Commonwealth: Australian Jobs Act 2013 (Cth)

Australian Jobs Act 2013 No. 69, 2013 Compilation No. 5 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Australian Jobs Act 2013 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Object 4 Simplified outline 5 Definitions 6 Eligible facility 7 Designated project 8 Major project 9 Person responsible for carrying out project 10 Key goods or services 11 Key goods or services for a project 12 Key goods or services for a new relevant facility's initial operational phase 13 Trigger date 14 Crown to be bound 15 Extension to external Territories 16 Extension to exclusive economic zone and continental shelf Part 2—Australian Industry Participation plans Division 1—Australian Industry Participation plans 17 Project proponent must give draft AIP plan to the Authority 18 Approval of draft AIP plan 19 Replacement of approved AIP plan before completion of project 20 Replacement of approved AIP plan after completion of project 21 Duration of approved AIP plan 22 Summary of specified steps 22A Project proponent must notify estimated completion date for a new relevant facility 23 Register of approved AIP plans 24 Compliance with approved AIP plan 25 Compliance report—project proponent 26 Compliance report—operator of new relevant facility 27 Record‑keeping—project proponent 28 Record‑keeping—operator of new relevant facility Division 2—AIP plan rules Subdivision A—General rules 29 AIP plan rules 30 AIP plan must have Parts 31 AIP plan must be in the approved form Subdivision B—Rule for Part A of the plan (Title) 32 Title Subdivision C—Rules for Part B of the plan (Project Phase) 33 Part B of AIP plan binds project proponent 34 Key objective 35 Primary obligations of project proponent 36 Other obligations of project proponent Subdivision D—Rules for Part C of the plan (Initial Facility Operational Phase) 37 Part C of the plan binds operator of new relevant facility 38 Key objective 39 Primary obligations of operator of new relevant facility 40 Other obligations of operator of new relevant facility Part 3—Notification obligations Division 1—Major projects 41 Authority to be notified of preliminary trigger day for major project 43 Person must notify Authority if the person becomes a project proponent for a major project 44 Person must notify Authority if the person ceases to be a project proponent for a major project 45 Project proponent must notify Authority if major project is abandoned or cancelled 46 Project proponent must notify Authority of certain events Division 2—New relevant facilities 47 Person must notify Authority if the person becomes an operator of new relevant facility 48 Person must notify Authority if the person ceases to be an operator of new relevant facility 49 Operator of new relevant facility must notify Authority of certain events Part 4—Information‑gathering powers Division 1—General powers 50 Authority may obtain information or documents 51 Copying documents—compensation 52 Copies of documents 53 Authority may retain documents 54 Self‑incrimination Division 2—Powers to obtain information from project proponent 55 Authority may obtain information from project proponent Division 3—Powers to obtain information from operator of facility 56 Authority may obtain information from operator of new relevant facility Part 5—Consequences of non‑compliance Division 1—Administrative consequences of non‑compliance 57 Administrative consequences of non‑compliance Division 2—Injunctions 58 Injunctions 59 Interim injunctions 60 Discharge etc. of injunctions 61 Certain limits on granting injunctions not to apply 62 Other powers of the court unaffected Part 6—Multiple project proponents and multiple facility operators Division 1—Multiple project proponents 63 References to project proponents 64 Obligations of multiple project proponents Division 2—Multiple facility operators 65 References to operators of new relevant facilities 66 Obligations of multiple operators of new relevant facility Part 7—Australian Industry Participation Authority Division 1—Office and functions of the Australian Industry Participation Authority 67 Establishment of the Australian Industry Participation Authority 68 Functions of the Authority Division 2—Appointment of the Authority 69 Appointment of the Authority 70 Period of appointment for the Authority 71 Acting appointments Division 3—Terms and conditions for the Authority 72 Remuneration and allowances 73 Leave of absence 74 Outside employment 75 Disclosure of interests to the Minister 76 Resignation 77 Termination of appointment 78 Other terms and conditions Division 4—Delegation 79 Delegation by Authority Division 5—Staff and consultants 80 Staff assisting the Authority 81 Other persons assisting the Authority 82 Consultants Division 6—Reports 83 Annual report Division 7—Directions by Minister 84 Minister may give directions to the Authority Part 8—Australian Industry Participation Advisory Board Division 1—Australian Industry Participation Advisory Board 85 Establishment of Australian Industry Participation Advisory Board 86 Functions of AIP advisory board Division 2—Appointment etc. of AIP advisory board members 87 Membership of AIP advisory board 88 Appointment of advisory board members etc. 89 Vacancy in the membership of AIP advisory board Division 3—Terms and conditions for advisory board members 90 Remuneration and allowances 91 Leave of absence 92 Disclosure of interests to the Minister 93 Disclosure of interests to AIP advisory board 94 Resignation 95 Termination of appointment Division 4—AIP advisory board procedures etc. 96 Procedures of AIP advisory board 97 Presiding at meetings 98 Quorum 99 Voting at meetings 100 Conduct of meetings 101 Minutes Part 9—Secrecy 102 Secrecy 103 Disclosure or use for the purposes of this Act etc. 104 Disclosure to Minister 105 Disclosure to Secretary etc. 106 Disclosure to a Royal Commission 107 Disclosure to certain agencies, bodies and persons 108 Disclosure with consent 109 Disclosure of publicly available information 110 Disclosure of summaries or statistics 111 Disclosure for purposes of law enforcement Part 10—Review of decisions 112 Review by the Administrative Review Tribunal Part 11—Miscellaneous 117 Operation of new relevant facility—constitutional basis 118 Concurrent operation of State and Territory laws 119 Constitutional limitations 120 No interference with powers and functions of another jurisdiction 121 Compensation for acquisition of property 122 Validity of transactions in contravention of Act 123 Consideration not in cash 124 Translation of amounts into Australian currency 125 Law relating to legal professional privilege not affected 126 Liability for damages 127 Review of operation of Act 128 Legislative rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act about Australian industry participation plans for major projects, and for other purposes Part 1—Preliminary 1 Short title This Act may be cited as the Australian Jobs Act 2013. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 27 June 2013 2. Sections 3 to 128 A single day to be fixed by Proclamation. 27 December 2013 However, if the provision(s) 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 enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Object The main object of this Act is to support the creation and retention of Australian jobs by: (a) requiring Australian Industry Participation plans for major projects; and (b) providing that an Australian Industry Participation plan for a major project will ensure that Australian entities have full, fair and reasonable opportunity to bid for: (i) the supply of key goods or services for the project; and (ii) if the project involves establishing a new facility—the supply of key goods or services for the new facility's initial operational phase. 4 Simplified outline The following is a simplified outline of this Act: • An Australian Industry Participation plan (AIP plan) is required for a major project to establish, expand, improve or upgrade a facility. • An AIP plan will deal with: (a) the project phase of a major project; and (b) if a major project involves establishing a new facility—the new facility's initial operational phase. • The key objective of an AIP plan is that Australian entities should have full, fair and reasonable opportunity to bid for: (a) the supply of key goods or services for the project; and (b) if the project involves establishing a new facility—the supply of key goods or services for the new facility's initial operational phase. • This Act sets up the Australian Industry Participation Authority. • The Authority's functions include: (a) approving AIP plans; and (b) monitoring compliance; and (c) other functions relating to Australian industry participation matters. • The Minister may establish the Australian Industry Participation Advisory Board. 5 Definitions In this Act: ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999. ACN has the same meaning as in the Corporations Act 2001. acquire has the same meaning as in the Competition and Consumer Act 2010. advisory board member means a member of the AIP advisory board, and includes the Chair of the AIP advisory board. AIP advisory board means the Australian Industry Participation Advisory Board established under section 85. AIP matter means: (a) a matter relating to the opportunities for Australian entities to bid for the supply of key goods or services for a designated project; or (b) a matter relating to the opportunities for Australian entities to bid for the supply of key goods or services for the initial operational phase of a new relevant facility in relation to a designated project. AIP plan rules means the rules set out in Division 2 of Part 2. approved AIP plan means an approved AIP plan under section 18, 19 or 20. Australian entity means an entity that has an ABN or an ACN. Australian police force means: (a) the Australian Federal Police; or (b) a police force or police service of a State or Territory. Authority means the Australian Industry Participation Authority. Note: See section 67. bid includes tender. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. designated project has the meaning given by section 7. draft AIP plan means a plan that is accompanied by a document stating that the plan is a draft AIP plan. electricity facility means one, or a combination of 2 or more, of the following facilities: (a) an electricity generation facility; (b) an electricity transmission facility; (c) an electricity distribution facility. eligible facility has the meaning given by section 6. engage in conduct means: (a) do an act; or (b) omit to perform an act. entity has the same meaning as in the A New Tax System (Australian Business Number) Act 1999. entrusted official means: (a) the Authority; or (b) a member of the staff assisting the Authority; or (c) a person whose services are made available to the Authority under section 81; or (d) a person engaged as a consultant under section 82; or (e) an advisory board member. goods has the same meaning as in the Competition and Consumer Act 2010. key goods or services has the meaning given by section 10. key goods or services for a new relevant facility's initial operational phase has the meaning given by section 12. key goods or services for a project has the meaning given by section 11. key objective: (a) in relation to Part B of an approved AIP plan for a major project—has the meaning given by section 34; or (b) in relation to Part C of an approved AIP plan for a major project—has the meaning given by section 38. land transport facility means one, or a combination of 2 or more, of the following things: (a) a road; (b) a tunnel; (c) a bridge; (d) a railway line; that is to be used for the transport of people or goods. legislative rules means rules made under section 128. low‑value contract has the meaning given by subsection 10(7). low‑value contract threshold amount has the meaning given by subsection 10(8). major project has the meaning given by section 8. major project threshold amount has the meaning given by subsection 8(2). non‑Australian entity means an entity other than an Australian entity. operator, in relation to a new relevant facility, means the person who is, or is to be, responsible for operating the facility. Note: See also section 65, which deals with multiple operators. petroleum has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006. petroleum facility means one, or a combination of 2 or more, of the following things: (a) a well, or other thing, for use for the exploration for petroleum; (b) a well, or other thing, for use for the recovery of petroleum; (c) a thing for use for the processing of petroleum; (d) a thing for use for the storage of petroleum; (e) a thing for use for the offloading of petroleum; (f) a thing for use for the piped conveyance of petroleum. prescribed court means: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2). procurement entity: (a) in relation to a project—means a person who is responsible for acquiring key goods or services for the project (for this purpose, it is immaterial whether the person is the project proponent for the project); or (b) in relation to a new relevant facility—means a person who is responsible for acquiring key goods or services for the facility's initial operational phase (for this purpose, it is immaterial whether the person is the operator of the facility). productive facility means a facility that is wholly or principally for use in carrying out one or more steps in: (a) the production or distribution, or both, of goods; or (b) the provision of services. project includes: (a) a project as varied and in existence from time to time; and (b) a project that has been completed. project proponent, in relation to a project, means the person who is responsible for carrying out the project. Note: See also section 9 (which deals with persons responsible for carrying out projects) and section 63 (which deals with multiple project proponents). protected information means information that: (a) was obtained after the commencement of this section by a person in the person's capacity as an entrusted official; and (b) relates to the affairs of a person other than an entrusted official. relevant facility, in relation to a project, means: (a) to the extent to which the project involves establishing a new eligible facility—the new eligible facility; or (b) to the extent to which the project involves expanding, improving or upgrading an eligible facility—the expanded, improved or upgraded eligible facility. Royal Commission has the same meaning as in the Royal Commissions Act 1902. services has the same meaning as in the Competition and Consumer Act 2010. sewage or wastewater facility means one, or a combination of both, of the following: (a) equipment, excavations and structures that are to be used for treating sewage, or other wastes in water, produced by the public: (i) to reduce the damage caused by its disposal in the natural environment; or (ii) to make any component of the things treated suitable for re‑use; (b) channels, drains or pipelines for carrying sewage, or other wastes in water, produced by the public to or from the equipment and structures covered by paragraph (a). State/Territory government body means: (a) the government of a State or Territory; or (b) an agency or authority of a State or Territory. subsidiary has the same meaning as in the Corporations Act 2001. supply has the same meaning as in the Competition and Consumer Act 2010. telecommunications network has the same meaning as in the Telecommunications Act 1997. trigger date, in relation to a project, has the meaning given by section 13. water supply facility means one, or a combination of 2 or more, of the following: (a) dams, weirs, reservoirs or tanks that are to be used for storing, and regulating the flow of, water for public consumption, or other use by the public; (b) bores that are to be used for extracting water for public consumption, or other use by the public; (c) channels or pipelines that are to be used: (i) for supplying water for public consumption, or other use by the public; or (ii) for carrying water between dams or other storage places from which it is to be supplied through channels or pipelines for public consumption, or other use by the public; (d) pumps and associated structures that are to be used: (i) in extracting water from bores covered by paragraph (b); or (ii) for pumping water along channels or pipelines covered by paragraph (c); (e) equipment and structures that are to be used for treating water that is to be supplied to the public through pipelines to make it fit for the public to drink. 6 Eligible facility (1) For the purposes of this Act, eligible facility means: (a) a mine or quarry, whether alone or in combination with one or more other facilities that are reasonably necessary for the mine or quarry to operate; or (b) a land transport facility, whether alone or in combination with one or more other facilities that are reasonably necessary for the land transport facility to operate; or (c) a wharf or other port facility, whether alone or in combination with one or more other facilities that are reasonably necessary for the wharf or other port facility to operate; or (d) a petroleum facility, whether alone or in combination with one or more other facilities that are reasonably necessary for the petroleum facility to operate; or (e) an electricity facility, whether alone or in combination with one or more other facilities that are reasonably necessary for the electricity facility to operate; or (f) a factory, whether alone or in combination with one or more other facilities that are reasonably necessary for the factory to operate; or (g) an airport, whether alone or in combination with one or more other facilities that are reasonably necessary for the airport to operate; or (h) a passenger terminal, whether alone or in combination with one or more other facilities that are reasonably necessary for the passenger terminal to operate; or (i) a water supply facility, whether alone or in combination with one or more other facilities that are reasonably necessary for the water supply facility to operate; or (j) a sewage or wastewater facility, whether alone or in combination with one or more other facilities that are reasonably necessary for the sewage or wastewater facility to operate; or (k) a telecommunications network; or (l) any other productive facility, whether alone or in combination with one or more other facilities that are reasonably necessary for the productive facility to operate. (2) The legislative rules may declare that a specified thing is an eligible facility for the purposes of this Act. (3) The legislative rules may declare that a combination of 2 or more specified things is an eligible facility for the purposes of this Act. (4) Subsections (1), (2) and (3) have effect subject to subsections (5) and (6). Exceptions (5) The Authority may, by legislative instrument, declare that a specified thing is not an eligible facility for the purposes of this Act. (6) The Authority may, by legislative instrument, declare that a combination of 2 or more specified things is not an eligible facility for the purposes of this Act. Interpretation (7) To avoid doubt, for the purposes of subsections (2), (3), (5) and (6) it is immaterial whether the specified thing or things are in existence when the declaration is made. 7 Designated project (1) For the purposes of this Act, designated project means a project to do either or both of the following: (a) establish a new eligible facility; (b) expand, improve or upgrade an existing eligible facility; to the extent to which: (c) one or more constitutional corporations are responsible for carrying out the project; or (d) a relevant facility: (i) is, or is to be, in one or more offshore areas (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) and outside the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973); and (ii) relates to the exercise of Australia's sovereign rights in the exclusive economic zone or the continental shelf; or (e) a relevant facility is, or is to be, for purposes related to trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory; or (iv) between a State and a Territory; or (v) between 2 Territories; or (f) a relevant facility is, or is to be, in a Territory; or (g) a relevant facility is, or is to be, in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970). (2) However, subsection (1) does not apply to a project if the trigger date for the project is before the 90th day after the commencement of this section. 8 Major project (1) If the total expenditure of a capital nature that has been incurred, or is reasonably likely to be incurred, in carrying out a designated project is greater than or equal to the major project threshold amount, the project is a major project for the purposes of this Act. (2) For the purposes of this Act, major project threshold amount means $500 million. (3) For the purposes of this section, if a project is subject to one or more conditions, assume that those conditions will be satisfied. Arm's length transactions (4) If: (a) a person has incurred, or is reasonably likely to incur, expenditure in connection with a transaction; and (b) the parties to the transaction did not, or are not likely to, deal with each other at arm's length in relation to the transaction; and (c) the amount of the expenditure is, or is reasonably likely to be, less than is reasonable; the amount of the expenditure is taken, for the purposes of this section, to be the amount that would have been reasonable if the parties were dealing with each other at arm's length. Anti‑avoidance (5) If: (a) at any time after the commencement of this section, one or more persons entered into, commenced to carry out, or carried out, a scheme; and (b) the scheme involves carrying out 2 or more low‑value designated projects; and (c) the total expenditure of a capital nature that has been incurred, or is reasonably likely to be incurred, in carrying out those projects is greater than or equal to the major project threshold amount; and (d) having regard to the following: (i) the manner in which the scheme was entered into or carried out; (ii) the form and substance of the scheme; (iii) the time when the scheme was entered into and the length of the period during which the scheme was, or is likely to be, carried out; (iv) the result in relation to the operation of this Act that, but for this section, would be achieved by the scheme; it would be concluded that the person, or any of the persons, who entered into, commenced to carry out, or carried out, the scheme did so for the sole or dominant purpose of enabling a person to avoid the application of Part 2; the Authority may, by writing, determine that each of those projects is a major project for the purposes of this Act. (6) For the purposes of subsection (5), it is immaterial whether the person last mentioned in paragraph (5)(d) is the person, or one of the persons, mentioned in paragraph (5)(a). (7) If the Authority makes a determination under subsection (5), the Authority must publish a copy of the determination on the Authority's website. (8) A determination under subsection (5) is not a legislative instrument. (9) For the purposes of subsection (5), if the total expenditure of a capital nature that has been incurred, or is reasonably likely to be incurred, in carrying out a designated project is less than the major project threshold amount, the project is a low‑value designated project. (10) For the purposes of subsection (5), scheme means: (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved. 9 Person responsible for carrying out project Agreements (1) If, under an agreement, a project, or a part of a project, is, or is to be, carried out by a person (the contractor) for and on behalf of another person, then, for the purposes of this Act: (a) the other person is taken to be the person responsible for carrying out the project, or the part of the project, as the case may be; and (b) the contractor is taken not to be responsible for carrying out the project, or the part of the project, as the case may be. (2) Subsection (1) has effect subject to subsections (3) and (5). Declarations (3) The Authority may, by writing, declare that, for the purposes of this Act: (a) a specified person is taken to be the person responsible for carrying out a specified project; and (b) no other person is taken to be responsible for carrying out the project. (4) If the Authority makes a declaration under subsection (3) in relation to a person, the Authority must give a copy of the declaration to the person. (5) The Authority may, by writing, declare that, for the purposes of this Act: (a) 2 or more specified persons are taken to have joint or several responsibility for carrying out a specified project; and (b) no other person is taken to be responsible for carrying out the project. Note: See also section 63 (which deals with multiple project proponents). (6) If the Authority makes a declaration under subsection (5) in relation to 2 or more persons, the Authority must give a copy of the declaration to each of those persons. (7) A declaration under subsection (3) or (5) is not a legislative instrument. 10 Key goods or services (1) For the purposes of this Act, key goods or services means goods or services other than goods or services supplied, or to be supplied, under a low‑value contract. Anti‑avoidance (2) If: (a) a person proposes to acquire goods or services for a major project under 2 or more low‑value contracts; and (b) the total expenditure incurred, or to be incurred, by the person under those contracts is likely to be greater than or equal to the low‑value contract threshold amount; and (c) having regard to the following: (i) the manner in which the contracts are likely to be entered into; (ii) the period of time over which the contracts are likely to be entered into; (iii) the likely interval or intervals of time (if any) between the entering into of the contracts; (iv) the locations at which the contracts are likely to be entered into; it would be concluded that the person proposes to acquire those goods or services under those contracts for the sole or dominant purpose of enabling a person to avoid the application of an approved AIP plan to those goods or services; the Authority may, by writing, determine that those goods or services are key goods or services for the purposes of this Act. (3) For the purposes of subsection (2), it is immaterial whether the person last mentioned in paragraph (2)(c) is the person mentioned in paragraph (2)(a). (4) If the Authority makes a determination under subsection (2), the Authority must publish a copy of the determination on the Authority's website. (5) A determination under subsection (2) is not a legislative instrument. Arm's length transactions (6) If: (a) a person has incurred, or is reasonably likely to incur, expenditure in connection with a transaction; and (b) the parties to the transaction did not, or are not likely to, deal with each other at arm's length in relation to the transaction; and (c) the amount of the expenditure is, or is reasonably likely to be, less than is reasonable; the amount of the expenditure is taken, for the purposes of this section, to be the amount that would have been reasonable if the parties were dealing with each other at arm's length. Low‑value contract (7) For the purposes of this Act, if the total expenditure incurred, or to be incurred, in acquiring goods or services under a contract is less than the low‑value contract threshold amount, the contract is a low‑value contract. Low‑value contract threshold amount (8) For the purposes of this Act, low‑value contract threshold amount means $1 million. 11 Key goods or services for a project For the purposes of this Act, key goods or services are key goods or services for a project if, and only if, the goods or services are for use, wholly or partly, in connection with carrying out the project. 12 Key goods or services for a new relevant facility's initial operational phase For the purposes of this Act, key goods or services are key goods or services for a new relevant facility's initial operational phase if, and only if, the goods or services are for use, wholly or partly, in connection with the operation of the new relevant facility during the 2‑year period starting when the establishment of the facility is completed. 13 Trigger date (1) For the purposes of this Act, the trigger date for a project means: (a) if a trigger event for the project happens during the interim period—the first or only day during the interim period on which a trigger event for the project happens; or (b) if the earliest trigger event for the project happens on a day after the interim period—that day; or (c) if the Authority, by written notice given to the project proponent for the project, specifies another day—that other day. Note 1: For trigger event, see subsection (4). Note 2: For interim period, see subsection (5). (2) The Authority may specify a day under paragraph (1)(c): (a) on the Authority's own initiative; or (b) on application made to the Authority by the project proponent for the project. (3) A day specified under paragraph (1)(c) must not be earlier than 120 days after the notice is given. Trigger event (4) For the purposes of this section, each of the following is a trigger event for a project: (a) block diagrams for the project are developed; (b) process flow diagrams for the project are developed; (c) a project proponent enters into a contract with another person under which the other person becomes a procurement entity in relation to the project; (d) a request for bids for the supply of key goods or services for the project is made; (e) technical specifications for the project are prepared; (f) a project proponent determines which standard or standards will apply to any of the key goods or services that are to be acquired for the project; (g) an equipment list for the project is prepared; (h) a project proponent first contacts a supplier with a request for pricing details for any of the key goods or services for the project; (i) a construction and contracting methodology for the project is developed; (j) an environmental submission is made in relation to the project; (k) a detailed schedule for the project is prepared; (l) a high‑level scoping of the goods and services for the project is conducted. Interim period (5) For the purposes of this section, the interim period means the period: (a) beginning immediately after the end of the 90th day after the commencement of this section; and (b) ending 2 years after the commencement of this section. 14 Crown to be bound This Act binds the Crown in each of its capacities. 15 Extension to external Territories This Act extends to every external Territory. 16 Extension to exclusive economic zone and continental shelf This Act extends to a matter relating to the exercise of Australia's sovereign rights in the exclusive economic zone or the continental shelf. Part 2—Australian Industry Participation plans Division 1—Australian Industry Participation plans 17 Project proponent must give draft AIP plan to the Authority (1) The project proponent for a major project must give the Authority a draft AIP plan for the project: (a) at least 90 days before the trigger date for the project; or (b) if the Authority, by written notice given to the project proponent, specifies a later time—before that later time. (2) The Authority may specify a day under paragraph (1)(b): (a) on the Authority's own initiative; or (b) on application made to the Authority by the project proponent for the project. (3) Subsection (1) does not apply if the project proponent is not aware that the project is a major project. (4) If: (a) no draft AIP plan for a major project has been given under subsection (1); and (b) a draft AIP plan would have been required to have been given under subsection (1) if the project proponent for the project had been aware that the project was a major project; and (c) the project proponent for the project becomes aware that the project is a major project; the project proponent for the project must: (d) give the Authority a draft AIP plan for the project; and (e) do so within 60 days after becoming so aware. Exceptions (5) This section does not apply to the project proponent if the project proponent has prepared a plan that: (a) has been given to a State or Territory; and (b) complies with the conditions specified in the legislative rules. (6) This section does not apply to the project proponent if the conditions specified in the legislative rules are satisfied. 18 Approval of draft AIP plan (1) If the project proponent for a major project gives the Authority a draft AIP plan for the project under section 17, the Authority must: (a) approve the plan; or (b) refuse to approve the plan. Approval of plan (2) The Authority must not approve a draft AIP plan under subsection (1) unless: (a) the draft AIP plan complies with the AIP plan rules; and (b) the Authority is satisfied that the steps specified in accordance with subsections 35(2), 36(2), 39(2) and 40(2) are adequate. (3) If the Authority approves the draft AIP plan under subsection (1), the plan becomes the approved AIP plan for the project. (4) If the Authority approves the draft AIP plan under subsection (1), the Authority must give the project proponent a written notice setting out the decision. Refusal to approve plan—direction to give revised plan (5) If the Authority refuses to approve the draft AIP plan under subsection (1), the Authority must, by written notice given to the project proponent, direct the project proponent to: (a) give the Authority a revised draft AIP plan that: (i) complies with the AIP plan rules; and (ii) sets out adequate steps specified in accordance with subsections 35(2), 36(2), 39(2) and 40(2); and (b) do so within 30 days after the notice is given. (6) The project proponent must comply with a direction under subsection (5). Approval of revised plan (7) If: (a) the project proponent for a major project gives the Authority a revised draft AIP plan for the project; and (b) the revised draft AIP plan is given as a result of a direction under subsection (5); and (c) the revised draft AIP plan complies with that direction; the Authority must approve the revised draft AIP plan. (8) If the Authority approves the revised draft AIP plan under subsection (7), the plan becomes the approved AIP plan for the project. (9) If the Authority approves the revised draft AIP plan under subsection (7), the Authority must give the project proponent a written notice setting out the decision. Timing (10) The Authority must take all reasonable steps to ensure that a decision is made on a draft AIP plan for a project within 30 days after the Authority is given the draft AIP plan. 19 Replacement of approved AIP plan before completion of project (1) If: (a) an approved AIP plan (the original plan) for a major project is in force; and (b) the project has not been completed; the project proponent for the project may give the Authority a draft AIP plan that is expressed to replace the original plan. (2) If the project proponent gives the Authority a draft AIP plan for the project under subsection (1), the Authority must: (a) approve the plan; or (b) refuse to approve the plan. Approval of replacement plan (3) The Authority must not approve a draft AIP plan under subsection (2) unless: (a) the draft AIP plan complies with the AIP plan rules; and (b) the Authority is satisfied that the steps specified in accordance with subsections 35(2), 36(2), 39(2) and 40(2) are adequate. (4) If the Authority approves the draft AIP plan under subsection (2), the plan becomes the approved AIP plan for the project. (5) If the draft AIP plan becomes the approved AIP plan for the project, the original plan ceases to be in force. Notice of decision (6) If the Authority approves the draft AIP plan under subsection (2), the Authority must give the project proponent a written notice setting out the decision. (7) If the Authority refuses to approve the draft AIP plan under subsection (2), the Authority must give the project proponent a written notice setting out the decision. Timing (8) The Authority must take all reasonable steps to ensure that a decision is made on a draft AIP plan for a project within 30 days after the Authority is given the draft AIP plan. 20 Replacement of approved AIP plan after completion of project (1) If: (a) an approved AIP plan (the original plan) for a major project is in force; and (b) the project involves establishing a new relevant facility; and (c) the project has been completed; the operator of the new relevant facility may give the Authority a draft AIP plan: (d) that is expressed to replace the original plan; and (e) Part B of which is identical to Part B of the original plan. Note: Section 30 deals with Parts of AIP plans. (2) If the operator gives the Authority a draft AIP plan for the project under subsection (1), the Authority must: (a) approve the plan; or (b) refuse to approve the plan. Approval of replacement plan (3) The Authority must not approve a draft AIP plan under subsection (2) unless: (a) the draft AIP plan complies with the AIP plan rules (other than Subdivision C of Division 2); and (b) the Authority is satisfied that steps specified in accordance with subsections 39(2) and 40(2) are adequate. (4) If the Authority approves the draft AIP plan under subsection (2), the plan becomes the approved AIP plan for the project. (5) If the draft AIP plan becomes the approved AIP plan for the project, the original plan ceases to be in force. Notice of decision (6) If the Authority approves the draft AIP plan under subsection (2), the Authority must give the operator a written notice setting out the decision. (7) If the Authority refuses to approve the draft AIP plan under subsection (2), the Authority must give the operator a written notice setting out the decision. Timing (8) The Authority must take all reasonable steps to ensure that a decision is made on a draft AIP plan for a project within 30 days after the Authority is given the draft AIP plan. 21 Duration of approved AIP plan Project involves establishing a new relevant facility (1) If a major project involves establishing a new relevant facility, an approved AIP plan for the project: (a) comes into force when the Authority approves the plan; and (b) subject to this Division, continues in force until the end of the 2‑year period beginning when the project is completed. Project does not involve establishing a new relevant facility (2) If a major project does not involve establishing a new relevant facility, an approved AIP plan for the project: (a) comes into force when the Authority approves the plan; and (b) subject to this Division, continues in force until the project is completed. 22 Summary of specified steps (1) If a person gives the Authority a draft AIP plan for a major project, the person must also give the Authority a summary of the steps specified in accordance with whichever of subsections 35(2), 36(2), 39(2) and 40(2) are applicable. (2) The summary must be in a form approved, in writing, by the Authority. (3) The Authority must ensure that the summary is available on the Authority's website throughout the 15‑day period beginning on the day after the summary was received by the Authority. 22A Project proponent must notify estimated completion date for a new relevant facility (1) If: (a) the project proponent for a major project gives a draft AIP plan for the project to the Authority; and (b) the project involves establishing a new relevant facility; and (c) the establishment of the facility has not been completed; the project proponent must: (d) notify the Authority of the estimated date of completion of the establishment of the facility; and (e) do so at or about the same time as the draft AIP plan is given to the Authority. (2) A notification under subsection (1) must be in a form approved, in writing, by the Authority. 23 Register of approved AIP plans (1) The Authority must maintain a register in which the Authority includes all approved AIP plans that are in force. (2) The register may be kept in electronic form. 24 Compliance with approved AIP plan Project proponent (1) If an approved AIP plan for a major project is in force, the project proponent for the major project must comply with Part B of the plan. Note: Section 30 deals with Parts of AIP plans. Operator of new relevant facility (2) If: (a) an approved AIP plan for a major project is in force; and (b) the project involves establishing a new relevant facility; the operator of the new relevant facility must comply with Part C of the plan. Note: Section 30 deals with Parts of AIP plans. 25 Compliance report—project proponent Scope (1) This section applies to a major project if an approved AIP plan for the project is, or has been, in force. Reporting period (2) For the purposes of this section, a reporting period for the plan is: (a) the period of 6 months beginning on the day on which the plan is approved; and (b) each subsequent 6‑month period during any part of which: (i) the plan is in force; and (ii) the project proponent for the project is subject to any obligations under Part B of the plan. Note: Section 30 deals with Parts of AIP plans. (3) Subsection (2) has effect subject to subsection (4). (4) The Authority may, by written notice given to the project proponent for the project, determine that, for the purposes of this section, a reporting period for the plan has the meaning given by the determination. (5) A determination under subsection (4) is not a legislative instrument. Compliance report—project proponent (6) The project proponent for the project must, within 3 months after the end of each reporting period, prepare and give the Authority a report relating to compliance with Part B of the plan during the reporting period. Note: Section 30 deals with Parts of AIP plans. (7) A report under subsection (6) must: (a) be in a form approved, in writing, by the Authority; and (b) be accompanied by such information as is specified in the legislative rules. 26 Compliance report—operator of new relevant facility Scope (1) This section applies to a major project if: (a) an approved AIP plan for the project is, or has been, in force; and (b) the project involves establishing a new relevant facility. Reporting period (2) For the purposes of this section, a reporting period for the plan is: (a) the period of 6 months beginning on the day on which the plan is approved; and (b) each subsequent 6‑month period during any part of which: (i) the plan is in force; and (ii) the operator of the new relevant facility is subject to any obligations under Part C of the plan. Note: Section 30 deals with Parts of AIP plans. Compliance report—operator of new relevant facility (3) The operator of the new relevant facility must, within 3 months after the end of each reporting period, prepare and give the Authority a report relating to compliance with Part C of the plan during the reporting period. (4) A report under subsection (3) must: (a) be in a form approved, in writing, by the Authority; and (b) be accompanied by such information as is specified in the legislative rules. 27 Record‑keeping—project proponent If an approved AIP plan is, or has been, in force for a major project, the project proponent for the project must: (a) keep such records as are reasonably necessary to enable the Authority to ascertain whether Part B of the plan has been complied with; and (b) retain those records for 5 years. Note: Section 30 deals with Parts of AIP plans. 28 Record‑keeping—operator of new relevant facility If: (a) an approved AIP plan is, or has been, in force for a major project; and (b) the project involves establishing a new relevant facility; the operator of the new relevant facility must: (c) keep such records as are reasonably necessary to enable the Authority to ascertain whether Part C of the plan has been complied with; and (d) retain those records for 5 years. Note: Section 30 deals with Parts of AIP plans. Division 2—AIP plan rules Subdivision A—General rules 29 AIP plan rules This Division sets out the AIP plan rules. 30 AIP plan must have Parts (1) If a major project involves establishing a new relevant facility, an AIP plan for the project must be divided into the following Parts: (a) Part A—Title; (b) Part B—Project Phase; (c) Part C—Initial Facility Operational Phase. (2) If a major project does not involve establishing a new relevant facility, an AIP plan for the project must be divided into the following Parts: (a) Part A—Title; (b) Part B—Project Phase. 31 AIP plan must be in the approved form An AIP plan must be in a form approved, in writing, by the Authority. Subdivision B—Rule for Part A of the plan (Title) 32 Title Part A of an AIP plan for a major project must state that the plan is the AIP plan for the project. Subdivision C—Rules for Part B of the plan (Project Phase) 33 Part B of AIP plan binds project proponent Part B of an AIP plan for a major project must state that Part B of the plan binds the project proponent for the project from time to time. 34 Key objective Part B of an AIP plan for a major project must state that the key objective of Part B of the plan is that Australian entities should have full, fair and reasonable opportunity to bid for the supply of key goods or services for the project. 35 Primary obligations of project proponent (1) Part B of an AIP plan for a major project must state that, until the project is completed, the project proponent for the project will take all reasonable steps to ensure that each procurement entity for the project will achieve the following objectives: (a) the key objective of Part B of the plan; (b) the objective that the procurement entity will have a publicly accessible website; (c) the objective that the procurement entity will not request bids to supply key goods or services for the project unless the procurement entity has a broad understanding of the capability and capacity of Australian entities generally to supply those goods or services; (d) the objective that requirements that potential bidders must satisfy in order to bid to supply key goods or services for the project: (i) will be published on the website of the procurement entity; and (ii) will be so published at a reasonable time before the request for bids is made; (e) the objective that: (i) standards for key goods or services for the project that are to be acquired by the procurement entity will be published on the website of the procurement entity; and (ii) if the standards are neither Australian standards nor international standards—the procurement entity will publish on its website a statement explaining why neither Australian standards nor international standards are being used; (f) the objective that the procurement entity will not discriminate against Australian entities in relation to timeframes for responding to requests for bids to supply key goods or services for the project; (g) the objective that the procurement entity will: (i) provide feedback to Australian entities whose bids to supply key goods or services for the project have not been successful; and (ii) ensure that such feedback includes recommendations about any relevant training and any relevant skills capability and capacity development; (h) the objective that the procurement entity will: (i) at all times have an employee who is designated as the procurement contact officer for the project; and (ii) publish the procurement contact officer's contact details on the procurement entity's website. (2) Part B of an AIP plan must state that, until the project is completed, the project proponent will take specified steps directed towards ensuring that the objectives set out in subsection (1) are achieved by each procurement entity for the project. 36 Other obligations of project proponent (1) Part B of an AIP plan for a major project must state that, until the project is completed, the project proponent for the project will: (a) have a publicly accessible website; and (b) conduct awareness programs about opportunities for Australian entities to supply key goods or services for the project; and (c) conduct training programs that are: (i) for employees of procurement entities for the project; and (ii) directed towards ensuring that the objectives set out in section 35 are achieved; and (d) publish on its website a statement of the proponent's expectations in relation to: (i) key goods or services that are likely to be acquired for the project; and (ii) opportunities for Australian entities to supply key goods or services for the project; and (iii) opportunities for non‑Australian entities to supply key goods or services for the project; broken down into categories of goods or services in the way specified in the legislative rules; and (e) both: (i) cause to be published on a publicly accessible website statements about available opportunities to supply key goods or services for the project; and (ii) notify the Authority of the URL of the website; and (f) if the project proponent has a global supply chain—encourage Australian entities that are supplying, or have supplied, key goods or services for the project to: (i) develop the capability and capacity to supply key goods or services to the project proponent's global supply chain; and (ii) integrate into the project proponent's global supply chain; and (g) both: (i) at all times have an employee who is designated as the project proponent's contact officer for the purposes of this Act; and (ii) notify the Authority of the contact officer's contact details. (2) Part B of an AIP plan must state that, until the project is completed, the project proponent will take specified steps directed towards the fulfilment of the obligations set out in subsection (1). Subdivision D—Rules for Part C of the plan (Initial Facility Operational Phase) 37 Part C of the plan binds operator of new relevant facility Part C of an AIP plan for a major project must state that Part C of the plan binds the operator of the new relevant facility from time to time. 38 Key objective Part C of an AIP plan for a major project must state that the key objective of Part C of the plan is that Australian entities should have full, fair and reasonable opportunity to bid for the supply of key goods or services for the new relevant facility's initial operational phase. 39 Primary obligations of operator of new relevant facility (1) Part C of an AIP plan for a major project must state that the operator of the new relevant facility will take all reasonable steps to ensure that each procurement entity for the new relevant facility will achieve the following objectives: (a) the key objective of Part C of the plan; (b) the objective that the procurement entity will have a publicly accessible website; (c) the objective that the procurement entity will not request bids to supply key goods or services for the new relevant facility's initial operational phase unless the procurement entity has a broad understanding of the capability and capacity of Australian entities generally to supply those goods or services; (d) the objective that requirements that potential bidders must satisfy in order to bid to supply key goods or services for the new relevant facility's initial operational phase: (i) will be published on the website of the procurement entity; and (ii) will be so published at a reasonable time before the request for bids is made; (e) the objective that: (i) standards for key goods or services that are to be acquired for the new relevant facility's initial operational phase by the procurement entity will be published on the website of the procurement entity; and (ii) if the standards are neither Australian standards nor international standards—the procurement entity will publish on its website a statement explaining why neither Australian standards nor international standards are being used; (f) the objective that the procurement entity will not discriminate against Australian entities in relation to timeframes for responding to requests for bids to supply key goods or services for the new relevant facility's initial operational phase; (g) the objective that the procurement entity will: (i) provide feedback to Australian entities whose bids to supply key goods or services for the new relevant facility's initial operational phase have not been successful; and (ii) ensure that such feedback includes recommendations about any relevant training and any relevant skills capability and capacity development; (h) the objective that the procurement entity will: (i) at all times have an employee who is designated as the procurement contact officer for the new relevant facility; and (ii) publish the procurement contact officer's contact details on the procurement entity's website. (2) Part C of an AIP plan must state that the operator of the new relevant facility will take specified steps directed towards ensuring that the objectives set out in subsection (1) are achieved by each procurement entity for the new relevant facility. 40 Other obligations of operator of new relevant facility (1) Part C of an AIP plan for a major project must state that the operator of the new relevant facility will: (a) have a publicly accessible website; and (b) conduct awareness programs about opportunities for Australian entities to supply key goods or services for the new relevant facility's initial operational phase; and (c) conduct training programs that are: (i) for employees of procurement entities for the new relevant facility; and (ii) directed towards ensuring that the objectives set out in section 39 are achieved; and (d) publish on its website a statement of the operator's expectations in relation to: (i) key goods or services that are likely to be acquired for the new relevant facility's initial operational phase; and (ii) opportunities for Australian entities to supply key goods or services for the new relevant facility's initial operational phase; and (iii) opportunities for non‑Australian entities to supply key goods or services for the new relevant facility's initial operational phase; broken down into categories of goods or services in the way specified in the legislative rules; and (e) both: (i) cause to be published on a publicly accessible website statements about available opportunities to supply key goods or services for the new relevant facility's initial operational phase; and (ii) notify the Authority of the URL of the website; and (f) if the operator has a global supply chain—encourage Australian entities that are supplying, or have supplied, key goods or services for the new relevant facility's initial operational phase to: (i) develop the capability and capacity to supply key goods or services to the operator's global supply chain; and (ii) integrate into the operator's global supply chain; and (g) both: (i) at all times have an employee who is designated as the operator's contact officer for the purposes of this Act; and (ii) notify the Authority of the contact officer's contact details. (2) Part C of an AIP plan must state that the operator of the new relevant facility will take specified steps directed towards the fulfilment of the obligations set out in subsection (1). Part 3—Notification obligations Division 1—Major projects 41 Authority to be notified of preliminary trigger day for major project (1) If: (a) the preliminary trigger day for a designated project occurs after the commencement of this section; and (b) at any time on the preliminary trigger day, the project proponent for the project was aware that it was reasonably likely that the project would be a major project; the project proponent must: (c) notify the Authority of the preliminary trigger day; and (d) do so within 60 days after the preliminary trigger day. (2) If: (a) the preliminary trigger day for a designated project occurs after the commencement of this section; and (b) the project proponent for the project was not aware, at any time on the preliminary trigger day, that it was reasonably likely that the project would be a major project; and (c) the project proponent becomes aware that the project is, or is reasonably likely to be, a major project; the project proponent must: (d) notify the Authority of the preliminary trigger day; and (e) do so within 14 days after becoming so aware. (3) A notification under this section must: (a) be in a form approved, in writing, by the Authority; and (b) be accompanied by such information as is specified in the legislative rules; and (c) be accompanied by such documents (if any) as are specified in the legislative rules. Preliminary trigger day (4) For the purposes of this section, the preliminary trigger day for a project means the day on which the earliest of the following events happens: (a) the project concept design begins; (b) an environmental assessment begins to be carried out by a project proponent; (c) a project proponent enters into a contract with another person to carry out an environmental assessment of the project; (d) the raw materials for the project are estimated; (e) the utility consumption for the project is estimated. 43 Person must notify Authority if the person becomes a project proponent for a major project (1) If a person becomes a project proponent for a major project, the person must: (a) notify the Authority that the person has become a project proponent for the project; and (b) do so within 60 days after becoming a project proponent. (2) A notification under subsection (1) must: (a) be in a form approved, in writing, by the Authority; and (b) be accompanied by such information as is specified in the legislative rules. 44 Person must notify Authority if the person ceases to be a project proponent for a major project (1) If a person ceases to be a project proponent for a major project, the person must: (a) notify the Authority of the cessation; and (b) do so within 60 days after the cessation occurs. (2) A notification under subsection (1) must: (a) be in a form approved, in writing, by the Authority; and (b) be accompanied by such information as is specified in the legislative rules. 45 Project proponent must notify Authority if major project is abandoned or cancelled (1) If a major project is abandoned or cancelled, the project proponent for the project must: (a) notify the Authority of the abandonment or cancellation; and (b) do so within 60 days after the project is abandoned or cancelled. (2) A notification under subsection (1) must: (a) be in a form approved, in writing, by the Authority; and (b) be accompanied by such information as is specified in the legislative rules. 46 Project proponent must notify Authority of certain events (1) If: (a) a person is the project proponent for a major project; and (b) a notifiable event occurs; the person must: (c) notify the Authority of the event; and (d) do so within 60 days after the event occurs. (2) A notification under subsection (1) must: (a) be in a form approved, in writing, by the Authority; and (b) be accompanied by such information as is specified in the legislative rules. (3) The legislative rules may declare that a specified event is a notifiable event for the purposes of this section. Division 2—New relevant facilities 47 Person must notify Authority if the person becomes an operator of new relevant facility (1) If: (a) a major project involves establishing a new relevant facility; and (b) a person becomes an operator of the new relevant facility; the person must: (c) notify the Authority; and (d) do so within 60 days after becoming an operator. (2) A notification under subsection (1) must: (a) be in a form approved, in writing, by the Authority