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Schedule 4—Compliance powers

Schedule 4 Compliance powers

Part 1 Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1  Subsection 611J(2) (table item 3, column headed “is an authorised person in relation to the following provisions in this Act (to the extent indicated) ...”, paragraph (v))

After “12(1)”, insert “, (1A)”.

2  Subsection 611J(2) (table item 3, column headed “is an authorised person in relation to the following provisions in this Act (to the extent indicated) ...”, paragraph (ze))

After “79(1)”, insert “, (1A)”.

3  Subsection 702(2)

After “However”, insert “, in the case of an individual”.

4  Subsection 702(2)

Omit “person”, substitute “individual”.

5  Subsection 728(2)

After “However”, insert “, in the case of an individual”.

6  Subsection 728(2)

Omit “person”, substitute “individual”.

7  Subsection 761(2)

After “However”, insert “, in the case of an individual”.

8  Subsection 761(2)

Omit “person”, substitute “individual”.

9  Subclause 8(9) of Schedule 2A

After “However”, insert “, in the case of an individual”.

10  Subclause 8(9) of Schedule 2A

Omit “person”, substitute “individual”.

11  At the end of clause 8 of Schedule 2A

Add:

NOPSEMA inspector may retain documents

           (10)  A NOPSEMA inspector may take possession of a document produced under this clause, and retain it for as long as is reasonably necessary.

           (11)  The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a NOPSEMA inspector to be a true copy.

           (12)  The certified copy must be received in all courts and tribunals as evidence as if it were the original.

           (13)  Until a certified copy is supplied, a NOPSEMA inspector must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.

NOPSEMA inspector may retain other things

           (14)  A NOPSEMA inspector may take possession of a thing (other than a document) produced under this clause, and retain it for as long as is reasonably necessary.

Notice—taking possession at offshore petroleum premises

           (15)  On taking possession of a thing under subclause (14) at offshore petroleum premises, the NOPSEMA inspector must, by written notice, inform the following persons of the taking of possession, and the reasons for it:

                     (a)  in any case:

                              (i)  the titleholder’s representative at the premises who is nominated for the inspection; or

                             (ii)  if there is no titleholder’s representative at the premises—the titleholder;

                     (b)  if the premises are a facility—the operator’s representative at the facility;

                     (c)  if the premises are a vessel under the command or charge of a master—the master;

                     (d)  if the thing is owned by a person other than a person mentioned in paragraph (a), (b) or (c)—that owner.

Display of notice at premises

           (16)  The following person must cause the notice to be displayed in a prominent place at the premises:

                     (a)  if the premises are a facility—the operator’s representative at the facility;

                     (b)  in any other case—the person notified under paragraph (15)(a).

Note:       The person notified under paragraph (15)(a) is either the titleholder’s representative or the titleholder.

Notice—taking possession otherwise than at offshore petroleum premises

           (17)  On taking possession of a thing under subclause (14) otherwise than at offshore petroleum premises, the NOPSEMA inspector must, by written notice, inform the owner of the thing of the taking of possession, and the reasons for it.

Inspection of thing

           (18)  If:

                     (a)  a NOPSEMA inspector has taken possession of a thing (other than a document) produced under this clause; and

                     (b)  it is reasonably necessary for the NOPSEMA inspector to retain the thing;

the NOPSEMA inspector must provide:

                     (c)  the person who produced the thing; and

                     (d)  the person who owns the thing; and

                     (e)  a person authorised by a person covered by paragraph (c) or (d);

reasonable access to the thing for the purposes of inspecting the thing.

Return of thing

           (19)  If:

                     (a)  a NOPSEMA inspector has taken possession of a thing (other than a document) produced under this clause; and

                     (b)  it is no longer reasonably necessary for the NOPSEMA inspector to retain the thing;

the NOPSEMA inspector must return the thing to:

                     (c)  the person who produced the thing; or

                     (d)  the person who owns the thing; or

                     (e)  a person authorised by a person covered by paragraph (c) or (d).

12  Subclause 12(1) of Schedule 2A

After “subclause”, insert “8(16),”.

13  After subclause 12(1) of Schedule 2A

Insert:

Removal of notice

          (1A)  If a notice has been displayed under subclause 8(16), a person must not remove the notice until the thing to which the notice relates is returned under subclause 8(19).

14  Subclause 12(2) of Schedule 2A (heading)

Repeal the heading.

15  Paragraph 12(4)(a) of Schedule 2A

After “(1),”, insert “(1A),”.

16  Subclause 74(9) of Schedule 3

After “However”, insert “, in the case of an individual”.

17  Subclause 74(9) of Schedule 3

Omit “person”, substitute “individual”.

18  At the end of clause 74 of Schedule 3

Add:

NOPSEMA inspector may retain documents

           (11)  A NOPSEMA inspector may take possession of a document produced under this clause, and retain it for as long as is reasonably necessary.

           (12)  The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a NOPSEMA inspector to be a true copy.

           (13)  The certified copy must be received in all courts and tribunals as evidence as if it were the original.

           (14)  Until a certified copy is supplied, a NOPSEMA inspector must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.

NOPSEMA inspector may retain other things

           (15)  A NOPSEMA inspector may take possession of a thing (other than a document) produced under this clause, and retain it for as long as is reasonably necessary.

Notice—taking possession at facility

           (16)  On taking possession of a thing under subclause (15) at a facility, the NOPSEMA inspector must, by written notice, inform:

                     (a)  the operator of the facility; and

                     (b)  the operator’s representative at the facility; and

                     (c)  if the inspection is wholly or partly in relation to the titleholder’s well-related obligations—the titleholder; and

                     (d)  if the inspection is wholly or partly in relation to the titleholder’s well-related obligations—the titleholder’s representative (if any) at the facility who is nominated for the inspection; and

                     (e)  if the thing is used for the performance of work by an employer (other than the operator) of a member or members of the workforce at the facility—that employer; and

                      (f)  if the thing is owned by a person other than a person mentioned in paragraph (a), (b), (c), (d) or (e)—that person; and

                     (g)  if there is a health and safety representative for a designated work group that includes a member of the workforce who is affected by the matter to which the inspection relates—that representative;

of the taking of possession, and the reasons for it.

Note:          A titleholder’s representative is only required to be at the facility if the inspection concerns the titleholder’s well-related obligations (see section 602K).

Display of notice at facility

           (17)  If the NOPSEMA inspector gives the notice to the operator of the facility to which the inspection relates, the operator’s representative at the facility must cause the notice to be displayed in a prominent place at the workplace from which the thing was removed.

Notice—taking possession otherwise than at facility

           (18)  On taking possession of a thing under subclause (15) otherwise than at a facility, the NOPSEMA inspector must, by written notice, inform the owner of the thing of the taking of possession, and the reasons for it.

Inspection of thing

           (19)  If:

                     (a)  a NOPSEMA inspector has taken possession of a thing (other than a document) produced under this clause; and

                     (b)  it is reasonably necessary for the NOPSEMA inspector to retain the thing;

the NOPSEMA inspector must provide:

                     (c)  the person who produced the thing; and

                     (d)  the person who owns the thing; and

                     (e)  a person authorised by a person covered by paragraph (c) or (d);

reasonable access to the thing for the purposes of inspecting the thing.

Return of thing

           (20)  If:

                     (a)  a NOPSEMA inspector has taken possession of a thing (other than a document) produced under this clause; and

                     (b)  it is no longer reasonably necessary for the NOPSEMA inspector to retain the thing;

the NOPSEMA inspector must return the thing to:

                     (c)  the person who produced the thing; or

                     (d)  the person who owns the thing; or

                     (e)  a person authorised by a person covered by paragraph (c) or (d).

19  Subclause 79(1) of Schedule 3

After “subclause”, insert “74(17),”.

20  After subclause 79(1) of Schedule 3

Insert:

Removal of notice

          (1A)  If a notice has been displayed under subclause 74(17), a person must not remove the notice until the thing to which the notice relates is returned under subclause 74(20).

21  Subclause 79(2) of Schedule 3 (heading)

Repeal the heading.

22  Paragraph 79(4)(a) of Schedule 3

After “(1),”, insert “(1A),”.

Part 2 Application provisions

23  Application of amendments

(1)       The amendments of subsections 702(2), 728(2) and 761(2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule apply in relation to information or evidence given, or a document produced, after the commencement of this item.

(2)       The amendments of subclause 8(9) of Schedule 2A to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule apply in relation to an answer given, or a document or thing produced, after the commencement of this item.

(3)       The amendments of subclause 74(9) of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule apply in relation to an answer given, or a document or thing produced, after the commencement of this item.