Commonwealth: Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 (Cth)

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 No. 36, 2013 as amended Compilation start date: 28 May 2013 Includes amendments up to: Act No. 31, 2014 About this compilation This compilation This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 as in force on 28 May 2013. It includes any commenced amendment affecting the legislation to that date. This compilation was prepared on 2 June 2014. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision. Uncommenced amendments The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes. Provisions ceasing to have effect If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Compliance measures Part 1—Infringement notices, injunctions and adverse publicity orders Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Application Part 2—Continuing offences and civil penalty provisions Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Application Schedule 2—Prohibition and improvement notices Part 1—Environmental prohibition and improvement notices Division 1—Main amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Minor amendments: do not disturb notices Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 3—Minor amendments: prohibition notices Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 4—Minor amendments: improvement notices Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 5—Application Part 2—Publication of prohibition and improvement notices Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Application Schedule 3—Financial assurance, polluter pays and directions Part 1—Financial assurance Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Application Part 2—Polluter pays Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Application Part 3—Directions Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 4—Minor amendments Part 1—Service of documents Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Application Part 2—Standing Council on Energy and Resources Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Transitional Part 3—Multiple titleholders Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Application Part 4—Acting Titles Administrator Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Application Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Uncommenced amendments [none] Endnote 6—Modifications [none] Endnote 7—Misdescribed amendments [none] Endnote 8—Miscellaneous [none] An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for related purposes 1 Short title This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) 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 to 3 The day this Act receives the Royal Assent. 28 May 2013 2. Schedule 1 The later of: 1 October 2014 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (b) applies) (b) immediately after the commencement of Schedule 2 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 3. Schedule 2 The later of: 1 October 2014 (a) the start of the day this Act receives the Royal Assent; and (paragraph (b) applies) (b) immediately after the commencement of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 3, Part 1 A day or days to be fixed by Proclamation. 28 November 2013 However, if any of 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. 5. Schedule 3, Parts 2 and 3 The day after this Act receives the Royal Assent. 29 May 2013 6. Schedule 4, Part 1 A single day to be fixed by Proclamation. 28 November 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. 7. Schedule 4, Part 2 The day after this Act receives the Royal Assent. 29 May 2013 8. Schedule 4, items 15 to 19 A single day to be fixed by Proclamation. 28 November 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. 9. Schedule 4, items 20 and 21 The day after this Act receives the Royal Assent. 29 May 2013 10. Schedule 4, item 22 A single day to be fixed by Proclamation. 28 November 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. 11. Schedule 4, items 23 to 25 The day after this Act receives the Royal Assent. 29 May 2013 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 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Compliance measures Part 1—Infringement notices, injunctions and adverse publicity orders Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 1 At the end of Part 6.5 Add: Division 5—Infringement notices 611D Simplified outline The following is a simplified outline of this Division: • This Division provides for infringement notices that can be issued and enforced in accordance with Part 5 of the Regulatory Powers Act. 611E Infringement notices Provisions subject to an infringement notice (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act: (a) subsection 249(2); (b) subsection 284(5); (c) subsection 286A(7); (d) subsection 508(4); (e) subsection 509(4); (f) subsection 575(4); (g) subsection 602K(6); (h) subsection 697(3); (i) subclause 6(3) of Schedule 3; (j) subclause 82(9) of Schedule 3; (k) subclause 83(4) of Schedule 3. Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions. Infringement officers (2) The following table has effect. Infringement officers Item For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons … is an infringement officer in relation to the following provisions in this Act … 1 The Chief Executive Officer of NOPSEMA (a) subsection 286A(7); (b) subsection 575(4); (c) subsection 602K(6); (d) subclause 6(3) of Schedule 3; (e) subclause 82(9) of Schedule 3; (f) subclause 83(4) of Schedule 3. 2 The Titles Administrator (a) subsection 249(2); (b) subsection 284(5); (c) subsection 286A(7); (d) subsection 508(4); (e) subsection 509(4); (f) subsection 697(3). 3 A NOPSEMA inspector (a) subsection 249(2); (b) subsection 284(5); (c) subsection 286A(7); (d) subsection 508(4); (e) subsection 509(4); (f) subsection 575(4); (g) subsection 602K(6); (h) subsection 697(3); (i) subclause 6(3) of Schedule 3; (j) subclause 82(9) of Schedule 3; (k) subclause 83(4) of Schedule 3. Relevant chief executive (3) For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to an infringement notice is as follows: (a) the Chief Executive Officer of NOPSEMA, if the notice may be issued by the Chief Executive Officer of NOPSEMA; (b) the Secretary, if the notice may be issued by the Titles Administrator; (c) if the notice may be issued by either the Chief Executive Officer of NOPSEMA or the Titles Administrator—either of them. (4) If the Secretary is the relevant chief executive, he or she may, in writing, delegate to an SES employee, or acting SES employee, in the Department the power to extend the period referred to in paragraph 108(1)(j) of the Regulatory Powers Act. Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901. Note 3: If the Chief Executive Officer of NOPSEMA is the relevant chief executive, see section 675 for the power to delegate. (5) A person exercising power under a delegation under subsection (4) must comply with any written directions of the relevant chief executive. Single infringement notice may deal with more than one contravention (6) Despite subsection 107(3) of the Regulatory Powers Act, a single infringement notice may be given to a person in respect of: (a) 2 or more alleged contraventions of a provision mentioned in subsection (1); or (b) alleged contraventions of 2 or more provisions mentioned in subsection (1). However, the notice must not require the person to pay more than one amount in respect of the same conduct. Regulations may set out other matters to be included (7) A regulation made under this Act may set out any other matters that are to be included in an infringement notice given in relation to a contravention of a provision mentioned in subsection (1). Extension to offshore areas (8) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each offshore area. 611F Infringement notice—multiple contraventions In addition to the circumstances set out in subsection 107(4) of the Regulatory Powers Act, and despite subsection 107(3) of that Act, an infringement officer may also give a person a single infringement notice relating to multiple contraventions of a single provision if, under this Act or a regulation, the person: (a) commits a separate offence in respect of each day during which the offence continues; or (b) is separately liable for a civil penalty in respect of each day during which the liability continues. 611G Evidentiary matters (1) The relevant chief executive may issue a certificate signed by him or her stating: (a) that the relevant chief executive did not allow further time under section 109 of the Regulatory Powers Act to pay the penalty for an offence, or a civil penalty, under this Act or a regulation, stated in an infringement notice; and (b) that the penalty has not been paid in accordance with the notice within 28 days after the day the infringement notice is given. (2) The relevant chief executive may issue a certificate signed by him or her stating: (a) that the relevant chief executive allowed, under section 109 of the Regulatory Powers Act, the further time specified in the certificate for payment of the penalty for an offence, or a civil penalty, under this Act or a regulation, stated in an infringement notice; and (b) that the penalty has not been paid in accordance with the notice or within the further time allowed. (3) The relevant chief executive may issue a certificate signed by him or her stating that a specified infringement notice was withdrawn on a day specified in the certificate. (4) For all purposes and in all proceedings, a document purporting to be a certificate under subsection (1), (2) or (3) must, unless the contrary is established, be taken to be such a certificate and to have been properly given. (5) For all purposes and in all proceedings, a certificate under subsection (1), (2) or (3) is prima facie evidence of the matters stated in the certificate. Division 6—Injunctions 611H Simplified outline The following is a simplified outline of this Division: • This Division provides for the grant of injunctions to enforce compliance with this Act, relying on the framework set out in Part 7 of the Regulatory Powers Act. 611J Injunctions Enforceable provisions and authorised persons (1) The provisions listed in the table in this section are enforceable under Part 7 of the Regulatory Powers Act. Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions. (2) The following table has effect. Enforceable provisions and authorised persons Item For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons ... is an authorised person in relation to the following provisions in this Act (to the extent indicated) ... 1 The responsible Commonwealth Minister (a) subsection 97(1); (b) subsection 160(1); (c) subsection 193(1); (d) subsection 210(1); (e) subsection 227(5); (f) subsections 575(1), (2), (3), (3A), (3B) and (3C), in relation to a direction given by that Minister (see section 574A); (g) subsection 576(1) in relation to a direction given by that Minister (see section 574A); (h) subsection 587B(1) in relation to a direction given by that Minister (see sections 586A and 587A); (i) subsections 758(1) and (3); (j) subsections 759(4) and (4A); (k) section 764; (l) section 765. 2 The Secretary Subsection 780F(5). 3 The Chief Executive Officer of NOPSEMA (a) subsection 280(2); (b) subsections 286A(2), (3), (4) and (5); (c) subsection 569(1); (d) subsection 571(2); (e) subsections 572(2) and (3), to the extent those subsections apply in relation to petroleum titles; (f) subsections 575(1), (2), (3), (3A), (3B) and (3C), in relation to a direction given by NOPSEMA (see section 574); (g) subsection 576(1), in relation to a direction given by NOPSEMA (see section 574); (h) subsection 576D(1); (i) subsection 587B(1) in relation to a direction given by NOPSEMA (see sections 586 and 587); (j) subsection 602K(5); (k) subsection 603(1); (l) subsections 616(3), (5), (7) and (9); (m) subsections 619(1), (3), (5) and (7); (n) subsections 620(2), (3), (4) and (5); (o) subsections 621(3), (4), (7), (9), (10), (11) and (12); (p) subclauses 6(1) and (2) of Schedule 2A; (q) subclause 7(3) of Schedule 2A; (r) subclause 8(5) of Schedule 2A; (s) subclause 10(7) of Schedule 2A; (t) subclause 11A(6) of Schedule 2A; (u) subclause 11D(2) of Schedule 2A; (v) subclauses 12(1), (2) and (3) of Schedule 2A; (w) subclauses 6(1) and (2) of Schedule 3; (x) subclauses 9(1), 10(1), 11(1), 12(1) and (2), 13(1), 13A(1) and (2), 14(1) and 15(1) of Schedule 3; (y) subclauses 54(1) and (1A) of Schedule 3; (z) subclause 73(3) of Schedule 3; (za) subclauses 74(5) and (7) of Schedule 3; (zb) subclause 76(7) of Schedule 3; (zc) subclause 77(7) of Schedule 3; (zd) subclause 78A(1) of Schedule 3; (ze) subclauses 79(1), (2) and (3) of Schedule 3; (zf) subclauses 82(1) and (6) of Schedule 3; (zg) subclause 83(1) of Schedule 3; (zh) subclause 86(1) of Schedule 3; (zi) subclause 87(1) and (2) of Schedule 3; (zj) subclause 88(1) of Schedule 3. 4 The Titles Administrator (a) subsections 228(1) and (1A); (b) subsection 249(1); (c) subsection 284(2); (d) subsections 286A(2), (3), (4) and (5); (e) subsections 507(4), (5) and (5A); (f) subsections 508(4), (5) and (5A); (g) subsections 509(4), (6) and (6A); (h) subsection 512(1); (i) section 513; (j) subsection 514(1); (k) subsection 568(2); (l) subsections 697(3) and (3B); (m) subsections 699(5) and (5A); (n) section 705; (o) section 706; (p) section 707. Relevant court (3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1): (a) the Federal Court; (b) the Federal Circuit Court; (c) the Supreme Court of a State or Territory. Consent injunctions (4) A relevant court may grant an injunction under Part 7 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) by consent of all the parties to proceedings brought under that Part, whether or not the court is satisfied that section 127 of that Act applies. Extension to offshore areas (5) Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each offshore area. Division 7—Adverse publicity orders 611K Simplified outline The following is a simplified outline of this Division: • This Division provides for adverse publicity orders to be made by a court. 611L Adverse publicity orders Scope (1) This section applies if a court: (a) finds a body corporate guilty of an offence against a provision of this Act, or of a regulation, whether or not the court convicts the body corporate of the offence; or (b) finds a body corporate guilty of an offence against section 6 of the Crimes Act 1914 (whether or not the court convicts the body corporate of the offence) in relation to an offence referred to in paragraph (a) of this subsection; or (c) orders a body corporate to pay a civil penalty for a contravention of a provision of this Act or of a regulation. Note: For ancillary offences, see section 11.6 of the Criminal Code. Order by court (2) The court may make an order (the adverse publicity order): (a) on the application of the person prosecuting the offence or taking the action to obtain a civil penalty order; and (b) in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence or contravention. An application may only be made within 6 years after the commission of the offence or the contravention. (3) An adverse publicity order may require the body: (a) to take either or both of the following actions within the period specified in the order: (i) to publicise, in the way specified in the order, the offence or civil penalty order, its consequences, the penalty imposed and any other related matter; (ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence or civil penalty order, its consequences, the penalty imposed and any other related matter; and (b) to give NOPSEMA or the Titles Administrator (as specified in the order), within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the body in accordance with the order. Failing to give evidence (4) If the body fails to give evidence in accordance with paragraph (3)(b), NOPSEMA or the Titles Administrator (as the case requires) may take the action or actions specified in the order. Action not in accordance with order (5) NOPSEMA or the Titles Administrator (as the case requires) (the applicant) may apply to a court for an order authorising the applicant, or a person authorised in writing by the applicant, to take the action or actions if: (a) the body gives evidence to the applicant in accordance with paragraph (3)(b); but (b) despite that evidence, the applicant is not satisfied that the body has taken the action or actions specified in the order in accordance with the order. (6) If the applicant takes one or more actions under subsection (4) or an order under subsection (5), the applicant is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to the applicant on behalf of the Commonwealth. (7) An authorisation by the applicant under subsection (5) is not a legislative instrument. 2 Subsection 675(1) After "section", insert "611G or". 3 After paragraph 790A(a) Insert: (aa) provide for a fine of not more than 50 penalty units for each day on which a contravention of a civil penalty provision occurs; and (ab) provide that an offence or a civil penalty provision in a regulation is subject to an infringement notice (see Part 5 of the Regulatory Powers Act); and (ac) make a provision of a legislative instrument enforceable under Part 7 of the Regulatory Powers Act (which deals with injunctions); and (ad) provide that a person is an authorised person in relation to one or more provisions for the purposes of Part 7 of the Regulatory Powers Act; and 4 Subclause 79(4) of Schedule 3 After "offence", insert "of strict liability". 5 At the end of subclause 79(4) of Schedule 3 Add: Note: For strict liability, see section 6.1 of the Criminal Code. 6 Subclause 79(6) of Schedule 3 Repeal the subclause. 7 Subclause 83(4) of Schedule 3 After "offence", insert "of strict liability". 8 At the end of subclause 83(4) of Schedule 3 Add: Note: For strict liability, see section 6.1 of the Criminal Code. 9 Subclause 83(5) of Schedule 3 Repeal the subclause. Division 2—Application 10 Application Infringement notices (1) Division 5 of Part 6.5 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Offshore Act), as inserted by Division 1 of this Part, applies in relation to an offence or contravention committed against the Offshore Act on or after the commencement of this Part. Injunctions (2) Division 6 of Part 6.5 of the Offshore Act, as inserted by Division 1 of this Part, applies in relation to: (a) conduct that a person has engaged in, is engaging or is proposing to engage in, on or after the commencement of this Part; and (b) a refusal or failure to do a thing, or a proposal to refuse or fail to do a thing, on or after the commencement of this Part. Adverse publicity orders (3) Division 7 of Part 6.5 of the Offshore Act, as inserted by Division 1 of this Part, applies in relation to an offence or contravention committed against the Offshore Act, or a regulation under that Act, on or after the commencement of this Part. Part 2—Continuing offences and civil penalty provisions Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 11 Subsection 227(5) After "offence", insert "of strict liability". 12 At the end of subsection 227(5) Add: Note: For strict liability, see section 6.1 of the Criminal Code. 13 Subsection 227(5A) Repeal the subsection, substitute: (5A) The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsection (5) is a continuing offence under section 4K of the Crimes Act 1914. 14 At the end of section 228 Add: Continuing offences (4) A person who commits an offence against subsection (1) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues. (5) The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Continuing contraventions of civil penalty provisions (6) A person who contravenes subsection (1A) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues. (7) The maximum civil penalty for each day that a contravention of subsection (1A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. 15 Subsection 249(2) After "offence", insert "of strict liability". 16 At the end of subsection 249(2) Add: Note: For strict liability, see section 6.1 of the Criminal Code. 17 Subsection 249(3) Repeal the subsection. 18 At the end of section 249 Add: Continuing offences and continuing contraventions of civil penalty provisions (5) The maximum penalty for each day that an offence under subsection (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsection (2) is a continuing offence under section 4K of the Crimes Act 1914. (6) The maximum civil penalty for each day that a contravention of subsection (4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: Subsection (4) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act. 19 Subsection 284(5) After "offence", insert "of strict liability". 20 At the end of subsection 284(5) Add: Note: For strict liability, see section 6.1 of the Criminal Code. 21 Subsection 284(6) Repeal the subsection. 22 At the end of section 284 Add: Continuing offences and continuing contraventions of civil penalty provisions (8) The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsection (5) is a continuing offence under section 4K of the Crimes Act 1914. (9) The maximum civil penalty for each day that a contravention of subsection (7) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: Subsection (7) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act. 23 Subsection 286A(7) After "offence", insert "of strict liability". 24 At the end of subsection 286A(7) Add: Note: For strict liability, see section 6.1 of the Criminal Code. 25 Subsection 286A(8) Repeal the subsection. 26 After subsection 286A(8A) Insert: Continuing offences and continuing contraventions of civil penalty provisions (8B) The maximum penalty for each day that an offence under subsection (7) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsection (7) is a continuing offence under section 4K of the Crimes Act 1914. (8C) The maximum civil penalty for each day that a contravention of subsection (8A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: Subsection (8A) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act. 27 After subsection 507(5A) Insert: Continuing offences and continuing contraventions of civil penalty provisions (5B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914. (5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: Subsection (5A) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act. 28 At the end of subsection 507(6) (before the note) Add: ; (d) subsection (5B); (e) subsection (5C). 29 Subsection 508(4) After "offence", insert "of strict liability". 30 At the end of subsection 508(4) Add: Note: For strict liability, see section 6.1 of the Criminal Code. 31 Subsection 508(4A) Repeal the subsection. 32 After subsection 508(5A) Insert: Continuing offences and continuing contraventions of civil penalty provisions (5B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914. (5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: Subsection (5A) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act. 33 At the end of subsection 508(6) (before the note) Add: ; (d) subsection (5B); (e) subsection (5C). 34 Subsection 509(4) After "offence", insert "of strict liability". 35 At the end of subsection 509(4) Add: Note: For strict liability, see section 6.1 of the Criminal Code. 36 Subsection 509(5) Repeal the subsection. 37 After subsection 509(6A) Insert: Continuing offences and continuing contraventions of civil penalty provisions (6B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914. (6C) The maximum civil penalty for each day that a contravention of subsection (6A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: Subsection (6A) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act. 38 At the end of subsection 509(7) (before the note) Add: ; (d) subsection (6B); (e) subsection (6C). 39 Subsection 575(4) After "offence", insert "of strict liability". 40 At the end of subsection 575(4) Add: Note: For strict liability, see section 6.1 of the Criminal Code. 41 Subsection 575(5) Repeal the subsection. 42 At the end of section 575 Add: Continuing offences (7) A person who commits an offence against subsection (4) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues. (8) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Continuing contraventions of civil penalty provisions (9) A person who contravenes subsection (6) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues. (10) The maximum civil penalty for each day that a contravention of subsection (6) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. 43 At the end of section 576 Add: Continuing offences (8) A person who commits an offence against subsection (2) or (4) commits a separate offence in respect of each day (including a day of a conviction under that subsection or any later day) during which the offence against that subsection continues. (9) The maximum penalty for each day that the offence continues is 10% of the maximum penalty that can be imposed in respect of that offence. Continuing contraventions of civil penalty provisions (10) A person who contravenes subsection (5) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues. (11) The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. 44 At the end of section 576D Add: Continuing offences and continuing contraventions of civil penalty provisions (6) The maximum penalty for each day that an offence under subsection (2) or (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsections (2) and (4) are continuing offences under section 4K of the Crimes Act 1914. (7) The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: Subsection (5) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act. 45 After subsection 587B(5) Insert: Continuing offences and continuing contraventions of civil penalty provisions (5A) The maximum penalty for each day that an offence under subsection (2) or (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsections (2) and (4) are continuing offences under section 4K of the Crimes Act 1914. (5B) The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: Subsection (5) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act. 46 At the end of Division 4 of Part 6.5 Add: 611C Contravening civil penalty provisions Scope (1) This section applies if a person is liable for a civil penalty under a civil penalty provision of this Act, or of a regulation, because the person has contravened, or breached a requirement of, another provision of this Act, or of another regulation. References to contraventions (2) For the purposes of this Act, the person is taken to have contravened the civil penalty provision if the person has contravened, or breached the requirement, of the other provision. 47 Subsection 697(3) After "offence", insert "of strict liability". 48 At the end of subsection 697(3) Add: Note: For strict liability, see section 6.1 of the Criminal Code. 49 Subsection 697(3A) Repeal the subsection. 50 After subsection 697(3B) Insert: Continuing offences (3C) A person who commits an offence against subsection (3) by failing to comply with a direction to which paragraph (2)(c) applies commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues. (3D) The maximum penalty for each day to which subsection (3C) applies is 10% of the maximum penalty that can be imposed in respect of that offence. Continuing contraventions of civil penalty provisions (3E) A person who contravenes subsection (3B) by failing to comply with a direction to which paragraph (2)(c) applies commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues. (3F) The maximum civil penalty for each day to which subsection (3E) applies is 10% of the maximum civil penalty that can be imposed in respect of that contravention. 51 After subsection 699(5A) Insert: Continuing offences and continuing contraventions of civil penalty provisions (5B) The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: To the extent that subsection (5D) provides, subsection (5) is a continuing offence under section 4K of the Crimes Act 1914. (5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: To the extent that subsection (5D) provides, subsection (5A) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act. (5D) Subsections (5B) and (5C) apply only in relation to a contravention of a requirement to which paragraph (2)(a), (b) or (c) applies. 52 After paragraph 699(6)(aa) Insert: (ab) subsection (5B); (ac) subsection (5C); 53 After subsection 780F(6) Insert: Continuing offences (6A) A person who commits an offence against subsection (5) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues. (6B) The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence. 54 Before subclause 6(1) of Schedule 3 Insert: Basic requirements 55 Subclause 6(3) of Schedule 3 After "offence", insert "of strict liability". 56 At the end of subclause 6(3) of Schedule 3 Add: Note: For strict liability, see section 6.1 of the Criminal Code. 57 Subclause 6(4) of Schedule 3 Repeal the subclause. 58 After subclause 6(4A) of Schedule 3 Insert: Continuing offences (4B) A person who commits an offence against subclause (3) commits a separate offence in respect of each day (including a day of a conviction under this clause or any later day) during which the offence continues. (4C) The maximum penalty for each day that an offence under subclause (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Continuing contraventions of civil penalty provisions (4D) A person who contravenes subclause (4A) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues. (4E) The maximum civil penalty for each day that a contravention of subclause (4A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Operators who are individuals 59 At the end of clause 77 of Schedule 3 Add: Continuing offences (8) A person who commits an offence against subclause (7) commits a separate offence in respect of each day (including a day of a conviction under this clause or any later day) during which the offence continues. (9) The maximum penalty for each day that an offence under subclause (7) continues is 10% of the maximum penalty that can be imposed in respect of that offence. 60 At the end of clause 78A of Schedule 3 Add: Continuing offences and continuing contraventions of civil penalty provisions (4) The maximum penalty for each day that an offence under subclause (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subclause (2) is a continuing offence under section 4K of the Crimes Act 1914. (5) The maximum civil penalty for each day that a contravention of subclause (3) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: Subclause (3) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act. 61 Subclause 82(4) of Schedule 3 After "offence", insert "of strict liability". 62 At the end of subclause 82(4) of Schedule 3 Add: Note: For strict liability, see section 6.1 of the Criminal Code. 63 Subclause 82(5) of Schedule 3 Repeal the subclause. 64 Subclause 82(9) of Schedule 3 After "offence", insert "of strict liability". 65 At the end of subclause 82(9) of Schedule 3 Add: Note: For strict liability, see section 6.1 of the Criminal Code. 66 Subclause 82(10) of Schedule 3 Repeal the subclause, substitute: Continuing offences (10) A person who commits an offence against subclause (4) or (9) commits a separate offence in respect of each day (including a day of a conviction under that subclause or any later day) during which the offence continues. (11) The maximum penalty for each day that an offence under subclause (4) or (9) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Division 2—Application 67 Application The amendments of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by Division 1 of this Part apply in relation to an offence or contravention committed against that Act on or after the commencement of this Part. Schedule 2—Prohibition and improvement notices Part 1—Environmental prohibition and improvement notices Division 1—Main amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 1 Paragraph 602E(2)(a) Omit "a do not disturb notice under clause 10 of Schedule 2A", substitute "any of the following: (i) an environmental do not disturb notice under clause 10 of Schedule 2A; (ii) an environmental prohibition notice under clause 11A of Schedule 2A; (iii) an environmental improvement notice under clause 11C of Schedule 2A;". 2 Clause 2 of Schedule 2A (definition of do not disturb notice) Repeal the definition. 3 Clause 2 of Schedule 2A Insert: environmental do not disturb notice has the meaning given by subclause 10(2). environmental improvement notice has the meaning given by subclause 11C(2). environmental prohibition notice has the meaning given by subclause 11A(2). 4 After clause 11 of Schedule 2A Insert: 11A Petroleum environmental inspections—environmental prohibition notices (issue) Scope (1) This clause applies if a NOPSEMA inspector is conducting a petroleum environmental inspection in relation to offshore petroleum premises. When notice may be issued (2) A NOPSEMA inspector may issue a notice (an environmental prohibition notice) to a titleholder, in writing, under this clause if, in conducting the inspection, the inspector is satisfied on reasonable grounds that: (a) one or more of the following is the case: (i) an activity is occurring at the premises that involves an immediate and significant threat to the environment; (ii) an activity may occur at the premises that, if it occurred, would involve an immediate and significant threat to the environment; (iii) the operation or use of the premises involves an immediate and significant threat to the environment; (iv) the operation or use of the premises, if it occurred, would involve an immediate and significant threat to the environment; and (b) it is reasonably necessary to issue the notice in order to remove the threat. Note: The notice will be published on NOPSEMA's website (see clause 12A). How notice may be issued (3) Without limiting the way in which the notice may be issued, the notice may be issued to the titleholder by being given to the titleholder's representative at the premises who is nominated for the inspection. Contents of notice (4) The notice must: (a) state that the inspector is satisfied on reasonable grounds that a specified circumstance mentioned in paragraph (2)(a) applies, and set out those grounds; and (b) specify the activity at the premises, or the operation or use of the premises, that involves a threat to the environment; and (c) specify the threat to the environment, and describe the environment that is subject to the threat; and (d) direct the titleholder to ensure: (i) that the activity is not conducted; or (ii) that the activity is not conducted in a specified manner; or (iii) that the premises are not operated or used; or (iv) that the premises are not operated or used in a specified manner. (5) The notice may specify action that may be taken to satisfy a NOPSEMA inspector that adequate action has been taken to remove the threat to the environment. Offence (6) A person commits an offence if: (a) the person is subject to an environmental prohibition notice; and (b) the person omits to do an act; and (c) the omission breaches the notice. Penalty: 600 penalty units. Continuing offences (7) A person who commits an offence against subclause (6) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues. (8) The maximum penalty for each day that an offence under subclause (6) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Definition (9) In this clause: premises, in relation to offshore petroleum premises, includes: (a) a particular part of the premises; and (b) particular plant or equipment, or a particular substance or thing, at the premises. 11B Petroleum environmental inspections—environmental prohibition notices (notification) Scope (1) This clause applies if a NOPSEMA inspector issues an environmental prohibition notice to a titleholder under clause 11A that concerns a threat to the environment in relation to: (a) an activity at offshore petroleum premises; or (b) the operation or use of offshore petroleum premises. Notice to interested persons (2) As soon as practicable after issuing the notice, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to the following persons: (a) if the premises are a facility—the operator's representative at the facility; (b) if the premises are a vessel under the command or charge of a master—the master; (c) if the premises are (or the relevant plant, equipment, substance or thing is) owned by a person other than the titleholder or operator—that owner. Display of notice (3) The titleholder must cause a copy of the notice to be displayed in a prominent place at the premises. Inadequate action in response to notice (4) If a NOPSEMA inspector is satisfied that action taken by the titleholder to remove the threat to the environment is not adequate, the inspector must inform the titleholder accordingly. (5) In making a decision under subclause (4), a NOPSEMA inspector may exercise such of the powers of a NOPSEMA inspector conducting a petroleum environmental inspection as the inspector considers necessary for the purposes of making the decision. When notice ceases to have effect (6) The notice ceases to have effect in relation to a titleholder when a NOPSEMA inspector notifies the titleholder that the inspector is satisfied that the titleholder, or another person, has taken adequate action to remove the threat to the environment. Definition (7) In this clause: premises, in relation to offshore petroleum premises, includes: (a) a particular part of the premises; and (b) particular plant or equipment, or a particular substance or thing, at the premises. 11C Petroleum environmental inspections—environmental improvement notices (issue) Scope (1) This clause applies if a NOPSEMA inspector is conducting a petroleum environmental inspection in relation to offshore petroleum premises. When notice may be issued (2) A NOPSEMA inspector may issue a notice (an environmental improvement notice) to a titleholder, in writing, under this clause if, in conducting the inspection, the inspector is satisfied on reasonable grounds that: (a) the titleholder: (i) is contravening a provision of a petroleum environmental law; or (ii) has contravened a provision of a petroleum environmental law and is likely to contravene that provision again; and (b) as a result, there is, or may be, a significant threat to the environment. Note: The notice will be published on NOPSEMA's website (see clause 12A). How notice may be issued (3) Without limiting the way in which the notice may be issued, the notice may be issued to the titleholder by being given to the titleholder's representative at the premises who is nominated for the inspection. Contents of notice (4) The notice must: (a) state that the inspector is satisfied on reasonable grounds that a specified contravention of a petroleum environmental law is occurring, or has occurred and is likely to occur again, and set out those grounds; and (b) state that the inspector is satisfied on reasonable grounds that as a result of that contravention, there is, or may be, a significant threat to the environment, and set out those grounds; and (c) specify the threat to the environment, and describe the environment that is subject to the threat; and (d) specify action that the inspector is satisfied on reasonable grounds is required to be taken by the titleholder to remove the threat; and (e) specify a period within which the titleholder is to take the action. Period of notice and action to be taken (5) The period specified in the notice must be reasonable. (6) If the NOPSEMA inspector is satisfied on reasonable grounds that it is appropriate to do so, the NOPSEMA inspector may, in writing and before the end of the period, extend the period specified in the notice. 11D Petroleum environmental inspections—environmental improvement notices (compliance and notification) Scope (1) This clause applies if, in the course of a petroleum environmental inspection in relation to offshore petroleum premises, a NOPSEMA inspector issues an environmental improvement notice to a titleholder under clause 11C that concerns a contravention, or likely contravention, of a petroleum environmental law. Duty of titleholder (2) The titleholder must ensure that the notice is complied with. Offence (3) A person commits an offence if: (a) the person is subject to a requirement under subclause (2); and (b) the person omits to do an act; and (c) the omission breaches the requirement. Penalty: 300 penalty units. Civil penalty (4) A person is liable to a civil penalty if the person contravenes a requirement under subclause (2). Civil penalty: 400 penalty units. Notice to interested persons (5) As soon as practicable after issuing the notice, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to the following persons: (a) if the premises are a facility—the operator's representative at the facility; (b) if the premises are a vessel under the command or charge of a master—the master; (c) if the premises are owned by a person other than the titleholder or operator—that owner. Display of notice (6) The titleholder must cause a copy of the notice to be displayed in a prominent place at the premises. Continuing offences and continuing contraventions of civil penalty provisions (7) The maximum penalty for each day that an offence under subclause (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subclause (3) is a continuing offence under section 4K of the Crimes Act 1914. (8) The maximum civil penalty for each day that a contravention of subclause (4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention