEI inspectors
Division 2
Section 192
No. , 2021
Offshore Electricity Infrastructure Bill 2021
167
Division 2--OEI inspectors
1
192 OEI inspectors--appointment
2
Appointment generally
3
(1) The Regulator may, in writing, appoint a person who is one of the
4
following as an OEI inspector:
5
(a) a member of the staff of the Regulator;
6
(b) an employee of the Commonwealth, or of an agency or
7
authority of the Commonwealth;
8
(c) an employee of a State or Territory, or of an agency or
9
authority of a State or Territory.
10
(2) Despite subsection (1), the Regulator may appoint as an OEI
11
inspector a person who is not covered by paragraph (1)(a), (b) or
12
(c) if the appointment is for a period, and for the performance of
13
functions, stated in the instrument of appointment.
14
(3) The Regulator must not appoint a person as an OEI inspector
15
unless the Regulator is satisfied that the person has the knowledge
16
or experience necessary to properly exercise the powers of an OEI
17
inspector (subject to any limitations as to powers or functions
18
stated in an instrument under subsection (2) or a direction under
19
section 193).
20
(4) The Regulator must not appoint an employee of a State or
21
Territory, or of an agency or authority of a State or Territory, as an
22
OEI inspector without the agreement of the State or Territory.
23
Identity cards
24
(5) An identity card issued to an OEI inspector under the Regulatory
25
Powers Act must:
26
(a) state that the OEI inspector is an OEI inspector for the
27
purposes of this Act and the applied work health and safety
28
provisions; and
29
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 2
OEI inspectors
Section 193
168
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(b) if the OEI inspector is appointed subject to any limitations as
1
to powers or functions stated in the instrument of
2
appointment under subsection (2)--state that limitation.
3
193 OEI inspectors--directions by Regulator
4
Directions etc. by the Regulator
5
(1) The Regulator may give written directions stating conditions
6
subject to which an OEI inspector's powers may be exercised for
7
the purposes of this Act and the applied work health and safety
8
provisions. If the Regulator does so, the OEI inspector's powers
9
must be exercised in accordance with those directions.
10
(2) The Regulator may, by written notice, impose conditions (not
11
inconsistent with any directions under subsection (1)) on the
12
exercise of powers, or the performance of functions, by a particular
13
OEI inspector for the purposes of this Act and the applied work
14
health and safety provisions. If the Regulator does so, the OEI
15
inspector's powers and functions are to be exercised or performed
16
subject to those conditions.
17
Status of directions and notices as legislative instruments
18
(3) If a direction under subsection (1) is of general application, the
19
direction is a legislative instrument.
20
(4) If a direction under subsection (1) is not of general application, the
21
direction is not a legislative instrument.
22
(5) A notice under subsection (2) is not a legislative instrument.
23
194 OEI inspectors--reimbursement for exercise of powers relating
24
to the Registrar
25
Scope
26
(1) This section applies if an OEI inspector:
27
(a) engages in activities that are preparatory to the exercise, or
28
the possible exercise, of a power for a purpose that relates to
29
the powers or functions of the Registrar; or
30
Administration
Chapter 5
Compliance and enforcement
Part 4
OEI inspectors
Division 2
Section 194
No. , 2021
Offshore Electricity Infrastructure Bill 2021
169
(b) exercises a power for a purpose that relates to the powers or
1
functions of the Registrar.
2
Reimbursement
3
(2) The Regulator and the Registrar may, with the agreement of the
4
Minister and by notifiable instrument, make a determination that
5
provides that an amount worked out in accordance with the
6
determination is, on a day worked out in accordance with the
7
determination, to be debited from the Offshore Infrastructure
8
Registrar Special Account.
9
Note:
The Commonwealth must pay a corresponding amount to the
10
Regulator (see paragraph 186(1)(d)).
11
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 3
Monitoring and investigation powers
Section 195
170
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 3--Monitoring and investigation powers
1
195 Monitoring powers (general)
2
Provisions subject to monitoring
3
(1) A provision is subject to monitoring under Part 2 of the Regulatory
4
Powers Act if it is:
5
(a) a provision of this Act; or
6
(b) any of the applied work health and safety provisions; or
7
(c) an offence provision of the
Crimes Act 1914
or the
Criminal
8
Code
, to the extent that it relates to this Act or the applied
9
work health and safety provisions.
10
Note:
Part 2 of the Regulatory Powers Act creates a framework for
11
monitoring whether this Act and the applied work health and safety
12
provisions have been complied with. It includes powers of entry and
13
inspection.
14
Information subject to monitoring
15
(2) Information given in compliance or purported compliance with a
16
provision of this Act or the applied work health and safety
17
provisions is subject to monitoring under Part 2 of the Regulatory
18
Powers Act.
19
Note:
Part 2 of the Regulatory Powers Act creates a framework for
20
monitoring whether the information is correct. It includes powers of
21
entry and inspection.
22
Related provisions
23
(3) For the purposes of Part 2 of the Regulatory Powers Act, as that
24
Part applies in relation to the provisions mentioned in
25
subsection (1), there are no related provisions.
26
Authorised applicant
27
(4) For the purposes of Part 2 of the Regulatory Powers Act, an OEI
28
inspector is an authorised applicant in relation to both of the
29
following:
30
Administration
Chapter 5
Compliance and enforcement
Part 4
Monitoring and investigation powers
Division 3
Section 195
No. , 2021
Offshore Electricity Infrastructure Bill 2021
171
(a) the provisions mentioned in subsection (1);
1
(b) the information mentioned in subsection (2).
2
Authorised person
3
(5) For the purposes of Part 2 of the Regulatory Powers Act, an OEI
4
inspector is an authorised person in relation to both of the
5
following:
6
(a) the provisions mentioned in subsection (1);
7
(b) the information mentioned in subsection (2).
8
Issuing officer
9
(6) For the purposes of Part 2 of the Regulatory Powers Act, a
10
magistrate is an issuing officer in relation to both of the following:
11
(a) the provisions mentioned in subsection (1);
12
(b) the information mentioned in subsection (2).
13
Relevant chief executive
14
(7) For the purposes of Part 2 of the Regulatory Powers Act, the CEO
15
is the relevant chief executive in relation to both of the following:
16
(a) the provisions mentioned in subsection (1);
17
(b) the information mentioned in subsection (2).
18
(8) The relevant chief executive may, in writing, delegate the powers
19
and functions mentioned in subsection (9) to an SES employee, or
20
acting SES employee, of the Regulator.
21
(9) The powers and functions that may be delegated are:
22
(a) powers and functions under Part 2 of the Regulatory Powers
23
Act in relation to both of the following:
24
(i) the provisions mentioned in subsection (1);
25
(ii) the information mentioned in subsection (2); and
26
(b) powers and functions under the Regulatory Powers Act that
27
are incidental to a power or function mentioned in
28
paragraph (a).
29
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 3
Monitoring and investigation powers
Section 195
172
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(10) A person exercising powers or performing functions under a
1
delegation under subsection (8) must comply with any directions of
2
the relevant chief executive.
3
Relevant court
4
(11) For the purposes of Part 2 of the Regulatory Powers Act, each of
5
the following courts is a relevant court
in relation to the provisions
6
mentioned in subsection (1) and the information mentioned in
7
subsection (2):
8
(a) the Federal Court;
9
(b) the Federal Circuit and Family Court of Australia
10
(Division 2);
11
(c) the Supreme Court of a State or Territory.
12
Person assisting
13
(12) An authorised person may be assisted by other persons in
14
exercising powers or performing functions or duties under Part 2 of
15
the Regulatory Powers Act in relation to the provisions mentioned
16
in subsection (1).
17
Use of force in executing a monitoring warrant
18
(13) In executing a monitoring warrant under Part 2 of the Regulatory
19
Powers Act, as that Part applies in relation to the provisions
20
mentioned in subsection (1):
21
(a) an authorised person may use such force against things as is
22
necessary and reasonable in the circumstances; and
23
(b) a person assisting the authorised person may use such force
24
against things as is necessary and reasonable in the
25
circumstances.
26
Extension to Commonwealth offshore area
27
(14) Part 2 of the Regulatory Powers Act, as that Part applies in relation
28
to the provisions mentioned in subsection (1) or the information
29
mentioned in subsection (2), extends to the Commonwealth
30
offshore area.
31
Administration
Chapter 5
Compliance and enforcement
Part 4
Monitoring and investigation powers
Division 3
Section 196
No. , 2021
Offshore Electricity Infrastructure Bill 2021
173
Extension to external Territories
1
(15) Part 2 of the Regulatory Powers Act, as that Part applies in relation
2
to the provisions mentioned in subsection (1) or the information
3
mentioned in subsection (2), extends to every external Territory to
4
which this Act extends.
5
Note:
For the external Territories to which this Act extends, see section 5.
6
196 Investigation powers (general)
7
Provisions subject to investigation
8
(1) A provision is subject to investigation under Part 3 of the
9
Regulatory Powers Act if it is:
10
(a) an offence provision of this Act; or
11
(b) a civil penalty provision of this Act; or
12
(c) an offence provision of the applied work health and safety
13
provisions; or
14
(d) a WHS civil penalty provision within the meaning of the
15
applied work health and safety provisions, as if the WHS
16
civil penalty provision were a civil penalty provision; or
17
(e) an offence provision of the
Crimes Act 1914
or the
Criminal
18
Code
, to the extent that it relates to this Act or the applied
19
work health and safety provisions.
20
Note:
Part 3 of the Regulatory Powers Act creates a framework for
21
investigating whether a provision has been contravened. It includes
22
powers of entry, search and seizure.
23
Related provisions
24
(2) For the purposes of Part 3 of the Regulatory Powers Act, as that
25
Part applies in relation to evidential material that relates to a
26
provision mentioned in subsection (1), there are no related
27
provisions.
28
Authorised applicant
29
(3) For the purposes of Part 3 of the Regulatory Powers Act, an OEI
30
inspector is an authorised applicant in relation to evidential
31
material that relates to a provision mentioned in subsection (1).
32
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 3
Monitoring and investigation powers
Section 196
174
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Authorised person
1
(4) For the purposes of Part 3 of the Regulatory Powers Act, an OEI
2
inspector is an authorised person in relation to evidential material
3
that relates to a provision mentioned in subsection (1).
4
Issuing officer
5
(5) For the purposes of Part 3 of the Regulatory Powers Act, a
6
magistrate is an issuing officer in relation to evidential material
7
that relates to a provision mentioned in subsection (1).
8
Relevant chief executive
9
(6) For the purposes of Part 3 of the Regulatory Powers Act, the CEO
10
is the relevant chief executive in relation to evidential material that
11
relates to a provision mentioned in subsection (1).
12
(7) The relevant chief executive may, in writing, delegate the powers
13
and functions mentioned in subsection (8) to an SES employee, or
14
acting SES employee, of the Regulator.
15
(8) The powers and functions that may be delegated are:
16
(a) powers and functions under Part 3 of the Regulatory Powers
17
Act in relation to evidential material that relates to a
18
provision mentioned in subsection (1); and
19
(b) powers and functions under the Regulatory Powers Act that
20
are incidental to a power or function mentioned in
21
paragraph (a).
22
(9) A person exercising powers or performing functions under a
23
delegation under subsection (7) must comply with any directions of
24
the relevant chief executive.
25
Relevant court
26
(10) For the purposes of Part 3 of the Regulatory Powers Act, each of
27
the following courts is a relevant court in relation to evidential
28
material that relates to an offence or civil penalty provision
29
mentioned in subsection (1):
30
(a) the Federal Court;
31
Administration
Chapter 5
Compliance and enforcement
Part 4
Monitoring and investigation powers
Division 3
Section 197
No. , 2021
Offshore Electricity Infrastructure Bill 2021
175
(b) the Federal Circuit and Family Court of Australia
1
(Division 2);
2
(c) the Supreme Court of a State or Territory.
3
Person assisting
4
(11) An authorised person may be assisted by other persons in
5
exercising powers or performing functions or duties under Part 3 of
6
the Regulatory Powers Act in relation to evidential material that
7
relates to a provision mentioned in subsection (1).
8
Use of force in executing a warrant
9
(12) In executing an investigation warrant:
10
(a) an authorised person may use such force against things as is
11
necessary and reasonable in the circumstances; and
12
(b) a person assisting the authorised person may use such force
13
against things as is necessary and reasonable in the
14
circumstances.
15
Extension to Commonwealth offshore area
16
(13) Part 3 of the Regulatory Powers Act, as that Part applies in relation
17
to a provision mentioned in subsection (1), extends to the
18
Commonwealth offshore area.
19
Extension to external Territories
20
(14) Part 3 of the Regulatory Powers Act, as that Part applies in relation
21
to a provision mentioned in subsection (1), extends to every
22
external Territory to which this Act extends.
23
Note:
For the external Territories to which this Act extends, see section 5.
24
197 Monitoring and investigation powers (special provisions)
25
Scope
26
(1) This section provides for extended or alternative meanings of terms
27
used in Part 2 or 3 of the Regulatory Powers Act in the application
28
of those Parts under this Division.
29
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 3
Monitoring and investigation powers
Section 198
176
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Premises
1
(2) In that application (and without limiting its meaning under that
2
Act)
premises
includes offshore premises.
3
Occupiers of offshore premises
4
(3) In that application, but only in relation to the exercise of powers by
5
an OEI inspector at offshore premises,
occupier
means:
6
(a) in the case of the exercise of powers at offshore renewable
7
energy infrastructure, or offshore electricity transmission
8
infrastructure, that is installed or being operated or
9
maintained in accordance with a licence--the licence
10
holder's representative (if any) at the premises; or
11
(b) if paragraph (a) does not apply, and the premises are a vessel
12
under the command or charge of a master--the master; or
13
(c) if there is no occupier at the premises as provided under
14
paragraph (a) or (b)--the person at the premises (if any) who
15
appears to be in overall control of the premises.
16
Note:
In the case of premises that are not offshore premises,
occupier
would
17
have its ordinary meaning as applied under the Regulatory Powers
18
Act.
19
198 Monitoring powers (entering offshore premises without
20
warrant)
21
(1) Despite subsection 18(2) of the Regulatory Powers Act, an
22
authorised person may enter offshore premises under
23
subsection 18(1) of that Act without:
24
(a) the consent of the occupier of the premises; or
25
(b) a monitoring warrant (within the meaning of the Regulatory
26
Powers Act);
27
if the authorised person believes that, because of urgent
28
circumstances, it is necessary and reasonable to do so without
29
consent or a monitoring warrant in order to exercise the monitoring
30
powers (within the meaning of the Regulatory Powers Act).
31
(2) If an authorised person enters offshore premises under
32
subsection (1), the following provisions of the Regulatory Powers
33
Act apply as if the entry were authorised by a monitoring warrant:
34
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Compliance and enforcement
Part 4
Monitoring and investigation powers
Division 3
Section 199
No. , 2021
Offshore Electricity Infrastructure Bill 2021
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(a) section 21 (securing electronic equipment to obtain expert
1
assistance);
2
(b) section 24 (asking questions and seeking production of
3
documents);
4
(c) section 26 (announcement before entry under warrant),
5
except that the authorised person must announce that the
6
authorised person is authorised to enter the premises under
7
this section;
8
(d) paragraph 28(2)(b) (details of warrant etc. to be given to
9
occupier);
10
(e) section 30 (right to observe execution of warrant);
11
(f) section 31 (responsibility to provide facilities and assistance).
12
199 Investigation powers (entering offshore premises without
13
warrant)
14
(1) Despite subsection 48(2) of the Regulatory Powers Act, an
15
authorised person may enter offshore premises under
16
subsection 48(1) of that Act without:
17
(a) the consent of the occupier of the premises; or
18
(b) an investigation warrant (within the meaning of the
19
Regulatory Powers Act);
20
if the authorised person believes that, because of urgent
21
circumstances, it is necessary and reasonable to do so without
22
consent or an investigation warrant in order to exercise the
23
investigation powers (within the meaning of the Regulatory Powers
24
Act).
25
(2) If an authorised person enters offshore premises under
26
subsection (1), the following provisions of the Regulatory Powers
27
Act apply as if the entry were authorised by an investigation
28
warrant that specifies the evidential material that the authorised
29
person suspects on reasonable grounds may be on the premises:
30
(a) section 49 (general investigation powers);
31
(b) section 50 (operating electronic equipment);
32
(c) section 51 (securing electronic equipment to obtain expert
33
assistance);
34
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 3
Monitoring and investigation powers
Section 200
178
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(d) section 54 (asking questions and seeking production of
1
documents);
2
(e) section 56 (announcement before entry under warrant),
3
except that the authorised person must announce that the
4
authorised person is authorised to enter the premises under
5
this section, unless subsection 56(2) of that Act applies;
6
(f) paragraph 58(2)(b) (details of warrant etc. to be given to
7
occupier);
8
(g) section 62 (right to observe execution of warrant);
9
(h) section 63 (responsibility to provide facilities and assistance);
10
(i) section 64 (copies of seized things to be provided).
11
200 Monitoring and investigation powers (reasonable facilities and
12
assistance)
13
Scope
14
(1) This section applies if any powers are to be exercised by an OEI
15
inspector under the Regulatory Powers Act, as it applies under this
16
Division, in relation to both of the following:
17
(a) a particular licence;
18
(b) particular offshore premises.
19
Reasonable facilities and assistance
20
(2) For the purposes of the application of section 31 or 63 of the
21
Regulatory Powers Act under this Division, in addition to any
22
facilities or assistance that must otherwise be provided under those
23
sections in that application, the licence holder must provide:
24
(a) appropriate transport to or from the premises for the
25
following:
26
(i) the OEI inspector;
27
(ii) any person assisting the OEI inspector (within the
28
meaning of section 23 or 53 of the Regulatory Powers
29
Act as that section applies under this Division);
30
(iii) any equipment required by the OEI inspector;
31
(iv) any thing of which the OEI inspector has taken
32
possession; and
33
Administration
Chapter 5
Compliance and enforcement
Part 4
Monitoring and investigation powers
Division 3
Section 201
No. , 2021
Offshore Electricity Infrastructure Bill 2021
179
(b) reasonable accommodation and means of subsistence for the
1
OEI inspector, and any such person assisting the OEI
2
inspector, while the OEI inspector is at the premises.
3
Note:
An OEI inspector may be assisted by another person (see
4
subsections 195(12) and 196(11)). Any such assistance must be
5
necessary and reasonable (see sections 23 and 53 of the Regulatory
6
Powers Act).
7
201 OEI inspections--licence holder's representative
8
Scope
9
(1) This section applies in relation to an OEI inspection that relates to
10
a licence.
11
Meaning of
licence holder's representative
12
(2) For the purposes of this Act, a
licence holder's representative
is a
13
person nominated by the licence holder under this section who is
14
present at the offshore premises in compliance with a requirement
15
imposed on the licence holder by paragraph (4)(b).
16
Nomination of licence holder's representative
17
(3) For the purposes of an OEI inspection, an OEI inspector may, by
18
written notice to the licence holder, require the licence holder to
19
nominate a representative to be present at offshore premises at the
20
time stated in the notice.
21
(4) The licence holder must:
22
(a) by written notice to the OEI inspector, nominate a
23
representative as required by the notice under subsection (3);
24
and
25
(b) take all reasonably practicable steps to ensure that the
26
nominated representative is present at the offshore premises
27
at the time stated in the notice, and remains at the offshore
28
premises after the stated time until no longer required for the
29
purposes of the OEI inspection.
30
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 3
Monitoring and investigation powers
Section 202
180
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Contravention
1
(5) A person contravenes this subsection if:
2
(a) the person is a licence holder; and
3
(b) the person is given a notice under subsection (3); and
4
(c) the person fails to comply with subsection (4) in relation to
5
the notice.
6
Strict liability offence
7
(6) A person commits an offence of strict liability if the person
8
contravenes subsection (5).
9
Penalty: 50 penalty units.
10
Civil penalty provision
11
(7) A person is liable to a civil penalty if the person contravenes
12
subsection (5).
13
Civil penalty:
135 penalty units.
14
202 Monitoring and investigation powers (relationship with other
15
powers)
16
The exercise or performance by an OEI inspector (or any other
17
person) of a power or function under Part 2 or 3 of the Regulatory
18
Powers Act, as it applies under this Division:
19
(a) does not prevent the OEI inspector (or other person) from
20
exercising or performing a power or function under:
21
(i) any provision of this Act; or
22
(ii) any of the applied work health and safety provisions;
23
and
24
(b) is not prevented by the exercise or performance by an OEI
25
inspector (or any other person) of a power or function under:
26
(i) any provision of this Act; or
27
(ii) any of the applied work health and safety provisions.
28
Administration
Chapter 5
Compliance and enforcement
Part 4
Monitoring and investigation powers
Division 3
Section 203
No. , 2021
Offshore Electricity Infrastructure Bill 2021
181
203 Obstructing or hindering OEI inspector
1
(1) A person contravenes this subsection if:
2
(a) the person engages in conduct; and
3
(b) the conduct obstructs or hinders an OEI inspector in the
4
exercise of the OEI inspector's powers under Part 2 or 3 of
5
the Regulatory Powers Act, as it applies under this Division.
6
Fault-based offence
7
(2) A person commits an offence if the person contravenes
8
subsection (1).
9
Note:
The same conduct may be an offence against both this subsection and
10
section 149.1 of the
Criminal Code
.
11
Penalty: 60 penalty units.
12
Civil penalty provision
13
(3) A person is liable for a civil penalty if the person contravenes
14
subsection (1).
15
Civil penalty:
135 penalty units.
16
Exception--reasonable excuse
17
(4) Subsection (1) does not apply if the person has a reasonable
18
excuse.
19
Note:
A defendant bears an evidential burden in relation to the matter in
20
subsection (4) (see subsection 13.3(3) of the
Criminal Code
and
21
section 96 of the Regulatory Powers Act).
22
204 OEI inspections--reports
23
Scope
24
(1) This section applies if an OEI inspector has conducted an OEI
25
inspection in relation to a licence.
26
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Administration
Part 4
Compliance and enforcement
Division 3
Monitoring and investigation powers
Section 204
182
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Report to be given to Regulator
1
(2) The OEI inspector must, as soon as practicable, prepare a written
2
report relating to the inspection and give the report to the
3
Regulator.
4
(3) The report must include:
5
(a) the OEI inspector's conclusions from conducting the
6
inspection and the reasons for those conclusions; and
7
(b) any recommendations that the OEI inspector wishes to make
8
arising from the inspection; and
9
(c) such other matters (if any) as are prescribed by regulation.
10
Copies of report to be given to licence holder
11
(4) As soon as practicable after receiving the report, the Regulator
12
must give a copy of the report, together with any written comments
13
that it wishes to make, to the licence holder.
14
Details of remedial action etc.
15
(5) The Regulator may, in writing, request the licence holder to
16
provide to the Regulator, within a reasonable period specified in
17
the request, details of any action proposed to be taken as a result of
18
the conclusions or recommendations contained in the report.
19
(6) The licence holder must comply with a request under
20
subsection (5).
21
Administration
Chapter 5
Compliance and enforcement
Part 4
Compliance powers
Division 4
Section 205
No. , 2021
Offshore Electricity Infrastructure Bill 2021
183
Division 4--Compliance powers
1
205 Do not disturb notices--issue
2
Scope
3
(1) This section applies if an OEI inspector is conducting an OEI
4
inspection in relation to offshore premises.
5
When a notice may be issued
6
(2) An OEI inspector may issue a notice (a
do not disturb notice
) to a
7
licence holder, in writing, under this section if the OEI inspector is
8
satisfied on reasonable grounds that it is reasonably necessary to
9
issue the notice in order to:
10
(a) remove an immediate threat to the health or safety of any
11
person; or
12
(b) allow the inspection, examination or measurement of, or the
13
conducting of tests concerning:
14
(i) the offshore premises; or
15
(ii) particular plant, or a particular substance or thing, at the
16
offshore premises.
17
Issue of notice
18
(3) Without limiting the way in which the notice may be issued, the
19
notice may be issued to the licence holder by being given to the
20
licence holder's representative at the premises.
21
Contents of notice
22
(4) The notice must:
23
(a) direct the licence holder to take all reasonably practicable
24
steps to ensure that one or more of the following are not
25
disturbed for a period specified in the notice:
26
(i) a particular part of the offshore premises;
27
(ii) particular plant, or a particular substance or thing, at the
28
offshore premises; and
29
Chapter 5
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Part 4
Compliance and enforcement
Division 4
Compliance powers
Section 206
184
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(b) set out the reasons for the OEI inspector's decision to issue
1
the notice.
2
(5) The period specified in the notice must be a period that the OEI
3
inspector is satisfied on reasonable grounds is necessary in order
4
to:
5
(a) address the threat mentioned in paragraph (2)(a); or
6
(b) allow the inspection, examination, measuring or testing
7
mentioned in paragraph (2)(b) to take place.
8
Renewal of notice
9
(6) The notice may be renewed by another notice in the same terms.
10
Fault-based offence
11
(7) A person commits an offence if:
12
(a) the person is a licence holder; and
13
(b) the person is given a do not disturb notice containing a
14
direction under paragraph (4)(a); and
15
(c) the person engages in conduct; and
16
(d) the person's conduct breaches the direction.
17
Penalty for contravention of subsection (7): 300 penalty units.
18
206 Do not disturb notices--notification and display
19
Notice to interested persons
20
(1) As soon as practicable after issuing a do not disturb notice, the OEI
21
inspector must take reasonable steps to give a copy of the notice to
22
the following persons:
23
(a) if the offshore premises are a vessel under the command or
24
charge of a master--the master;
25
(b) if the offshore premises are, or the
plant, substance or thing
26
is, owned by a person other than the licence holder--that
27
owner.
28
Administration
Chapter 5
Compliance and enforcement
Part 4
Compliance powers
Division 4
Section 207
No. , 2021
Offshore Electricity Infrastructure Bill 2021
185
Display of notice
1
(2) The following person must cause a copy of a do not disturb notice
2
to be displayed in a prominent place at the offshore premises:
3
(a) if the notice is given to the licence holder's representative
4
under subsection 205(3)--the licence holder's representative;
5
(b) if the notice is not given to the licence holder's
6
representative--the licence holder.
7
207 Prohibition notices--issue
8
Scope
9
(1) This section applies if an OEI inspector is conducting an OEI
10
inspection in relation to offshore premises.
11
When notice may be issued
12
(2) An OEI inspector may issue a notice (a
prohibition notice
) to a
13
licence holder, in writing, under this section if, in conducting the
14
inspection, the OEI inspector is satisfied on reasonable grounds
15
that:
16
(a) one or more of the following is the case:
17
(i) an activity is occurring at the premises that involves an
18
immediate and significant threat to the environment;
19
(ii) an activity may occur at the premises that, if it occurred,
20
would involve an immediate and significant threat to the
21
environment;
22
(iii) an activity is occurring at the premises that involves an
23
immediate and significant threat to the health and safety
24
of workers;
25
(iv) an activity may occur at the premises that, if it occurred,
26
would involve an immediate and significant threat to the
27
health and safety of workers;
28
(v) an activity is occurring at the premises that involves an
29
immediate and significant threat to the infrastructure
30
integrity of offshore renewable energy infrastructure or
31
offshore electricity transmission infrastructure;
32
Chapter 5
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Part 4
Compliance and enforcement
Division 4
Compliance powers
Section 207
186
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(vi) an activity may occur at the premises that, if it occurred,
1
would involve an immediate and significant threat to the
2
infrastructure integrity of offshore renewable energy
3
infrastructure or offshore electricity transmission
4
infrastructure; and
5
(b) it is reasonably necessary to issue the notice in order to
6
remove the threat.
7
Note:
The notice will be published on the Regulator's website (see
8
section 212).
9
How notice may be issued
10
(3) Without limiting the way in which the notice may be issued, the
11
notice may be issued to the licence holder by being given to the
12
licence holder's representative at the premises.
13
Contents of notice
14
(4) The notice must:
15
(a) state that the OEI inspector is satisfied on reasonable grounds
16
that a specified circumstance mentioned in paragraph (2)(a)
17
applies, and set out those grounds; and
18
(b) specify the activity at the premises that involves a threat to
19
the environment, the health and safety of workers or the
20
infrastructure integrity of offshore renewable energy
21
infrastructure or offshore electricity transmission
22
infrastructure; and
23
(c) describe the nature of the threat; and
24
(d) direct the licence holder to ensure:
25
(i) that the activity is not conducted; or
26
(ii) that the activity is not conducted in a specified manner.
27
(5) The notice may specify action that may be taken to satisfy an OEI
28
inspector that adequate action has been taken to remove the threat.
29
Fault-based offence
30
(6) A person commits an offence if:
31
(a) the person is a licence holder; and
32
Administration
Chapter 5
Compliance and enforcement
Part 4
Compliance powers
Division 4
Section 208
No. , 2021
Offshore Electricity Infrastructure Bill 2021
187
(b) the person is given a prohibition notice containing a direction
1
under paragraph (4)(d); and
2
(c) the person engages in conduct; and
3
(d) the person's conduct breaches the direction.
4
Penalty: 600 penalty units.
5
Continuing offences
6
(7) A person who commits an offence against subsection (6) commits
7
a separate offence in respect of each day (including a day of a
8
conviction for the offence or any later day) during which the
9
offence continues.
10
(8) The maximum penalty for each day that an offence under
11
subsection (6) continues is 10% of the maximum penalty that can
12
be imposed in respect of that offence.
13
Definition
14
(9) In this section:
15
premises
, in relation to offshore premises, includes:
16
(a) a particular part of the offshore premises; and
17
(b) particular plant or equipment, or a particular substance or
18
thing, at the offshore premises.
19
208 Prohibition notices--notification
20
Scope
21
(1) This section applies if an OEI inspector issues a prohibition notice
22
to a licence holder under section 207 that concerns a threat
23
mentioned in paragraph 207(2)(a) in relation to an activity at
24
particular offshore premises.
25
Notice to interested persons
26
(2) As soon as practicable after issuing the notice, the OEI inspector
27
must take reasonable steps to give a copy of the notice to the
28
following persons:
29
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 4
Compliance powers
Section 208
188
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(a) if the premises are a vessel under the command or charge of a
1
master--the master;
2
(b) if the premises are, or the
plant, substance or thing is, owned
3
by a person other than the licence holder--that owner.
4
Display of notice
5
(3) The licence holder must cause a copy of the notice to be displayed
6
in a prominent place at the premises.
7
Inadequate action in response to notice
8
(4) If an OEI inspector is satisfied that action taken by the licence
9
holder to remove the threat is not adequate, the OEI inspector must
10
inform the licence holder accordingly.
11
(5) In making a decision under subsection (4), an OEI inspector may
12
exercise such of the powers of an OEI inspector conducting an
13
inspection in the exercise of the OEI inspector's powers under
14
Part 2 or 3 of the Regulatory Powers Act, as it applies under
15
Division 3 of this Part, as the OEI inspector considers necessary for
16
the purposes of making the decision.
17
When notice ceases to have effect
18
(6) The notice ceases to have effect in relation to a licence holder
19
when an OEI inspector notifies the licence holder that the OEI
20
inspector is satisfied that the licence holder, or another person, has
21
taken adequate action to remove the threat.
22
Definition
23
(7) In this section:
24
premises
, in relation to offshore premises, includes:
25
(a) a particular part of the offshore premises; and
26
(b) particular plant or equipment, or a particular substance or
27
thing, at the offshore premises.
28
Administration
Chapter 5
Compliance and enforcement
Part 4
Compliance powers
Division 4
Section 209
No. , 2021
Offshore Electricity Infrastructure Bill 2021
189
209 Improvement notices--issue
1
Scope
2
(1) This section applies if an OEI inspector is conducting an OEI
3
inspection in relation to offshore premises.
4
When notice may be issued
5
(2) An OEI inspector may issue a notice (an
improvement notice
) to a
6
licence holder, in writing, under this section if, in conducting the
7
inspection, the OEI inspector is satisfied on reasonable grounds
8
that:
9
(a) the licence holder:
10
(i) is contravening a provision of this Act, or an applied
11
work health and safety provision; or
12
(ii) has contravened a provision of this Act, or an applied
13
work health and safety provision, and is likely to
14
contravene that provision again; and
15
(b) as a result, there is, or may be, a significant threat to:
16
(i) the environment; or
17
(ii) the health and safety of workers; or
18
(iii) the infrastructure integrity of offshore renewable energy
19
infrastructure or offshore electricity transmission
20
infrastructure; and
21
(c) the OEI inspector is satisfied on reasonable grounds that
22
action is required to be taken by the licence holder to remove
23
the threat.
24
Note:
The notice will be published on the Regulator's website (see
25
section 212).
26
How notice may be issued
27
(3) Without limiting the way in which the notice may be issued, the
28
notice may be issued to the licence holder by being given to the
29
licence holder's representative at the premises.
30
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 4
Compliance powers
Section 209
190
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Contents of notice
1
(4) The notice must:
2
(a) state that the OEI inspector is satisfied on reasonable grounds
3
that a specified contravention of this Act or the applied work
4
health and safety provisions is occurring, or has occurred and
5
is likely to occur again, and set out those grounds; and
6
(b) state that the OEI inspector is satisfied on reasonable grounds
7
that as a result of that contravention, there is, or may be, a
8
significant threat to any of the following, and set out those
9
grounds:
10
(i) the environment;
11
(ii) the health and safety of workers;
12
(iii) the infrastructure integrity of offshore renewable energy
13
infrastructure or offshore electricity transmission
14
infrastructure; and
15
(c) describe the nature of the threat; and
16
(d) direct the licence holder to take the action mentioned in
17
paragraph (2)(c), which must be specified in the notice; and
18
(e) specify a period within which the licence holder is to take the
19
action.
20
Period of notice
21
(5) The period specified in the notice must be reasonable.
22
(6) If the OEI inspector is satisfied on reasonable grounds that it is
23
appropriate to do so, the OEI inspector may, in writing and before
24
the end of the period, extend the period specified in the notice.
25
Notice to interested persons
26
(7) As soon as practicable after issuing the notice, the OEI inspector
27
must take reasonable steps to give a copy of the notice to the
28
following persons:
29
(a) if the offshore premises are a vessel under the command or
30
charge of a master--the master;
31
(b) if the offshore premises are owned by a person other than the
32
licence holder--that owner.
33
Administration
Chapter 5
Compliance and enforcement
Part 4
Compliance powers
Division 4
Section 210
No. , 2021
Offshore Electricity Infrastructure Bill 2021
191
Display of notice
1
(8) The licence holder must cause a copy of the notice to be displayed
2
in a prominent place at the offshore premises.
3
210 Improvement notices--compliance
4
(1) A person contravenes this subsection if:
5
(a) the person is a licence holder; and
6
(b) the person is given an improvement notice under
7
subsection 209(2) containing a direction under
8
paragraph 209(4)(d); and
9
(c) the person engages in conduct; and
10
(d) the person's conduct breaches the direction.
11
Fault-based offence
12
(2) A person commits an offence if the person contravenes
13
subsection (1).
14
Penalty: 300 penalty units.
15
Civil penalty provision
16
(3) A person is liable to a civil penalty if the person contravenes
17
subsection (1).
18
Civil penalty:
400 penalty units.
19
Continuing offences and continuing contraventions of civil penalty
20
provisions
21
(4) The maximum penalty for each day that an offence under
22
subsection (2) continues is 10% of the maximum penalty that can
23
be imposed in respect of that offence.
24
Note:
Subsection (2) is a continuing offence under section 4K of the
Crimes
25
Act 1914
.
26
(5) The maximum civil penalty for each day that a contravention of
27
subsection (3) continues is 10% of the maximum civil penalty that
28
can be imposed in respect of that contravention.
29
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 4
Compliance powers
Section 211
192
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Note:
Subsection (3) is a continuing civil penalty provision under section 93
1
of the Regulatory Powers Act.
2
211 Tampering with and removing notices
3
Tampering with notice
4
(1) A person contravenes this subsection if:
5
(a) a notice is displayed under subsection 206(2), 208(3) or
6
209(8); and
7
(b) the person tampers with the notice.
8
Removal of notice
9
(2) A person contravenes this subsection if:
10
(a) a notice is displayed under subsection 206(2), 208(3) or
11
209(8); and
12
(b) the person removes the notice before the notice has ceased to
13
have effect.
14
Strict liability offence
15
(3) A person commits an offence of strict liability if the person
16
contravenes subsection (1) or (2).
17
Penalty: 50 penalty units.
18
(4) Subsection (3) does not apply if the person has a reasonable
19
excuse.
20
Note:
A defendant bears an evidential burden in relation to the matter in this
21
subsection (see subsection 13.3(3) of the
Criminal Code
).
22
212 Publishing prohibition notices and improvement notices
23
(1) The Regulator must publish on its website a prohibition notice or
24
an improvement notice within 21 days after the notice is issued.
25
(2) However, the Regulator must not publish the notice if it is aware
26
that the decision to issue the notice is the subject of an application
27
for review by a court.
28
Administration
Chapter 5
Compliance and enforcement
Part 4
Compliance powers
Division 4
Section 212
No. , 2021
Offshore Electricity Infrastructure Bill 2021
193
(3) If the notice is published on the Regulator's website and the
1
decision to issue the notice is, or becomes, the subject of an
2
application for review by a court, the Regulator must remove the
3
notice from the website as soon as practicable after becoming
4
aware of the application.
5
(4) If all rights for judicial review (including any right of appeal) in
6
relation to the decision to issue the notice have been exhausted, and
7
the decision to issue the notice has been upheld, the Regulator must
8
publish the notice on its website within 21 days after becoming
9
aware that the rights have been exhausted.
10
(5) If a notice contains personal information (within the meaning of
11
the
Privacy Act 1988
), the Regulator must take such steps as are
12
reasonable in the circumstances to ensure that the information is
13
de-identified before the notice is published.
14
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 5
Civil penalties
Section 213
194
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 5--Civil penalties
1
213 Civil penalty provisions
2
Enforceable
civil penalty provisions
3
(1) Each civil penalty provision of this Act is enforceable under Part 4
4
of the Regulatory Powers Act.
5
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
6
be enforced by obtaining an order for a person to pay a pecuniary
7
penalty for the contravention of the provision.
8
Authorised applicant
9
(2) For the purposes of Part 4 of the Regulatory Powers Act, each
10
person mentioned in column 1 of an item of the following table is
11
an authorised applicant in relation to a provision mentioned in
12
column 2 of the item.
13
14
Authorised applicants
Item
Column 1
Authorised applicant
Column 2
Provisions
1
The CEO
(a) subsection 15(4);
(b) subsection 77(3);
(c) subsection 78(3);
(d) subsection 116(5);
(e) subsection 118(3);
(f) subsection 123(4);
(g) subsection 128(4);
(h) subsections 141(6) and (7);
(i) subsection 168(3);
(j) subsection 201(7);
(k) subsection 203(3);
(l) subsection 210(3);
(m) subsection 267(3);
(n) subsection 270(3).
Administration
Chapter 5
Compliance and enforcement
Part 4
Civil penalties
Division 5
Section 213
No. , 2021
Offshore Electricity Infrastructure Bill 2021
195
Authorised applicants
Item
Column 1
Authorised applicant
Column 2
Provisions
2
The Registrar
(a) subsection 91(2);
(b) subsection 93(2);
(c) subsection 95(3);
(d) subsection 96(2);
(e) subsection 97(2);
(f) subsection 99(3);
(g) subsection 108(3);
(h) subsection 168(3);
(i) subsection 267(3);
(j) subsection 270(3).
1
No time limit for certain applications
2
(3) Subsection 82(2) of the Regulatory Powers Act does not apply to
3
an application made under section 82 of that Act in relation to an
4
alleged contravention of the following provisions of this Act:
5
(a) subsection 91(2);
6
(b) subsection 93(2);
7
(c) subsection 95(3);
8
(d) subsection 96(2);
9
(e) subsection 97(2);
10
(f) subsection 99(3);
11
(g) subsection 108(3).
12
Relevant court
13
(4) For the purposes of Part 4 of the Regulatory Powers Act, each of
14
the following courts is a relevant court in relation to the civil
15
penalty provisions of this Act:
16
(a) the Federal Court;
17
(b) the Federal Circuit and Family Court of Australia
18
(Division 2);
19
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 5
Civil penalties
Section 214
196
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(c) the Supreme Court of a State or Territory.
1
Extension to Commonwealth offshore area
2
(5) Part 4 of the Regulatory Powers Act, as that Part applies in relation
3
to the civil penalty provisions
of this Act, extends to the
4
Commonwealth offshore area.
5
Extension to external Territories
6
(6) Part 4 of the Regulatory Powers Act, as that Part applies in relation
7
to the civil penalty provisions
of this Act, extends to every external
8
Territory to which this Act extends.
9
Note:
For the external Territories to which this Act extends, see section 5.
10
214 Contravening civil penalty provisions
11
Scope
12
(1) This section applies if a person is liable for a civil penalty under a
13
civil penalty provision of this Act because the person has
14
contravened, or breached a requirement of, another provision of
15
this Act.
16
References to contraventions
17
(2) For the purposes of this Act, the person is taken to have
18
contravened the civil penalty provision if the person has
19
contravened, or breached the requirement of, the other provision.
20
Administration
Chapter 5
Compliance and enforcement
Part 4
Infringement notices
Division 6
Section 215
No. , 2021
Offshore Electricity Infrastructure Bill 2021
197
Division 6--Infringement notices
1
215 Infringement notices
2
Provisions subject to an infringement notice
3
(1) The following provisions are subject to an infringement notice
4
under Part 5 of the Regulatory Powers Act:
5
(a) subsections 168(2) and (3);
6
(b) subsections 201(6) and (7);
7
(c) subsection 203(3);
8
(d) subsections 267(2) and (3).
9
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
10
infringement notices in relation to provisions.
11
Infringement officer
12
(2) For the purposes of Part 5 of the Regulatory Powers Act, each
13
person mentioned in column 1 of an item of the following table is
14
an infringement officer in relation to a provision mentioned in
15
column 2 of the item.
16
17
Infringement officers
Item
Column 1
Infringement officer
Column 2
Provisions
1
The Registrar
(a) subsections 168(2) and (3);
(b) subsections 267(2) and (3).
2
An OEI inspector
(a) subsections 201(6) and (7);
(b) subsections 203(3);
(c) subsections 267(2) and (3).
18
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 6
Infringement notices
Section 215
198
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Relevant chief executive
1
(3) For the purposes of Part 5 of the Regulatory Powers Act, the
2
relevant chief executive in relation to the provisions mentioned in
3
subsection (1) is:
4
(a) if an OEI inspector is the infringement officer under
5
subsection (2) for the provision--the CEO; or
6
(b) if the Registrar is the infringement officer under
7
subsection (2) for the provision--the Secretary.
8
(4) The CEO may delegate the relevant chief executive's powers and
9
functions under Part 5 of the Regulatory Powers Act in relation to
10
the provisions for which the CEO is the relevant chief executive to:
11
(a) a member of the staff of the Regulator; or
12
(b) an APS employee who holds or performs the duties of an
13
Executive Level 2 position, or an equivalent or higher
14
position, in the Department; or
15
(c) a person prescribed by the regulations.
16
(5) The Secretary may delegate the relevant chief executive's powers
17
and functions under Part 5 of the Regulatory Powers Act in relation
18
to the provisions for which the Secretary is the relevant chief
19
executive to an SES employee, or acting SES employee, in the
20
Department.
21
(6) A person exercising powers or performing functions under a
22
delegation under subsection (4) or (5) must comply with any
23
directions of the relevant chief executive.
24
Single infringement notice may deal with more than one
25
contravention
26
(7) Despite subsection 103(3) of the Regulatory Powers Act, a single
27
infringement notice may be given to a person in respect of:
28
(a) 2 or more alleged contraventions of a provision mentioned in
29
subsection (1) of this section; or
30
(b) alleged contraventions of 2 or more provisions mentioned in
31
subsection (1) of this section.
32
However, the notice must not require the person to pay more than
33
one amount in respect of the same conduct.
34
Administration
Chapter 5
Compliance and enforcement
Part 4
Infringement notices
Division 6
Section 216
No. , 2021
Offshore Electricity Infrastructure Bill 2021
199
Regulations may set out other matters to be included
1
(8) The regulations may prescribe other matters that are to be included
2
in an infringement notice given in respect of a contravention of a
3
provision mentioned in subsection (1).
4
Extension to Commonwealth offshore area
5
(9) Part 5 of the Regulatory Powers Act, as that Part applies in relation
6
to
the provisions mentioned in subsection (1), extends to the
7
Commonwealth offshore area.
8
Extension to external Territories
9
(10) Part 5 of the Regulatory Powers Act, as that Part applies in relation
10
to
the provisions mentioned in subsection (1), extends to every
11
external Territory to which this Act extends.
12
Note:
For the external Territories to which this Act extends, see section 5.
13
216 Evidentiary matters
14
(1) The relevant chief executive may issue a certificate stating:
15
(a) that the relevant chief executive did not allow further time
16
under section 105 of the Regulatory Powers Act to pay the
17
penalty for an offence, or a civil penalty, under this Act,
18
stated in an infringement notice; and
19
(b) that the penalty has not been paid in accordance with the
20
notice within 28 days after the day the infringement notice is
21
given.
22
(2) The relevant chief executive may issue a certificate stating:
23
(a) that the relevant chief executive allowed, under section 105
24
of the Regulatory Powers Act, the further time specified in
25
the certificate for payment of the penalty for an offence, or a
26
civil penalty, under this Act, stated in an infringement notice;
27
and
28
(b) that the penalty has not been paid in accordance with the
29
notice or within the further time allowed.
30
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 6
Infringement notices
Section 216
200
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(3) The relevant chief executive may issue a certificate stating that a
1
specified infringement notice was withdrawn on a day specified in
2
the certificate.
3
(4) A certificate under subsection (1), (2) or (3) must be signed by the
4
relevant chief executive.
5
(5) For all purposes and in all proceedings, a document purporting to
6
be a certificate under subsection (1), (2) or (3) must, unless the
7
contrary is established, be taken to be such a certificate and to have
8
been properly given.
9
(6) For all purposes and in all proceedings, a certificate under
10
subsection (1), (2) or (3) is prima facie evidence of the matters
11
stated in the certificate.
12
Administration
Chapter 5
Compliance and enforcement
Part 4
Injunctions
Division 7
Section 217
No. , 2021
Offshore Electricity Infrastructure Bill 2021
201
Division 7--Injunctions
1
217 Injunctions
2
Enforceable provisions
3
(1) The following provisions are enforceable
under Part 7 of the
4
Regulatory Powers Act:
5
(a) subsections 15(3) and (4);
6
(b) subsections 77(2) and (3);
7
(c) subsections 78(2) and (3);
8
(d) subsections 116(4) and (5);
9
(e) subsection 118(2) and (3);
10
(f) subsections 123(2), (3) and (4);
11
(g) subsections 128(2), (3) and (4);
12
(h) subsection 135(1);
13
(i) subsections 139(1), (3), (5) and (7);
14
(j) subsections 141(4), (5), (6) and (7);
15
(k) section 148;
16
(l) subsection 150(1);
17
(m) subsections 168(2) and (3);
18
(n) subsections 201(6) and (7);
19
(o) subsections 203(2) and (3);
20
(p) subsection 205(7);
21
(q) subsection 207(6);
22
(r) subsections 210(2) and (3);
23
(s) subsection 211(3);
24
(t) subsections 267(2) and (3);
25
(u) subsections 270(2) and (3);
26
(v) section 276;
27
(w) section 277;
28
(x) section 278.
29
Note:
Part 7 of the Regulatory Powers Act creates a framework for using
30
injunctions to enforce provisions.
31
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 7
Injunctions
Section 217
202
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Authorised person
1
(2) For the purposes of Part 7 of the Regulatory Powers Act, each
2
person mentioned in column 1 of an item of the following table is
3
an authorised person in relation to a provision mentioned in
4
column 2 of the item.
5
6
Authorised person
Item
Column 1
Authorised person
Column 2
Provisions
1
The CEO
(a) subsections 15(3) and (4);
(b) subsections 77(2) and (3);
(c) subsections 78(2) and (3);
(d) subsections 116(4) and (5);
(e) subsections 118(2) and (3);
(f) subsections 123(2), (3) and (4);
(g) subsections 128(2), (3) and (4);
(h) subsection 135(1);
(i) subsections 139(1), (3), (5) and
(7);
(j) subsections 141(4), (5), (6) and
(7);
(k) section 148;
(l) subsection 150(1);
(m) subsections 201(6) and (7);
(n) subsections 203(2) and (3);
(o) subsection 205(7);
(p) subsection 207(6);
(q) subsections 210(2) and (3);
(r) subsection 211(3).
2
The Registrar
(a) subsections 168(2) and (3);
(b) subsections 267(2) and (3);
(c) subsections 270(2) and (3);
(d) section 276;
(e) section 277;
Administration
Chapter 5
Compliance and enforcement
Part 4
Injunctions
Division 7
Section 217
No. , 2021
Offshore Electricity Infrastructure Bill 2021
203
Authorised person
Item
Column 1
Authorised person
Column 2
Provisions
(f) section 278.
1
Relevant court
2
(3) For the purposes of Part 7 of the Regulatory Powers Act, each of
3
the following courts is a relevant court in relation to the provisions
4
mentioned in subsection (1):
5
(a) the Federal Court;
6
(b) the Federal Circuit and Family Court of Australia
7
(Division 2);
8
(c) the Supreme Court of a State or Territory.
9
Consent injunctions
10
(4) A relevant court may grant an injunction under Part 7 of the
11
Regulatory Powers Act in relation to a provision mentioned in
12
subsection (1) by consent of all the parties to proceedings brought
13
under that Part, whether or not the court is satisfied that
14
section 121 of that Act applies.
15
Extension to Commonwealth offshore area
16
(5) Part 7 of the Regulatory Powers Act, as that Part applies in relation
17
to
the provisions mentioned in subsection (1), extends to the
18
Commonwealth offshore area.
19
Extension to external Territories
20
(6) Part 7 of the Regulatory Powers Act, as that Part applies in relation
21
to
the provisions mentioned in subsection (1), extends to every
22
external Territory to which this Act extends.
23
Note:
For the external Territories to which this Act extends, see section 5.
24
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 8
Enforceable undertakings
Section 218
204
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 8--Enforceable undertakings
1
218 Enforceable undertakings
2
Enforceable provisions
3
(1) The following provisions are enforceable
under Part 6 of the
4
Regulatory Powers Act:
5
(a) subsections 77(2) and (3);
6
(b) subsections 78(2) and (3);
7
(c) subsections 95(2) and (3);
8
(d) section 110;
9
(e) subsections 116(4) and (5);
10
(f) subsections 118(2) and (3);
11
(g) subsections 123(2), (3) and (4);
12
(h) subsections 128(2), (3) and (4);
13
(i) subsection 135(1);
14
(j) subsections 141(4), (5), (6) and (7);
15
(k) section 148;
16
(l) subsection 150(1);
17
(m) subsections 168(2) and (3);
18
(n) subsections 201(6) and (7);
19
(o) subsections 203(2) and (3);
20
(p) subsection 205(7);
21
(q) subsection 207(6);
22
(r) subsections 210(2) and (3);
23
(s) subsection 211(3);
24
(t) subsections 267(2) and (3);
25
(u) subsections 270(2) and (3);
26
(v) section 276;
27
(w) section 277;
28
(x) section 278;
29
(y) the following provisions of the Work Health and Safety Act
30
as applied by Part 1 of Chapter 6 of this Act:
31
Administration
Chapter 5
Compliance and enforcement
Part 4
Enforceable undertakings
Division 8
Section 218
No. , 2021
Offshore Electricity Infrastructure Bill 2021
205
(i) subsection 31(1);
1
(ii) section 32;
2
(iii) section 33;
3
(iv) subsections 38(1) and (7);
4
(v) subsection 39(1);
5
(vi) section 273.
6
Note:
Part 6 of the Regulatory Powers Act creates a framework for
7
accepting and enforcing undertakings relating to compliance with
8
provisions.
9
Authorised person
10
(2) For the purposes of Part 6 of the Regulatory Powers Act, each
11
person mentioned in column 1 of an item of the following table is
12
an authorised person in relation to a provision mentioned in
13
column 2 of the item.
14
15
Authorised person
Item
Column 1
Authorised person
Column 2
Provisions
1
The CEO
(a) subsections 77(2) and (3);
(b) subsections 78(2) and (3);
(c) subsections 116(4) and (5);
(d) subsections 118(2) and (3);
(e) subsections 123(2), (3) and (4);
(f) subsections 128(2), (3) and (4);
(g) subsection 135(1);
(h) subsections 141(4), (5), (6) and
(7);
(i) section 148;
(j) subsection 150(1);
(k) subsections 201(6) and (7);
(l) subsections 203(2) and (3);
(m) subsection 205(7);
(n) subsection 207(6);
(o) subsections 210(2) and (3);
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 8
Enforceable undertakings
Section 218
206
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Authorised person
Item
Column 1
Authorised person
Column 2
Provisions
(p) subsection 211(3);
(q) the provisions mentioned in
paragraph (1)(y) of this section.
2
The Registrar
(a) subsections 95(2) and (3);
(b) section 110;
(c) subsections 168(2) and (3);
(d) subsections 267(2) and (3);
(e) subsections 270(2) and (3);
(f) section 276;
(g) section 277;
(h) section 278.
1
Relevant court
2
(3) For the purposes of Part 6 of the Regulatory Powers Act, each of
3
the following courts is a relevant court in relation to the provisions
4
mentioned in subsection (1):
5
(a) the Federal Court;
6
(b) the Federal Circuit and Family Court of Australia
7
(Division 2);
8
(c) the Supreme Court of a State or Territory.
9
When undertaking must not be accepted
10
(4) An authorised person (within the meaning of Part 6 of the
11
Regulatory Powers Act) must not accept an undertaking that was
12
given by a person (the
first person
) under section 114 of that Act
13
in response to an alleged contravention of a listed WHS law if:
14
(a) the alleged contravention contributed, or may have
15
contributed, to the death of another person; or
16
(b) the alleged contravention involved recklessness (within the
17
meaning of the
Criminal Code
); or
18
Administration
Chapter 5
Compliance and enforcement
Part 4
Enforceable undertakings
Division 8
Section 219
No. , 2021
Offshore Electricity Infrastructure Bill 2021
207
(c) during the previous 5 years, the first person has been
1
convicted of a WHS offence that contributed to the death of
2
another person; or
3
(d) both:
4
(i) during the previous 10 years, the first person has been
5
convicted of 2 or more WHS offences; and
6
(ii) at least 2 of those convictions arose from separate
7
investigations.
8
(5) Subsection (4) does not apply if there are exceptional
9
circumstances.
10
(6) For the purposes of subsection (4),
WHS offence
means an offence
11
against a listed WHS law.
12
Note:
For the
listed WHS laws
, see section 221.
13
Extension to Commonwealth offshore area
14
(7) Part 6 of the Regulatory Powers Act, as that Part applies in relation
15
to
the provisions mentioned in subsection (1), extends to the
16
Commonwealth offshore area.
17
Extension to external Territories
18
(8) Part 6 of the Regulatory Powers Act, as that Part applies in relation
19
to
the provisions mentioned in subsection (1), extends to every
20
external Territory to which this Act extends.
21
Note:
For the external Territories to which this Act extends, see section 5.
22
219 Publication of enforceable undertakings
23
CEO
24
(1) If:
25
(a) the CEO is an authorised person in relation to a provision
26
mentioned in subsection 218(1); and
27
(b) a person has given an undertaking under section 114 of the
28
Regulatory Powers Act in relation to the provision; and
29
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 8
Enforceable undertakings
Section 220
208
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(c) the undertaking has been accepted by the CEO under
1
section 114 of the Regulatory Powers Act; and
2
(d) the undertaking has not been withdrawn or cancelled;
3
the CEO must cause the undertaking to be published on the
4
Regulator's website.
5
(2) If an undertaking contains personal information (within the
6
meaning of the
Privacy Act 1988
), the CEO must take such steps as
7
are reasonable in the circumstances to ensure that the information
8
is de-identified before the undertaking is published under
9
subsection (1).
10
Registrar
11
(3) If:
12
(a) the Registrar is an authorised person in relation to a provision
13
mentioned in subsection 218(1); and
14
(b) a person has given an undertaking under section 114 of the
15
Regulatory Powers Act in relation to the provision; and
16
(c) the undertaking has been accepted by the Registrar under
17
section 114 of the Regulatory Powers Act; and
18
(d) the undertaking has not been withdrawn or cancelled;
19
the Registrar must publish the undertaking on the Department's
20
website.
21
(4) If an undertaking contains personal information (within the
22
meaning of the
Privacy Act 1988
), the Registrar must take such
23
steps as are reasonable in the circumstances to ensure that the
24
information is de-identified before the undertaking is published
25
under subsection (3).
26
220 Compliance with enforceable undertaking
27
A person commits an offence if:
28
(a) the person has given an undertaking under section 114 of the
29
Regulatory Powers Act in relation to a provision mentioned
30
in subsection 218(1) of this Act; and
31
(b) the undertaking has been accepted under section 114 of the
32
Regulatory Powers Act; and
33
Administration
Chapter 5
Compliance and enforcement
Part 4
Enforceable undertakings
Division 8
Section 221
No. , 2021
Offshore Electricity Infrastructure Bill 2021
209
(c) the undertaking has not been withdrawn or cancelled; and
1
(d) the person engages in conduct; and
2
(e) the person's conduct breaches the undertaking.
3
Penalty: 250 penalty units.
4
221 Listed WHS laws
5
(1) The following provisions are the
listed WHS laws
for the purposes
6
of this Act:
7
(a) section 135 or 139, to the extent to which the conduct
8
prohibited by that section results in:
9
(i) damage to, or interference with, offshore renewable
10
energy infrastructure or offshore electricity transmission
11
infrastructure; or
12
(ii) interference with any operations or activities being
13
carried out, or any works being executed, on, by means
14
of, or in connection with, offshore renewable energy
15
infrastructure or offshore electricity transmission
16
infrastructure;
17
where the damage or interference, as the case may be, affects,
18
or has the potential to affect, the health or safety of members
19
of the workforce at offshore renewable energy infrastructure
20
or offshore electricity transmission infrastructure;
21
(b) prescribed regulations, or a prescribed provision of
22
regulations, made under this Act;
23
(c) the Work Health and Safety Act as it applies under Part 1 of
24
Chapter 6 of this Act;
25
(d) prescribed regulations, or a prescribed provision of
26
regulations, made under the Work Health and Safety Act as it
27
applies under Part 1 of Chapter 6 of this Act.
28
(2) A
listed WHS law
includes a requirement made under a provision
29
listed in subsection (1).
30
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 9
Adverse publicity orders
Section 222
210
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 9--Adverse publicity orders
1
222 Adverse publicity orders
2
Scope
3
(1) This section applies if a court:
4
(a) finds a body corporate guilty of an offence against a
5
provision of this Act, whether or not the court convicts the
6
body corporate of the offence; or
7
(b) finds a body corporate guilty of an offence against section 6
8
of the
Crimes Act 1914
(whether or not the court convicts the
9
body corporate of the offence) in relation to an offence
10
referred to in paragraph (a) of this subsection; or
11
(c) orders a body corporate to pay a civil penalty for a
12
contravention of a provision of this Act.
13
Note:
For ancillary offences, see section 11.6 of the
Criminal Code
.
14
Order by court
15
(2) The court may make an order (an
adverse publicity order
):
16
(a) on the application of the person prosecuting the offence or
17
taking the action to obtain a civil penalty order; and
18
(b) in addition to any penalty that may be imposed or any other
19
action that may be taken in relation to the offence or
20
contravention.
21
An application may only be made within 6 years after the
22
commission of the offence or the contravention.
23
(3) An adverse publicity order may require the body:
24
(a) to take either or both of the following actions within the
25
period specified in the order:
26
(i) to publicise, in the way specified in the order, the
27
offence or civil penalty order, its consequences, the
28
penalty imposed and any other related matter;
29
(ii) to notify a specified person or specified class of persons,
30
in the way specified in the order, of the offence or civil
31
Administration
Chapter 5
Compliance and enforcement
Part 4
Adverse publicity orders
Division 9
Section 222
No. , 2021
Offshore Electricity Infrastructure Bill 2021
211
penalty order, its consequences, the penalty imposed
1
and any other related matter; and
2
(b) to give the Regulator or the Registrar (as specified in the
3
order), within 7 days after the end of the period specified in
4
the order, evidence that the action or actions were taken by
5
the body in accordance with the order.
6
Failing to give evidence
7
(4) If the body fails to give evidence in accordance with
8
paragraph (3)(b), the Regulator or the Registrar (as the case
9
requires) may take the action or actions specified in the order.
10
Action not in accordance with order
11
(5) The Regulator or the Registrar (as the case requires) (the
12
applicant
) may apply to a court for an order authorising the
13
applicant, or a person authorised in writing by the applicant, to take
14
the action or actions if:
15
(a) the body gives evidence to the applicant in accordance with
16
paragraph (3)(b); but
17
(b) despite that evidence, the applicant is not satisfied that the
18
body has taken the action or actions specified in the order in
19
accordance with the order.
20
(6) If the Regulator takes one or more actions under subsection (4) or
21
actions authorised by an order under subsection (5), the Regulator
22
is entitled to recover from the body, by action in a court, an amount
23
in relation to the reasonable expenses of taking the actions as a
24
debt due to the Regulator.
25
(7) If the Registrar takes one or more actions under subsection (4) or
26
actions authorised by an order under subsection (5), the Registrar is
27
entitled to recover from the body, by action in a court, an amount
28
in relation to the reasonable expenses of taking the actions as a
29
debt due to the Registrar on behalf of the Commonwealth.
30
Chapter 5
Administration
Part 4
Compliance and enforcement
Division 10
Miscellaneous
Section 223
212
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 10--Miscellaneous
1
223 Physical elements of offences
2
(1) This section applies if a provision of this Act provides that a person
3
contravening another provision of this Act (the
conduct rule
4
provision
) commits an offence.
5
(2) For the purposes of applying Chapter 2 of the
Criminal Code
to the
6
offence, the physical elements of the offence are set out in the
7
conduct rule provision.
8
Note:
Chapter 2 of the
Criminal Code
sets out general principles of criminal
9
responsibility.
10
224 Contravening offence and civil penalty provisions
11
(1) This section applies if a provision of this Act provides that a person
12
contravening another provision of this Act (the
conduct provision
)
13
commits an offence or is liable to a civil penalty.
14
(2) For the purposes of this Act, and the Regulatory Powers Act to the
15
extent that it relates to this Act, a reference to a contravention of an
16
offence provision or a civil penalty provision includes a reference
17
to a contravention of the conduct provision.
18
Application of work health and safety laws and other laws
Chapter 6
Work Health and Safety
Part 1
Introduction
Division 1
Section 225
No. , 2021
Offshore Electricity Infrastructure Bill 2021
213
Chapter 6--Application of work health and
1
safety laws and other laws
2
Part 1--Work Health and Safety
3
Division 1--Introduction
4
225 Simplified outline of this Part
5
The
Work Health and Safety Act 2011
applies, with some
6
modifications, in relation to offshore infrastructure activities and
7
other things done under this Act. Regulations made under this Act
8
may also provide for regulations made under the
Work Health and
9
Safety Act 2011
to apply in the same way.
10
This Part mostly applies the
Work Health and Safety Act 2011
to
11
matters in the Commonwealth offshore area. However, some
12
provisions also apply onshore, including certain duties of persons
13
conducting businesses or undertakings.
14
The Regulator and OEI inspectors have various functions and
15
powers under the
Work Health and Safety Act 2011
as applied by
16
this Part.
17
Chapter 6
Application of work health and safety laws and other laws
Part 1
Work Health and Safety
Division 2
Application of the Work Health and Safety Act 2011
Section 226
214
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 2--Application of the Work Health and Safety Act
1
2011
2
226 Application of the
Work Health and Safety Act 2011
3
The
Work Health and Safety Act 2011
(the
Work Health and
4
Safety
Act
), as modified by this Part, applies in relation to any of
5
the following carried out in the Commonwealth offshore area:
6
(a) work in the nature of offshore infrastructure activities;
7
(b) any other work carried out, or purportedly carried out, under
8
a licence;
9
(c) any other work carried out, or purportedly carried out, in
10
accordance with a requirement under this Act.
11
Note:
The provisions of the Work Health and Safety Act, and (subject to
12
section 243 of this Act) regulations made under that Act, as applied by
13
this Part are the
applied work health and safety provisions
(see
14
section 8 of this Act).
15
227 References to Comcare
16
(1) The Work Health and Safety Act applies as if a reference to
17
Comcare were a reference to the Regulator (within the meaning of
18
this Act).
19
(2) A reference in this Act to the Regulator's functions or powers
20
under this Act includes a reference to any functions or powers of
21
the Regulator under the Work Health and Safety Act as applied by
22
this Part.
23
228 Section 4 (definitions)
24
Section 4 of the Work Health and Safety Act applies as if the
25
following definitions were included in that section:
26
Commonwealth offshore area
has the same meaning as in the
27
Offshore Electricity Infrastructure Act 2021
.
28
management plan
has the same meaning as in the
Offshore
29
Electricity Infrastructure Act 2021
.
30
Application of work health and safety laws and other laws
Chapter 6
Work Health and Safety
Part 1
Application of the Work Health and Safety Act 2011
Division 2
Section 229
No. , 2021
Offshore Electricity Infrastructure Bill 2021
215
regulated offshore activities
means any of the following carried
1
out in the Commonwealth offshore area:
2
(a) work in the nature of offshore infrastructure activities (within
3
the meaning of the
Offshore Electricity Infrastructure Act
4
2021
);
5
(b) any other work carried out, or purportedly carried out, under
6
a licence in force under the
Offshore Electricity
7
Infrastructure Act 2021
;
8
(c) any other work carried out, or purportedly carried out, in
9
accordance with a requirement under the
Offshore Electricity
10
Infrastructure Act 2021
or regulations made for the purposes
11
of that Act.
12
related onshore premises
, in relation to particular regulated
13
offshore activities, means premises where records relating to the
14
regulated offshore activities are required to be kept under a
15
provision of a management plan mentioned in paragraph 115(1)(f)
16
of the
Offshore Electricity Infrastructure Act 2021
.
17
229 Section 4 (definition of
inspector
)
18
Section 4 of the Work Health and Safety Act applies as if the
19
definition of
inspector
were substituted with the following
20
definition:
21
inspector
means an OEI inspector (within the meaning of the
22
Offshore Electricity Infrastructure Act 2021
).
23
230 Section 12 (scope)
24
Section 12 of the Work Health and Safety Act applies as if the
25
following subsections were inserted after subsection (9) of that
26
section:
27
Regulated offshore activities
28
(9A) This Act also applies in relation to regulated offshore activities.
29
Chapter 6
Application of work health and safety laws and other laws
Part 1
Work Health and Safety
Division 2
Application of the Work Health and Safety Act 2011
Section 231
216
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(9B) However, subsection (9A) does not apply this Act in relation to
1
work carried out on, or from, a vehicle, vessel, aircraft or other
2
mobile structure:
3
(a) before it arrives at a site where it is to be used for regulated
4
offshore activities, and any activities necessary to make it
5
operational at the site have begun; or
6
(b) after regulated offshore activities cease, and the vehicle,
7
vessel, aircraft or other mobile structure is returned to a form
8
in which it can be moved to another place.
9
231 Section 12A (Act does not apply to certain vessels, structures
10
and facilities)
11
Section 12A of the Work Health and Safety Act applies as if
12
subsection (1) of that section had not been enacted.
13
232 Division 3 of Part 2 (further duties of persons conducting
14
businesses or undertakings)
15
A provision of Division 3 of Part 2 of the Work Health and Safety
16
Act applies to a person in relation to a workplace in the
17
Commonwealth offshore area whether or not the person is in the
18
Commonwealth offshore area.
19
233 Section 37 (what is a
dangerous incident
)
20
Section 37 of the Work Health and Safety Act applies as if
21
paragraph (g) of that section were substituted with the following
22
paragraph:
23
(g) the collapse, overturning, failure or malfunction of, or
24
damage to, any plant; or
25
234 Section 90 (provisional improvement notices)
26
Section 90 of the Work Health and Safety Act applies as if the
27
following subsection were inserted after subsection (1) of that
28
section:
29
(1A) This section also applies if:
30
Application of work health and safety laws and other laws
Chapter 6
Work Health and Safety
Part 1
Application of the Work Health and Safety Act 2011
Division 2
Section 235
No. , 2021
Offshore Electricity Infrastructure Bill 2021
217
(a) a health and safety representative reasonably believes that a
1
person:
2
(i) is contravening a requirement of a management plan; or
3
(ii) has contravened a requirement of a management plan in
4
circumstances that make it likely that the contravention
5
will continue or be repeated; and
6
(b) either:
7
(i) the requirement is in connection with the health and
8
safety of any person; or
9
(ii) the contravention involves a risk to the health and safety
10
of any person.
11
235 Section 92 (contents of provisional improvement notice)
12
Section 92 of the Work Health and Safety Act applies as if it were
13
substituted with the following section:
14
92 Contents of provisional improvement notice
15
A provisional improvement notice must state:
16
(a) that the health and safety representative believes the person:
17
(i) is contravening a provision of this Act, or a requirement
18
of a management plan; or
19
(ii) has contravened a provision of this Act, or a
20
requirement of a management plan, in circumstances
21
that make it likely that the contravention will continue
22
or be repeated; and
23
(b) the provision or requirement the representative believes is
24
being, or has been, contravened; and
25
(c) briefly, how the provision or requirement is being, or has
26
been contravened; and
27
(d) the day, at least 8 days after the notice is issued, by which the
28
person is required to remedy the contravention or likely
29
contravention.
30
Chapter 6
Application of work health and safety laws and other laws
Part 1
Work Health and Safety
Division 2
Application of the Work Health and Safety Act 2011
Section 236
218
Offshore Electricity Infrastructure Bill 2021
No. , 2021
236 Section 102 (decision of inspector on review of provisional
1
improvement notice)
2
Section 102 of the Work Health and Safety Act applies as if:
3
(a) paragraph 102(1)(b) were omitted; and
4
(b) subsection 102(3) were substituted with the following
5
subsection:
6
(3) If the inspector confirms the provisional improvement notice:
7
(a) the provisional improvement notice ceases to be in force; and
8
(b) the inspector must consider whether to issue an improvement
9
notice under section 209 of the
Offshore Electricity
10
Infrastructure Act 2021
.
11
237 Part 7 (workplace entry by WHS entry permit holders)
12
(1) Part 7 of the Work Health and Safety Act applies in relation to a
13
workplace that is related onshore premises in relation to particular
14
regulated offshore activities.
15
(2) For the purposes of that application, section 116 of the Work
16
Health and Safety Act applies as if the definition of
relevant
17
worker
were substituted with the following definition:
18
relevant worker
, in relation to a workplace that is related onshore
19
premises in relation to particular regulated offshore activities,
20
means a worker:
21
(a) who is a member, or eligible to be a member, of a relevant
22
union; and
23
(b) whose industrial interests the relevant union is entitled to
24
represent; and
25
(c) who works at a workplace in the Commonwealth offshore
26
area where the regulated offshore activities are carried out.
27
(3) Part 7 of the Work Health and Safety Act, as applied by this Part,
28
does not otherwise apply to related onshore premises or in relation
29
to regulated offshore activities.
30
Application of work health and safety laws and other laws
Chapter 6
Work Health and Safety
Part 1
Application of the Work Health and Safety Act 2011
Division 2
Section 238
No. , 2021
Offshore Electricity Infrastructure Bill 2021
219
238 Parts 8 to 11
1
The Work Health and Safety Act applies as if the following Parts
2
of that Act had not been enacted:
3
(a) Part 8 (the regulator);
4
(b) Part 9 (securing compliance);
5
(c) Part 10 (enforcement measures);
6
(d) Part 11 (enforceable undertakings).
7
239 Division 1 of Part 14 (general provisions)
8
The following provisions of the Work Health and Safety Act do
9
not apply:
10
(a) section 270 (immunity from liability);
11
(b) section 271 (confidentiality of information);
12
(c) paragraphs 273A(1)(c) and (d).
13
240 Section 274 (approved codes of practice)
14
Section 274 of the Work Health and Safety Act applies as if it were
15
substituted with the following section:
16
274 Approved codes of practice
17
(1) The regulations may prescribe codes of practice in relation to
18
persons conducting businesses or undertakings that involve work in
19
the nature of offshore infrastructure activities that is carried out in
20
the Commonwealth offshore area.
21
(2) A code of practice prescribed for the purposes of subsection (1) is
22
taken to be an approved code of practice for the purposes of this
23
Act.
24
(3) A person is not liable to any civil or criminal proceedings for
25
contravening a code of practice.
26
Chapter 6
Application of work health and safety laws and other laws
Part 1
Work Health and Safety
Division 2
Application of the Work Health and Safety Act 2011
Section 241
220
Offshore Electricity Infrastructure Bill 2021
No. , 2021
241 Schedule 2 (the regulator and local tripartite consultation
1
arrangements and other local arrangements)
2
Schedule 2 to the Work Health and Safety Act does not apply.
3
242 Schedule 3 (regulation-making powers)
4
Schedule 3 of the Work Health and Safety Act applies as if
5
clause 11 of that Schedule had not been enacted.
6
243 Regulations under the Work Health and Safety Act
7
(1) The regulations made under the Work Health and Safety Act do
8
not apply for the purposes of that Act as applied by this Part.
9
(2) However, regulations made for the purposes of this Act may:
10
(a) prescribe provisions of regulations made under the Work
11
Health and Safety Act that apply for the purposes of that Act
12
as applied by this Part; and
13
(b) prescribe modifications of regulations made under the Work
14
Health and Safety Act as they apply for the purposes of that
15
Act as applied by this Part; and
16
(c) make provision for and in relation to matters that may, under
17
the Work Health and Safety Act as applied by this Part, be
18
provided for by regulations made under that Act.
19
Application of work health and safety laws and other laws
Chapter 6
Work Health and Safety
Part 1
Other work health and safety provisions
Division 3
Section 244
No. , 2021
Offshore Electricity Infrastructure Bill 2021
221
Division 3--Other work health and safety provisions
1
244 Functions and powers of OEI inspectors
2
The functions and powers of an OEI inspector under this Act
3
include the following:
4
(a) to assist in the resolution of:
5
(i) work health and safety issues at workplaces (within the
6
meaning of the applied work health and safety
7
provisions); and
8
(ii) issues related to access to a workplace by an assistant to
9
a health and safety representative (within the meaning
10
of the applied work health and safety provisions);
11
(b) to review disputed provisional improvement notices.
12
Chapter 6
Application of work health and safety laws and other laws
Part 2
Application of State and Territory laws in Commonwealth offshore area
Division 1
Introduction
Section 245
222
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Part 2--Application of State and Territory laws in
1
Commonwealth offshore area
2
Division 1--Introduction
3
245 Simplified outline of this Part
4
The general body of laws in force in a State or Territory applies, as
5
laws of the Commonwealth, to offshore infrastructure activities in
6
that part of the Commonwealth offshore area that is included in the
7
offshore area of that State or Territory for the purposes of the
8
Offshore Petroleum and Greenhouse Gas Storage Act 2006
.
9
246 Laws that this Part applies to
10
This Part applies to laws including:
11
(a) written laws; and
12
(b) unwritten laws (for example, the common law); and
13
(c) instruments having effect under laws.
14
247 Meaning of
included offshore area
of a State or Territory
15
For the purposes of this Act, the
included offshore area
of a State
16
or Territory is the offshore area of the State or Territory, within the
17
meaning of the
Offshore Petroleum and Greenhouse Gas Storage
18
Act 2006
, to the extent that that area is within the Commonwealth
19
offshore area.
20
Application of work health and safety laws and other laws
Chapter 6
Application of State and Territory laws in Commonwealth offshore area
Part 2
Application of State and Territory laws
Division 2
Section 248
No. , 2021
Offshore Electricity Infrastructure Bill 2021
223
Division 2--Application of State and Territory laws
1
248 Application of State and Territory laws in offshore areas
2
(1) The laws in force in a State or Territory (other than laws of the
3
Commonwealth) apply, as provided by this section, as laws of the
4
Commonwealth in the included offshore area of that State or
5
Territory as if that area were:
6
(a) part of that State or Territory; and
7
(b) part of the Commonwealth.
8
Note:
See also sections 249 to 256.
9
(2) For the purposes of this Act, the provisions of laws applied under
10
subsection (1) are the
applied State and Territory
provisions
.
11
(3) Subsection (1) has effect subject to this Act.
12
(4) The laws referred to in subsection (1) apply in relation to acts,
13
omissions, matters, circumstances and things touching, concerning,
14
arising out of or connected with:
15
(a) offshore infrastructure activities in the included offshore
16
area; or
17
(b) any other activities carried out in the included offshore area
18
under a licence; or
19
(c) any other activities that this Act requires to be carried out in
20
the included offshore area.
21
(5) The laws referred to in subsection (1) apply:
22
(a) to and in relation to:
23
(i) an act or omission that takes place in, on, above, below
24
or in the vicinity of; and
25
(ii) a matter, circumstance or thing that exists or arises in
26
relation to or in connection with;
27
a vessel, aircraft, structure or installation, or equipment or
28
other property, that is in the included offshore area for any
29
reason touching, concerning, arising out of or connected
30
with:
31
Chapter 6
Application of work health and safety laws and other laws
Part 2
Application of State and Territory laws in Commonwealth offshore area
Division 2
Application of State and Territory laws
Section 249
224
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(iii) offshore infrastructure activities in the included offshore
1
area; or
2
(iv) any other activities carried out in the included offshore
3
area under a licence; or
4
(v) any other activities that this Act requires to be carried
5
out in the included offshore area; and
6
(b) to and in relation to a person who:
7
(i) is in the included offshore area for a reason of the kind
8
referred to in paragraph (a); or
9
(ii) is in, on, above, below or in the vicinity of a vessel,
10
aircraft, structure or installation, or equipment or other
11
property, that is in the included offshore area for a
12
reason of the kind referred to in paragraph (a); and
13
(c) to and in relation to a person in relation to:
14
(i) the carrying on by the person of any operation; or
15
(ii) the doing by the person of any work;
16
in the included offshore area for a reason of the kind referred
17
to in paragraph (a).
18
(6) Subsection (5) does not limit subsection (4).
19
(7) For the purposes of this section, a law is taken to be a law in force
20
in a State or Territory even though that law applies to only part of
21
that State or Territory.
22
249 Disapplication and modification of laws
23
(1) The regulations may provide that a law:
24
(a) does not apply by reason of section 248 in an included
25
offshore area; or
26
(b) applies by reason of section 248 in an included offshore area
27
with such modifications as are specified in the regulations.
28
(2) For the purposes of subsection (1),
modifications
includes
29
additions, omissions and substitutions.
30
(3) Regulations made for the purposes of subsection (1) may make
31
provision for, and in relation to:
32
(a) investing a court of a State with federal jurisdiction; or
33
Application of work health and safety laws and other laws
Chapter 6
Application of State and Territory laws in Commonwealth offshore area
Part 2
Application of State and Territory laws
Division 2
Section 250
No. , 2021
Offshore Electricity Infrastructure Bill 2021
225
(b) conferring jurisdiction on a court of a Territory.
1
250 Limit on application of laws
2
Section 248 does not give to the provisions of a law of a State or
3
the Northern Territory an operation, as a law of the
4
Commonwealth, that they would not have, as a law of the State or
5
the Northern Territory, if it were assumed that the included
6
offshore area of the State or the Northern Territory were within the
7
coastal waters of the State or the Northern Territory.
8
251 Inconsistent law not applied
9
Section 248 does not apply to a law in so far as the law would be
10
inconsistent with a law of the Commonwealth (including this Act).
11
252 Criminal laws not applied
12
(1) Section 248 does not apply to laws that are substantive criminal
13
laws, or laws of criminal investigation, procedure and evidence,
14
within the meaning of Schedule 1 to the
Crimes at Sea Act 2000
.
15
(2) This Act does not detract from the operation of the
Crimes at Sea
16
Act 2000
.
17
253 Tax laws not applied
18
Section 248 does not operate so as to impose a tax.
19
254 Appropriation law not applied
20
Section 248 does not operate so as to appropriate any public money
21
of a Territory.
22
255 Applied laws not to confer Commonwealth judicial power
23
Section 248 does not operate so as to confer the judicial power of
24
the Commonwealth on a court, tribunal, authority or officer of a
25
State or Territory.
26
Chapter 6
Application of work health and safety laws and other laws
Part 2
Application of State and Territory laws in Commonwealth offshore area
Division 2
Application of State and Territory laws
Section 256
226
Offshore Electricity Infrastructure Bill 2021
No. , 2021
256 Applied laws not to contravene constitutional restrictions on
1
conferral of powers on courts
2
Section 248 does not operate so as to confer on a court of a State or
3
Territory a power that cannot, under the Constitution, be conferred
4
by the Parliament on such a court.
5
257 No limits on ordinary operation of law
6
This Part does not limit the operation that a law has apart from this
7
Part.
8
258 Jurisdiction of State courts
9
(1) The courts of a State are invested with federal jurisdiction in all
10
matters arising under the laws applied under section 248 in the
11
included offshore area of the State.
12
(2) Jurisdiction is invested under subsection (1) within the limits (other
13
than the limits of locality) of the jurisdiction of the court (whether
14
those limits are limits as to subject matter or otherwise).
15
259 Jurisdiction of Territory courts
16
(1) Jurisdiction is conferred on the courts that have jurisdiction in a
17
Territory in all matters arising out of the laws applied under
18
section 248 in the included offshore area of the Territory.
19
(2) Jurisdiction is conferred under subsection (1) within the limits
20
(other than the limits of locality) of the jurisdiction of the court
21
(whether those limits are limits as to subject matter or otherwise).
22
260 Validation of certain acts
23
If:
24
(a) a person or a court does an act in the purported exercise of a
25
power, or the purported performance of a function, under a
26
law of a State or Territory; and
27
Application of work health and safety laws and other laws
Chapter 6
Application of State and Territory laws in Commonwealth offshore area
Part 2
Application of State and Territory laws
Division 2
Section 261
No. , 2021
Offshore Electricity Infrastructure Bill 2021
227
(b) the act could have been done by the person or court in the
1
exercise of a power, or the performance of a function, under
2
the applied State and Territory provisions;
3
the act is taken to have been done in the exercise of the power, or
4
performance of the function, under the applied State and Territory
5
provisions.
6
261 Certain provisions not affected by this Part
7
The other provisions of this Act have effect despite anything in this
8
Part.
9
Chapter 7
Information relating to offshore infrastructure
Part 1
Managing data and gathering information
Division 1
Introduction
Section 262
228
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Chapter 7--Information relating to offshore
1
infrastructure
2
Part 1--Managing data and gathering information
3
Division 1--Introduction
4
262 Simplified outline of this Part
5
The Registrar may direct a person involved in offshore
6
infrastructure activities to keep records.
7
The regulations may make provision for data management.
8
The Registrar or an OEI inspector may obtain information or
9
documents.
10
Information relating to offshore infrastructure
Chapter 7
Managing data and gathering information
Part 1
Data management
Division 2
Section 263
No. , 2021
Offshore Electricity Infrastructure Bill 2021
229
Division 2--Data management
1
263 Data management directions--offshore infrastructure activities
2
(1) This section applies if a person is, has been, or is intending to be,
3
involved in offshore infrastructure activities or other activities
4
carried out under this Act in the Commonwealth offshore area.
5
(2) The Registrar may give the person a direction (a
data management
6
direction
) requiring the person to:
7
(a) keep such accounts, records and other documents in
8
connection with the activities as are specified in the notice; or
9
(b) give such reports, returns and other documents as are
10
specified in the notice to:
11
(i) the Registrar; or
12
(ii) a person specified in the notice.
13
264 Data management directions--merit criteria
14
(1) This section applies if a person holds, has held, or is intending to
15
hold a licence.
16
(2) The Registrar may give the person a direction (a
data management
17
direction
) requiring the person to:
18
(a) keep such accounts, records and other documents in
19
connection with whether the licence meets the merit criteria
20
as are specified in the notice; or
21
(b) give such reports, returns and other documents as are
22
specified in the notice to:
23
(i) the Registrar; or
24
(ii) a person specified in the notice.
25
265 Data management directions--giving a data management
26
direction
27
(1) A data management direction imposing a requirement on a person
28
must:
29
(a) be given to the person in writing; and
30
Chapter 7
Information relating to offshore infrastructure
Part 1
Managing data and gathering information
Division 2
Data management
Section 266
230
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(b) if the direction is to give reports, returns or other
1
documents--specify the manner in which they must be
2
given.
3
(2) A data management direction is not a legislative instrument.
4
266 Minister may give directions to Registrar
5
(1) The Minister may give the Registrar directions about the exercise
6
of the Registrar's power to give data management directions.
7
(2) If the Minister's direction is of general application, the Minister's
8
direction is a legislative instrument.
9
(3) If the Minister's direction relates to a particular case, the direction
10
is not a legislative instrument.
11
267 Complying with data management directions
12
(1) A person who is subject to a data management direction must
13
comply with the data management direction.
14
Strict liability offence
15
(2) A person commits an offence of strict liability if the person
16
contravenes subsection (1).
17
Penalty: 100 penalty units.
18
Civil penalty
19
(3) A person is liable to a civil penalty if the person contravenes
20
subsection (1).
21
Civil penalty:
150 penalty units.
22
Continuing offences and continuing contraventions of civil penalty
23
provisions
24
(4) A person who commits an offence against subsection (2) by failing
25
to give reports, returns or other documents commits a separate
26
Information relating to offshore infrastructure
Chapter 7
Managing data and gathering information
Part 1
Data management
Division 2
Section 268
No. , 2021
Offshore Electricity Infrastructure Bill 2021
231
offence in respect of each day (including a day of a conviction for
1
the offence or any later day) during which the offence continues.
2
(5) If a person commits an offence against subsection (2) by failing to
3
give reports, returns or other documents, the maximum penalty for
4
each day on which the offence continues is 10% of the maximum
5
penalty that can be imposed in respect of that offence.
6
(6) A person who contravenes subsection (3) by failing to give reports,
7
returns or other documents commits a separate contravention in
8
respect of each day (including a day of the making of a relevant
9
civil penalty order or any later day) during which the contravention
10
continues.
11
(7) If a person contravenes subsection (3) by failing to give reports,
12
returns or other documents, the maximum civil penalty for each
13
day that the contravention continues is 10% of the maximum civil
14
penalty that can be imposed in respect of that contravention.
15
268 Regulations about data management
16
(1) The regulations may make provision for and in relation to:
17
(a) the keeping of accounts, records and other documents in
18
connection with offshore infrastructure activities and other
19
activities carried out under this Act in the Commonwealth
20
offshore area; and
21
(b) the keeping of accounts, records and other documents in
22
connection with whether a licence meets the merit criteria;
23
and
24
(c) the giving of reports, returns and other documents in
25
connection with the matters in paragraphs (a) and (b) to the
26
Registrar or a specified person.
27
(2) This section has effect in addition to sections 263 and 264.
28
Chapter 7
Information relating to offshore infrastructure
Part 1
Managing data and gathering information
Division 3
Information-gathering
Section 269
232
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 3--Information-gathering
1
269 Information-gathering notices
2
(1) The Registrar or an OEI inspector may give a person a written
3
notice in accordance with subsection (2) if the Registrar or the OEI
4
inspector (as the case may be) reasonably believes that the person
5
has information or a document, or is capable of giving evidence,
6
that relates to:
7
(a) offshore infrastructure activities or other activities carried out
8
under this Act in the Commonwealth offshore area; or
9
(b) whether a licence meets the merit criteria; or
10
(c) whether the person or another person has complied with this
11
Act or the applied work health and safety provisions.
12
(2) The notice may require the person:
13
(a) to give to the Registrar or the OEI inspector, within the
14
period and in the manner specified in the notice, any such
15
information; or
16
(b) to produce to the Registrar or the OEI inspector, within the
17
period and in the manner specified in the notice, any such
18
documents; or
19
(c) to make copies of any such documents and to produce to the
20
Registrar or the OEI inspector, within the period and in the
21
manner specified in the notice, those copies; or
22
(d) if the person is an individual--to appear before the Registrar
23
or the OEI inspector at a time and place specified in the
24
notice to:
25
(i) give any such evidence, either orally or in writing; and
26
(ii) produce any such documents; or
27
(e) if the person is a body corporate--to cause a competent
28
officer of the body to appear before the Registrar or the OEI
29
inspector at a time and place specified in the notice to:
30
(i) give any such evidence, either orally or in writing; and
31
(ii) produce any such documents.
32
Information relating to offshore infrastructure
Chapter 7
Managing data and gathering information
Part 1
Information-gathering
Division 3
Section 270
No. , 2021
Offshore Electricity Infrastructure Bill 2021
233
(3) A period specified under paragraph (2)(a), (b) or (c) must not end
1
earlier than 14 days after the notice is given.
2
(4) A time specified under paragraph (2)(d) or (e) must not be earlier
3
than 14 days after the notice is given.
4
Notice must set out effect of offence and civil penalty provisions
5
(5) A notice under subsection (1) must set out the effect of the
6
following provisions:
7
(a) section 270 (complying with information-gathering notices);
8
(b) section 276 (false or misleading information);
9
(c) section 277 (false or misleading documents);
10
(d) section 278 (false or misleading evidence).
11
270 Complying with information-gathering notice
12
(1) A person contravenes this subsection if:
13
(a) the person is given a notice under subsection 269(1)
14
containing a requirement under subsection 269(2); and
15
(b) the person engages in conduct; and
16
(c) the person's conduct breaches the requirement.
17
Fault-based offence
18
(2) A person commits an offence if the person contravenes
19
subsection (1).
20
Penalty: 100 penalty units.
21
Civil penalty
22
(3) A person is liable to a civil penalty if the person contravenes
23
subsection (1).
24
Civil penalty:
150 penalty units.
25
Chapter 7
Information relating to offshore infrastructure
Part 1
Managing data and gathering information
Division 3
Information-gathering
Section 271
234
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Continuing offences and continuing contraventions of civil penalty
1
provisions
2
(4) If a person commits an offence against subsection (1) by
3
contravening a requirement mentioned in paragraph 269(2)(a), (b)
4
or (c), the maximum penalty for each day on which the offence
5
continues is 10% of the maximum penalty that can be imposed in
6
respect of that offence.
7
Note:
An offence against subsection (1) involving a contravention of a
8
requirement mentioned in paragraph 269(2)(a), (b) or (c) is a
9
continuing offence under section 4K of the
Crimes Act 1914
.
10
(5) If a person contravenes subsection (2) by contravening a
11
requirement mentioned in paragraph 269(2)(a), (b) or (c), the
12
maximum civil penalty for each day that the contravention
13
continues is 10% of the maximum civil penalty that can be
14
imposed in respect of that contravention.
15
Note:
Subsection (2) as it relates to a contravention of a requirement
16
mentioned in paragraph 269(2)(a), (b) or (c) is a continuing civil
17
penalty provision under section 93 of the Regulatory Powers Act.
18
271 Copying documents--reasonable compensation
19
A person is entitled to be paid reasonable compensation for
20
complying with a requirement covered by paragraph 269(2)(c).
21
272 Power to examine on oath or affirmation
22
The Registrar or an OEI inspector may:
23
(a) administer an oath or affirmation to a person required to
24
appear before the Registrar or the OEI inspector under
25
section 269; and
26
(b) examine that person on oath or affirmation.
27
273 Self-incrimination
28
(1) An individual is not excused from giving information or evidence,
29
or producing a document, under section 269 on the ground that
30
giving the information or evidence or producing the document
31
might tend to incriminate the individual in relation to an offence.
32
Information relating to offshore infrastructure
Chapter 7
Managing data and gathering information
Part 1
Information-gathering
Division 3
Section 274
No. , 2021
Offshore Electricity Infrastructure Bill 2021
235
Note:
A body corporate is not entitled to claim the privilege against
1
self-incrimination.
2
(2) If, at general law, an individual would otherwise be able to claim
3
the privilege against self-exposure to a penalty (other than a
4
penalty for an offence) in relation to giving information or
5
evidence or producing a document under section 269, the
6
individual is not excused from giving the information or evidence
7
or producing the document under that provisions on that ground.
8
Note:
A body corporate is not entitled to claim the privilege against
9
self-exposure to a penalty.
10
(3) However:
11
(a) the information or evidence given or document produced;
12
and
13
(b) the giving of the information or evidence or the production of
14
the document;
15
(c) any information, document or thing obtained as a direct or
16
indirect consequence of the giving of the information or
17
evidence or the production of the document;
18
are not admissible in evidence against the individual in:
19
(d) any civil proceedings; or
20
(e) criminal proceedings other than:
21
(i) proceedings for an offence against subsection 270(2) or
22
section 276, 277 or 278; or
23
(ii) proceedings for an offence against section 137.1 or
24
137.2 of the
Criminal Code
that relates to this Division.
25
274 Copies of documents
26
The Registrar or an OEI inspector may inspect a document
27
produced under this Division and may make and retain copies of,
28
or take and retain extracts from, such a document.
29
275 Registrar or OEI inspector may retain documents
30
(1) The Registrar or an OEI inspector may take possession of a
31
document produced under this Division, and retain it for as long as
32
is reasonably necessary.
33
Chapter 7
Information relating to offshore infrastructure
Part 1
Managing data and gathering information
Division 3
Information-gathering
Section 276
236
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(2) The person otherwise entitled to possession of the document is
1
entitled to be supplied, as soon as practicable, with a copy certified
2
by the Registrar or an OEI inspector to be a true copy.
3
(3) The certified copy must be received in all courts and tribunals as
4
evidence as if it were the original.
5
(4) Until a certified copy is supplied, the Registrar or an OEI inspector
6
must provide the person otherwise entitled to possession of the
7
document, or a person authorised by that person, reasonable access
8
to the document for the purposes of inspecting and making copies
9
of, or taking extracts from, the document.
10
276 False or misleading information
11
A person commits an offence if:
12
(a) the person gives information to the Registrar or an OEI
13
inspector; and
14
(b) the person does so knowing that the information is false or
15
misleading in a material particular; and
16
(c) the information is given in compliance or purported
17
compliance with a notice under subsection 269(1).
18
Note:
The same conduct may be an offence against both this section and
19
section 137.1 of the
Criminal Code
.
20
Penalty: 100 penalty units.
21
277 False or misleading documents
22
A person commits an offence if:
23
(a) the person produces a document to the Registrar or an OEI
24
inspector; and
25
(b) the person does so knowing that the document is false or
26
misleading in a material particular; and
27
(c) the document is produced in compliance or purported
28
compliance with a notice under subsection 269(1).
29
Note:
The same conduct may be an offence against both this section and
30
section 137.2 of the
Criminal Code
.
31
Penalty: 100 penalty units.
32
Information relating to offshore infrastructure
Chapter 7
Managing data and gathering information
Part 1
Information-gathering
Division 3
Section 278
No. , 2021
Offshore Electricity Infrastructure Bill 2021
237
278 False or misleading evidence
1
A person commits an offence if:
2
(a) the person gives evidence to another person; and
3
(b) the person does so knowing that the evidence is false or
4
misleading in a material particular; and
5
(c) the evidence is given in compliance or purported compliance
6
with a notice under subsection 269(1).
7
Note:
The same conduct may be an offence against both this section and
8
section 137.1 or 137.2 of the
Criminal Code
.
9
Penalty: Imprisonment for 12 months.
10
279 Directions by Registrar
11
(1) The Registrar may give a written direction to an OEI inspector as
12
to the exercise of the OEI inspector's powers under this Division.
13
(2) The OEI inspector must comply with the direction.
14
(3) If the direction is of general application, the direction is a
15
legislative instrument.
16
(4) If the direction relates to a particular case, the direction is not a
17
legislative instrument.
18
Chapter 7
Information relating to offshore infrastructure
Part 2
Release of regulatory information
Section 280
238
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Part 2--Release of regulatory information
1
2
280 Simplified outline of this Part
3
This Part provides for the Registrar to make copies of certain
4
documents available to the Minister.
5
281 Registrar to make documents available to the Minister
6
(1) This section applies to a document received or issued by the
7
Registrar in connection with Chapter 3, Chapter 4 or this Chapter.
8
(2) The Minister may require the Registrar to make copies of the
9
document available to the Minister.
10
(3) The Registrar must comply with the requirement.
11
Information relating to offshore infrastructure
Chapter 7
Release of information given to Registrar
Part 3
Introduction
Division 1
Section 282
No. , 2021
Offshore Electricity Infrastructure Bill 2021
239
Part 3--Release of information given to Registrar
1
Division 1--Introduction
2
282 Simplified outline of this Part
3
This Part deals with the confidentiality and release of information
4
(
documentary information
) contained in certain documents given
5
to the Registrar.
6
Chapter 7
Information relating to offshore infrastructure
Part 3
Release of information given to Registrar
Division 2
Protection of confidentiality of information
Section 283
240
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 2--Protection of confidentiality of information
1
Subdivision A--Documentary information obtained by the
2
Registrar
3
283 Protection of confidentiality of documentary information
4
obtained by the Registrar
5
(1) This section restricts what the Registrar may do with documentary
6
information.
7
(2) The Registrar must not make the information:
8
(a) publicly known; or
9
(b) available to a person (other than a Minister, a Minister of a
10
State, a Minister of the Australian Capital Territory or a
11
Minister of the Northern Territory).
12
(3) Subsection (2) does not apply if the Registrar makes the
13
information known or available:
14
(a) in accordance with regulations made for the purposes of this
15
paragraph; or
16
(b) for the purposes of the administration of this Act.
17
284 Registrar may make information available to a Minister, a State
18
Minister or a Territory Minister
19
(1) The Registrar may make documentary information available to:
20
(a) a Minister; or
21
(b) a Minister of a State; or
22
(c) a Minister of the Australian Capital Territory; or
23
(d) a Minister of the Northern Territory.
24
(2) The Minister mentioned in paragraph (1)(a) may require the
25
Registrar to make documentary information available to the
26
Minister.
27
(3) The Registrar must comply with the requirement.
28
Information relating to offshore infrastructure
Chapter 7
Release of information given to Registrar
Part 3
Protection of confidentiality of information
Division 2
Section 285
No. , 2021
Offshore Electricity Infrastructure Bill 2021
241
Note:
For protection of the confidentiality of information obtained by a
1
recipient Minister under this section, see section 285.
2
Subdivision B--Documentary information obtained by a
3
Minister
4
285 Protection of confidentiality
5
(1) This section restricts what a Minister (including a Minister of a
6
State, a Minister of the Australian Capital Territory or a Minister of
7
the Northern Territory) may do with documentary information
8
made available to the Minister under section 284.
9
(2) The Minister must not make the information:
10
(a) publicly known; or
11
(b) available to a person (other than another Minister, a Minister
12
of a State, a Minister of the Australian Capital Territory or a
13
Minister of the Northern Territory).
14
(3) If the Minister makes the information available to another Minister
15
(including a Minister of a State, a Minister of the Australian
16
Capital Territory or a Minister of the Northern Territory) the other
17
Minister must not make the information:
18
(a) publicly known; or
19
(b) available to a person.
20
(4) Subsection (2) or (3) does not apply if the Minister concerned
21
makes information known or available:
22
(a) in accordance with regulations made for the purposes of this
23
paragraph; or
24
(b) for the purposes of the administration of this Act.
25
Subdivision C--Miscellaneous
26
286 Fees
27
The regulations may make provision for fees relating to making
28
information available in accordance with regulations made for the
29
purposes of paragraph 283(3)(a) or 285(4)(a).
30
Chapter 7
Information relating to offshore infrastructure
Part 3
Release of information given to Registrar
Division 2
Protection of confidentiality of information
Section 287
242
Offshore Electricity Infrastructure Bill 2021
No. , 2021
287 Review by Minister
1
Regulations made for the purposes of paragraph 283(3)(a) may
2
make provision for the Minister to:
3
(a) review a decision of the Registrar under those regulations;
4
and
5
(b) make a decision:
6
(i) confirming the decision reviewed; or
7
(ii) revoking the decision reviewed and substituting another
8
decision for it.
9
288 Privacy Act
10
This Part does not override any requirements of the
Privacy Act
11
1988
. In particular, this Part is not to be taken, for the purposes of
12
that Act, to require or authorise the disclosure of information.
13
Information relating to offshore infrastructure
Chapter 7
Release of information given to Registrar
Part 3
Copyright
Division 3
Section 289
No. , 2021
Offshore Electricity Infrastructure Bill 2021
243
Division 3--Copyright
1
289 Publishing or making copies of applicable documents not an
2
infringement of copyright
3
The copyright in a literary or artistic work contained in an
4
applicable document is not infringed by anything done:
5
(a) by, or with the authority of, the Registrar or the Minister; and
6
(b) for the purpose of the exercise of any of the powers of the
7
Registrar or Minister under this Part.
8
Chapter 7
Information relating to offshore infrastructure
Part 4
Using and sharing offshore infrastructure information and things
Division 1
Introduction
Section 290
244
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Part 4--Using and sharing offshore infrastructure
1
information and things
2
Division 1--Introduction
3
290 Simplified outline of this Part
4
This Part deals with using and making available certain
5
information, documents and things obtained for the purposes of
6
this Act.
7
The information, documents and things may be:
8
(a)
used by the Regulator for the purpose of exercising any
9
of its powers or performing any of its functions; and
10
(b)
shared between the Minister, the Secretary, the
11
Regulator and the Registrar; and
12
(c)
shared between the Regulator and certain other agencies,
13
including law enforcement agencies and State and
14
Territory Government agencies.
15
291 Scope of Part
16
(1) This Part applies in relation to information, a document, a copy of
17
a document or an extract of a document (the
offshore
18
infrastructure information
) or a thing obtained in the course of:
19
(a) the exercise of a power, or the performance of a function or
20
duty, under this Act or the applied work health and safety
21
provisions; or
22
(b) the administration of this Act or the applied work health and
23
safety provisions; or
24
(c) the exercise of a power, or the performance of a function or
25
duty, under the Regulatory Powers Act so far as it applies in
26
relation to a provision of this Act or the applied work health
27
and safety provisions; or
28
Information relating to offshore infrastructure
Chapter 7
Using and sharing offshore infrastructure information and things
Part 4
Introduction
Division 1
Section 291
No. , 2021
Offshore Electricity Infrastructure Bill 2021
245
(d) the administration of the Regulatory Powers Act so far as it
1
applies in relation to a provision of this Act or the applied
2
work health and safety provisions.
3
(2)
Offshore infrastructure information
may be, or include, personal
4
information (within the meaning of the
Privacy Act 1988
).
5
Note:
The use or disclosure of personal information is regulated under the
6
Privacy Act 1988
.
7
(3) In particular, without limiting subsection (1), this Part applies in
8
relation to offshore infrastructure information or a thing obtained
9
by the Regulator (including obtained by an OEI inspector, whether
10
under a warrant issued for the purposes of this Act or otherwise).
11
(4) This Part does not limit the use of, or making available of, offshore
12
infrastructure information or a thing otherwise than in accordance
13
with this Part.
14
Part does not apply in relation to Part 3 of this Chapter
15
(5) However, this Part does not apply to offshore infrastructure
16
information, or a thing, covered by Part 3 of this Chapter or a
17
legislative instrument made for the purposes of that Part.
18
Chapter 7
Information relating to offshore infrastructure
Part 4
Using and sharing offshore infrastructure information and things
Division 2
Regulator's use of offshore infrastructure information or things
Section 292
246
Offshore Electricity Infrastructure Bill 2021
No. , 2021
Division 2--Regulator's use of offshore infrastructure
1
information or things
2
292 Purposes for which Regulator may use offshore infrastructure
3
information or things
4
If the Regulator obtains offshore infrastructure information or a
5
thing in the course of the exercise of a power, or the performance
6
of a function or duty, under this Act, the Regulator may use the
7
offshore infrastructure information or thing for the purpose of
8
exercising any power, or performing any function or duty, under
9
this Act.
10
Information relating to offshore infrastructure
Chapter 7
Using and sharing offshore infrastructure information and things
Part 4
Sharing offshore infrastructure information or things
Division 3
Section 293
No. , 2021
Offshore Electricity Infrastructure Bill 2021
247
Division 3--Sharing offshore infrastructure information or
1
things
2
293 Sharing offshore infrastructure
information or things for the
3
purposes of this Act
4
(1) Any of the following persons may make available offshore
5
infrastructure information or a thing to another of those persons to
6
use as mentioned in subsection (2):
7
(a) the Minister;
8
(b) the Secretary;
9
(c) the Regulator;
10
(d) the Registrar.
11
(2) The other person may use the offshore infrastructure information
12
or thing in the course of the following:
13
(a) the exercise of powers, or the performance of functions or
14
duties, under this Act or the applied work health and safety
15
provisions;
16
(b) the administration of this Act or the applied work health and
17
safety provisions.
18
294 Regulator may share offshore infrastructure information or
19
things with other agencies
20
(1) The Regulator may make available offshore infrastructure
21
information or a thing to one or more of the following agencies to
22
use as mentioned in subsection (2):
23
(a) the Australian Maritime Safety Authority;
24
(b) the Civil Aviation Safety Authority;
25
(c) the Australian Defence Force;
26
(d) the Australian Federal Police;
27
(e) the Department administered by the Minister administering
28
Part XII of the
Customs Act 1901
;
29
(f) the police force of a State or Territory;
30
Chapter 7
Information relating to offshore infrastructure
Part 4
Using and sharing offshore infrastructure information and things
Division 3
Sharing offshore infrastructure information or things
Section 295
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(g) the Director of Public Prosecutions of the Commonwealth or
1
a State or Territory;
2
(h) the coroner of a State, the Australian Capital Territory or the
3
Northern Territory;
4
(i) an agency of the Commonwealth, or of a State or Territory,
5
that is responsible for administering or implementing laws
6
relating to occupational health and safety;
7
(j) an agency of the Commonwealth, or of a State or Territory,
8
that is responsible for administering or implementing laws
9
relating to the protection of the environment;
10
(k) any other agency of the Commonwealth, or of a State or
11
Territory, responsible for investigating contraventions of
12
laws, or administering or ensuring compliance with laws.
13
(2) An agency may use the offshore infrastructure information or thing
14
in the course of the exercise of the agency's powers, or the
15
performance of the agency's functions or duties, under or for the
16
purposes of a law.
17
(3) If offshore infrastructure information or a thing is made available
18
to an agency under subsection (1), the Regulator may, at any time,
19
by written notice to the agency, impose conditions in relation to:
20
(a) the agency's use of the offshore infrastructure information or
21
thing; or
22
(b) whether, and the extent to which, the agency itself may make
23
the offshore infrastructure information or thing available to
24
any other agency or person.
25
(4) A notice under subsection (3) is not a legislative instrument.
26
295 Personal information
27
(1) This section applies to offshore infrastructure information to the
28
extent that it is personal information.
29
(2) Before the information is made available or used as mentioned in
30
this Division, the person or agency making the information
31
available, or using the information, must take such steps as are
32
reasonable in the circumstances to ensure that the information is
33
de-identified.
34
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Chapter 8
Miscellaneous provisions
Part 1
Section 296
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Chapter 8--Miscellaneous
1
Part 1--Miscellaneous provisions
2
3
296 Simplified outline of this Part
4
This Part contains miscellaneous provisions.
5
297 Review of decisions
6
Applications may be made to the Administrative Appeals Tribunal
7
for review of the following decisions of the Minister:
8
(a) a decision:
9
(i) not to grant a commercial licence under section 42; or
10
(ii) not to grant a research and demonstration licence under
11
section 52; or
12
(iii) not to grant a transmission and infrastructure licence
13
under section 61;
14
(b) a decision not to extend the end day of a licence on the
15
application of the licence holder under a provision of the
16
licensing scheme made for the purposes of:
17
(i) section 37 (feasibility licences); or
18
(ii) section 47 (commercial licences); or
19
(iii) section 56 (research and demonstration licences); or
20
(iv) section 65 (transmission and infrastructure licences);
21
(c) a decision to extend the end day of a licence, in respect of
22
only part of the licence area, on the application of the licence
23
holder under a provision of the licensing scheme made for
24
the purposes of a provision mentioned in paragraph (b);
25
(d) a decision under section 70 (licence transfer);
26
(e) a decision to cancel a licence under section 73;
27
(f) a decision not to consent to the surrender of a licence under
28
section 74.
29
Chapter 8
Miscellaneous
Part 1
Miscellaneous provisions
Section 298
250
Offshore Electricity Infrastructure Bill 2021
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298 Application of the
Lands Acquisition Act 1989
1
(1) This Act has effect despite anything contained in the
Lands
2
Acquisition Act 1989
, and that Act does not apply to anything done
3
under this Act.
4
(2) However, subsection (1) does not prevent the
Lands Acquisition
5
Act 1989
applying to anything done by the Commonwealth or the
6
Regulator in relation to interests in land (within the meaning of that
7
Act) occupied or to be occupied by the Commonwealth or the
8
Regulator for the purposes of administering:
9
(a) this Act; or
10
(b) the
Offshore Electricity Infrastructure (Regulatory Levies)
11
Act 2021
and regulations made under that Act.
12
299 Jurisdiction of State courts
13
(1) The courts of the States are invested with federal jurisdiction in
14
relation to matters arising under this Act or the applied work health
15
and safety provisions.
16
(2) Subsection (1) does not apply to matters arising under the applied
17
State and Territory provisions.
18
(3) Jurisdiction is invested under subsection (1) within the limits (other
19
than limits of locality) of the jurisdiction of the court (whether
20
those limits are limits as to subject matter or otherwise).
21
300 Jurisdiction of Territory courts
22
(1) Jurisdiction is conferred on the courts of the Territories in relation
23
to matters arising under this Act or the applied work health and
24
safety provisions.
25
(2) Subsection (1) does not apply to matters arising under the applied
26
State and Territory provisions.
27
(3) Jurisdiction is conferred under subsection (1):
28
(a) within the limits (other than limits of locality) of the
29
jurisdiction of the court (whether those limits are limits as to
30
subject matter or otherwise); and
31
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Offshore Electricity Infrastructure Bill 2021
251
(b) to the extent that the Constitution permits.
1
301 Liability for acts and omissions
2
Scope
3
(1) This section applies to the following bodies and people:
4
(a) the Minister;
5
(b) the Registrar;
6
(c) the Regulator;
7
(d) the CEO;
8
(e) an OEI inspector;
9
(f) a person acting under the direction or authority of the
10
Minister or the Registrar;
11
(g) a person acting under the direction or authority of the
12
Regulator or the CEO;
13
(h) a person engaged by the Minister under paragraph 132(1)(d);
14
(i) a person engaged by the Regulator under paragraph 124(2)(b)
15
or 129(1)(d).
16
(2) This section does not apply to a person or body merely because the
17
person or body is acting in accordance with:
18
(a) a proposal or plan (however described) that has been
19
accepted, agreed or otherwise approved by or on behalf of the
20
Minister, the Registrar or the Regulator; or
21
(b) a direction under Division 2 (general directions) or
22
Division 3 (remedial directions) of Part 2 of Chapter 4.
23
Extent of liability
24
(3) A body or person is not liable to an action, suit or proceeding for,
25
or in relation to, an act or matter in good faith done or omitted to
26
be done in the exercise, or purported exercise, of any power or
27
authority conferred by:
28
(a) this Act; or
29
(b) a direction under this Act; or
30
(c) the applied work health and safety provisions.
31
Chapter 8
Miscellaneous
Part 1
Miscellaneous provisions
Section 302
252
Offshore Electricity Infrastructure Bill 2021
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Judicial review
1
(4) This section does not affect:
2
(a) any rights conferred on a person by the
Administrative
3
Decisions (Judicial Review) Act 1977
to apply to a court in
4
relation to:
5
(i) a decision; or
6
(ii) conduct engaged in for the purpose of making a
7
decision; or
8
(iii) a failure to make a decision; or
9
(b) any other rights that a person has to seek a review by a court
10
or tribunal in relation to:
11
(i) a decision; or
12
(ii) conduct engaged in for the purpose of making a
13
decision; or
14
(iii) a failure to make a decision.
15
(5) An expression used in subsection (4) has the same meaning as in
16
section 10 of the
Administrative Decisions (Judicial Review) Act
17
1977
.
18
302 Compensation for acquisition of property
19
(1) If the operation of this Act would result in an acquisition of
20
property (within the meaning of paragraph 51(xxxi) of the
21
Constitution) from a person otherwise than on just terms (within
22
the meaning of that paragraph), the Commonwealth is liable to pay
23
a reasonable amount of compensation to the person.
24
(2) If the Commonwealth and the person do not agree on the amount
25
of the compensation, the person may institute proceedings in the
26
Federal Court or the Supreme Court of a State or Territory for the
27
recovery from the Commonwealth of such reasonable amount of
28
compensation as the court determines.
29
303 Delegation by Minister
30
(1) The Minister may, in writing, delegate all or any of the Minister's
31
functions or powers under this Act to:
32
Miscellaneous
Chapter 8
Miscellaneous provisions
Part 1
Section 303
No. , 2021
Offshore Electricity Infrastructure Bill 2021
253
(a) the CEO; or
1
(b) the Secretary; or
2
(c) an SES employee, or acting SES employee, in the
3
Department.
4
Note 1:
The expressions
SES employee
and
acting SES employee
are defined
5
in section 2B of the
Acts Interpretation Act 1901
.
6
Note 2:
Paragraph (1)(c) includes the Registrar.
7
Note 3:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
8
provisions relating to delegations.
9
(2) In performing a delegated function or exercising a delegated
10
power, the delegate must comply with any written directions of the
11
Minister.
12
Sub-delegation
13
(3) If a function or power is delegated to the CEO under
14
subsection (1), the CEO may, by writing, sub-delegate the function
15
or power to an SES employee, or acting SES employee, of the
16
Regulator.
17
(4) Sections 34AA, 34AB and 34A of the
Acts Interpretation Act 1901
18
apply in relation to the sub-delegation in a corresponding way to
19
the way in which they apply in relation to a delegation.
20
(5) In performing functions or exercising powers under a
21
sub-delegation, the sub-delegate must comply with any directions
22
of the Minister.
23
Chapter 8
Miscellaneous
Part 2
Regulations
Section 304
254
Offshore Electricity Infrastructure Bill 2021
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Part 2--Regulations
1
2
304 Simplified outline of this Part
3
The regulations may do the following:
4
(a)
provide for offences;
5
(b)
provide for approved forms;
6
(c)
apply and modify the Regulatory Powers Act;
7
(d)
deal with offshore renewable energy infrastructure or
8
offshore electricity transmission infrastructure that is
9
already in the Commonwealth offshore area when this
10
Act receives the Royal Assent.
11
305 Regulations
12
The Governor-General may make regulations prescribing matters:
13
(a) required or permitted by this Act to be prescribed by the
14
regulations; or
15
(b) necessary or convenient to be prescribed for carrying out or
16
giving effect to this Act.
17
306 Regulations may provide for offences
18
(1) The regulations may provide for offences against the regulations.
19
(2) The penalties for offences against the regulations must not exceed:
20
(a) a fine of 100 penalty units; or
21
(b) a fine of 100 penalty units for each day on which the offence
22
occurs.
23
307 Regulations may provide for approved forms
24
(1) The regulations may require an application, notice or other
25
instrument made, or given, to the Minister, the Registrar or the
26
Regulator under this Act to be:
27
Miscellaneous
Chapter 8
Regulations
Part 2
Section 308
No. , 2021
Offshore Electricity Infrastructure Bill 2021
255
(a) made or given in an approved manner; and
1
(b) in the approved form; and
2
(c) accompanied by any information or documents required by
3
the form.
4
Note:
The regulations may also require a fee to be paid in relation to an
5
application (see section 189).
6
(2) The regulations may provide for the Minister, the Registrar or the
7
Regulator to approve a manner and form referred to in
8
subsection (1).
9
308 Regulations dealing with the Regulatory Powers Act
10
(1) The regulations may do any of the following:
11
(a) make a provision of the regulations a civil penalty provision
12
(see Part 4 of the Regulatory Powers Act);
13
(b) provide that a civil penalty provision of the regulations may
14
be enforced under Part 4 of the Regulatory Powers Act;
15
(c) provide that a person is an authorised applicant in relation to
16
one or more civil penalty provisions of the regulations for the
17
purposes of Part 4 of the Regulatory Powers Act;
18
(d) provide that a court is a relevant court in relation to one or
19
more civil penalty provisions of the regulations for the
20
purposes of Part 4 of the Regulatory Powers Act;
21
(e) provide that an offence provision or a civil penalty provision
22
in a provision of the regulations is subject to an infringement
23
notice (see Part 5 of the Regulatory Powers Act);
24
(f) provide that a person is an infringement officer in relation to
25
one or more provisions of the regulations for the purposes of
26
Part 5 of the Regulatory Powers Act;
27
(g) provide that a person is the relevant chief executive in
28
relation to one or more provisions of the regulations for the
29
purposes of Part 5 of the Regulatory Powers Act;
30
(h) make a provision of the regulations enforceable under Part 6
31
of the Regulatory Powers Act (which deals with enforceable
32
undertakings);
33
Chapter 8
Miscellaneous
Part 2
Regulations
Section 308
256
Offshore Electricity Infrastructure Bill 2021
No. , 2021
(i) provide that a person is an authorised person in relation to
1
one or more provisions of the regulations for the purposes of
2
Part 6 of the Regulatory Powers Act;
3
(j) provide that a court is a relevant court in relation to one or
4
more provisions of the regulations for the purposes of Part 6
5
of the Regulatory Powers Act;
6
(k) make a provision of a legislative instrument made under this
7
Act (an
OEI legislative instrument
) enforceable under Part 7
8
of the Regulatory Powers Act (which deals with injunctions);
9
(l) provide that a person is an authorised person in relation to
10
one or more provisions of an OEI legislative instrument for
11
the purposes of Part 7 of the Regulatory Powers Act;
12
(m) provide that a court is a relevant court in relation to one or
13
more provisions of an OEI legislative instrument for the
14
purposes of Part 7 of the Regulatory Powers Act;
15
(n) modify the Regulatory Powers Act as it applies in relation to
16
a provision of the regulations.
17
Continuing contravention
18
(2) If a contravention of a civil penalty provision in the regulations is a
19
continuing contravention, the regulations may provide that the
20
maximum civil penalty for each day that the contravention
21
continues is 10% of the maximum civil penalty that could be
22
imposed in respect of that contravention.
23
Extension to the Commonwealth offshore area
24
(3) Part 4 of the Regulatory Powers Act, as it applies in relation to the
25
civil penalty provisions covered by regulations made for the
26
purposes of paragraph (1)(b), extends to the Commonwealth
27
offshore area.
28
(4) Part 5 of the Regulatory Powers Act, as it applies in relation to the
29
provisions covered by regulations made for the purposes of
30
paragraph (1)(e), extends to the Commonwealth offshore area.
31
(5) Part 6 of the Regulatory Powers Act, as it applies in relation to the
32
provisions covered by regulations made for the purposes of
33
paragraph (1)(h), extends to the Commonwealth offshore area.
34
Miscellaneous
Chapter 8
Regulations
Part 2
Section 309
No. , 2021
Offshore Electricity Infrastructure Bill 2021
257
(6) Part 7 of the Regulatory Powers Act, as it applies in relation to the
1
provisions covered by regulations made for the purposes of
2
paragraph (1)(k), extends to the Commonwealth offshore area.
3
Extension to external Territories etc.
4
(7) Part 4 of the Regulatory Powers Act, as it applies in relation to the
5
civil penalty provisions covered by regulations made for the
6
purposes of paragraph (1)(b), extends to every external Territory to
7
which this Act extends.
8
(8) Part 5 of the Regulatory Powers Act, as it applies in relation to the
9
provisions covered by regulations made for the purposes of
10
paragraph (1)(e), extends to every external Territory to which this
11
Act extends.
12
(9) Part 6 of the Regulatory Powers Act, as it applies in relation to the
13
provisions covered by regulations made for the purposes of
14
paragraph (1)(h), extends to every external Territory to which this
15
Act extends.
16
(10) Part 7 of the Regulatory Powers Act, as it applies in relation to the
17
provisions covered by regulations made for the purposes of
18
paragraph (1)(k), extends to every external Territory to which this
19
Act extends.
20
Note:
For the external Territories to which this Act extends, see section 5.
21
Application of the Regulatory Powers Act
22
(11) In determining the meaning of the expression
an Act provides
,
23
when used in Part 4, 5, 6 or 7 of the Regulatory Powers Act,
24
assume that regulations made for the purposes of subsection (1) are
25
an Act.
26
309 Pre-existing infrastructure
27
(1) This section applies in relation to fixed or tethered infrastructure
28
(
pre-existing infrastructure
) that:
29
(a) is in the Commonwealth offshore area at the time this Act
30
receives the Royal Assent (the
application time
); and
31
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Miscellaneous
Part 2
Regulations
Section 309
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Offshore Electricity Infrastructure Bill 2021
No. , 2021
(b) is being operated at the application time, or was operated at
1
any time before the application time; and
2
(c) would be offshore renewable energy infrastructure or
3
offshore electricity transmission infrastructure if this section
4
were disregarded.
5
(2) Subject to regulations made for the purposes of subsection (3),
6
pre-existing infrastructure is not offshore renewable energy
7
infrastructure or offshore electricity transmission infrastructure for
8
the purposes of this Act.
9
Note:
This means that a licence is not required to construct, install,
10
commission, operate, maintain or decommission the infrastructure,
11
and that offshore electricity infrastructure levy is not payable in
12
respect of the infrastructure. Most of the other provisions of this Act
13
(such as the safety zone and protection zone provisions in Divisions 3
14
and 4 of Part 3 of Chapter 4) also do not apply to pre-existing
15
infrastructure.
16
(3) The regulations may do any of the following:
17
(a) provide that specified provisions of this Act apply, or do not
18
apply, in relation to pre-existing infrastructure;
19
(b) provide that offshore renewable energy infrastructure or
20
offshore electricity transmission infrastructure constructed,
21
installed or commissioned in connection with the operation
22
or maintenance (including the replacement) of pre-existing
23
infrastructure is also to be treated as pre-existing
24
infrastructure;
25
(c) provide that this section ceases to apply in relation to
26
specified pre-existing infrastructure (and that such
27
pre-existing infrastructure is to be treated as offshore
28
renewable energy infrastructure or offshore electricity
29
transmission infrastructure):
30
(i) at the end of a specified period after this Act
31
commences (which may be the entire life of a project
32
that involves pre-existing infrastructure); or
33
(ii) in specified circumstances;
34
(d) provide for an eligible person to apply for a licence in
35
relation to pre-existing infrastructure;
36
Miscellaneous
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Regulations
Part 2
Section 309
No. , 2021
Offshore Electricity Infrastructure Bill 2021
259
(e) prescribe any other matters of a transitional nature (including
1
prescribing any saving or application provisions) relating to
2
pre-existing infrastructure.
3