Schedule 1—Scheduled
areas for the States and Territories
Note: See section 8 (for datum, see sections 40,
48 and 49).
1
Scheduled area for New South Wales
(1) The scheduled area for New
South Wales is the area the boundary of which commences at a point that is the
intersection of the coastline at mean low water by the geodesic between the
trigonometrical station known as Point Danger near Point Danger and a point of
Latitude 27° 57’ 54.23” South, Longitude 154° 00’ 03.78” East and runs thence
north‑easterly along that geodesic to the last‑mentioned point:
(a) thence north‑easterly along
the geodesic to a point of Latitude 27° 47’ 54.22” South, Longitude 154° 22’
03.75” East; and
(b) thence easterly along the geodesic
to a point of Latitude 26° 58’ 58.99” South, Longitude 165° 40’ 03.01” East;
and
(c) thence south along the loxodrome
to a point of Latitude 31° 49’ 56.57” South, Longitude 165° 40’ 03.13” East;
and
(d) thence clockwise north‑westerly
along the geodesic arc of radius 200 nautical miles concave to Norfolk Island
to a point of Latitude 31° 30’ 00.01” South, Longitude 165° 13’ 27.08” East;
and
(e) thence south‑westerly along
the geodesic to a point of Latitude 32° 30’ 00.01” South, Longitude 163° 06’
58.81” East; and
(f) thence clockwise southerly along
the geodesic arc of radius 200 nautical miles concave to Lord Howe Island to a
point of Latitude 33° 52’ 40.26” South, Longitude 162° 21’ 59.44” East; and
(g) thence south‑easterly along
the geodesic to a point of Latitude 36° 36’ 25.68” South, Longitude 163° 15’
37.64” East; and
(h) thence clockwise south‑westerly
along the geodesic arc of radius 350 nautical miles concave to Lord Howe Island
to a point of Latitude 37° 26’ 21.32” South, Longitude 161° 04’ 38.06” East;
and
(i) thence south‑westerly along
the geodesic to a point of Latitude 37° 30’ 11.13” South, Longitude 161° 00’
14.00” East; and
(j) thence south‑westerly along
the geodesic to a point of Latitude 37° 43’ 11.19” South, Longitude 160° 49’
46.53” East; and
(k) thence south‑westerly along
the geodesic to a point of Latitude 37° 52’ 48.03” South, Longitude 160° 41’
59.88” East; and
(l) thence south‑westerly along
the geodesic to a point of Latitude 37° 56’ 01.02” South, Longitude 160° 39’
23.45” East; and
(m) thence south‑westerly along
the geodesic to a point of Latitude 38° 03’ 21.96” South, Longitude 160° 33’
24.99” East; and
(n) thence south‑westerly along
the geodesic to a point of Latitude 38° 19’ 36.20” South, Longitude 160° 23’
49.32” East; and
(o) thence south‑westerly along
the geodesic to a point of Latitude 39° 11’ 54.09” South, Longitude 160°00’
03.82” East; and
(p) thence south‑westerly along
the geodesic to a point of Latitude 40° 39’ 54.14” South, Longitude 158° 53’
03.98” East; and
(q) thence north‑westerly along
the geodesic to a point of Latitude 37° 34’ 54.39” South, Longitude 150° 10’
04.43” East; and
(r) thence north‑westerly along
the geodesic to the intersection of the coastline at mean low water by the
boundary between the States of New South Wales and Victoria; and
(s) thence generally northerly along
the coastline of Australia at mean low water to the point of commencement.
(2) If there is any difference between:
(a) the position on the surface of the
Earth of a point (the first point) mentioned in any of paragraphs (1)(c)
to (n); and
(b) the position on the surface of the
Earth of the closest point on a line described in Article 2 of the New Zealand
boundary treaty;
subclause (1) has effect as if the reference to the
first point were replaced by a reference to that closest point.
2
Scheduled area for Victoria
The scheduled area for
Victoria is the area the boundary of which commences at a point that is the
intersection of the coastline at mean low water by the boundary between the
States of New South Wales and Victoria and runs thence south‑easterly
along the geodesic to a point of Latitude 37° 34’ 54.39” South, Longitude 150°
10’ 04.43” East:
(a) thence south‑easterly along
the geodesic to a point of Latitude 40° 39’ 54.14” South, Longitude 158° 53’
03.98” East; and
(b) thence south‑westerly along
the geodesic to a point of Latitude 41° 29’ 54.17” South, Longitude 158° 13’
04.08” East; and
(c) thence north‑westerly along
the geodesic to a point of Latitude 39° 11’ 54.42” South, Longitude 150° 00’
04.52” East; and
(d) thence westerly along the
loxodrome to a point of Latitude 39° 11’ 54.71” South to its intersection by
the meridian of Longitude 142° 30’ 04.95” East; and
(e) thence south‑westerly along
the geodesic to a point of Latitude 39° 49’ 54.74” South, Longitude 142° 00’
05.02” East; and
(f) thence south‑westerly along
the geodesic to a point of Latitude 43° 59’ 55.11” South, Longitude 136° 29’
05.64” East; and
(g) thence north‑easterly along
the geodesic to a point of Latitude 38° 40’ 42.76” South, Longitude 140° 40’
49.00” East; and
(h) thence north‑easterly along
the geodesic to a point of Latitude 38° 35’ 24.75” South, Longitude 140° 44’
41.98” East; and
(i) thence north‑easterly along
the geodesic to a point of Latitude 38° 25’ 54.75” South, Longitude 140° 53’
04.96” East; and
(j) thence north‑easterly along
the geodesic to a point of Latitude 38° 14’ 54.73” South, Longitude 140° 57’
04.94” East; and
(k) thence north‑easterly along
the geodesic to a point that is the intersection of the parallel of Latitude
38° 09’ 54.73” South by the meridian passing through the intersection of the
coastline at mean low water by the boundary between the States of South
Australia and Victoria; and
(l) thence north along that meridian
to its intersection by the coastline at mean low water; and
(m) thence along the coastline of the
State of Victoria at mean low water to the point of commencement.
3
Scheduled area for Queensland
The scheduled area for Queensland
is the area the boundary of which commences at a point that is the intersection
of the coastline at mean low water by the boundary between the Northern
Territory of Australia and the State of Queensland and runs:
(a) thence north‑easterly along
the geodesic to the point of Latitude 15° 54’ 54.66” South, Longitude 138° 30’
04.17” East; and
(b) thence northerly along the
loxodrome to a point of Latitude 14° 29’ 54.67” South, Longitude 138° 30’
04.15” East; and
(c) thence easterly along the
loxodrome to a point of Latitude 14° 29’ 54.66” South, Longitude 139° 15’
04.12” East; and
(d) thence northerly along the
loxodrome to a point of Latitude 10° 59’ 54.71” South, Longitude 139° 15’
04.06” East; and
(e) thence north‑westerly along
the geodesic to the point of Latitude 10° 50’ 54.71” South, Longitude 139° 12’
34.06” East; and
(f) thence north‑westerly along
the geodesic to the point of Latitude 10° 49’ 54.71” South, Longitude 139° 12’
04.06” East; and
(g) thence south‑easterly along
the geodesic to the point of Latitude 11° 08’ 54.70” South, Longitude 139° 23’
04.06” East; and
(h) thence north‑easterly along
the geodesic to the point of Latitude 10° 58’ 54.70” South, Longitude 140° 00’
04.04” East; and
(i) thence north‑easterly along
the geodesic to the point of Latitude 9° 45’ 54.65” South, Longitude 142° 00’
04.00” East; and
(j) thence north‑easterly along
the geodesic to the point of Latitude 9° 45’ 18.64” South, Longitude 142° 03’
34.00” East; and
(k) thence north‑easterly along
the geodesic to the point of Latitude 9° 41’ 54.60” South, Longitude 142° 23’
04.02” East; and
(l) thence north‑easterly along
the geodesic to the point of Latitude 9° 40’ 24.61” South, Longitude 142° 51’
03.99” East; and
(m) thence north‑easterly along
the geodesic to the point of Latitude 9° 39’ 54.62” South, Longitude 143° 00’
03.97” East; and
(n) thence north‑easterly along
the geodesic to the point of Latitude 9° 32’ 54.64” South, Longitude 143° 05’
03.96” East; and
(o) thence easterly along the
loxodrome to a point of Latitude 9° 32’ 54.67” South, Longitude 143° 20’ 03.91”
East; and
(p) thence north‑easterly along
the geodesic to the point of Latitude 9° 23’ 54.69” South, Longitude 143° 30’
03.89” East; and
(q) thence north‑easterly along
the geodesic to the point of Latitude 9° 21’ 54.68” South, Longitude 143° 48’
03.88” East; and
(r) thence south‑easterly along
the geodesic to the point of Latitude 9° 29’ 54.68” South, Longitude 144° 15’
03.86” East; and
(s) thence south‑easterly along
the geodesic to the point of Latitude 9° 50’ 54.66” South, Longitude 144° 44’
03.85” East; and
(t) thence south‑easterly along
the geodesic to the point of Latitude 12° 19’ 54.58” South, Longitude 146° 30’
03.81” East; and
(u) thence south‑easterly along
the geodesic to the point of Latitude 12° 38’ 24.57” South, Longitude 147° 08’
33.78” East; and
(v) thence south‑easterly along
the geodesic to the point of Latitude 12° 56’ 17.56” South, Longitude 147° 40’
03.76” East; and
(w) thence southerly along the
loxodrome to a point of Latitude 13° 59’ 54.53” South, Longitude 147° 40’
03.78” East; and
(x) thence westerly along the
loxodrome to a point of Latitude 13° 59’ 54.54” South, Longitude 146° 55’
03.81” East; and
(y) thence southerly along the loxodrome
to a point of Latitude 17° 04’ 54.49” South, Longitude 146° 55’ 03.87” East;
and
(z) thence easterly along the
loxodrome to a point of Latitude 17° 04’ 54.47” South, Longitude 147° 45’
03.83” East; and
(za) thence southerly along the
loxodrome to a point of Latitude 18° 29’ 54.45” South, Longitude 147° 45’
03.86” East; and
(zb) thence easterly along the
loxodrome to a point of Latitude 18° 29’ 54.40” South, Longitude 150° 50’
03.71” East; and
(zc) thence southerly along the
loxodrome to a point of Latitude 19° 59’ 54.37” South, Longitude 150° 50’
03.74” East; and
(zd) thence easterly along the
loxodrome to a point of Latitude 19° 59’ 54.36” South, Longitude 151° 30’
03.71” East; and
(ze) thence south along the loxodrome
to a point of Latitude 20° 24’ 54.35” South, Longitude 151° 30’ 03.71” East;
and
(zf) thence easterly along the
loxodrome to a point of Latitude 20° 24’ 54.32” South, Longitude 153° 05’
03.63” East; and
(zg) thence southerly along the
loxodrome to a point of Latitude 22° 49’ 54.29” South, Longitude 153° 05’
03.69” East; and
(zh) thence easterly along the
loxodrome to a point of Latitude 22° 49’ 54.28” South, Longitude 153° 40’
03.65” East; and
(zi) thence southerly along the
loxodrome to a point of Latitude 23° 14’ 54.27” South, Longitude 153° 40’
03.66” East; and
(zj) thence east along the loxodrome
to a point of Latitude 23° 14’ 54.27” South, Longitude 154° 00’ 03.65” East;
and
(zk) thence southerly along the
loxodrome to a point of Latitude 23° 49’ 54.26” South, Longitude 154° 00’
03.66” East; and
(zl) thence easterly along the
loxodrome to a point of Latitude 23° 49’ 54.23” South, Longitude 155° 15’
03.59” East; and
(zm) thence southerly along the
loxodrome to a point of Latitude 24° 59’ 54.22” South, Longitude 155° 15’ 03.62”
East; and
(zn) thence easterly along the
loxodrome to a point of Latitude 24° 59’ 54.15” South, Longitude 158° 32’
50.43” East; and
(zo) thence south‑easterly along
the geodesic to the point of Latitude 25° 08’ 48.15” South, Longitude 158° 36’
39.42” East; and
(zp) thence south‑easterly along
the geodesic to the point of Latitude 26° 26’ 30.03” South, Longitude 163° 43’
30.13” East; and
(zq) thence north‑easterly along
the geodesic to the point of Latitude 26° 13’ 27.00” South, Longitude 165° 40’
02.99” East; and
(zr) thence southerly along the
loxodrome to a point of Latitude 26° 58’ 58.99” South, Longitude 165° 40’
03.01” East; and
(zs) thence south‑westerly along
the geodesic to the point of Latitude 27° 47’ 54.22” South, Longitude 154° 22’
03.75” East; and
(zt) thence south‑westerly along
the geodesic to the point of Latitude 27° 57’ 54.23” South, Longitude 154° 00’
03.78” East; and
(zu) thence south‑westerly along
the geodesic between the last‑mentioned point and the trigonometrical
station known as Point Danger near Point Danger to its intersection by the
coastline at mean low water; and
(zv) thence along the coastline of the
State of Queensland at mean low water to the point of commencement.
4
Scheduled area for South Australia
The scheduled area for
South Australia is the area the boundary of which commences at a point that is
the intersection of the coastline at mean low water by the boundary between the
States of South Australia and Victoria and runs thence south along the meridian
through that point to its intersection by the parallel of Latitude 38° 09’
54.73” South:
(a) thence south‑westerly along
the geodesic to a point of Latitude 38° 14’ 54.73” South, Longitude 140° 57’
04.94” East; and
(b) thence south‑westerly along
the geodesic to a point of Latitude 38° 25’ 54.75” South, Longitude 140° 53’
04.96” East; and
(c) thence south‑westerly along
the geodesic to a point of Latitude 38° 35’ 24.75” South, Longitude 140° 44’
41.98” East; and
(d) thence south‑westerly along
the geodesic to a point of Latitude 38° 40’ 42.76” South, Longitude 140° 40’
49.00” East; and
(e) thence south‑westerly along
the geodesic to a point of Latitude 43° 59’ 55.11” South, Longitude 136° 29’
05.64” East; and
(f) thence westerly along the
loxodrome to a point of Latitude 43° 59’ 55.49” South, Longitude 129° 00’
05.95” East; and
(g) thence northerly along the
loxodrome to a point of Latitude 31° 44’ 55.02” South, Longitude 129° 00’
05.08” East; and
(h) thence northerly along the
geodesic to the intersection of the coastline at mean low water by the boundary
between the States of South Australia and Western Australia; and
(i) thence along the coastline of the
State of South Australia at mean low water to the point of commencement.
5
Scheduled area for Western Australia
The scheduled area for
Western Australia is the area the boundary of which commences at a point that
is the intersection of the coastline at mean low water by the boundary between
the States of South Australia and Western Australia and runs thence southerly
along the geodesic to a point of Latitude 31° 44’ 55.02” South, Longitude 129°
00’ 05.08” East:
(a) thence southerly along the
loxodrome to a point of Latitude 43° 59’ 55.49” South, Longitude 129° 00’
05.95” East; and
(b) thence westerly along the
loxodrome to a point of Latitude 43° 59’ 56.85” South, Longitude 104° 00’
06.27” East; and
(c) thence northerly along the
loxodrome to a point of Latitude 13° 59’ 55.41” South, Longitude 104° 00’
04.55” East; and
(d) thence easterly along the loxodrome
to a point of Latitude 13° 59’ 55.22” South, Longitude 111° 45’ 04.59” East;
and
(e) thence northerly along the
loxodrome to a point of Latitude 12° 39’ 55.20” South, Longitude 111° 45’
04.56” East; and
(f) thence easterly along the
loxodrome to a point of Latitude 12° 39’ 55.14” South, Longitude 114° 40’
04.56” East; and
(g) thence southerly along the
loxodrome to a point of Latitude 13° 05’ 27.14” South, Longitude 114° 40’
04.57” East; and
(h) thence easterly along the
loxodrome to a point of Latitude 13° 05’ 27.00” South, Longitude 118° 10’ 08.9”
East; and
(i) thence north‑easterly along
the geodesic to a point of Latitude 12° 49’ 54.8” South, Longitude 118° 14’
22.6” East; and
(j) thence north‑westerly along
the geodesic to a point of Latitude 12° 04’ 24.9” South, Longitude 118°
06’ 17.2” East; and
(k) thence north‑westerly along
the geodesic to a point of Latitude 12° 04’ 08.8” South, Longitude 118° 06’
14.4” East; and
(l) thence south‑easterly along
the geodesic to a point of Latitude 12° 04’ 19.0” South, Longitude 118° 07’
44.0” East; and
(m) thence south‑easterly along
the geodesic to a point of Latitude 12° 06’ 21.0” South, Longitude 118° 20’
45.0” East; and
(n) thence south‑easterly along
the geodesic to a point of Latitude 12° 07’ 46.0” South, Longitude 118° 25’
07.0” East; and
(o) thence south‑easterly along
the geodesic to a point of Latitude 12° 10’ 06.0” South, Longitude 118° 35’
16.0” East; and
(p) thence south‑easterly along
the geodesic to a point of Latitude 12° 10’ 26.0” South, Longitude 118° 37’
28.0” East; and
(q) thence south‑easterly along
the geodesic to a point of Latitude 12° 11’ 01.0” South, Longitude 118° 39’
00.0” East; and
(r) thence south‑easterly along
the geodesic to a point of Latitude 12° 13’ 12.0” South, Longitude 118° 43’
09.0” East; and
(s) thence south‑easterly along
the geodesic to a point of Latitude 12° 15’ 57.0” South, Longitude 118° 49’
30.0” East; and
(t) thence south‑easterly along
the geodesic to a point of Latitude 12° 17’ 54.0” South, Longitude 118° 55’
12.0” East; and
(u) thence south‑easterly along
the geodesic to a point of Latitude 12° 18’ 50.0” South, Longitude 118°
58’ 31.0” East; and
(v) thence south‑easterly along
the geodesic to a point of Latitude 12° 19’ 55.0” South, Longitude 119°
02’ 40.0” East; and
(w) thence south‑easterly along
the geodesic to a point of Latitude 12° 20’ 21.0” South, Longitude 119°
05’ 00.0” East; and
(x) thence south‑easterly along
the geodesic to a point of Latitude 12° 21’ 51.0” South, Longitude 119° 09’
03.0” East; and
(y) thence south‑easterly along
the geodesic to a point of Latitude 12° 23’ 42.0” South, Longitude 119°
15’ 23.0” East; and
(z) thence south‑easterly
along the geodesic to a point of Latitude 12° 23’ 58.0” South, Longitude
119° 16’ 35.0” East; and
(za) thence south‑easterly along
the geodesic to a point of Latitude 12° 24’ 59.0” South, Longitude 119° 20’
34.0” East; and
(zb) thence south‑easterly along
the geodesic to a point of Latitude 12° 25’ 43.0” South, Longitude 119° 21’
35.0” East; and
(zc) thence south‑easterly along
the geodesic to a point of Latitude 12° 29’ 19.0” South, Longitude 119°
27’ 17.0” East; and
(zd) thence south‑easterly along
the geodesic to a point of Latitude 12° 32’ 31.0” South, Longitude 119°
33’ 16.0” East; and
(ze) thence south‑easterly along
the geodesic to a point of Latitude 12° 35’ 43.0” South, Longitude 119°
40’ 33.0” East; and
(zf) thence south‑easterly along
the geodesic to a point of Latitude 12° 40’ 33.0” South, Longitude 119°
50’ 28.0” East; and
(zg) thence south‑easterly along
the geodesic to a point of Latitude 12° 41’ 36.0” South, Longitude 119°
52’ 38.0” East; and
(zh) thence south‑easterly along
the geodesic to a point of Latitude 12° 41’ 46.0” South, Longitude 119°
52’ 57.0” East; and
(zi) thence south‑easterly
along the geodesic to a point of Latitude 12° 41’ 57.0” South, Longitude
119° 53’ 18.0” East; and
(zj) thence south‑easterly along
the geodesic to a point of Latitude 12° 43’ 46.0” South, Longitude 119°
56’ 13.0” East; and
(zk) thence south‑easterly along
the geodesic to a point of Latitude 12° 45’ 38.0” South, Longitude 119°
59’ 15.0” East; and
(zl) thence south‑easterly along
the geodesic to a point of Latitude 12° 45’ 47.0” South, Longitude 119°
59’ 31.0” East; and
(zm) thence south‑easterly along
the geodesic to a point of Latitude 12° 46’ 27.9” South, Longitude 120° 00’
46.9” East; and
(zn) thence south along the loxodrome
to a point of Latitude 13° 56’ 31.7” South, Longitude 120° 00’ 46.9” East; and
(zo) thence north‑easterly along
the geodesic to a point of Latitude 12° 43’ 08.29” South, Longitude 121° 49’
15.80” East; and
(zp) thence south‑easterly along
the geodesic to a point of Latitude 12° 55’ 54.99” South, Longitude 122° 06’
04.50” East; and
(zq) thence south‑easterly along
the geodesic to a point of Latitude 13° 19’ 54.98” South, Longitude 122° 41’
04.50” East; and
(zr) thence easterly along the geodesic
to a point of Latitude 13° 19’ 24.97” South, Longitude 123° 16’ 49.49” East;
and
(zs) thence easterly along the
loxodrome to a point of Latitude 13° 19’ 24.94” South, Longitude 124° 27’
49.48” East; and
(zt) thence north‑easterly along
the geodesic to a point of Latitude 13° 13’ 09.94” South, Longitude 124° 36’
19.47” East; and
(zu) thence north‑easterly along
the geodesic to a point of Latitude 12° 46’ 09.93” South, Longitude 124° 55’
34.46” East; and
(zv) thence north‑easterly along
the geodesic to a point of Latitude 11° 50’ 54.92” South, Longitude 125° 27’
49.43” East; and
(zw) thence north‑easterly along
the geodesic to a point of Latitude 11° 44’ 24.92” South, Longitude 125° 31’
34.43” East; and
(zx) thence north‑easterly along
the geodesic to a point of Latitude 10° 21’ 24.91” South, Longitude 126° 10’
34.39” East; and
(zy) thence north‑easterly along
the geodesic to a point of Latitude 10° 12’ 54.90” South, Longitude 126° 26’
34.39” East; and
(zz) thence north‑easterly along
the geodesic to a point of Latitude 10° 04’ 54.90” South, Longitude 126° 47’
34.38” East; and
(zza) thence south‑easterly along
the geodesic to a point of Latitude 11° 13’ 09.88” South, Longitude 127° 32’
04.38” East; and
(zzb) thence south‑easterly along
the geodesic to a point of Latitude 11° 47’ 54.88” South, Longitude 127° 53’
49.38” East; and
(zzc) thence south‑easterly along
the geodesic to a point of Latitude 12° 26’ 24.87” South, Longitude 128° 22’
04.39” East; and
(zzd) thence south‑easterly along
the geodesic to a point of Latitude 12° 32’ 39.87” South, Longitude 128° 24’
04.39” East; and
(zze) thence south‑easterly along
the geodesic to a point of Latitude 12° 55’ 24.86” South, Longitude 128° 28’
04.39” East; and
(zzf) thence southerly along the
loxodrome to a point of Latitude 13° 15’ 24.86” South, Longitude 128° 28’
04.40” East; and
(zzg) thence south‑easterly along
the geodesic to a point of Latitude 13° 39’ 39.86” South, Longitude 128° 30’
49.41” East; and
(zzh) thence south‑easterly along
the geodesic to a point of Latitude 13° 49’ 39.86” South, Longitude 128° 33’
19.41” East; and
(zzi) thence south‑easterly along
the geodesic to a point of Latitude 13° 59’ 54.86” South, Longitude 128° 42’
19.41” East; and
(zzj) thence south‑easterly along
the geodesic to a point of Latitude 14° 19’ 24.89” South, Longitude 128° 53’
04.39” East; and
(zzk) thence south‑easterly along
the geodesic to a point of Latitude 14° 32’ 24.91” South, Longitude 129° 01’
19.38” East; and
(zzl) thence southerly along the
geodesic to a point of Latitude 14° 37’ 24.91” South, Longitude 129° 01’ 49.38”
East; and
(zzm) thence southerly along the geodesic
to the intersection of the coastline at mean low water by the boundary between
the Northern Territory of Australia and the State of Western Australia; and
(zzn) thence along the coastline of the
State of Western Australia at mean low water to the point of commencement.
6
Scheduled area for Tasmania
(1) The scheduled area for
Tasmania is the area the boundary of which commences at a point of Latitude 39°
11’ 54.71” South, Longitude 142° 30’ 04.95” East and runs thence easterly along
the loxodrome to a point of Latitude 39° 11’ 54.42” South, Longitude 150° 00’
04.52” East:
(a) thence south‑easterly along
the geodesic to a point of Latitude 41° 29’ 54.17” South, Longitude 158° 13’
04.08” East; and
(b) thence south‑westerly along
the geodesic to a point of Latitude 45° 59’ 54.35” South, Longitude 155° 24’
04.60” East; and
(c) thence south‑easterly along
the geodesic to a point of Latitude 51° 04’ 48.97” South, Longitude 158° 01’
25.98” East; and
(d) thence clockwise easterly along
the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a
point of Latitude 51° 01’ 38.45” South, Longitude 158° 59’ 53.57” East; and
(e) thence clockwise easterly along
the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a
point of Latitude 51° 10’ 36.31” South, Longitude 160° 37’ 30.11” East; and
(f) thence south‑easterly along
the geodesic to a point of Latitude 51° 26’ 17.81” South, Longitude 160° 57’
46.87” East; and
(g) thence south‑easterly along
the geodesic to a point of Latitude 52° 11’ 26.55” South, Longitude 161° 57’
11.15” East; and
(h) thence south‑easterly along
the geodesic to a point of Latitude 52° 15’ 53.25” South, Longitude 162° 03’
07.43” East; and
(i) thence south‑easterly along
the geodesic to a point of Latitude 52° 27’ 43.13” South, Longitude 162° 18’
59.49” East; and
(j) thence south‑easterly along
the geodesic to a point of Latitude 52° 40’ 46.87” South, Longitude 162° 36’
30.28” East; and
(k) thence south‑easterly along
the geodesic to a point of Latitude 52° 46’ 50.63” South, Longitude 162° 44’
42.77” East; and
(l) thence south‑easterly along
the geodesic to a point of Latitude 52° 47’ 42.62” South, Longitude 162° 45’
53.41” East; and
(m) thence south‑easterly along
the geodesic to a point of Latitude 53° 42’ 58.17” South, Longitude 164° 03’
13.39” East; and
(n) thence south‑easterly along
the geodesic to a point of Latitude 53° 50’ 59.85” South, Longitude 164° 14’
42.04” East; and
(o) thence south‑easterly along
the geodesic to a point of Latitude 54° 13’ 59.00” South, Longitude 164° 26’
41.46” East; and
(p) thence south‑easterly along
the geodesic to a point of Latitude 54° 40’ 13.66” South, Longitude 164° 40’
40.22” East; and
(q) thence south‑easterly along
the geodesic to a point of Latitude 54° 41’ 43.04” South, Longitude 164° 41’
28.44” East; and
(r) thence clockwise south‑westerly
along the geodesic arc of radius 200 nautical miles concave to Macquarie Island
to a point of Latitude 54° 56’ 14.19” South, Longitude 164° 39’ 00.39” East;
and
(s) thence clockwise south‑westerly
along the geodesic arc of radius 200 nautical miles concave to Macquarie Island
to a point of Latitude 55° 00’ 11.95” South, Longitude 164° 38’ 17.35” East;
and
(t) thence clockwise south‑westerly
along the geodesic arc of radius 200 nautical miles concave to Macquarie Island
to a point of Latitude 55° 10’ 06.12” South, Longitude 164° 36’ 21.26” East;
and
(u) thence clockwise south‑westerly
along the geodesic arc of radius 200 nautical miles concave to Macquarie Island
to a point of Latitude 55° 14’ 12.62” South, Longitude 164° 35’ 21.12” East;
and
(v) thence clockwise south‑westerly
along the geodesic arc of radius 200 nautical miles concave to Macquarie Island
to a point of Latitude 55° 42’ 50.11” South, Longitude 164° 26’ 46.41” East;
and
(w) thence clockwise south‑westerly
along the geodesic arc of radius 200 nautical miles concave to Macquarie Island
to a point of Latitude 55° 52’ 23.71” South, Longitude 164° 23’ 57.71” East;
and
(x) thence clockwise south‑westerly
along the geodesic arc of radius 200 nautical miles concave to Macquarie Island
to a point of Latitude 56° 38’ 56.16” South, Longitude 163° 56’ 44.86” East;
and
(y) thence clockwise south‑westerly
along the geodesic arc of radius 200 nautical miles concave to Macquarie Island
to a point of Latitude 56° 52’ 19.73” South, Longitude 163° 44’ 04.71” East;
and
(z) thence clockwise south‑westerly
along the geodesic arc of radius 200 nautical miles concave to Macquarie Island
to a point of Latitude 57° 09’ 53.31” South, Longitude 163° 23’ 17.53” East;
and
(za) thence southerly along the
geodesic to a point of Latitude 57° 21’ 25.18” South, Longitude 163° 23’ 44.03”
East; and
(zb) thence southerly along the
geodesic to a point of Latitude 57° 48’ 21.07” South, Longitude 163° 24’ 47.01”
East; and
(zc) thence south‑easterly along
the geodesic to a point of Latitude 58° 29’ 54.22” South, Longitude 170° 00’
04.27” East; and
(zd) thence south‑westerly along
the geodesic to a point of Latitude 62° 29’ 54.74” South, Longitude 160° 00’
06.18” East; and
(ze) thence north‑westerly along
the geodesic to a point of Latitude 43° 59’ 55.11” South, Longitude 136° 29’
05.64” East; and
(zf) thence north‑easterly along
the geodesic to a point of Latitude 39° 49’ 54.74” South, Longitude 142° 00’
05.02” East; and
(zg) thence north‑easterly along
the geodesic to the point of commencement.
(2) If there is any difference between:
(a) the position on the surface of the
Earth of a point (the first point) mentioned in any of paragraphs (1)(c)
to (zb); and
(b) the position on the surface of the
Earth of the closest point on a line described in Article 3 of the New Zealand
boundary treaty;
subclause (1) has effect as if the reference to the
first point were replaced by a reference to that closest point.
7
Scheduled area for the Northern Territory
The scheduled area for the
Northern Territory is the area the boundary of which commences at a point that
is the intersection of the coastline at mean low water by the boundary between
the Northern Territory of Australia and the State of Western Australia and runs
thence northerly along the geodesic to a point of Latitude 14° 37’ 24.91”
South, Longitude 129° 01’ 49.38” East:
(a) thence northerly along the
geodesic to a point of Latitude 14° 32’ 24.91” South, Longitude 129° 01’ 19.38”
East; and
(b) thence north‑westerly along
the geodesic to a point of Latitude 14° 19’ 24.89” South, Longitude 128° 53’
04.39” East; and
(c) thence north‑westerly along
the geodesic to a point of Latitude 13° 59’ 54.86” South, Longitude 128° 42’
19.41” East; and
(d) thence north‑westerly along
the geodesic to a point of Latitude 13° 49’ 39.86” South, Longitude 128° 33’
19.41” East; and
(e) thence north‑westerly along
the geodesic to a point of Latitude 13° 39’ 39.86” South, Longitude 128° 30’
49.41” East; and
(f) thence north‑westerly along
the geodesic to a point of Latitude 13° 15’ 24.86” South, Longitude 128° 28’
04.40” East; and
(g) thence northerly along the
loxodrome to a point of Latitude 12° 55’ 24.86” South, Longitude 128° 28’
04.39” East; and
(h) thence north‑westerly along
the geodesic to a point of Latitude 12° 32’ 39.87” South, Longitude 128° 24’
04.39” East; and
(i) thence north‑westerly along
the geodesic to a point of Latitude 12° 26’ 24.87” South, Longitude 128° 22’
04.39” East; and
(j) thence north‑westerly along
the geodesic to a point of Latitude 11° 47’ 54.88” South, Longitude 127° 53’
49.38” East; and
(k) thence north‑westerly along
the geodesic to a point of Latitude 11° 13’ 09.88” South, Longitude 127° 32’
04.38” East; and
(l) thence north‑westerly along
the geodesic to a point of Latitude 10° 04’ 54.90” South, Longitude 126° 47’
34.38” East; and
(m) thence north‑easterly along
the geodesic to a point of Latitude 9° 53’ 39.89” South, Longitude 127° 18’
34.36” East; and
(n) thence north‑easterly along
the geodesic to a point of Latitude 9° 27’ 54.88” South, Longitude 127° 56’
04.35” East; and
(o) thence north‑easterly along
the loxodrome to a point of Latitude 9° 24’ 54.88” South, Longitude 128° 00’
04.34” East; and
(p) thence easterly along the
loxodrome to a point of Latitude 9° 24’ 54.85” South, Longitude 130° 10’ 04.30”
East; and
(q) thence north‑easterly along
the loxodrome to a point of Latitude 8° 53’ 54.82” South, Longitude 133° 14’
04.22” East; and
(r) thence north‑easterly along
the loxodrome to a point of Latitude 8° 52’ 54.81” South, Longitude 133° 23’
04.21” East; and
(s) thence south‑easterly along
the loxodrome to a point of Latitude 9° 24’ 54.79” South, Longitude 134° 50’
04.18” East; and
(t) thence north‑easterly along
the loxodrome to a point of Latitude 9° 21’ 54.79” South, Longitude 135° 03’
04.17” East; and
(u) thence north‑easterly along
the loxodrome to a point of Latitude 9° 16’ 54.79” South, Longitude 135° 13’
04.17” East; and
(v) thence north‑easterly along
the loxodrome to a point of Latitude 9° 07’ 54.79” South, Longitude 135° 29’
04.16” East; and
(w) thence south‑easterly along
the loxodrome to a point of Latitude 9° 56’ 54.74” South, Longitude 137° 45’
04.10” East; and
(x) thence south‑easterly along
the loxodrome to a point of Latitude 10° 08’ 54.73” South, Longitude 138° 13’
04.09” East; and
(y) thence south‑easterly along
the loxodrome to a point of Latitude 10° 21’ 54.73” South, Longitude 138° 35’
04.08” East; and
(z) thence south‑easterly along
the loxodrome to a point of Latitude 10° 23’ 54.72” South, Longitude 138° 38’
04.08” East; and
(za) thence south‑easterly along
the loxodrome to a point of Latitude 10° 49’ 54.71” South, Longitude 139° 12’
04.06” East; and
(zb) thence south‑easterly along
the geodesic to a point of Latitude 10° 50’ 54.71” South, Longitude 139° 12’
34.06” East; and
(zc) thence south‑easterly along
the geodesic to a point of Latitude 10° 59’ 54.71” South, Longitude 139° 15’
04.06” East; and
(zd) thence southerly along the
loxodrome to a point of Latitude 14° 29’ 54.66” South, Longitude 139° 15’
04.12” East; and
(ze) thence westerly along the
loxodrome to a point of Latitude 14° 29’ 54.67” South, Longitude 138° 30’
04.15” East; and
(zf) thence southerly along the
loxodrome to a point of Latitude 15° 54’ 54.66” South, Longitude 138° 30’
04.17” East; and
(zg) thence south‑westerly along
the geodesic to the intersection of the coastline at mean low water by the
boundary between the Northern Territory of Australia and the State of
Queensland; and
(zh) thence along the coastline of the
Northern Territory of Australia at mean low water to the point of commencement.
8
Scheduled area for the Territory of Ashmore and Cartier Islands
The scheduled area for the
Territory of Ashmore and Cartier Islands is the area the boundary of which
commences at a point of Latitude 12° 43’ 08.29” South, Longitude 121° 49’
15.80” East and runs thence north‑easterly along the geodesic to a point
of Latitude 12° 14’ 25.8” South, Longitude 122° 31’ 06.6” East:
(a) thence northerly along the arc of
a circle drawn concave to Ashmore Islands with a radius of 24 nautical miles to
a point of Latitude 12° 06’ 44.6” South, Longitude 122° 32’ 24.1” East; and
(b) thence generally northerly, north‑easterly,
easterly, and south‑easterly along a series of intersecting circular arcs
drawn concave to Ashmore Islands with a radius of 24 nautical miles and having
the vertices set out in the table:
|
Vertices
|
|
Item
|
South latitude
|
East longitude
|
|
1
|
12° 03’ 12.2’’
|
122° 33’ 55.8’’
|
|
2
|
12° 02’ 05.0’’
|
122° 34’ 33.8’’
|
|
3
|
12° 00’ 41.4’’
|
122° 35’ 27.9’’
|
|
4
|
11° 55’ 46.7’’
|
122° 40’ 00.5’’
|
|
5
|
11° 54’ 56.3’’
|
122° 41’ 04.3’’
|
|
6
|
11° 52’ 53.4’’
|
122° 44’ 16.8’’
|
|
7
|
11° 51’ 53.3’’
|
122° 46’ 21.2’’
|
|
8
|
11° 51’ 22.4’’
|
122° 47’ 38.9’’
|
|
9
|
11° 51’ 12.9’’
|
122° 48’ 05.1’’
|
|
10
|
11° 50’ 48.1’’
|
122° 49’ 19.9’’
|
|
11
|
11° 50’ 00.6’’
|
122° 50’ 34.5’’
|
|
12
|
11° 48’ 32.1’’
|
122° 53’ 24.7’’
|
|
13
|
11° 47’ 31.0’’
|
122° 56’ 08.2’’
|
|
14
|
11° 47’ 07.4’’
|
122° 57’ 32.5’’
|
|
15
|
11° 46’ 44.2’’
|
122° 59’ 22.9’’
|
|
16
|
11° 46’ 31.8’’
|
123° 00’ 49.7’’
|
|
17
|
11° 46’ 25.7’’
|
123° 05’ 27.9’’
|
|
18
|
11° 47’ 25.6’’
|
123° 11’ 02.9’’
|
|
19
|
11° 47’ 38.9’’
|
123° 12’ 05.2’’
|
|
20
|
11° 47’ 40.3’’
|
123° 12’ 12.7’’
|
|
21
|
11° 47’ 59.3’’
|
123° 13’ 38.1’’
|
(c) thence south‑easterly along
the arc of a circle drawn concave to Ashmore Islands with a radius of 24
nautical miles to a point of Latitude 11° 48’ 06.1’’ South, Longitude 123° 14’
04.5’’ East; and
(d) thence northerly along the
loxodrome to a point of Latitude 11° 34’ 54.95” South, Longitude 123° 14’
04.47” East; and
(e) thence north‑easterly along
the loxodrome to a point of Latitude 11° 22’ 54.94” South, Longitude 123° 26’
04.46” East; and
(f) thence south‑easterly along
the loxodrome to a point of Latitude 11° 27’ 54.94” South, Longitude 123° 40’
04.46” East; and
(g) thence north‑easterly along
the loxodrome to a point of Latitude 11° 25’ 54.93” South, Longitude 124° 00’
04.45” East; and
(h) thence north‑easterly along
the loxodrome to a point of Latitude 11° 24’ 54.93” South, Longitude 124° 10’
04.45” East; and
(i) thence north‑easterly along
the loxodrome to a point of Latitude 11° 06’ 54.92” South, Longitude 124° 34’
04.44” East; and
(j) thence north‑easterly along
the loxodrome to a point of Latitude 11° 00’ 54.91” South, Longitude 125° 19’
04.43” East; and
(k) thence north‑easterly along
the loxodrome to a point of Latitude 10° 36’ 54.90” South, Longitude 125° 41’
04.41” East; and
(l) thence north‑easterly along
the loxodrome to a point of Latitude 10° 27’ 54.90” South, Longitude 126° 00’
04.40” East; and
(m) thence north‑easterly along
the geodesic to a point of Latitude 10° 21’ 24.91” South, Longitude 126° 10’
34.39” East; and
(n) thence south‑westerly along
the geodesic to a point of Latitude 11° 44’ 24.92” South, Longitude 125° 31’
34.43” East; and
(o) thence south‑westerly along
the geodesic to a point of Latitude 11° 50’ 54.92” South, Longitude 125° 27’
49.43” East; and
(p) thence south‑westerly along
the geodesic to a point of Latitude 12° 46’ 09.93” South, Longitude 124° 55’
34.46” East; and
(q) thence south‑westerly along
the geodesic to a point of Latitude 13° 13’ 09.94” South, Longitude 124° 36’
19.47” East; and
(r) thence south‑westerly along
the geodesic to a point of Latitude 13° 19’ 24.94” South, Longitude 124° 27’
49.48” East; and
(s) thence westerly along the
loxodrome to a point of Latitude 13° 19’ 24.97” South, Longitude 123° 16’
49.49” East; and
(t) thence westerly along the
geodesic to a point of Latitude 13° 19’ 54.98” South, Longitude 122° 41’ 04.50”
East; and
(u) thence north‑westerly along
the geodesic to a point of Latitude 12° 55’ 54.99” South, Longitude 122° 06’
04.50” East; and
(v) thence north‑westerly along
the geodesic to the point of commencement.
9
References to this Schedule in other laws
(1) A
reference in a law of the Commonwealth (other than this Act) to:
(a) the area described in this
Schedule in relation to a State or Territory; and
(b) the area described in this
Schedule that refers to a State or Territory; and
(c) the area described in this
Schedule under the heading that refers to a State or Territory; and
(d) the area:
(i) off the coast of a
State or Territory; and
(ii) that is described in
this Schedule;
(whether or not the State or Territory is specified in
that law) is a reference to the scheduled area for that State or Territory.
(2) A reference in a law of the Commonwealth
(other than this Act) to the areas described in this Schedule is a reference to
the scheduled areas for the States and Territories.
(3) A reference in a law of the Commonwealth
(other than this Act) to an area adjacent to Australia as described in this
Schedule is a reference to a scheduled area for a State or Territory.
Schedule 2—Area that
includes the area to be avoided
Note: See section 614 (for datum, see section 40).
1 Area
that includes the area to be avoided
This Schedule applies to the area the
boundary of which commences at the most easterly intersection of the coastline
of the State of Victoria at mean low water by the parallel of Latitude 38° 14’
54.50” South and runs thence south‑easterly along the geodesic to the
point of Latitude 38° 34’ 54.49” South, Longitude 147° 44’ 04.61” East:
(a) thence south‑easterly along
the geodesic to the point of Latitude 38° 40’ 54.48” South, Longitude 148° 06’
04.60 East; and
(b) thence easterly along the
loxodrome to a point of Latitude 38° 40’ 54.47” South, Longitude 148° 13’
04.59” East; and
(c) thence north‑easterly along
the geodesic to the point of Latitude 38° 31’ 54.46” South, Longitude 148° 26’
04.57” East; and
(d) thence north‑easterly along
the geodesic to the point of Latitude 38° 18’ 54.46” South, Longitude 148° 35’
04.55” East; and
(e) thence north‑westerly along
the geodesic to the point of Latitude 38° 07’ 54.46” South, Longitude 148° 31’
04.55” East; and
(f) thence north‑westerly along
the geodesic to the point of Latitude 38° 04’ 54.47” South, Longitude 148° 24’
04.55” East; and
(g) thence north‑westerly along
the geodesic to the intersection of the coastline of the State of Victoria at
mean low water by the parallel of Latitude 37° 57’ 54.48” South; and
(h) thence along the coastline of the
State of Victoria at mean low water to the point of commencement.
Schedule 3—Occupational health and safety
Note: See section 637.
Part 1—Introduction
1
Objects
The objects of this Schedule are, in
relation to facilities located in Commonwealth waters:
(a) to secure the health, safety and
welfare of persons at or near those facilities; and
(b) to protect persons at or near
those facilities from risks to health and safety arising out of activities
being conducted at those facilities; and
(c) to ensure that expert advice is
available on occupational health and safety matters in relation to those
facilities; and
(d) to promote an occupational
environment for members of the workforce at such facilities that is adapted to
their needs relating to health and safety; and
(e) to foster a consultative
relationship between all relevant persons concerning the health, safety and
welfare of members of the workforce at those facilities.
2
Simplified outline
The following is a simplified outline of
this Schedule:
• This Schedule sets up a
scheme to regulate occupational health and safety matters at or near facilities
located in Commonwealth waters.
• Occupational health and
safety duties are imposed on the following:
(a) the operator
of a facility;
(b) a person in
control of a part of a facility, or of any work carried out at a facility;
(c) an employer;
(d) a
manufacturer of plant, or a substance, for use at a facility;
(e) a supplier
of a facility, or of any plant or substance for use at a facility;
(f) a person who
erects or installs a facility, or any plant at a facility;
(g) a person at
a facility.
• A group of members of the
workforce at a facility may be established as a designated work group.
• The members of a designated
work group may select a health and safety representative for that designated
work group.
• The health and safety representative
may exercise certain powers for the purpose of promoting or ensuring the health
and safety of the group members.
• An OHS inspector may
conduct an inspection:
(a) to ascertain
whether a listed OHS law is being complied with; or
(b) concerning a
contravention or a possible contravention of a listed OHS law; or
(c) concerning
an accident or dangerous occurrence that has happened at or near a facility.
• The operator of a facility
must report accidents and dangerous occurrences to the Safety Authority.
3
Definitions
In this
Schedule, unless the contrary intention appears:
accident
includes the contraction of a disease.
associated offshore place, in relation to a
facility, means any offshore place near the facility where activities
(including diving activities) relating to the construction, installation,
operation, maintenance or decommissioning of the facility take place, but does
not include:
(a) another facility; or
(b) a supply vessel, offtake tanker,
anchor handler or tugboat; or
(c) a vessel, or structure, that is
declared by the regulations not to be an associated offshore place.
Commonwealth waters has the same meaning as
in Part 6.9 of this Act.
contract includes an arrangement or
understanding.
contractor has the meaning given by clause 8.
contravention, if the contravention is an
offence, includes an offence against:
(a) section 6 of the Crimes
Act 1914; or
(b) section 11.1, 11.4 or 11.5 of
the Criminal Code;
that relates to the first‑mentioned offence.
dangerous occurrence means an occurrence
declared by the regulations to be a dangerous occurrence for the purposes of
this definition.
data includes:
(a) information in any form; and
(b) any program (or part of a
program).
data held in a computer includes:
(a) data held in any removable data
storage device for the time being held in a computer; and
(b) data held in a data storage device
on a computer network of which the computer forms a part.
data storage device means a thing containing,
or designed to contain, data for use by a computer.
designated work group
means:
(a) a group of members of the
workforce at a facility that is established as a designated work group under
clause 19 or 20; or
(b) that group as varied in accordance
with clause 21 or 22.
employee, in relation to an employer, means
an employee of that employer.
employer means an employer who carries on an
activity at a facility.
enter, when used in relation to a vessel,
includes board.
facility means a facility as defined by
clause 4, and:
(a) includes a facility (as defined by
clause 4) that is being constructed or installed; and
(b) except in the definition of associated
offshore place, includes an associated offshore place in relation to a
facility (as defined by clause 4).
group member, in relation to a designated
work group at a facility, means a person who is:
(a) a member of the workforce at that
facility; and
(b) included in that designated work
group.
improvement notice means an improvement
notice issued under subclause 78(1).
inspection means an inspection conducted
under Part 4 of this Schedule. For this purpose, an inspection
may include an investigation or inquiry, but need not include a physical
inspection of any facility, premises or other thing.
master, in relation to a vessel, means the
person having command or charge of the vessel.
member of the
workforce, in relation to a facility, means an individual
who does work at the facility:
(a) whether
as an employee of the operator of the facility or of another person; or
(b) whether as a contractor of the
operator or of another person.
offence against a listed OHS law includes an
offence against section 6 of the Crimes Act 1914 that relates to an
offence against a listed OHS law.
Note: For other ancillary offences, see section 11.6
of the Criminal Code.
offshore greenhouse gas storage operations
has the same meaning as in Part 6.9 of this Act.
offshore petroleum operations has the same
meaning as in Part 6.9 of this Act.
OHS inspector means an OHS inspector
appointed under section 680.
operator, in relation to a facility or
proposed facility, has the meaning given by clause 5.
operator’s representative at a facility means
a person present at the facility in compliance with the obligations imposed on
the operator by clause 6.
own includes own jointly or own in part.
plant includes any machinery, equipment or
tool, or any component.
premises includes the following:
(a) a structure or building;
(b) a place (whether or not enclosed
or built on);
(c) a part of a thing referred to in paragraph (a)
or (b).
prohibition notice means a prohibition notice
issued under subclause 77(1).
proposed facility means a facility proposed
to be constructed, installed or operated.
recovery, in relation to petroleum, includes
all processes directly or indirectly associated with its recovery. This
definition does not, by implication, limit the meaning of the expression recovery
when used in a provision of this Act other than this Schedule.
registered organisation means an organisation
within the meaning of the Workplace Relations Act 1996.
regulated business premises means:
(a) a facility; or
(b) premises that are:
(i) occupied by a person
who is the operator of a facility; and
(ii) used, or proposed to
be used, wholly or principally in connection with offshore petroleum operations
or offshore greenhouse gas storage operations.
regulations means regulations made for the
purposes of this Schedule.
reviewing authority means the Australian
Industrial Relations Commission.
work means work offshore that is directly or
indirectly related to the construction, installation, operation, maintenance or
decommissioning of a facility.
workforce representative means:
(a) in relation to a person who is a
member of the workforce at a facility—a registered organisation, or a
transitionally registered association (within the meaning of Schedule 10
to the Workplace Relations Act 1996), of which that person is a member,
if the person is qualified to be a member of that organisation because of the
work the person performs at the facility; or
(b) in relation to a designated work
group or a proposed designated work group—a registered organisation, or a
transitionally registered association (within the meaning of Schedule 10
to the Workplace Relations Act 1996), of which a person who is, or who
is likely to be, in the work group is a member, if the person is qualified to
be a member of that organisation because of the work the person performs, or
will perform, at a facility as a member of the group.
work group employer, in relation to a
designated work group at a facility, means an employer of one or more group
members, but does not include the operator of the facility.
workplace, in relation to a facility, means
the whole facility or any part of the facility.
4
Facilities
Vessels or structures that are facilities—offshore
petroleum operations
(1) A vessel or structure is taken to be a
facility for the purposes of this Schedule while that vessel or structure:
(a) is located at a site in
Commonwealth waters; and
(b) is being used, or prepared for
use, at that site:
(i) for the recovery of
petroleum, for the processing of petroleum, or for the storage and offloading
of petroleum, or for any combination of those activities; or
(ii) for the provision of
accommodation for persons working on another facility, whether connected by a
walkway to that other facility or not; or
(iii) for drilling or
servicing a well for petroleum or doing work associated with the drilling or
servicing process; or
(iv) for laying pipes for
petroleum, including any manufacturing of such pipes, or for doing work on an
existing pipe; or
(v) for the erection,
dismantling or decommissioning of a vessel or structure referred to in a
previous subparagraph of this paragraph; or
(vi) for any other purpose
related to offshore petroleum operations that is prescribed for the purposes of
this subparagraph.
(2) Subclause (1) applies to a vessel or
structure:
(a) whether it is floating or fixed;
and
(b) whether or not it is capable of
independent navigation.
(3) Subclause (1) has effect subject to subclauses (6)
and (7).
(4) A vessel or structure used for a purpose
referred to in subparagraph (1)(b)(i) includes:
(a) any wells and associated plant and
equipment by means of which petroleum processed or stored at the vessel or
structure is recovered; and
(b) any pipe or system of pipes
through which petroleum is conveyed from a well to the vessel or structure; and
(c) any secondary line associated with
the vessel or structure.
(5) For the purposes of subclause (1), a
vessel or structure that is located offshore for the purpose of laying pipes as
described in subparagraph (1)(b)(iv) is taken to be located at a site,
despite the fact that the vessel or structure moves as the pipe laying process
proceeds.
Vessels or structures that are facilities—offshore
greenhouse gas storage operations
(5A) A vessel or structure is taken to be a
facility for the purposes of this Schedule while that vessel or structure:
(a) is located at a site in
Commonwealth waters; and
(b) is being used, or prepared for
use, at that site:
(i) for the injection of a
greenhouse gas substance into the seabed or subsoil; or
(ii) for the storage of a
greenhouse gas substance in the seabed or subsoil; or
(iii) for the compression of
a greenhouse gas substance; or
(iv) for the processing of a
greenhouse gas substance; or
(v) for the pre‑injection
storage of a greenhouse gas substance; or
(vi) for the offloading of a
greenhouse gas substance; or
(vii) for the monitoring of a
greenhouse gas substance stored in the seabed or subsoil; or
(viii) for any combination of
activities covered by any of the preceding subparagraphs; or
(ix) for the provision of
accommodation for persons working on another facility, whether connected by a
walkway to that other facility or not; or
(x) for drilling or
servicing a well for injecting a greenhouse gas substance into the seabed or
subsoil or doing work associated with the drilling or servicing process; or
(xi) for laying pipes for
conveying a greenhouse gas substance, including any manufacturing of such
pipes, or for doing work on an existing pipe; or
(xii) for the erection,
dismantling or decommissioning of a vessel or structure referred to in a
previous subparagraph of this paragraph; or
(xiii) for any other purpose
related to offshore greenhouse gas storage operations that is prescribed for
the purposes of this subparagraph.
(5B) Subclause (5A) applies to a vessel or
structure:
(a) whether it is floating or fixed;
and
(b) whether or not it is capable of
independent navigation.
(5C) Subclause (5A) has effect subject to subclauses (6)
and (7).
(5D) A vessel or structure used for a purpose
referred to in subparagraph (5A)(b)(i), (ii), (iii), (iv), (v), (vi),
(vii) or (viii) includes:
(a) any wells and associated plant and
equipment by means of which a greenhouse gas substance processed or temporarily
stored at the vessel or structure is injected into the seabed or subsoil; and
(b) any pipe or system of pipes
through which a greenhouse gas substance is conveyed from the vessel or structure
to a well; and
(c) any greenhouse gas injection line
associated with the vessel or structure.
(5E) For the purposes of subclause (5A), a
vessel or structure that is located offshore for the purpose of laying pipes as
described in subparagraph (5A)(b)(xi) is taken to be located at a site,
despite the fact that the vessel or structure moves as the pipe laying process
proceeds.
Vessels or structures that are not facilities
(6) Despite subclauses (1) and (5A), a
vessel or structure is taken not to be a facility for the purposes of this
Schedule if the vessel or structure is:
(a) an offtake tanker; or
(b) a tug or an anchor handler; or
(c) a vessel or structure used for
supplying a facility or otherwise travelling between a facility and the shore;
or
(d) a vessel or structure used for any
purpose such that it is declared by the regulations not to be a facility.
Use for a particular purpose
(7) In determining when a vessel or structure
that has the potential to be used for one or more of the purposes referred to
in paragraph (1)(b) or (5A)(b) is in fact being so used, the vessel or
structure is taken:
(a) to commence to be so used only at
the time when it arrives at the site where it is to be so used and any
activities necessary to make it operational at that site are begun; and
(b) to cease to be so used when
operations cease, and the vessel or structure has been returned either to a
navigable form or to a form in which it can be towed to another place.
Pipelines that are facilities
(8) Each of the following is taken to be a
facility for the purposes of this Schedule:
(a) a pipeline subject to a pipeline
licence;
(b) if a pipeline subject to a
pipeline licence conveys petroleum recovered from a well without the petroleum
having passed through another facility—that pipeline, together with:
(i) that well and
associated plant and equipment; and
(ii) any pipe or system of
pipes through which petroleum is conveyed from that well to that pipeline;
(c) if a pipeline subject to a
pipeline licence conveys a greenhouse gas substance to a well without the
greenhouse gas substance having passed through another facility—that pipeline,
together with:
(i) that well and
associated plant and equipment; and
(ii) any pipe or system of
pipes through which a greenhouse gas substance is conveyed to that well from
that pipeline.
(9) In paragraph (8)(b):
facility does not include a pipeline.
5
Operator of a facility or proposed facility
(1) For the purposes of this Schedule, the operator,
in relation to a facility or proposed facility, is the person who, under the
regulations, is registered by the Safety Authority as the operator of that
facility or proposed facility.
(2) The regulations may authorise the Safety
Authority to cancel the registration of a person as the operator of a facility
or proposed facility.
6
Operator must ensure presence of operator’s representative
(1) The operator of a facility must ensure
that, at all times when one or more individuals are present at a facility,
there is also present an individual (the operator’s representative at the
facility) who has day‑to‑day management and control of
operations at the facility.
(2) The operator of a facility must take all
reasonably practicable steps to ensure that the name of the operator’s
representative at the facility is displayed in a prominent place at the
facility.
(3) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1) or (2); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 50 penalty units.
(4) An offence
against subclause (3) is an offence of strict liability.
Note: For strict
liability, see section 6.1 of the Criminal Code.
(5) Subclause (1)
does not imply that, if the operator is an individual, the operator’s
representative at the facility may not be, from time to time, the operator.
7
Health and safety of persons using an accommodation facility
For the avoidance of doubt, a reference
in this Schedule to the occupational health and safety of a person includes a
reference to the health and safety of a person using an accommodation facility
provided for the accommodation of persons working on another facility.
8
Contractor
For the purposes of this Schedule, if an
individual does work at a facility under a contract for services between:
(a) a person (the relevant
person); and
(b) either:
(i) the individual; or
(ii) the employer of the
individual;
the individual is taken to be a contractor
of the relevant person.
Part 2—Occupational health and safety
Division 1—Duties relating to occupational health and safety
9
Duties of operator
General duties
(1) The operator of a facility must
take all reasonably practicable steps to ensure that:
(a) the facility is safe and without
risk to the health of any person at or near the facility; and
(b) all work and other activities
carried out on the facility are carried out in a manner that is safe and
without risk to the health of any person at or near the facility.
Note: See also clause 16.
Specific duties
(2) The
operator of a facility is taken to be subject, under subclause (1), to
each of the following requirements:
(a) to take all reasonably practicable
steps to provide and maintain a physical environment at the facility that is
safe and without risk to health;
(b) to take all reasonably practicable
steps to provide and maintain adequate facilities for the welfare of all
members of the workforce at the facility;
(c) to take all reasonably practicable
steps to ensure that any plant, equipment, materials and substances at the
facility are safe and without risk to health;
(d) to take all reasonably practicable
steps to implement and maintain systems of work at the facility that are safe
and without risk to health;
(e) to take all reasonably practicable
steps to implement and maintain appropriate procedures and equipment for the
control of, and response to, emergencies at the facility;
(f) to take all reasonably
practicable steps to provide all members of the workforce, in appropriate
languages, with the information, instruction, training and supervision
necessary for them to carry out their activities in a manner that does not
adversely affect the health and safety of persons at the facility;
(g) to
take all reasonably practicable steps to monitor the health and safety of all
members of the workforce and keep records of that monitoring;
(h) to take all reasonably practicable
steps to provide appropriate medical and first aid services at the facility;
(i) to take all reasonably
practicable steps to develop, in consultation with:
(i) members of the
workforce; and
(ii) if a member of the
workforce at the facility has requested a workforce representative in relation
to the member to be involved in those consultations—that workforce
representative;
a policy, relating to
occupational health and safety, that:
(iii) will enable the
operator and the members of the workforce to cooperate effectively in promoting
and developing measures to ensure the occupational health and safety of persons
at the facility; and
(iv) will provide adequate
mechanisms for reviewing the effectiveness of the measures; and
(v) provides for the making
of an agreement that complies with subclauses (5) and (6).
(3) Subclause (2) does not limit subclause (1).
Offence
(4) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1); and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: 1,000 penalty units.
Agreement
(5) The agreement referred to in subparagraph (2)(i)(v)
must be between:
(a) on the one hand—the operator; and
(b) on the other hand:
(i) the members of the
workforce; and
(ii) if a member of the
workforce at the facility has requested a workforce representative in relation
to the member to be a party to that agreement—that workforce representative.
(6) The agreement referred to in subparagraph (2)(i)(v)
must provide appropriate mechanisms for continuing consultation between:
(a) on the one hand—the operator; and
(b) on the other hand:
(i) the members of the
workforce; and
(ii) if a member of the
workforce at the facility has requested a workforce representative in relation
to the member to be involved in consultations on a particular occasion—that
workforce representative.
The agreement must provide for such other matters (if any)
as are agreed between the parties to the agreement.
10
Duties of persons in control of parts of facility or particular work
General duties
(1) A
person who is in control of any part of a facility, or of any particular work
carried out at a facility, must take all reasonably practicable steps to ensure
that:
(a) that part of the facility, or the
place where that work is carried out, is safe and without risk to health; and
(b) if the person is in control of
particular work—the work is carried out in a manner that is safe and without
risk to health.
Note: See also clause 16.
Specific duties
(2) A person who is in control of any part of
a facility, or of any particular work carried out at a facility, is taken to be
subject, under subclause (1), to each of the following requirements:
(a) to take all reasonably practicable
steps to ensure that the physical environment at that part of the facility, or
at the place where the work is carried out, is safe and without risk to health;
(b) to take all reasonably practicable
steps to ensure that any plant, equipment, materials and substances at or near
that part of the facility or that place, or used in that work, are safe and
without risk to health;
(c) to take all reasonably practicable
steps to implement and maintain systems of work at that part of the facility,
or in carrying out work at that place, that are safe and without risk to
health;
(d) to take all reasonably practicable
steps to ensure a means of access to, and egress from, that part of the
facility or that place that is safe and without risk to health;
(e) to take all reasonably practicable
steps to provide all members of the workforce located at that part of the
facility or engaged on that work, in appropriate languages, with the
information, instruction, training and supervision necessary for them to carry
out their work in a manner that is safe and without risk to health.
(3) Subclause (2) does not limit subclause (1).
Offence
(4) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1); and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty for contravention of this subclause: 1,000 penalty
units.
11
Duties of employers
General duties in relation to employees
(1) An employer must take all
reasonably practicable steps to protect the health and safety of employees at a
facility.
Note: See also clause 16.
Specific duties in relation to employees
(2) An employer is taken to be subject, under
subclause (1), to each of the following requirements:
(a) to take all reasonably practicable
steps to provide and maintain a working environment that is safe for employees
and without risk to their health;
(b) to take all reasonably practicable
steps to ensure that any plant, equipment, materials and substances used in
connection with the employees’ work are safe and without risk to health;
(c) to take all reasonably practicable
steps to implement and maintain systems of work that are safe and without risk
to health;
(d) to take all reasonably practicable
steps to provide a means of access to, and egress from, the employees’ work
location that is safe and without risk to health;
(e) to take all reasonably practicable
steps to provide the employees, in appropriate languages, with the information,
instruction, training and supervision necessary for them to carry out their
work in a manner that is safe and without risk to health.
(3) An employer is taken to be subject, under
subclause (1), to each of the following requirements:
(a) to take all reasonably practicable
steps to monitor the health and safety of employees;
(b) to take all reasonably practicable
steps to keep records of that monitoring.
(4) Subclauses (2) and (3) do not limit subclause (1).
Offence
(5) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1); and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: 1,000 penalty units.
Duties in relation to contractors
(6) A
person has, in relation to a contractor of that person, the same obligations
that an employer has under subclauses (1) and (2) in relation to an
employee of that employer, but only in relation to:
(a) matters over which the first‑mentioned
person has control; or
(b) matters over which:
(i) the first‑mentioned
person would have had control apart from express provision to the contrary in a
contract; and
(ii) the first‑mentioned
person would, in the circumstances, usually be expected to have had control.
12
Duties of manufacturers in relation to plant and substances
Duties of manufacturer of plant
(1) A manufacturer of any plant that the
manufacturer ought reasonably to expect will be used by members of the
workforce at a facility must take all reasonably practicable steps:
(a) to ensure that the plant is so
designed and constructed as to be, when properly used, safe and without risk to
health; and
(b) to carry out, or cause to be
carried out, the research, testing and examination necessary in order to
discover, and to eliminate or minimise, any risk to health and safety that may
arise from the use of the plant; and
(c) to make available, in connection
with the use of the plant at a facility, adequate written information about:
(i) the use for which it
is designed and has been tested; and
(ii) details of its design
and construction; and
(iii) any
conditions necessary to ensure that, when put to the use for which it was
designed and tested, it will be safe and without risk to health.
Note: See also clause 16.
Duties of manufacturer of substance
(2) A manufacturer of any substance that the
manufacturer ought reasonably to expect will be used by members of the
workforce at a facility must take all reasonably practicable steps:
(a) to ensure that the substance is so
manufactured as to be, when properly used, safe and without risk to health; and
(b) to carry out, or cause to be
carried out, the research, testing and examination necessary to discover, and
to eliminate or minimise, any risk to health and safety that may arise from the
use of the substance; and
(c) to make available, in connection
with the use of the substance at a facility, adequate written information
concerning:
(i) the use for which it
is manufactured and has been tested; and
(ii) details of its
composition; and
(iii) any conditions
necessary to ensure that, when put to the use for which it was manufactured and
tested, it will be safe and without risk to health; and
(iv) the
first aid and medical procedures that should be followed if the substance
causes injury.
Note: See also clause 16.
Offence
(3) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1) or (2); and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: 200 penalty units.
Importer deemed to be manufacturer
(4) For the purposes of this clause, if:
(a) plant or a substance is imported
into Australia by a person who is not its manufacturer; and
(b) at the time of the importation,
the manufacturer of the plant or substance does not have a place of business in
Australia;
the first‑mentioned person is taken to be the
manufacturer of the plant or substance.
Other laws not affected
(5) This clause does not affect the operation
of the Trade Practices Act 1974, or of any other law of the
Commonwealth, a State or a Territory that imposes an obligation on a
manufacturer in relation to defective goods or in relation to information to be
supplied in relation to goods.
13
Duties of suppliers of facilities, plant and substances
Duties of supplier
(1) A supplier of a facility, or of any plant
or substance that the supplier ought reasonably to expect will be used by
members of the workforce at a facility, must take all reasonably practicable
steps:
(a) to ensure that, at the time of
supply, the facility, or the plant or substance, is in such condition as to be,
when properly used, safe and without risk to health; and
(b) to carry out, or cause to be
carried out, the research, testing and examination necessary to discover, and
to eliminate or minimise, any risk to health or safety that may arise from the
condition of the facility, plant or substance; and
(c) to make available:
(i) in the case of a
facility—to the operator of a facility; and
(ii) in the case of plant
or substance—to the person to whom the plant or substance is supplied;
adequate
written information, in connection with the use of the facility, plant or
substance, as the case requires, about:
(iii) the
condition of the facility, plant or substance at the time of supply; and
(iv) any risk to the health
and safety of members of the workforce at the facility to which the condition
of the facility, plant or substance may give rise unless it is properly used;
and
(v) the steps that need to
be taken in order to eliminate such risk; and
(vi) in
the case of a substance—the first aid and medical procedures that should be
followed if the condition of the substance causes injury to a member of the
workforce at the facility.
Note: See also clause 16.
Offence
(2) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1); and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: 200 penalty units.
Financing arrangements
(3) For the purposes of subclause (1),
if a person (the ostensible supplier) supplies to a person either
a facility, or any plant or substance that is to be used by members of the
workforce at a facility, and the ostensible supplier:
(a) carries on the business of
financing the acquisition or the use of goods by other persons; and
(b) has, in the course of that
business, acquired an interest in the facility, or in the plant or substance,
from another person (the actual supplier), solely for the purpose
of financing its acquisition by, or its provision to, the person to whom it is
finally supplied; and
(c) has
not taken possession of the facility, plant or substance, or has taken
possession of the facility, plant or substance solely for the purpose of
passing possession of the facility, plant or substance to the person to whom it
is finally supplied;
a reference in subclause (1) to a supplier is, in
relation to the facility, plant or substance referred to in this subclause, to
be read as a reference to the actual supplier and not as a reference to the
ostensible supplier.
Other laws not affected
(4) This clause does not affect the operation
of the Trade Practices Act 1974, or of any other law of the
Commonwealth, a State or a Territory that imposes an obligation in relation to
the sale or supply of goods or in relation to the information to be supplied in
relation to goods.
14
Duties of persons erecting facilities or installing plant
Duties
(1) A person who
erects or installs a facility, or erects or installs any plant at a facility,
must take all reasonably practicable steps to ensure that the facility or plant
is not erected or installed in such a way that it is unsafe or constitutes a
risk to health.
Note: See also clause 16.
Offence
(2) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1); and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: 200 penalty units.
Other laws not affected
(3) This
clause does not affect the operation of the Trade Practices Act 1974, or
of any other law of the Commonwealth, a State or a Territory that imposes an
obligation in relation to the erection or installation of goods or the supply
of services.
15
Duties of persons in relation to occupational health and safety
Duties of person at a facility
(1) A person at a facility must, at all
times, take all reasonably practicable steps:
(a) to ensure that the person does not
take any action, or make any omission, that creates a risk, or increases an
existing risk, to the health or safety of that person or of any other person at
or near the facility; and
(b) in respect of any obligation
imposed on the operator or on any other person by or under a listed OHS law—to
cooperate with the operator or that other person to the extent necessary to
enable the operator or that other person to fulfil that obligation; and
(c) to use equipment that is:
(i) supplied to the person
by the operator, an employer of the person or any other person having control
of work at a facility (the equipment supplier); and
(ii) necessary to protect
the health and safety of the person, or of any other person at or near the
facility;
in accordance with any
instructions given by the equipment supplier, consistent with the safe and
proper use of the equipment.
Offence
(2) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1); and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: 200 penalty units.
Agreements
(3) Despite subclause (1), the choice or
manner of use of equipment of the kind referred to in subparagraph (1)(c)(ii)
is a matter that may be, consistently with each listed OHS law:
(a) agreed on between the equipment supplier
and any relevant health and safety representative; or
(b) agreed on by a health and safety
committee.
(4) If an agreement of the kind referred to
in paragraph (3)(a) or (b) provides a process for choosing equipment of a
particular kind that is to be provided by the equipment supplier, action must
not be taken against a person for failure to use equipment of that kind that is
so provided unless the equipment has been chosen in accordance with that
process.
(5) If an agreement of the kind referred to
in paragraph (3)(a) or (b) provides a process for determining the manner
of use of equipment of a particular kind, action must not be taken against a
person for failure to use, in the manner required by the equipment supplier,
equipment of that kind that is so provided unless the manner has been
determined in accordance with that process.
16
Reliance on information supplied or results of research
Clause 9, 10 or 11
(1) For the purpose of the application of
clause 9, 10 or 11 to the use of plant or a substance, a person on whom an
obligation is imposed under that clause is regarded as having taken such
reasonably practicable steps as that clause requires, in relation to the use of
the plant or substance, to the extent that:
(a) the person ensured, so far as
practicable, that its use was in accordance with the information supplied by
the manufacturer or the supplier of the plant or substance relating to health
and safety in its use; and
(b) it was reasonable for the person
to rely on that information.
(2) Subclause (1) does not limit the
generality of what constitutes reasonably practicable steps as required by
clause 9, 10 or 11.
Clause 12 or 13
(3) For the purpose of the application of
clause 12 or 13 to carrying out research, testing and examining a
facility, or any plant or substance, a person on whom an obligation is imposed
under that clause is regarded as having taken such reasonably practicable steps
as that clause requires, in relation to carrying out research, testing and
examining the facility, plant or substance, to the extent that:
(a) the research, testing or
examination has already been carried out by or on behalf of someone else; and
(b) it was reasonable for the person
to rely on that research, testing or examination.
(4) Subclause (3) does not limit the
generality of what constitutes reasonably practicable steps as required by
clause 12 or 13.
Clause 14
(5) For the purpose of the application of
clause 14 to the erection of a facility or the erection or installation of
plant at a facility, a person on whom an obligation is imposed under that
clause is regarded as having taken such reasonably practicable steps as that
clause requires to the extent that:
(a) the person ensured, so far as is
reasonably practicable, that the erection of the facility, or the erection or
installation of the plant, was:
(i) in accordance with
information supplied by the manufacturer or supplier of the facility or plant
relating to its erection or its installation; and
(ii) consistent with the
health and safety of persons at the facility; and
(b) it was reasonable for the person
to rely on that information.
(6) Subclause (5) does not limit the
generality of what constitutes reasonably practicable steps as required by
clause 14.
Division 2—Regulations relating to occupational health and safety
17
Regulations relating to occupational health and safety
(1) The regulations may make provision
relating to any matter affecting, or likely to affect, the occupational health
and safety of persons at a facility.
(2) Subclause (1) has effect subject to
this Schedule.
(3) Regulations made for the purposes of subclause (1)
may make provision for any or all of the following:
(a) prohibiting or restricting the
performance of all work or specified work at a facility;
(b) prohibiting or restricting the use
of all plant or specified plant at a facility;
(c) prohibiting or restricting the
carrying out of all processes or a specified process at a facility;
(d) prohibiting or restricting the
storage or use of all substances or specified substances at a facility;
(e) specifying the form in which
information required to be made available under paragraph 12(1)(c) or (2)(c) or
13(1)(c) of this Schedule is to be so made available;
(f) prohibiting, except in accordance
with licences granted under the regulations, the use of specified plant or
specified substances at a facility;
(g) providing for:
(i) the issue, variation,
renewal, transfer, suspension and cancellation of such licences; and
(ii) the conditions to
which the licences may be subject;
(h) regulating the maintenance and
testing of plant used at a facility;
(i) regulating the labelling or
marking of substances used at a facility;
(j) regulating the transport of
specified plant or specified substances for use at a facility;
(k) prohibiting
the performance, at a facility, of specified activities or work except:
(i) by
persons who satisfy requirements of the regulations as to qualifications,
training or experience; or
(ii) under the supervision
specified in the regulations;
(l) requiring specified action to
avoid accidents or dangerous occurrences;
(m) providing for, or prohibiting,
specified action in the event of accidents or dangerous occurrences;
(n) providing for the employment at a
facility of persons to perform specified duties relating to the maintenance of
occupational health and safety at the facility;
(o) regulating the provision and use,
at a facility, of protective clothing and equipment, safety equipment and
rescue equipment;
(p) providing for monitoring the
health of members of the workforce at a facility and the conditions at the
facility;
(q) requiring employers to keep
records of matters related to the occupational health and safety of employees;
(r) providing for the provision of
first aid equipment and facilities at facilities.
(4) Subclause (3) does not limit subclause (1).
(5) Regulations made for the purposes of this
clause may make different provision in respect of different classes of
facility.
(6) Subclause (5) does not limit subsection
33(3A) of the Acts Interpretation Act 1901.
Part 3—Workplace arrangements
Division 1—Introduction
18
Simplified outline
The following is a simplified outline of
this Part:
• A group of members of the
workforce at a facility may be established as a designated work group.
• The members of a designated
work group may select a health and safety representative for that designated
work group.
• The health and safety
representative may exercise certain powers for the purpose of promoting or
ensuring the health and safety of the group members.
• A health and safety
committee may be established in relation to the members of the workforce at a
facility.
• The main function of a
health and safety committee is to assist the operator in relation to
occupational health and safety matters.
Division 2—Designated work groups
Subdivision A—Establishment of designated work groups
19
Establishment of designated work groups by request
Request
(1) A request to the operator of a facility
to enter into consultations to establish designated work groups in relation to
the members of the workforce at the facility may be made by:
(a) any member of the workforce; or
(b) if a member of the workforce
requests a workforce representative in relation to the member to make the request
to the operator—that workforce representative.
Consultations
(2) The operator of a facility must, within
14 days after receiving a request under subclause (1), enter into
consultations with:
(a) if any member of the workforce
made a request to establish designated work groups:
(i) that member of the
workforce; and
(ii) if that member
requests that the operator enter into consultations with a workforce
representative in relation to the member—that workforce representative; and
(iii) each employer (if any)
of members of the workforce; and
(b) if a workforce representative made
a request to establish designated work groups:
(i) if a member of the
workforce requests that the operator enter into consultations with that
workforce representative—that workforce representative; and
(ii) each employer of
members of the workforce.
Establishment
(3) Within 14
days after the completion of consultations about the establishment of the
designated work groups, the operator must, by notifying the members of the
workforce, establish the designated work groups in accordance with the outcome
of the consultations.
20
Establishment of designated work groups at initiative of operator
Consultations
(1) If, at any time, the operator of a
facility considers that designated work groups should be established, the
operator must enter into consultations with:
(a) all members of the workforce; and
(b) if a member of the workforce
requests that the operator enter into consultations with a workforce
representative in relation to the member—that workforce representative; and
(c) each employer (if any) of members
of the workforce.
Establishment
(2) Within 14 days after the completion of
consultations about the establishment of the designated work groups, the
operator must, by notifying the members of the workforce, establish the
designated work groups in accordance with the outcome of the consultations.
Subdivision B—Variation of designated work groups
21
Variation of designated work groups by request
Request
(1) A request to the operator of a facility
to enter into consultations to vary designated work groups that have already
been established in relation to the members of the workforce at the facility
may be made by:
(a) any member of the workforce; or
(b) if a member of the workforce
requests a workforce representative in relation to the member to make the
request to the operator—that workforce representative.
Consultations
(2) The operator of a facility must, within
14 days after receiving a request under subclause (1), enter into
consultations with:
(a) if any member of the workforce
made a request to vary designated work groups:
(i) that member of the
workforce; and
(ii) the health and safety
representative of each designated work group affected by the proposed variation;
and
(iii) each work group
employer (if any) in relation to each designated work group affected by the
proposed variation; and
(b) if a workforce representative made
a request to vary designated work groups:
(i) if a member of a
designated work group affected by the proposed variation requests that the
operator enter into consultations with a workforce representative in relation
to the group—that workforce representative; and
(ii) the health and safety
representative of each designated work group affected by the proposed
variation; and
(iii) each work group
employer (if any) in relation to each designated work group affected by the
proposed variation.
Variation
(3) If:
(a) consultations take place about the
variation of designated work groups that have already been established; and
(b) as a result of the consultations,
it has been determined that the variation of some or all of those designated
work groups is justified;
then, within 14 days after the completion of the
consultations, the operator must, by notifying the members of the workforce who
are affected by the variation, vary the designated work groups in accordance
with the outcome of the consultations.
22
Variation of designated work groups at initiative of operator
Consultations
(1) If the operator of a facility believes
the designated work groups should be varied, the operator may, at any time,
enter into consultations about the variations with:
(a) the health and safety
representative of each of the designated work groups affected by the proposed
variation; and
(b) if a member of a designated work
group affected by the proposed variation requests that the operator enter into
consultations with a workforce representative in relation to the group—that
workforce representative; and
(c) each work group employer (if any)
in relation to each designated work group affected by the proposed variation.
Variation
(2) If:
(a) consultations take place about the
variation of designated work groups that have already been established; and
(b) as a result of the consultations,
it has been determined that the variation of some or all of those designated
work groups is justified;
then, within 14 days after the completion of the
consultations, the operator must, by notifying the members of the workforce who
are affected by the variation, vary the designated work groups in accordance
with the outcome of the consultations.
Subdivision C—General
23
Referral of disagreement to reviewing authority
(1) If, in the course of consultations under
clause 19, 20, 21 or 22, there is a disagreement between any of the
parties to the consultation about the manner of establishing or varying a
designated work group, any party may, for the purpose of facilitating that
consultation, refer the matter of disagreement to the reviewing authority.
(2) If the
matter of disagreement is referred to the reviewing authority, the parties to
the disagreement must complete the consultation in accordance with the
resolution of that matter by the reviewing authority.
24
Manner of grouping members of the workforce
(1) Consultations about the establishment or
variation of a designated work group must be directed principally towards the
determination of the manner of grouping members of the workforce:
(a) that best and most conveniently
enables their interests relating to occupational health and safety to be
represented and safeguarded; and
(b) that best takes account of the
need for any health and safety representative selected for that designated work
group to be accessible to each group member.
(2) The parties to the consultations must
have regard, in particular, to:
(a) the number of members of the
workforce at the facility to which the consultation relates; and
(b) the nature of each type of work
performed by such members; and
(c) the number and grouping of such
members who perform the same or similar types of work; and
(d) the workplaces where each type of
work is performed; and
(e) the nature of any risks to health
and safety at each such workplace; and
(f) any overtime or shift working
arrangement at the facility.
(3) The designated work groups must be
established or varied in such a way that, so far as practicable, each of the
members of the workforce at a facility is in a designated work group.
(4) All the members of the workforce at a
facility may be in one designated work group.
Division 3—Health and safety representatives
Subdivision A—Selection of health and safety representatives
25
Selection of health and safety representatives
(1) One health and safety representative may
be selected for each designated work group.
(2) A person is not eligible for selection as
the health and safety representative for a designated work group unless the
person is a member of the workforce included in the group.
(3) A person is taken to have been selected
as the health and safety representative for a designated work group if:
(a) all the members of the workforce
in the group unanimously agree to the selection; or
(b) the person is elected as the
health and safety representative of the group in accordance with clause 26.
26
Election of health and safety representatives
Nominations
(1) If:
(a) there is a vacancy in the office
of health and safety representative for a designated work group; and
(b) within a reasonable time after the
vacancy occurs, a person has not been selected under paragraph 25(3)(a) of this
Schedule;
the operator of the facility must invite nominations from
all group members for election as the health and safety representative of the
group.
(2) If the office of health and safety
representative is vacant and the operator has not invited nominations within a
further reasonable time that is no later than 6 months after the vacancy
occurred, the Safety Authority may direct the operator to do so.
Election—more than one candidate
(3) If there is more than one candidate for
election at the close of the nomination period, the operator must conduct, or
arrange for the conduct of, an election at the operator’s expense.
(4) An election conducted or arranged to be
conducted under subclause (3) must be conducted in accordance with
regulations made for the purposes of this subclause if this is requested by the
lesser of:
(a) 100 members of the workforce
normally in the designated work group; or
(b) a majority of the members of the
workforce normally in the designated work group.
Election—only one candidate
(5) If there is only one candidate for
election at the close of the nomination period, that person is taken to have
been elected.
Disqualified person cannot be a candidate
(6) A person cannot be a candidate in the
election if he or she is disqualified under clause 32.
Voting
(7) All the members of the workforce in the
designated work group are entitled to vote in the election.
Directions
(8) An operator conducting or arranging for
the conduct of an election under this clause must comply with any relevant
directions issued by the Safety Authority.
27
List of health and safety representatives
The operator of a facility must:
(a) prepare and keep up to date a list
of all the health and safety representatives of designated work groups
comprising members of the workforce performing work at the facility; and
(b) ensure that the list is available
for inspection, at all reasonable times, by:
(i) the members of the
workforce at the facility; and
(ii) OHS inspectors.
28
Members of designated work group must be notified of selection etc. of health
and safety representative
The operator of a facility must:
(a) notify members of a designated
work group in relation to the facility of a vacancy in the office of health and
safety representative for the designated work group within a reasonable time
after the vacancy arises; and
(b) notify those members of the name
of any person selected (whether under paragraph 25(3)(a) or (b) of this
Schedule) as health and safety representative for the designated work group
within a reasonable time after the selection is made.
29
Term of office
(1) A health and safety representative for a
designated work group holds office:
(a) if, in consultations that took
place under clause 19, 20, 21 or 22, the parties to the consultations
agreed to the period for which the health and safety representative for the
group was to hold office—for such a period; or
(b) in any other case—for 2 years;
beginning at the start of the day on which he or she was
selected.
(2) However, the health and safety
representative is eligible to be selected for further terms of office.
(3) Subclauses (1) and (2) have effect
subject to this Part.
30
Training of health and safety representatives
(1) A health and safety representative for a
designated work group must undertake a course of training relating to
occupational health and safety that is accredited by the Safety Authority for
the purposes of this clause.
(2) The operator of the facility concerned
must permit the representative to take such time off work, without loss of
remuneration or other entitlements, as is necessary to undertake the training.
(3) If a person other than the operator is
the employer of the representative, that person must permit the representative
to take such time off work, without loss of remuneration or other entitlements,
as is necessary to undertake the training.
31
Resignation etc. of health and safety representatives
When person must cease to be health and safety
representative
(1) A person ceases to be the health and
safety representative for the designated work group if:
(a) the person resigns as the health
and safety representative; or
(b) the person ceases to be a group
member of that designated work group; or
(c) the person’s term of office
expires without the person having been selected, under clause 25, to be
the health and safety representative for the designated work group for a
further term; or
(d) the person is disqualified under
clause 32.
Resignation
(2) A person may resign as the health and
safety representative for a designated work group by written notice delivered
to the operator and to each work group employer.
(3) If a person resigns as the health and
safety representative for a designated work group, the person must notify the
resignation to the group members.
Notification
(4) If a person has ceased to be the health
and safety representative for a designated work group because of paragraph (1)(b),
the person must notify in writing:
(a) the group members; and
(b) the
operator and each work group employer;
that the person has ceased
to be the health and safety representative for that designated work group.
32
Disqualification of health and safety representatives
Application for disqualification
(1) An application for the disqualification
of a health and safety representative for a designated work group may be made
to the Safety Authority by:
(a) the operator; or
(b) a work group employer; or
(c) at the request of a group member
of the designated work group—a workforce representative in relation to the
designated work group.
Grounds for disqualification
(2) An application under subclause (1)
may be made on either or both of the following grounds:
(a) that action taken by the health
and safety representative in the exercise or purported exercise of a power
under subclause 34(1) or any other provision of this Schedule was taken:
(i) with the intention of
causing harm to the operator or work group employer or to an undertaking of the
operator or work group employer; or
(ii) unreasonably,
capriciously or not for the purpose for which the power was conferred on the
health and safety representative;
(b) that the health and safety
representative has intentionally used, or disclosed to another person, for a
purpose that is not connected with the exercise of a power of a health and
safety representative, information acquired from the operator or work group
employer.
Disqualification
(3) If, on an
application under subclause (1), the Safety Authority is satisfied that
the health and safety representative has acted in a manner referred to in subclause (2),
the Safety Authority may, after having regard to:
(a) the
harm (if any) that was caused to the operator or work group employer or to an
undertaking of the operator or work group employer as a result of the action of
the representative; and
(b) the past record of the
representative in exercising the powers of a health and safety representative;
and
(c) the effect (if any) on the public
interest of the action of the representative; and
(d) such other matters as the
Authority thinks relevant;
disqualify the representative, for a specified period not
exceeding 5 years, from being a health and safety representative for any
designated work group.
33
Deputy health and safety representatives
(1) One deputy health and safety
representative may be selected for each designated work group for which a
health and safety representative has been selected.
(2) A deputy health and safety representative
is to be selected in the same way as a health and safety representative under
clause 25.
(3) If the health and safety representative
for a designated work group:
(a) ceases to be the health and safety
representative; or
(b) is unable (because of absence or
for any other reason) to exercise the powers of a health and safety
representative;
then:
(c) the powers may be exercised by the
deputy health and safety representative (if any) for the group; and
(d) this Schedule (other than this
clause) applies in relation to the deputy health and safety representative
accordingly.
Subdivision B—Powers of health and safety representatives
34
Powers of health and safety representatives
(1) A health and safety representative for a
designated work group in relation to a facility may, for the purpose of
promoting or ensuring the health and safety at a workplace of the group
members:
(a) do any or all of the following:
(i) inspect the whole or
any part of the workplace if there has, in the immediate past, been an accident
or a dangerous occurrence at the workplace, or if there is an immediate threat
of such an accident or dangerous occurrence;
(ii) inspect the whole or
any part of the workplace if the health and safety representative has given reasonable
notice of the inspection to the operator’s representative at the facility and
to any other person having immediate control of the workplace;
(iii) make a request to an
OHS inspector or to the Safety Authority that an inspection be conducted at the
workplace;
(iv) accompany an OHS
inspector during any inspection at the workplace by the OHS inspector (whether
or not the inspection is being conducted as a result of a request made by the
health and safety representative);
(v) if there is no health and
safety committee in relation to the members of the workforce at the
facility—represent group members in consultations with the operator and any
work group employer about the development, implementation and review of
measures to ensure the health and safety of those members at the workplace;
(vi) if a health and safety
committee has been established in relation to the members of the workforce at
the facility—examine any of the records of that committee; and
(b) investigate complaints made by any
group member to the health and safety representative about the health and
safety of any of the members of the workforce (whether in the group or not);
and
(c) with the consent of a group
member, be present at any interview about health and safety at work between
that member and:
(i) an OHS inspector; or
(ii) the operator or a
person representing the operator; or
(iii) a work group employer
or a person representing that employer; and
(d) obtain access to any information
under the control of the operator or any work group employer:
(i) relating to risks to
the health and safety of any group member; and
(ii) relating to the health
and safety of any group member; and
(e) issue provisional improvement
notices in accordance with clause 38.
(2) Subparagraph (1)(d)(ii) has effect
subject to clause 36.
35
Assistance by consultant
Assistance by consultant
(1) A health and safety representative for a
designated work group is entitled, in the exercise of his or her powers, to be
assisted by a consultant.
(2) A health and safety representative for a
designated work group may:
(a) be assisted by a consultant at a
workplace at which work is performed; or
(b) provide to a consultant
information that has been provided to the health and safety representative by
an operator or work group employer under paragraph 34(1)(d) of this Schedule;
only if the operator or the Safety Authority has, in
writing, agreed to the provision of that assistance at that workplace or the
provision of that information, as the case may be.
Operator etc. not liable for consultant’s remuneration
etc.
(3) Neither the operator nor any workplace
employer becomes, because of the agreement under subclause (2) to the
provision of assistance by a consultant, liable for any remuneration or other
expenses incurred in connection with the consultant’s activities.
Consultant may be present at interviews
(4) If a health and safety representative for
a designated work group is being assisted by a consultant, the consultant is
entitled to be present with the representative at any interview, about health
and safety at work, between a group member and:
(a) an OHS inspector; or
(b) the operator or any work group
employer or a person representing the operator or that employer;
if, and only if, the group member consents to the presence
of the consultant.
36
Information
Legal professional privilege
(1) Neither:
(a) the health and safety
representative; nor
(b) if the health and safety
representative is assisted by a consultant—the consultant;
is entitled, under subparagraph 34(1)(d)(ii) of this
Schedule, to have access to information in relation to which a group member is
entitled to claim, and does claim, legal professional privilege.
Medical information
(2) Neither:
(a) the health and safety
representative; nor
(b) if the health and safety
representative is assisted by a consultant—the consultant;
is entitled, under subparagraph 34(1)(d)(ii) of this
Schedule, to have access to information of a confidential medical nature
relating to a person who is or was a group member unless:
(c) the person has delivered to the
operator or any work group employer a written authority permitting the health
and safety representative, or the health and safety representative and the
consultant, as the case requires, to have access to the information; or
(d) the information is in a form that
does not identify the person or enable the identity of the person to be
discovered.
37
Obligations and liabilities of health and safety representatives
This Schedule does not:
(a) impose an obligation on a person
to exercise any power conferred on the person because the person is a health
and safety representative; or
(b) render a person liable in civil
proceedings because of:
(i) a failure to exercise
such a power; or
(ii) the way such a power
was exercised.
38
Provisional improvement notices
Consultation
(1) If:
(a) a health and safety representative
for a designated work group believes, on reasonable grounds, that a person:
(i) is contravening a
provision of a listed OHS law; or
(ii) has contravened a
provision of a listed OHS law and is likely to contravene that provision again;
and
(b) the contravention affects or may
affect one or more group members;
the representative must consult with the person
supervising the relevant activity in an attempt to reach agreement on
rectifying the contravention or preventing the likely contravention.
Issue of provisional improvement notice
(2) If, in the health and safety
representative’s opinion, agreement is not reached within a reasonable time,
the health and safety representative may issue a provisional improvement notice
to any or all of the persons (each of whom is in this clause called a responsible
person) responsible for the contravention.
(3) If a responsible person is the operator,
the improvement notice may be issued to the operator by giving it to the
operator’s representative at the facility.
(4) If it is not practicable to issue the
notice to a responsible person (other than the operator or the supervisor) by
giving it to that responsible person:
(a) the notice may be issued to that
responsible person by giving it to the person who for the time being is, or may
reasonably be presumed to be, on behalf of the responsible person, in charge of
the activity to which the notice relates; and
(b) if the notice is so issued, a copy
of the notice must be given to the responsible person as soon as practicable
afterwards.
Content of provisional improvement notice
(5) The notice must:
(a) specify the contravention that, in
the health and safety representative’s opinion, is occurring or is likely to
occur, and set out the reasons for that opinion; and
(b) specify a period that:
(i) is not less than 7
days beginning on the day after the notice is issued; and
(ii) is, in the
representative’s opinion, reasonable;
within which the responsible
person is to take action necessary to prevent any further contravention or to
prevent the likely contravention, as the case may be.
(6) The notice may specify action that the
responsible person is to take during the period specified in the notice.
Extension of period
(7) If, in the health and safety
representative’s opinion, it is appropriate to do so, the representative may,
in writing and before the end of the period, extend the period specified in the
notice.
Copy of provisional improvement notice
(8) On issuing the notice, the health and
safety representative must give a copy of the notice to:
(a) if the operator is not a
responsible person—the operator; and
(b) each work group employer other
than a work group employer who is a responsible person; and
(c) if the supervisor is not a
responsible person—the supervisor; and
(d) if the notice relates to any
plant, substance or thing that is owned by a person other than a responsible
person or a person to whom a copy of the notice is given under paragraph (a),
(b) or (c)—that owner.
39
Effect of provisional improvement notice
Request for inspection
(1) Within 7 days after a notice is issued
under clause 38:
(a) the responsible person; or
(b) any other person to whom a copy of
the notice has been given under subclause 38(8);
may make a request to the Safety Authority or to an OHS
inspector that an inspection of the matter be conducted.
(2) Upon the request being made, the
operation of the notice is suspended pending the determination of the matter by
an OHS inspector.
Inspection
(3) As soon as possible after a request is
made, an inspection must be conducted of the work that is the subject of the
disagreement, and the OHS inspector conducting the inspection must:
(a) confirm, vary or cancel the notice
and notify the responsible person, and any person to whom a copy of the notice
has been given under subclause 38(8), accordingly; and
(b) make such decisions, and exercise
such powers, under Part 4 of this Schedule, as the OHS inspector considers
necessary in relation to the work.
Variation of notice
(4) If the OHS inspector varies a notice, the
notice as so varied has effect:
(a) so far as the notice concerns
obligations imposed on the responsible person that are unaffected by the
variation—as if the notice as so varied resumed effect on the day of the
variation; and
(b) so far as the notice concerns new
obligations imposed by virtue of the variation—as if the notice as so varied
were a new notice issued on the day of the variation.
Notification etc.
(5) If the notice is issued to a responsible
person, the responsible person must:
(a) notify each group member who is
affected by the notice of the fact of the issue of the notice; and
(b) until the notice ceases to have
effect, cause a copy of the notice to be displayed at or near each workplace at
which the work that is the subject of the notice is being performed.
When the notice ceases to have effect
(6) The notice ceases to have effect if:
(a) it is cancelled by an OHS
inspector or by the health and safety representative; or
(b) the responsible person:
(i) takes such action (if
any) as is specified in the notice; or
(ii) if no action is so
specified—takes the action necessary to prevent the further contravention, or
likely contravention, concerned.
Compliance with notice
(7) The responsible person:
(a) must ensure that, to the extent
that the notice relates to any matter over which the person has control, the
notice is complied with; and
(b) must take reasonable steps to
inform the health and safety representative who issued the notice of the action
taken to comply with the notice.
Appeals
(8) For the purposes of clause 81, if
the OHS inspector confirms or varies the notice, the OHS inspector is taken to
have decided, under clause 78, to issue an improvement notice in those
terms.
Subdivision C—Duties of the operator and other employers in relation to
health and safety representatives
40
Duties of the operator and other employers in relation to health and safety
representatives
Duties
(1) The operator of a facility, in relation
to which a designated work group having a health and safety representative has
been established, must:
(a) on being requested to do so by the
representative, consult with the representative on the implementation of
changes at any workplace at which some or all of the group members perform
work, where the changes may affect their health and safety; and
(b) in relation to a workplace at
which some or all of the group members perform work:
(i) permit the
representative to make such inspection of the workplace as the representative
is entitled to make in accordance with subparagraph 34(1)(a)(i) of this
Schedule and to accompany an OHS inspector during an inspection at the workplace
by the OHS inspector; and
(ii) if there is no health
and safety committee in relation to the members of the workforce—on being
requested to do so by the representative, consult with the representative about
the development, implementation and review of measures to ensure the health and
safety of group members; and
(c) permit the representative to be
present at any interview at which the representative is entitled to be present
under paragraph 34(1)(c); and
(d) provide to the representative
access to any information to which the representative is entitled to obtain
access under subparagraph 34(1)(d)(i) or (ii) of this Schedule and to which
access has been requested; and
(e) permit the representative to take
such time off work, without loss of remuneration or other entitlements, as is
necessary to exercise the powers of a health and safety representative; and
(f) provide the representative with
access to such facilities as are:
(i) prescribed for the
purposes of this paragraph; or
(ii) necessary for the
purposes of exercising the powers of a health and safety representative.
(2) Paragraph (1)(d) has effect subject
to subclauses (3) and (4).
Information
(3) The operator must not permit a health and
safety representative in relation to a designated work group to have access to
information that:
(a) is of a confidential medical
nature under the control of the operator; and
(b) relates to a person who is or was
a group member;
unless:
(c) the person has delivered to the
employer a written authority permitting the representative to have access to
the information; or
(d) the information is in a form that
does not identify the person or enable the identity of the person to be
discovered.
(4) The operator is not required to give a
health and safety representative access to any information in relation to which
the operator is entitled to claim, and does claim, legal professional
privilege.
Employer and supervisor
(5) The duties imposed by this clause on the
operator in relation to the health and safety representative for a designated
work group apply equally, to the extent that the matters to which the duties
relate are within the control of a work group employer or of a supervisor of
particular work, to that employer and to that supervisor.
Division 4—Health and safety committees
41
Health and safety committees
Establishment
(1) A health and safety committee must be
established in relation to the members of the workforce at a facility if:
(a) the number of those members
normally present at the facility is not less than 50 (whether or not those
members are all at work at the facility at the same time); and
(b) the members of the workforce are
included in one or more designated work groups; and
(c) the operator is requested to
establish the committee by the health and safety representative for the
designated work group or for one of the designated work groups.
Constitution
(2) The health and safety committee consists
of:
(a) the number of members specified in
an agreement reached between the operator and the members of the workforce; or
(b) if there is no such agreement—an
equal number of:
(i) members, chosen by the
members of the workforce, to represent the interests of members of the
workforce; and
(ii) members, chosen by the
operator, to represent the interests of the operator and the employers (other
than the operator) of members of the workforce.
(3) The agreement referred to in paragraph (2)(a)
may:
(a) specify the persons who are to be
members to represent the interests of the operator and employers (other than
the operator) of members of the workforce; and
(b) provide for the way in which
persons who are to be members to represent the interests of members of the
workforce are to be chosen.
Selection of members
(4) If regulations made for the purposes of
this clause specify procedures for the selection of persons as members of
health and safety committees, to represent the interests of members of the
workforce, an agreement referred to in paragraph (2)(a) must not provide
for such members to be chosen in a way inconsistent with the regulations.
Meetings
(5) A health and safety committee must hold
meetings at least once every 3 months.
(6) The procedure at meetings of a health and
safety committee must, except to the extent provided for by the regulations, be
the procedure agreed upon by the committee.
(7) A health and safety committee must cause
minutes of its meetings to be kept, and must retain those minutes for a period
of not less than 3 years.
Other committees
(8) This clause does not prevent an operator
from establishing, in consultation with members of the workforce or any other
persons, committees concerned with occupational health and safety in relation
to undertakings carried on by the operator.
42
Functions of health and safety committees
(1) A health and safety committee has the
following functions:
(a) to assist the operator of the
facility concerned:
(i) to develop and
implement measures designed to protect; and
(ii) to review and update
measures used to protect;
the health and safety at work of
members of the workforce;
(b) to facilitate cooperation between
the operator of the facility, employers (other than the operator) of members of
the workforce, and members of the workforce, in relation to occupational health
and safety matters;
(c) to assist the operator to
disseminate among members of the workforce, in appropriate languages,
information relating to health and safety at work;
(d) such functions as are prescribed;
(e) such other functions as are agreed
upon between the operator and the health and safety committee.
(2) A health and safety committee has power
to do all things necessary or convenient to be done for, or in connection with,
the performance of its functions.
(3) This Schedule does not:
(a) impose an obligation on a person
to do any act, because the person is a member of a health and safety committee,
in connection with the performance of a function conferred on the committee; or
(b) render such a person liable in
civil proceedings because of:
(i) a failure to do such
an act; or
(ii) the manner in which
such an act was done.
43
Duties of the operator and other employers in relation to health and safety
committees
Duties
(1) If there is a health and safety
committee, the operator and any employer (other than the operator) of a member
of the workforce must:
(a) make available to the committee
any information possessed by the operator or that employer relating to risks to
health and safety to members of the workforce; and
(b) permit any member of the committee
who is a member of the workforce to take such time off work, without loss of
remuneration or other entitlements, as is necessary for the member adequately
to participate in the performance by the committee of its functions.
(2) Paragraph (1)(a) has effect subject
to subclauses (3) and (4).
Information
(3) The operator or any employer (other than
the operator) of a member of the workforce must not make available to a health
and safety committee information of a confidential nature relating to a person
who is or was a member of the workforce, unless:
(a) the person has authorised the
information to be made available to the committee; or
(b) the information is in a form that
does not identify the person or enable the identity of the person to be
discovered.
(4) The operator or any employer (other than
the operator) of a member of the workforce is not required to make available to
a health and safety committee any information in relation to which the operator
or employer is entitled to claim, and does claim, legal professional privilege.
Division 5—Emergency procedures
44
Action by health and safety representatives
Imminent and serious danger to health or safety
(1) If a health and safety representative for
a designated work group has reasonable cause to believe that there is an
imminent and serious danger to the health or safety of any person at or near
the facility unless a group member or group members cease to perform particular
work, the representative must:
(a) inform a person (a supervisor)
supervising the group member or group members in the performance of the work of
the danger; or
(b) if no supervisor can be contacted
immediately:
(i) direct the group
member or group members to cease, in a safe manner, to perform the work; and
(ii) as soon as
practicable, inform a supervisor that the direction has been given.
(2) If a supervisor is informed under paragraph (1)(a)
of a danger to the health or safety of any person at or near the facility, the
supervisor must take such action as he or she thinks appropriate to remove that
danger, and any such action may include directing a group member or group
members to cease, in a safe manner, to perform the work.
(3) If:
(a) a health and safety representative
has informed a supervisor under paragraph (1)(a) of a danger; and
(b) the representative has reasonable
cause to believe that, despite any action taken by the supervisor in accordance
with subclause (2), there continues to be an imminent and serious danger
to the health or safety of any person at or near the facility unless the group
member or group members cease to perform particular work;
the representative must:
(c) direct the group member or group
members to cease, in a safe manner, to perform the work; and
(d) as soon as practicable, inform the
supervisor that the direction has been given.
Inspection
(4) If:
(a) a health and safety representative
gives a direction under paragraph (1)(b), but is unable to agree with a
supervisor whom the representative has informed under that paragraph that there
is a need for a direction under that paragraph; or
(b) a health and safety representative
gives a direction under paragraph (3)(c);
the representative or the supervisor may make a request to
the Safety Authority or to an OHS inspector that an inspection be conducted of
the work that is the subject of the direction.
(5) As soon as possible after a request is
made, an inspection must be conducted of the work that is the subject of the
direction, and the OHS inspector conducting the inspection must make such
decisions, and exercise such powers, under Part 4 of this Schedule as the
OHS inspector considers necessary in relation to the work.
(6) This clause does not limit the power of a
health and safety representative under subparagraph 34(1)(a)(iii) of this
Schedule to make a request to an OHS inspector or to the Safety Authority that
an inspection be conducted at the workplace.
45
Direction to perform other work
Scope
(1) This clause applies if:
(a) a group member who is an employee
has ceased to perform work, in accordance with the direction of a health and
safety representative under paragraph 44(1)(b) or (3)(c); and
(b) the cessation of work does not
continue after:
(i) the health and safety
representative has agreed with a person supervising work at the workplace where
the work was being performed that the cessation of work was not, or is no
longer, necessary; or
(ii) an OHS inspector has,
under subclause 44(5), made a decision to the effect that the employee should
perform the work.
Direction to perform other work
(2) The employer may direct the employee to
perform suitable alternative work, and the employee is to be taken, for all
purposes, to be required to perform that other work under the terms and
conditions of the employee’s employment.
Division 6—Exemptions
46
Exemptions
(1) The Safety Authority may, in accordance
with the regulations, make a written order exempting a specified person from
any or all of the provisions of this Part (other than this clause).
Note: For specification by class, see subsection
13(3) of the Legislative Instruments Act 2003.
(2) The Safety Authority must not make an
order under subclause (1) unless it is satisfied on reasonable grounds
that it is impracticable for the person to comply with the provision or
provisions.
(3) An order under subclause (1) is a
legislative instrument for the purposes of the Legislative Instruments Act
2003.
Part 4—Inspections
Division 1—Introduction
47
Simplified outline
The following is a simplified outline of
this Part:
• An OHS inspector may
conduct an inspection:
(a) to ascertain
whether a listed OHS law is being complied with; or
(b) concerning a
contravention or a possible contravention of a listed OHS law; or
(c) concerning
an accident or dangerous occurrence that has happened at or near a facility.
• An OHS inspector may issue
a prohibition notice to the operator of a facility in order to remove an
immediate threat to the health or safety of any person.
• An OHS inspector may issue
an improvement notice specifying action that is to be taken to prevent
contraventions of a listed OHS law.
• An OHS inspector must
prepare a report about an inspection and give the report to the Safety
Authority.
48
Powers, functions and duties of OHS inspectors
(1) A person who is appointed under section 680
as an OHS inspector has the powers, functions and duties of an OHS inspector
conferred or imposed by a listed OHS law.
(2) The Safety
Authority may give written directions specifying the manner in which, and the
conditions subject to which, powers conferred on OHS inspectors by a listed OHS
law are to be exercised. If it does so, the powers of OHS inspectors must be
exercised in accordance with those directions.
(3) The Safety Authority may, by written
notice, impose restrictions, not inconsistent with any direction in force under
subclause (2), on the powers that are conferred on a particular OHS
inspector by a listed OHS law. If it does so, the powers of the OHS inspector
are taken to have been restricted accordingly.
(4) If a direction under subclause (2)
is of general application, the direction is a legislative instrument for the
purposes of the Legislative Instruments Act 2003.
(5) If a direction under subclause (2)
relates to a particular case, the direction is not a legislative instrument for
the purposes of the Legislative Instruments Act 2003.
(6) A notice under subclause (3) is not
a legislative instrument for the purposes of the Legislative Instruments Act
2003.
Division 2—Inspections
49
Inspections
Inspections conducted on OHS inspector’s own initiative
(1) An OHS inspector may, at any time,
conduct an inspection:
(a) to ascertain whether the
requirements of, or any requirements properly made under, a listed OHS law are
being complied with; or
(b) concerning a contravention or a
possible contravention of a listed OHS law; or
(c) concerning an accident or
dangerous occurrence that has happened at or near a facility.
Inspections conducted at the direction of the Safety
Authority
(2) The Safety Authority may direct an OHS
inspector to conduct an inspection:
(a) to ascertain whether the
requirements of, or any requirements properly made under, a listed OHS law are
being complied with; or
(b) concerning a contravention or a
possible contravention of a listed OHS law; or
(c) concerning an accident or
dangerous occurrence that has happened at or near a facility;
and the OHS inspector must, unless the Safety Authority
revokes the direction, conduct an inspection accordingly.
Division 3—Powers of OHS inspectors in relation to the conduct of
inspections
Subdivision A—General powers of entry and search
50
Powers of entry and search—facilities
Power to enter and search
(1) An OHS inspector may, for the purposes of
an inspection, at any reasonable time during the day or night:
(a) enter the facility to which the
inspection relates and do any or all of the following:
(i) search the facility;
(ii) inspect, examine, take
measurements of, or conduct tests concerning, any workplace at the facility or
any plant, substance or thing at the facility;
(iii) take photographs of,
make video recordings of, or make sketches of, any workplace at the facility or
any plant, substance or thing at the facility;
(iv) inspect, take extracts
from, or make copies of, any documents at the facility that the OHS inspector
has reasonable grounds to believe relate, or are likely to relate, to the
subject matter of the inspection; and
(b) inspect the seabed and subsoil in
the vicinity of the facility to which the inspection relates.
Notification of entry
(2) Immediately on entering a facility for
the purposes of an inspection, an OHS inspector must take reasonable steps to
notify the purpose of entering the facility to:
(a) the operator’s representative at
the facility; and
(b) if there is a health and safety
representative for a designated work group having a group member likely to be
affected by the matter the subject of the inspection—that representative;
and must, on being
requested to do so by the person referred to in paragraph (a) or (b),
produce for inspection by that person:
(c) the
OHS inspector’s identity card; and
(d) a copy of the Safety Authority’s
written direction (if any) to conduct the inspection; and
(e) a copy of the restrictions (if
any) imposed on the powers of the OHS inspector under subclause 48(3).
Consultation with health and safety representative
(3) If there is a health and safety
representative for a designated work group having a group member likely to be
affected by the matter the subject of the inspection, the OHS inspector must
give the health and safety representative a reasonable opportunity to consult
on the matter the subject of the inspection.
51
Powers of entry and search—regulated business premises (other than facilities)
Power to enter and search
(1) An OHS inspector may, for the purposes of
an inspection:
(a) at any reasonable time, enter any
regulated business premises (other than a facility) if the OHS inspector has
reasonable grounds to believe that there are likely to be at those premises documents
that relate to a facility that is, or to facility operations that are, the
subject of the inspection; and
(b) search for, inspect, take extracts
from, or make copies of, any such documents at those premises.
Notification of entry
(2) Immediately on entering premises referred
to in subclause (1), an OHS inspector must take reasonable steps to notify
the purpose of the entry to the occupier of those premises, and must, on being
requested to do so by the occupier, produce for inspection by the occupier:
(a) the OHS inspector’s identity card;
and
(b) a copy of the Safety Authority’s
written direction (if any) to conduct the inspection; and
(c) a copy of the restrictions (if
any) imposed on the powers of the OHS inspector under subclause 48(3).
52 Powers
of entry and search—premises (other than regulated business premises)
Power to enter and search
(1) An OHS inspector may, for the purposes of
an inspection:
(a) enter any premises (other than
regulated business premises) if the OHS inspector has reasonable grounds to
believe that there are likely to be at those premises documents that relate to
a facility that is, or to facility operations that are, the subject of the
inspection; and
(b) search for, inspect, take extracts
from, or make copies of, any such documents at those premises.
(2) An OHS inspector may exercise the powers
referred to in subclause (1) to enter premises only:
(a) if the premises are not a
residence:
(i) in accordance with a
warrant under clause 53; or
(ii) with the consent of
the occupier of the premises; or
(b) if the premises are a
residence—with the consent of the occupier of the premises.
Notification of entry
(3) Immediately on entering premises referred
to in subclause (1), an OHS inspector must:
(a) take reasonable steps to notify
the purpose of the entry to the occupier of those premises; and
(b) take reasonable steps to produce,
for inspection by the occupier, the OHS inspector’s identity card; and
(c) on being requested to do so by the
occupier, produce, for inspection by the occupier:
(i) a copy of the Safety
Authority’s written direction (if any) to conduct the inspection; and
(ii) a copy of the
restrictions (if any) imposed on the powers of the OHS inspector under
subclause 48(3).
Entry by warrant—copy of warrant to be made available
to occupier
(4) If:
(a) an OHS inspector enters premises
in accordance with a warrant under clause 53; and
(b) the occupier of the premises is
present at the premises;
the OHS inspector must make a copy of the warrant
available to the occupier.
Entry by consent
(5) Before obtaining the consent of a person
as mentioned in paragraph (2)(a) or (b), an OHS inspector must inform the
person that:
(a) the person may refuse consent; and
(b) the consent may be withdrawn.
(6) The consent of a person is not effective
for the purposes of subclause (2) unless the consent is voluntary.
53
Warrant to enter premises (other than regulated business premises)
Application for warrant
(1) An OHS inspector may apply to a
Magistrate for a warrant authorising the OHS inspector, with such assistance as
the OHS inspector thinks necessary, to exercise the powers referred to in
subclause 52(1) in relation to particular premises (other than a residence).
(2) The application must be supported by an
information on oath or affirmation that sets out the grounds on which the OHS
inspector is applying for the warrant.
Issue of warrant
(3) If the Magistrate is satisfied that there
are reasonable grounds for issuing the warrant, the Magistrate may issue the warrant.
(4) A warrant
issued under subclause (3) must state:
(a) the
name of the OHS inspector; and
(b) whether
the inspection may be carried out at any time or only during specified hours of
the day; and
(c) the day on which the warrant
ceases to have effect; and
(d) the purposes for which the warrant
is issued.
(5) The day specified under paragraph (4)(c)
is not to be more than 7 days after the day on which the warrant is issued.
(6) The purposes specified under paragraph (4)(d)
must include the identification of the premises in relation to which the
warrant is issued.
54
Obstructing or hindering OHS inspector
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct obstructs or hinders
an OHS inspector in the exercise of the OHS inspector’s powers under clause 50,
51 or 52.
Penalty: 50 penalty units.
(2) Subclause (1) does not apply if the
person has a reasonable excuse.
Note 1: The defendant bears an evidential burden in
relation to the matter in subclause (2)—see subsection 13.3(3) of the Criminal
Code.
Note 2: See also Part 2.3 of the Criminal Code
(circumstances in which there is no criminal responsibility).
Note 3: The same conduct may be an offence against both
subclause (1) of this clause and section 149.1 of the Criminal
Code.
Subdivision B—Offence‑related searches and seizures
55
What is evidential material?
For the purposes of this Subdivision, a
thing is evidential material if it is:
(a) a thing in respect of which an
offence against a listed OHS law has been committed or is suspected, on
reasonable grounds, to have been committed; or
(b) a thing that there are reasonable
grounds for suspecting will afford evidence as to the commission of an offence
against a listed OHS law; or
(c) a thing that there are reasonable
grounds for suspecting was used, or is intended to be used, for the purposes of
committing an offence against a listed OHS law.
56
Offence‑related searches and seizures—OHS inspector already present at
facility
Scope
(1) This clause applies if, in connection
with an inspection:
(a) an OHS inspector has entered a
facility under clause 50; and
(b) the OHS inspector believes on
reasonable grounds that there is at the facility any evidential material.
Power to search etc.
(2) The OHS inspector may, for the purposes
of the inspection:
(a) search the facility for evidential
material; and
(b) break open and search a cupboard,
drawer, chest, trunk, box, package or other receptacle, whether a fixture or
not, at the facility and in which the OHS inspector believes on reasonable
grounds there to be any evidential material; and
(c) examine any thing at the facility
that the OHS inspector believes on reasonable grounds to be evidential
material; and
(d) seize any thing at the facility
that the OHS inspector believes on reasonable grounds to be evidential
material; and
(e) take samples of any thing at the
facility that the OHS inspector believes on reasonable grounds to be evidential
material; and
(f) exercise the data access powers
set out in clause 58 in relation to the facility; and
(g) exercise the data seizure powers
set out in clause 59 in relation to the facility.
(3) An OHS
inspector may exercise the powers referred to in paragraph (2)(a), (b),
(c), (e) or (f) only:
(a) with
the consent of:
(i) the
operator; or
(ii) the
operator’s representative at the facility; or
(b) in accordance with a warrant
issued under subclause 67(1).
(4) An OHS inspector may exercise the powers
referred to in paragraph (2)(d) or (g) only in accordance with a warrant
issued under subclause 67(1).
Notification of search
(5) Before searching a facility under subclause (2),
an OHS inspector must:
(a) take reasonable steps to notify
the purpose of the search to the operator’s representative at the facility; and
(b) take reasonable steps to produce,
for inspection by the operator’s representative, the OHS inspector’s identity
card; and
(c) on being requested to do so by the
operator’s representative, produce, for inspection by the operator’s
representative:
(i) a copy of the Safety
Authority’s written direction (if any) to conduct the inspection; and
(ii) a copy of the
restrictions (if any) imposed on the powers of the OHS inspector under
subclause 48(3).
Copy of warrant to be made available to operator’s representative
or occupier
(6) If:
(a) an OHS inspector searches a
facility in accordance with a warrant issued under subclause 67(1); and
(b) the operator’s representative at
the facility is present at the facility;
the OHS inspector must make a copy of the warrant
available to the operator’s representative.
Entry by consent
(7) Before obtaining the consent of a person
as mentioned in paragraph (3)(a), an OHS inspector must inform the person
that:
(a) the person may refuse consent; and
(b) the consent may be withdrawn.
(8) The consent of a person is not effective
for the purposes of subclause (3) unless the consent is voluntary.
Evidence of commission of other offences
(9) If:
(a) in the course of searching, in
accordance with a warrant issued under subclause 67(1) for particular
evidential material relating to an offence against a listed OHS law, an OHS
inspector finds a thing that the OHS inspector believes on reasonable grounds
to be:
(i) a thing that is
evidential material relating to that offence, although not evidential material
of a kind specified in the warrant; or
(ii) a thing that is
evidential material relating to another offence against a listed OHS law; and
(b) the OHS inspector believes, on
reasonable grounds, that it is necessary to seize that thing in order to
prevent its concealment, loss or destruction, or its use in committing,
continuing or repeating the offence or the other offence;
the warrant is taken to authorise the OHS inspector to
seize that thing.
57
Offence‑related searches and seizures—OHS inspector not already present
at facility, premises or vessel
Scope
(1) This clause applies if, in connection
with an inspection, an OHS inspector believes on reasonable grounds that:
(a) there is at a facility any
evidential material; or
(b) there is at any premises (other
than a facility) any evidential material; or
(c) there is on any vessel any
evidential material.
Power to enter and search etc.
(2) The OHS inspector may, for the purposes
of the inspection:
(a) enter the facility, premises or
vessel; and
(b) search the facility, premises or
vessel for evidential material; and
(c) break open and search a cupboard,
drawer, chest, trunk, box, package or other receptacle, whether a fixture or
not, at the facility or premises or on the vessel and in which the OHS
inspector believes on reasonable grounds there to be any evidential material;
and
(d) examine any thing at the facility
or premises or on the vessel that the OHS inspector believes on reasonable
grounds to be evidential material; and
(e) seize any thing at the facility or
premises or on the vessel that the OHS inspector believes on reasonable grounds
to be evidential material; and
(f) inspect, examine, take
measurements of, conduct tests on, or take samples of, any thing at the
facility or premises or on the vessel that the OHS inspector believes on
reasonable grounds to be evidential material; and
(g) take photographs of, make video
recordings of, or make sketches of the facility, premises or vessel or any
thing at the facility or premises or on the vessel that the OHS inspector
believes on reasonable grounds to be evidential material; and
(h) exercise the data access powers
set out in clause 58 in relation to the facility, premises or vessel; and
(i) exercise the data seizure powers
set out in clause 59 in relation to the facility, premises or vessel.
(3) An OHS inspector may exercise the powers
referred to in paragraph (2)(a), (b), (c), (d), (f), (g) or (h) only:
(a) with the consent of:
(i) in the case of a
facility—the operator’s representative at the facility or the operator of the
facility; or
(ii) in the case of
premises—the occupier of the premises; or
(iii) in the case of a
vessel—the master of the vessel; or
(b) in accordance with a warrant
issued under subclause 67(2) or (4).
(4) An OHS inspector may exercise the powers
referred to in paragraph (2)(e) or (i) only in accordance with a warrant
issued under subclause 67(1).
Notification of entry
(5) Immediately on entering a facility,
premises or vessel under subclause (2), an OHS inspector must:
(a) take reasonable steps to notify
the purpose of the entry to the operator’s representative at the facility, the
occupier of the premises, or the master of the vessel, as the case may be; and
(b) take reasonable steps to produce,
for inspection by the operator’s representative, the occupier, or the master,
as the case may be, the OHS inspector’s identity card; and
(c) on being requested to do so by the
operator’s representative, the occupier, or the master, produce, for inspection
by the operator’s representative, the occupier or the master, as the case may
be:
(i) a copy of the Safety
Authority’s written direction (if any) to conduct the inspection; and
(ii) a copy of the
restrictions (if any) imposed on the powers of the OHS inspector under
subclause 48(3).
Copy of warrant to be made available to operator’s
representative, occupier or master
(6) If:
(a) an OHS inspector enters a
facility, premises or vessel in accordance with a warrant issued under
subclause 67(2) or (4); and
(b) in the case of a facility or
premises—the operator’s representative at the facility, or the occupier of the
premises, is present at the facility or premises, as the case may be;
the OHS inspector must make a copy of the warrant available
to the operator’s representative, the occupier of the premises, or the master
of the vessel, as the case may be.
Entry by consent
(7) Before
obtaining the consent of a person as mentioned in paragraph (3)(a), an OHS
inspector must inform the person that:
(a) the
person may refuse consent; and
(b) the
consent may be withdrawn.
(8) The consent of a person is not effective
for the purposes of subclause (3) unless the consent is voluntary.
Evidence of commission of other offences
(9) If:
(a) in the course of searching, in
accordance with a warrant issued under subclause 67(2) or (4) for particular
evidential material relating to an offence against a listed OHS law, an OHS
inspector finds a thing that the OHS inspector believes on reasonable grounds to
be:
(i) a thing that is
evidential material relating to that offence, although not evidential material
of a kind specified in the warrant; or
(ii) a thing that is
evidential material relating to another offence against a listed OHS law; and
(b) the OHS inspector believes, on
reasonable grounds, that it is necessary to seize that thing in order to
prevent its concealment, loss or destruction, or its use in committing,
continuing or repeating the offence or the other offence;
the warrant is taken to authorise the OHS inspector to
seize that thing.
58
Data access powers
Data access powers of OHS inspector
(1) This clause sets out the data access
powers that an OHS inspector may exercise under:
(a) paragraph 56(2)(f) in relation to
a facility; or
(b) paragraph 57(2)(h) in relation to
a facility, premises or vessel.
Operation of electronic equipment
(2) The OHS inspector may operate electronic
equipment at the facility or premises or on the vessel to access data
(including data not held at the facility or premises or on the vessel) if the
OHS inspector believes on reasonable grounds that:
(a) the data might constitute
evidential material; and
(b) the equipment can be operated
without damaging it.
Note: An OHS inspector can obtain an order requiring
a person with knowledge of a computer or computer system to provide assistance:
see clause 60.
Copying of data
(3) If the OHS inspector believes on
reasonable grounds that any data accessed by operating the electronic equipment
might constitute evidential material, the OHS inspector may:
(a) copy the data to a disk, tape or
other associated device brought to the facility, premises or vessel; or
(b) if:
(i) the operator’s
representative at the facility; or
(ii) the occupier of the
premises; or
(iii) the master of the
vessel;
as the case may be, agrees in
writing—copy the data to a disk, tape or other associated device at the
facility or premises or on the vessel;
and take the disk, tape or device from the facility,
premises or vessel.
(4) If:
(a) the OHS inspector takes the disk,
tape or device from the facility, premises or vessel; and
(b) the Safety Authority is satisfied
that the data is not required (or is no longer required) for:
(i) an inspection; or
(ii) the prosecution of a
person;
the Safety Authority must arrange for:
(c) the removal of the data from any
disk, tape or device in the control of the Safety Authority; and
(d) the destruction of any other
reproduction of the data in the control of the Safety Authority.
Securing equipment
(5) If the OHS inspector believes on
reasonable grounds that:
(a) evidential material may be
accessible by operating electronic equipment at the facility or premises or on
the vessel; and
(b) expert assistance is required to
operate the equipment; and
(c) if the OHS inspector does not take
action under this subclause, the material may be destroyed, altered or
otherwise interfered with;
the OHS inspector may do whatever is necessary to secure
the equipment, whether by locking it up, placing a guard or otherwise.
(6) The OHS inspector must give notice to:
(a) the operator’s representative at
the facility; or
(b) the occupier of the premises; or
(c) the master of the vessel;
as the case may be, of the OHS inspector’s intention to
secure equipment and of the fact that the equipment may be secured for up to 24
hours.
(7) The equipment may be secured:
(a) for a period not longer than 24
hours; or
(b) until the equipment has been
operated by the expert;
whichever happens first.
(8) If the OHS inspector believes on
reasonable grounds that the expert assistance will not be available within 24
hours, the OHS inspector may apply to a Magistrate for an extension of that
period.
(9) The OHS inspector must give notice to:
(a) the operator’s representative at
the facility; or
(b) the occupier of the premises; or
(c) the master of the vessel;
as the case may be, of the OHS inspector’s intention to
apply for an extension, and the operator, occupier or master is entitled to be
heard in relation to the application.
(10) The provisions of this Subdivision
relating to the issue of warrants apply, with such modifications as are
necessary, to the issuing of an extension.
59
Data seizure powers
Data seizure powers of OHS inspector
(1) This clause sets out the data seizure powers
that an OHS inspector may exercise under:
(a) paragraph 56(2)(g) in relation to
a facility; or
(b) paragraph 57(2)(i) in relation to
a facility, premises or vessel.
Seizure
(2) If:
(a) an OHS inspector operates
electronic equipment under subclause 58(2); and
(b) the OHS inspector, after operating
the equipment, finds that evidential material is accessible by doing so;
the OHS inspector may:
(c) seize the equipment and any disk,
tape or other associated device; or
(d) if the material can, by using a
thing at the facility or premises or on the vessel, be put in documentary
form—operate the thing to put the material in that form, and seize the
documents so produced.
(3) The OHS
inspector may seize equipment under paragraph (2)(c) only if:
(a) it is not practicable to copy the
data as mentioned in subclause 58(3) or to put the material in documentary form
as mentioned in paragraph (2)(d) of this clause; or
(b) the equipment is in the possession
of another person, and the possession by the other person could constitute an
offence.
60
Access to computer data
Scope
(1) This clause applies if a warrant is in
force under clause 67 authorising an OHS inspector to exercise data access
powers under clause 58 in relation to a facility, premises or vessel.
Application to Magistrate for access order
(2) The OHS inspector may apply to a
Magistrate for an order requiring a specified person to provide any information
or assistance that is reasonable and necessary to allow the OHS inspector to do
one or more of the following:
(a) access data held in, or accessible
from, a computer that is at the facility or premises or on the vessel;
(b) copy the data to a data storage
device;
(c) convert the data into documentary
form.
Grant of access order
(3) The Magistrate may grant the order if the
Magistrate is satisfied that:
(a) there are reasonable grounds for
suspecting that evidential material is held in, or is accessible from, the
computer; and
(b) the specified person is:
(i) reasonably suspected
of having been involved in the offence stated in the warrant; or
(ii) the owner or lessee of
the computer; or
(iii) an employee of the
owner or lessee of the computer; and
(c) the specified person has relevant
knowledge of:
(i) the computer or a
computer network of which the computer forms a part; or
(ii) measures applied to
protect data held in, or accessible from, the computer.
Offence
(4) A person commits an offence if:
(a) the person is subject to an order
under this clause; and
(b) the person omits to do an act; and
(c) the omission breaches the order.
Penalty for contravention of this subclause: Imprisonment for
6 months.
61
Compensation for damage to equipment
(1) This
clause applies if:
(a) as
a result of equipment being operated as mentioned in clause 58 or 59:
(i) damage is caused to
the equipment; or
(ii) the data recorded on
the equipment is damaged; or
(iii) programs associated
with the use of the equipment, or with the use of the data, are damaged or
corrupted; and
(b) the damage or corruption occurs
because:
(i) insufficient care was
exercised in selecting the person who was to operate the equipment; or
(ii) insufficient care was
exercised by the person operating the equipment.
(2) The Commonwealth must pay the owner of
the equipment, or the user of the data or programs, such reasonable
compensation for the damage or corruption as the Commonwealth and the owner or
user agree on.
(3) However, if the owner or user and the
Commonwealth fail to agree, the owner or user may institute proceedings in the
Federal Court for such reasonable amount of compensation as the Court
determines.
(4) In determining the amount of compensation
payable, regard is to be had to:
(a) if the equipment was operated at a
facility—whether the operator of the facility, or the operator’s representative
at the facility, if they were available at the time, provided any appropriate
warning or guidance on the operation of the equipment; or
(b) if the equipment was operated at
premises other than a facility—whether the occupier of the premises, or the
occupier’s employees and agents, if they were available at the time, provided
any appropriate warning or guidance on the operation of the equipment; or
(c) if the equipment was operated on a
vessel—whether the master of the vessel, or the crew of the vessel, provided
any appropriate warning or guidance on the operation of the equipment.
(5) Compensation is payable out of money
appropriated by the Parliament.
(6) For the purposes of subclause (1):
damage, in relation to data, includes damage
by erasure of data or addition of other data.
62
Copies of things seized to be provided
(1) If an OHS inspector seizes, under this
Subdivision:
(a) a document, film, computer file or
other thing that can be readily copied; or
(b) a
storage device the information in which can be readily copied;
the OHS inspector must, if requested to do so by:
(c) in the case of a facility—the
operator’s representative at the facility; or
(d) in the case of premises (other
than a facility)—the occupier of the premises or another person who apparently
represents the occupier and who is present when the thing is seized; or
(e) in the case of a vessel—the master
of the vessel;
give a copy of the thing or the information to that person
as soon as practicable after the seizure.
(2) However, subclause (1) does not
apply if:
(a) the thing that has been seized was
seized under subclause 58(3) or paragraph 59(2)(d); or
(b) the document, film, computer file,
thing or information is in the possession of another person, and the possession
by the other person could constitute an offence.
63
Operator’s representative, occupier or master entitled to be present during
search
(1) If a warrant in relation to a facility is
being executed, the operator’s representative at the facility is entitled to
observe the search being conducted.
(2) If a
warrant in relation to premises is being executed, the following person is
entitled to observe the search being conducted:
(i) if
the occupier of the premises is present at the premises—the occupier;
(ii) if another person who apparently
represents the occupier is present at the premises—the other person.
(3) If a warrant in relation to a vessel is
being executed, the master of the vessel is entitled to observe the search
being conducted.
(4) The right to observe the search being
conducted ceases if the operator’s representative, the occupier, the other
person or the master, as the case may be, impedes the search.
(5) This section does not prevent 2 or more
areas of the facility, premises or vessel being searched at the same time.
64
Receipts for things seized
(1) If an OHS inspector seizes a thing under
this Subdivision, the OHS inspector must provide a receipt for the thing.
(2) If 2 or more things are seized or moved,
they may be covered in the one receipt.
65
Retention of things seized
(1) If an OHS inspector seizes a thing under
this Subdivision, the OHS inspector or the Safety Authority may retain it
until:
(a) the end of the period of 60 days
after the seizure; or
(b) if proceedings for an offence in
respect of which the thing may afford evidence are instituted within that
period—the proceedings (including any appeal to a court in relation to those
proceedings) are completed.
(2) The Safety Authority may, by written
instrument, authorise a thing seized under this Subdivision to be released to
the owner, or to the person from whom it was seized, either:
(a) unconditionally; or
(b) on such conditions as the Safety
Authority thinks fit.
66
Magistrate may permit a thing seized to be retained for a further period
(1) If an OHS inspector seizes a thing under
this Subdivision, the OHS inspector or the Safety Authority may apply to a
Magistrate for an order that the OHS inspector, or the Safety Authority, as the
case may be, may retain the thing for a further period if:
(a) before the end of 60 days after
the seizure; or
(b) before
the end of a period previously specified in an order of a Magistrate under this
clause;
proceedings for an offence in respect of which the thing
may afford evidence have not been instituted.
(2) If the Magistrate is satisfied that it is
necessary for an OHS inspector, or the Safety Authority, as the case may be, to
continue to retain the thing:
(a) for the purposes of an inspection;
or
(b) to
enable evidence of an offence against a listed OHS law to be secured for the
purposes of a prosecution;
the Magistrate may order that the OHS inspector or the
Safety Authority may retain the thing for a period (not exceeding 3 years)
specified in the order.
(3) Before making the application, the OHS
inspector, or the Safety Authority, as the case may be, must:
(a) take reasonable steps to discover
who has an interest in the retention of the thing; and
(b) if it is practicable to do
so—notify the proposed application to each person whom the OHS inspector or the
Safety Authority believes to have an interest in the retention of the thing.
67
Magistrate may issue warrant
Warrant relating to powers under clause 56
(1) If:
(a) an OHS inspector has entered a
facility under clause 50; and
(b) the OHS inspector believes on
reasonable grounds that there is at the facility any evidential material; and
(c) the OHS inspector applies to a
Magistrate, by telephone, fax or other electronic means, for a search warrant
under this subclause in relation to the evidential material;
the Magistrate may issue a search warrant authorising the
OHS inspector, with such assistance, and by such force, as is necessary and
reasonable, to exercise the powers referred to in paragraphs 56(2)(a) to (g) of
this Schedule in respect of the evidential material.
Warrant relating to powers under clause 57—general
(2) If:
(a) an information on oath or
affirmation is laid before a Magistrate alleging that an OHS inspector believes
on reasonable grounds that there is at a facility or premises or on a vessel
any evidential material; and
(b) the information sets out those
grounds;
the Magistrate may issue a search warrant authorising the
OHS inspector named in the warrant, with such assistance, and by such force, as
is necessary and reasonable, to:
(c) enter the facility, premises or
vessel; and
(d) exercise the powers referred to in
paragraphs 57(2)(b) to (i) of this Schedule in respect of the evidential
material.
(3) If, because of circumstances of urgency,
an OHS inspector thinks it necessary to do so, the OHS inspector may apply to a
Magistrate for a warrant under subclause (2) by telephone, fax or other
electronic means.
Warrant relating to powers under clause 57—vessels
(4) If:
(a) an OHS inspector has entered a
facility under clause 50; and
(b) the OHS inspector believes on
reasonable grounds that there is on a vessel any evidential material that
relates to the listed OHS law covered by paragraph 638(1)(a) of this Act; and
(c) the OHS inspector applies to a
Magistrate, by telephone, fax or other electronic means, for a search warrant
under this subclause in relation to the evidential material;
the Magistrate may issue a
search warrant authorising the OHS inspector named in the warrant, with such
assistance, and by such force, as is necessary and reasonable, to:
(d) enter the vessel; and
(e) exercise the powers referred to in
paragraphs 57(2)(b) to (i) of this Schedule in respect of the evidential
material.
68
Reasonable grounds for issuing warrant etc.
A Magistrate must not issue a warrant
under clause 67 unless:
(a) the informant or some other person
has given to the Magistrate, either orally or by affidavit, such further
information (if any) as the Magistrate requires concerning the grounds on which
the issue of the warrant is being sought; and
(b) the Magistrate is satisfied that
there are reasonable grounds for issuing the warrant.
69
Contents of warrant
(1) A warrant issued under clause 67
must state:
(a) the name of the OHS inspector; and
(b) in the case of a warrant issued
under subclause 67(1)—whether the search may be carried out at any time or only
during specified hours of the day; and
(c) in the case of a warrant issued
under subclause 67(2) or (4)—whether the entry or search may be carried out at
any time or only during specified hours of the day; and
(d) a description of the kind of
things to be seized; and
(e) the day on which the warrant
ceases to have effect; and
(f) the purpose for which the warrant
is issued.
(2) The day specified under paragraph (1)(e)
is not to be more than 7 days after the day on which the warrant is issued.
(3) The purpose specified under paragraph (1)(f)
must include the identification of the facility, premises or vessel in relation
to which the warrant is issued.
70
Provisions relating to issue of warrant by telephone etc.
Scope
(1) This clause applies to an application for
a warrant under subclause 67(1), (2) or (4) if the application is made by
telephone, fax or other electronic means.
Information
(2) Before making the application, an OHS
inspector must prepare an information that:
(a) alleges that the OHS inspector
believes on reasonable grounds that there is at a facility or premises or on a
vessel any evidential material; and
(b) sets out those grounds.
(3) The information must be on oath or
affirmation. However, the OHS inspector may, if it is necessary to do so, make
the application before the information has been sworn or affirmed.
Warrant
(4) If the Magistrate to whom an application
is made is satisfied:
(a) after having considered the terms
of the information prepared under subclause (2); and
(b) after having received such further
information (if any) as the Magistrate requires concerning the grounds on which
the issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant,
the Magistrate must complete and sign such a search warrant.
(5) If the
Magistrate signs a warrant under subclause (4):
(a) the Magistrate must:
(i) inform the OHS
inspector of the terms of the warrant; and
(ii) inform the OHS
inspector of the day on which and the time at which the warrant was signed; and
(iii) inform the OHS
inspector of the day (not more than 7 days after the Magistrate completes and
signs the warrant) on which the warrant ceases to have effect; and
(iv) record on the warrant
the reasons for issuing the warrant; and
(b) the OHS inspector must:
(i) complete a form of
warrant in the same terms as the warrant completed and signed by the Magistrate;
and
(ii) write on it the
Magistrate’s name and the day on which and the time at which the warrant was
signed.
(6) The OHS inspector must, not later than
the day after the date of expiry or execution of the warrant, whichever is the
earlier, send to the Magistrate:
(a) the form of warrant completed by
the OHS inspector; and
(b) the information duly sworn or
affirmed in connection with the warrant.
(7) On receiving the documents referred to in
subclause (6), the Magistrate must:
(a) attach to them the warrant signed
by the Magistrate; and
(b) deal with the documents in the way
that the Magistrate would have dealt with the information if the application
for the warrant had been made otherwise than by telephone, fax or other
electronic means.
(8) A form of warrant duly completed by an
OHS inspector under subclause (5), if it is in accordance with the terms
of the warrant signed by the Magistrate, is authority for a seizure or other
exercise of a power that the warrant so signed authorises.
71
Proceedings involving warrant issued by telephone etc.
If:
(a) it is material in any proceedings
for a court to be satisfied that a seizure or other exercise of power was
authorised in accordance with clause 70; and
(b) a warrant signed by a Magistrate
under clause 70 authorising the seizure or other exercise of power is not
produced in evidence;
the court is to assume, unless the contrary is proved,
that the seizure or other exercise of power was not authorised by such a
warrant.
72
This Subdivision does not limit other powers
(1) This Subdivision does not limit
Subdivision A.
(2) In particular, this Act does not prevent
the concurrent exercise of powers under this Subdivision and Subdivision A.
Note Subdivision A deals with general powers of
entry and search.
(3) This Subdivision does not limit clause 75.
Note: Clause 75 deals with the power to take
possession of plant, take samples of substances etc.
Subdivision C—Other powers
73
Power to require assistance
Requirement to provide assistance
(1) An OHS inspector may, to the extent that
it is reasonably necessary to do so in connection with the conduct of an
inspection, require:
(a) the operator of a facility; or
(b) the person in charge of operations
at a workplace in relation to a facility; or
(c) a member of the workforce at a
facility; or
(d) any person representing a person
referred to in paragraph (a) or (b);
to provide the OHS inspector with reasonable assistance
and facilities:
(e) that is or are reasonably
connected with the conduct of the inspection at or near the facility; or
(f) for the effective exercise of the
OHS inspector’s powers under this Schedule in connection with the conduct of
the inspection at or near the facility.
(2) The reasonable assistance referred to in subclause (1)
includes, so far as the operator of the facility is concerned:
(a) appropriate transport to or from
the facility for the OHS inspector and for any equipment required by the OHS
inspector, or any article of which the OHS inspector has taken possession; and
(b) reasonable accommodation and means
of subsistence while the OHS inspector is at the facility.
Offence
(3) A person commits an offence if:
(a) the person is subject to a
requirement under this clause; and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: Imprisonment for 6 months.
(4) Subclause (3) does not apply if the
person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in
relation to the matter in subclause (4)—see subsection 13.3(3) of the Criminal
Code.
Note 2: See also Part 2.3 of the Criminal Code
(circumstances in which there is no criminal responsibility).
74
Power to require the answering of questions and the production of documents or
articles
Requirement to answer questions
(1) If:
(a) an OHS inspector believes on
reasonable grounds that a person is capable of answering a question that is
reasonably connected with the conduct of an inspection; and
(b) the person is:
(i) the operator of a
facility; or
(ii) the person in charge
of operations at a workplace in relation to a facility; or
(iii) a member of the
workforce at a facility; or
(iv) any person representing
a person referred to in subparagraph (i) or (ii);
the OHS inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of the inspection, require
the person to answer the question put by the OHS inspector.
(2) If, at the
time when a requirement under subclause (1) is imposed on a person, the
person is not physically present on regulated business premises, the person is
not obliged to comply with the requirement unless the requirement:
(a) is
in writing; and
(b) specifies the day on or before
which the question is to be answered; and
(c) is accompanied by a statement to
the effect that a failure to comply with the requirement is an offence.
The day specified under paragraph (b) must be at
least 14 days after the day on which the requirement is imposed.
Requirement to produce documents or articles
(3) If:
(a) an OHS inspector believes on
reasonable grounds that a person is capable of producing a document or article
that is reasonably connected with the conduct of an inspection; and
(b) the person is:
(i) the operator of a
facility; or
(ii) the person in charge
of operations at a workplace in relation to a facility; or
(iii) a member of the
workforce at a facility; or
(iv) any person representing
a person referred to in subparagraph (i) or (ii);
the OHS inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of the inspection, require
the person to produce the document or article.
(4) If, at the time when a requirement under subclause (3)
is imposed on a person, the person is not physically present on regulated
business premises, the person is not obliged to comply with the requirement
unless the requirement:
(a) is in writing; and
(b) specifies the day on or before
which the document or article is to be produced; and
(c) is accompanied by a statement to
the effect that a failure to comply with the requirement is an offence.
The day specified under paragraph (b) must be at
least 14 days after the day on which the requirement is imposed.
Offence
(5) A person commits an offence if:
(a) the person is subject to a
requirement under this clause; and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: Imprisonment for 6 months.
(6) Subclause (5) does not apply if the
person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in
relation to the matter in subclause (6)—see subsection 13.3(3) of the Criminal
Code.
Note 2: See also Part 2.3 of the Criminal Code
(circumstances in which there is no criminal responsibility).
False information
(7) A person commits an offence if:
(a) the person gives information to
another person; and
(b) the person does so knowing that
the information is false or misleading in a material particular; and
(c) the information is given in
compliance or purported compliance with a requirement under this clause.
Penalty: Imprisonment for 6 months.
Note: The same conduct may be an offence against
both subclause (7) of this clause and section 137.1 of the Criminal
Code.
Self‑incrimination
(8) A person is not excused from answering a
question or producing a document or article when required to do so under subclause (1)
or (3) on the ground that the answer to the question, or the production of the
document or article, may tend to incriminate the person or make the person
liable to a penalty.
(9) However:
(a) the answer given or document or
article produced; or
(b) answering the question or
producing the document or article; or
(c) any information, document or thing
obtained as a direct or indirect consequence of the answering of the question
or the production of the document or article;
is not admissible in evidence against the person:
(d) in any civil proceedings; or
(e) in any criminal proceedings other
than:
(i) proceedings for an
offence against this clause; or
(ii) proceedings for an
offence against section 137.1 or 137.2 of the Criminal Code that
relates to this clause.
75
Power to take possession of plant, take samples of substances etc.
Power to take possession or samples
(1) In conducting an inspection, an OHS
inspector may, to the extent that it is reasonably necessary for the purposes
of inspecting, examining, taking measurements of, or conducting tests
concerning, any plant, substance or thing at a facility in connection with the
inspection:
(a) take possession of the plant,
substance or thing and remove it from the facility; or
(b) take a sample of the substance or
thing and remove that sample from the facility.
Notice
(2) On taking possession of plant, a
substance or a thing, or taking a sample of a substance or thing, the OHS inspector
must, by written notice, inform:
(a) the operator of the facility; and
(b) if the plant, substance or thing
is used for the performance of work by an employer (other than the operator) of
a member or members of the workforce at the facility—that employer; and
(c) if the plant, substance or thing
is owned by a person other than a person mentioned in paragraph (a) or
(b)—that person; and
(d) if there is a health and safety
representative for a designated work group that includes a member of the workforce
who is affected by the matter to which the inspection relates—that
representative;
of the taking of possession or the taking of the sample,
and the reasons for it.
Display of notice
(3) If the OHS inspector gives the notice to
the operator of the facility to which the inspection relates, the operator’s
representative at the facility must cause the notice to be displayed in a
prominent place at the workplace from which the plant, substance or thing was
removed.
Duties of OHS inspector
(4) If the OHS inspector takes possession of
plant, a substance or a thing at a workplace for the purpose of inspecting,
examining, taking measurements of, or conducting tests concerning, the plant,
substance or thing, the OHS inspector must:
(a) ensure that the inspection,
examination, measuring or testing is conducted as soon as practicable; and
(b) return it to the workplace as soon
as practicable afterwards.
(5) As soon as practicable after completing
any such inspection, examination, measurement or testing, the OHS inspector
must give a written statement setting out the results to each person whom the
OHS inspector is required to notify under subclause (2).
76
Power to direct that workplace etc. not be disturbed
Direction
(1) If, in conducting an inspection, an OHS
inspector has reasonable grounds to believe that it is reasonably necessary to
give a direction in order to:
(a) remove an immediate threat to the
health or safety of any person; or
(b) allow the inspection, examination
or taking of measurements of, or conducting of tests concerning, a facility or
any plant, substance or thing at the facility;
the OHS inspector may, by written notice given to the
operator’s representative at the facility, direct that the operator must ensure
that:
(c) a particular workplace; or
(d) particular plant, or a particular
substance or thing;
not be disturbed for a period specified in the direction.
(2) The period specified in the direction
must be a period that the OHS inspector has reasonable grounds to believe is
necessary in order to remove the threat or to allow the inspection,
examination, measuring or testing to take place.
Renewal of direction
(3) The direction may be renewed by another
direction in the same terms.
Display of direction
(4) If an OHS inspector gives a notice to the
operator’s representative under subclause (1), the operator’s
representative must cause the notice to be displayed in a prominent place at
the workplace:
(a) that is to be left undisturbed; or
(b) where the plant, substance or
thing that is to be left undisturbed is located.
Notification of direction
(5) As soon as practicable after giving the
direction, the OHS inspector must take reasonable steps to notify:
(a) if the workplace, plant, substance
or thing to which the direction relates is owned by a person other than the
operator of the facility—that person; and
(b) if there is a health and safety
representative for a designated work group that includes a group member
performing work:
(i) at a workplace; or
(ii) involving the plant,
substance or thing;
to which the direction
relates—that representative;
of the direction and the reasons for giving it.
Offence
(6) A person commits an offence if:
(a) the person is subject to a
direction under subclause (1); and
(b) the person omits to do an act; and
(c) the omission breaches the
direction.
Penalty: 250 penalty units.
Reasons
(7) A direction under subclause (1) must
be accompanied by a statement setting out the reasons for the direction.
77
Power to issue prohibition notices
Issue of prohibition notice
(1) If, having conducted an inspection, an
OHS inspector is satisfied on reasonable grounds that it is reasonably
necessary to issue a prohibition notice to the operator of a facility in order
to remove an immediate threat to the health or safety of any person, the OHS
inspector may issue such a notice, in writing, to the operator.
(2) The notice must be issued to the operator
by giving it to the operator’s representative at the facility.
(3) The notice must:
(a) specify the activity in respect of
which, in the OHS inspector’s opinion, the threat to health or safety has
arisen, and set out the reasons for that opinion; and
(b) either:
(i) direct the operator to
ensure that the activity is not engaged in; or
(ii) direct the operator to
ensure that the activity is not engaged in a specified manner.
(4) A specified manner may relate to any one
or more of the following:
(a) any workplace, or part of a
workplace, at which the activity is not to be engaged in;
(b) any plant or substance that is not
to be used in connection with the activity;
(c) any procedure that is not to be
followed in connection with the activity.
Offence
(5) A person
commits an offence if:
(a) the
person is subject to a notice under subclause (1); and
(b) the
person omits to do an act; and
(c) the
omission breaches the notice.
Penalty: 250 penalty units.
OHS inspector to inform operator if action is not
adequate
(6) If an OHS inspector is satisfied that
action taken by the operator to remove the threat to health and safety is not
adequate, the OHS inspector must inform the operator accordingly.
When notice ceases to have effect
(7) The notice ceases to have effect when an
OHS inspector notifies the operator that the OHS inspector is satisfied that
the operator has taken adequate action to remove the threat to health or
safety.
Powers of OHS inspector
(8) In making a decision under subclause (6),
an OHS inspector may exercise such of the powers of an OHS inspector conducting
an inspection as the OHS inspector considers necessary for the purposes of
making the decision.
Notice may specify what is adequate action
(9) The notice may specify action that may be
taken to satisfy an OHS inspector that adequate action has been taken to remove
the threat to health and safety.
Duties of operator’s representative
(10) The operator’s representative at the
facility must:
(a) give a copy of the notice to each
health and safety representative (if any) for any designated work group having
group members performing work that is affected by the notice; and
(b) cause a copy of the notice to be
displayed at a prominent place at or near each workplace at which that work is
performed.
Notification of owner
(11) If the notice relates to any workplace,
plant, substance or thing that is owned by a person other than the operator,
the OHS inspector must, upon issuing the notice, give a copy of the notice to
that person.
78
Power to issue improvement notices
Issue of improvement notice
(1) If, in conducting an inspection, an OHS
inspector believes on reasonable grounds that a person:
(a) is contravening a provision of a
listed OHS law; or
(b) has contravened a provision of a
listed OHS law and is likely to contravene that provision again;
the OHS inspector may issue an improvement notice, in
writing, to the person (the responsible person).
(2) If the responsible person is the
operator, the improvement notice may be issued to the operator by giving it to
the operator’s representative at the facility.
(3) If the responsible person is an employer
(other than the operator) of members of the workforce, but it is not
practicable to give the notice to that employer:
(a) the improvement notice may be
issued to the employer by giving it to the operator’s representative at the
facility; and
(b) if the notice is so issued—the
operator must ensure that a copy of the notice is given to the employer as soon
as practicable afterwards.
Matters to be specified in notice
(4) The notice must:
(a) specify the contravention that the
OHS inspector believes is occurring or is likely to occur, and set out the
reasons for that belief; and
(b) specify a period within which the
responsible person is to take the action necessary to prevent any further
contravention or to prevent the likely contravention, as the case may be.
(5) The period specified in the notice must
be reasonable.
(6) The notice may specify action that the
responsible person is to take during the period specified in the notice.
Extension of period
(7) If the OHS inspector believes on reasonable
grounds that it is appropriate to do so, the OHS inspector may, in writing and
before the end of the period, extend the period specified in the notice.
Duty of responsible person
(8) The responsible person must ensure that
the notice is complied with to the extent that it relates to any matter over
which the person has control.
(9) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (8); and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: 100 penalty units.
Notification of operator’s representative
(10) If an improvement notice is issued to an
employer (other than the operator) of members of the workforce in circumstances
other than the circumstance referred to in subclause (3), the employer
must immediately ensure that a copy of the notice is given to the operator’s
representative at the facility.
Notification of health and safety representative etc.
(11) If a notice
is issued to the operator or to an employer (other than the operator) of
members of the workforce, the operator’s representative at the facility must:
(a) give
a copy of the notice to each health and safety representative for a designated
work group having group members performing work that is affected by the notice;
and
(b) cause a copy of the notice to be
displayed in a prominent place at or near each workplace at which the work is
being performed.
Notification of employer, owner etc.
(12) Upon issuing a notice, the OHS inspector
must give a copy of the notice to:
(a) if the notice is:
(i) given to a member of
the workforce who is an employee; and
(ii) in connection with
work performed by the employee;
the employer of that employee;
and
(b) if the notice relates to any
workplace, plant, substance or thing that is owned by a person other than:
(i) a responsible person;
or
(ii) a person who is an
employer referred to in paragraph (a);
that owner; and
(c) if the notice is issued to a
person who owns any workplace, plant, substance or thing, because of which a
contravention of a listed OHS law has occurred or is likely to occur:
(i) the operator of the
facility; and
(ii) if the employer of
employees who work in that workplace or who use that plant, substance or thing
is a person other than the operator—that employer.
79
Notices not to be tampered with or removed
Tampering with notice
(1) A person must not tamper with any notice
that has been displayed under subclause 75(3), 76(4), 77(10) or 78(11) while
that notice is so displayed.
Removal of notice
(2) If a notice has been displayed under
subclause 75(3), a person must not remove the notice until the plant, substance
or thing to which the notice relates is returned to the workplace from which it
was removed.
(3) If a notice has been displayed under
subclause 76(4), 77(10) or 78(11), a person must not remove the notice before
the notice has ceased to have effect.
Offence
(4) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1), (2) or (3); and
(b) the person engages in conduct; and
(c) the conduct breaches the
requirement.
Penalty: 50 penalty units.
(5) Subclause (4) does not apply if the
person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in
relation to the matter in subclause (5)—see subsection 13.3(3) of the Criminal
Code.
Note 2: See also Part 2.3 of the Criminal Code
(circumstances in which there is no criminal responsibility).
(6) An offence against subclause (4) is
an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
Division 4—Reports on inspections
80
Reports on inspections
Report to be given to the Safety Authority
(1) If an OHS inspector has conducted an
inspection, the OHS inspector must, as soon as practicable, prepare a written
report relating to the inspection and give the report to the Safety Authority.
(2) The report must include:
(a) the OHS inspector’s conclusions
from conducting the inspection and the reasons for those conclusions; and
(b) any recommendations that the OHS
inspector wishes to make arising from the inspection; and
(c) such other matters (if any) as are
prescribed.
Copies of report to be given to operator and owner etc.
(3) As soon as practicable after receiving
the report, the Safety Authority must give a copy of the report, together with
any written comments that it wishes to make:
(a) to the operator of the facility to
which the report relates; and
(b) if the report relates to
activities performed by an employee of another person—to that other person; or
(c) if the report relates to any
plant, substance or thing owned by another person—to that other person.
Details of remedial action etc.
(4) The Safety Authority may, in writing,
request the operator or any other person to whom a copy of the report is given
to provide to the Authority, within a reasonable period specified in the
request, details of:
(a) any action proposed to be taken as
a result of the conclusions or recommendations contained in the report; and
(b) if
a notice has been issued under clause 77 or 78 in relation to work being
performed for the operator or that other person—any action taken, or proposed
to be taken, in respect of that notice;
and the operator or that other person must comply with the
request.
Copies of report etc. to be given to health and safety
committee etc.
(5) As soon as practicable after receiving a
report, the operator of a facility must give a copy of the report, together
with any written comment made by the Safety Authority on the report:
(a) if there is a least one health and
safety committee in respect of some or all of the members of the workforce—to
each such committee; and
(b) if there is no such committee in
respect of some or all of the members of the workforce, but some or all of those
members (in respect of which there is no such committee) are in at least one
designated work group for which there is a health and safety representative—to
each such health and safety representative.
Division 5—Appeals
81
Appeals against decisions of OHS inspectors
Appeals to the reviewing authority
(1) If an OHS inspector, in conducting an
inspection or having conducted an inspection:
(a) decides, under clause 39, to
confirm or vary a provisional improvement notice; or
(b) decides, under clause 75, to
take possession of plant, a substance or a thing at a workplace; or
(c) decides, under clause 76, to
direct that a workplace, a part of a workplace, plant, a substance or a thing
not be disturbed; or
(d) decides, under clause 77, to
issue a prohibition notice; or
(e) decides, under clause 77,
that the operator of a facility to whom a prohibition notice has been issued
has not taken adequate action to remove the threat to health and safety that
caused the notice to be issued; or
(f) decides, under clause 78, to
issue an improvement notice;
an appeal against the decision may be made, by written
notice, to the reviewing authority by:
(g) the operator of the facility, or
any employer (other than the operator), who is affected by the decision; or
(h) a person to whom a notice has been
issued under subclause 38(2) or 78(1); or
(i) the health and safety
representative for a designated work group having a group member affected by
the decision; or
(j) a workforce representative in
relation to the designated work group that includes a group member who is
affected by the decision and who has requested the workforce representative to
make the appeal; or
(k) if there is no such designated
work group, and a member of the workforce affected by the decision has
requested a workforce representative in relation to the member to make the
appeal—that workforce representative; or
(l) a person who owns any workplace,
plant, substance or thing to which the decision referred to in paragraph (a),
(b), (c) or (f) relates.
(2) If an OHS inspector, having conducted an
inspection:
(a) decides under clause 39 to
cancel a provisional improvement notice; or
(b) decides under clause 77 that
the operator of a facility to whom a prohibition notice has been issued has
taken adequate action to remove the threat to health and safety that caused the
notice to be issued;
an appeal against the decision may be made, by written
notice, to the reviewing authority by:
(c) the health and safety
representative for a designated work group having a group member affected by
the decision; or
(d) a workforce representative in
relation to the designated work group that includes a group member who is
affected by the decision and who has requested the workforce representative to
make the appeal; or
(e) if there is no such designated
work group, and a member of the workforce affected by the decision has
requested a workforce representative in relation to the member to make the
appeal—that workforce representative.
Appeal does not affect the operation of a decision
(3) Subject to this clause, the making of an
appeal against a decision referred to in subclause (1) or (2) does not
affect the operation of the decision or prevent the taking of action to
implement the decision, except to the extent that the reviewing authority makes
an order to the contrary.
Suspension of improvement notices etc.
(4) If the decision appealed against is a
decision under clause 78, to issue an improvement notice, the operation of
the decision is suspended pending determination of the appeal, except to the
extent that the reviewing authority makes an order to the contrary.
(5) If the decision appealed against is a
decision of an OHS inspector, under clause 39, to confirm or vary a
provisional improvement notice whose operation has been suspended pending the
inspection of the matter to which the notice relates, the operation of the
notice is further suspended pending determination of the appeal, except to the
extent that the reviewing authority makes an order to the contrary.
Reviewing authority’s decision on appeal
(6) The reviewing authority may:
(a) affirm or revoke the decision
appealed against under subclause (1) or (2); and
(b) if it revokes the
decision—substitute such other decision as it thinks appropriate.
(7) If the decision is:
(a) varied; or
(b) revoked; or
(c) revoked with the substitution of
another decision;
the decision is taken to have effect, and always to have
had effect, accordingly.
Duty of OHS inspector to return plant, substance or
thing to the workplace
(8) If:
(a) the decision appealed against is a
decision under clause 75 to take possession of plant, a substance or a
thing at a workplace; and
(b) the decision is not affirmed;
the OHS inspector who made the decision must ensure that,
to the extent that the decision is not affirmed, the plant, substance or thing
is returned to the workplace as soon as practicable.
Part 5—General provisions
82
Notifying and reporting accidents and dangerous occurrences
Duty of operator to notify accidents and dangerous
occurrences
(1) If, at or near a facility, there is:
(a) an accident that causes the death
of, or serious injury to, any individual; or
(b) an accident that causes a member
of the workforce to be incapacitated from performing work for a period
prescribed for the purposes of this paragraph; or
(c) a dangerous occurrence;
the operator must, in accordance with the regulations,
give the Safety Authority notice of the accident or dangerous occurrence.
(2) Regulations made for the purposes of subclause (1)
(other than regulations made for the purposes of paragraph (1)(b)) may
prescribe:
(a) the time within which, and the
manner in which, notice of an accident or dangerous occurrence is to be given;
and
(b) the form of such a notice.
(3) Subclause (2) does not limit
regulations that may be made for the purposes of subclause (1).
(4) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1); and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: 250 penalty units.
(5) An offence against subclause (4) is
an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
Duty of operator to report accidents and dangerous
occurrences
(6) If, at or
near a facility, there is:
(a) an accident that causes the death
of, or serious injury to, any individual; or
(b) an accident that causes a member
of the workforce to be incapacitated from performing work for a period
prescribed for the purposes of this paragraph; or
(c) a dangerous occurrence;
the operator must, in accordance with the regulations,
give the Safety Authority a report about the accident or dangerous occurrence.
(7) Regulations made for the purposes of subclause (6)
(other than regulations made for the purposes of paragraph (6)(b)) may
prescribe:
(a) the time within which, and the
manner in which, a report of an accident or dangerous occurrence is to be
given; and
(b) the form of such a report.
(8) Subclause (7) does not limit
regulations that may be made for the purposes of subclause (6).
Offence
(9) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (6); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 100 penalty units.
(10) An offence against subclause (9) is
an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
83
Records of accidents and dangerous occurrences to be kept
Duty of operator
(1) The
operator of a facility must maintain, in accordance with the regulations, a
record of each accident or dangerous occurrence in respect of which the
operator is required by clause 82 to notify the Safety Authority.
Regulations
(2) Regulations made for the purposes of subclause (1)
may prescribe:
(a) the nature of the contents of a
record maintained under this clause; and
(b) the period for which such a record
must be retained.
(3) Subclause (2) does not limit
regulations that may be made for the purposes of subclause (1).
Offence
(4) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1); and
(b) the person omits to do an act; and
(c) the omission breaches the
requirement.
Penalty: 30 penalty units.
(5) An offence against subclause (4) is
an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
84
Codes of practice
(1) The regulations may prescribe codes of
practice for the purpose of providing practical guidance to operators of
facilities and employers (other than such operators) of members of the
workforce at facilities.
(2) A person is not liable to any civil or
criminal proceedings for contravening a code of practice.
85 Use
of codes of practice in criminal proceedings
Scope
(1) This clause applies if, in any
proceedings for an offence against a listed OHS law, it is alleged that a
person contravened a provision of a listed OHS law in relation to which a code
of practice was in effect at the time of the alleged contravention.
Admissibility
(2) The code of practice is admissible in
evidence in those proceedings.
Presumption
(3) If the court is satisfied, in relation to
any matter which it is necessary for the prosecution to prove in order to
establish the contravention, that:
(a) any provision of the code of
practice is relevant to that matter; and
(b) the person failed at any material
time to comply with that provision of the code of practice;
that matter is treated as proved unless the court is
satisfied that, in respect of that matter, the person complied with that
provision of a listed OHS law otherwise than by complying with the code of
practice.
86
Interference etc. with equipment etc.
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in the
interference with, or the rendering ineffective of, any equipment or device
provided for the health, safety or welfare of members of the workforce at a
facility; and
(c) the equipment or device was
protective equipment or a safety device; and
(d) the person knew (or ought
reasonably to have known) that the equipment or device was protective equipment
or a safety device.
Penalty: Imprisonment for 6 months.
(2) Subclause (1) does not apply if the
person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in
relation to the matter in subclause (2)—see subsection 13.3(3) of the Criminal
Code.
Note 2: See also Part 2.3 of the Criminal Code
(circumstances in which there is no criminal responsibility).
87
Members of workforce not to be levied
A person commits an offence if:
(a) the person is:
(i) the operator of a
facility; or
(ii) an employer (other
than the operator) of members of the workforce at a facility; and
(b) the person levies, or permits to
be levied, on any member of the workforce at the facility, any charge in
relation to anything done or provided in accordance with a listed OHS law in
order to ensure the health, safety or welfare of persons at or near the
facility.
Penalty: 250 penalty units.
88
Employer not to dismiss etc. employees on certain grounds
(1) An employer (whether the operator or
another person) must not:
(a) dismiss an employee; or
(b) perform an act that results in
injury to an employee in his or her employment; or
(c) perform an act that prejudicially
alters the employee’s position (whether by deducting or withholding
remuneration or by any other means); or
(d) threaten to do any of those
things;
because the employee:
(e) has complained or proposes to
complain about a matter concerning the health, safety or welfare of employees
at work; or
(f) has assisted or proposes to
assist, by giving information or otherwise, the conduct of an inspection; or
(g) has
ceased, or proposes to cease, to perform work, in accordance with a direction
by a health and safety representative under paragraph 44(1)(b) or (3)(c), and
the cessation or proposed cessation does not continue after:
(i) the health and safety
representative has agreed with a person supervising the work that the cessation
or proposed cessation was not, or is no longer, necessary; or
(ii) an
OHS inspector has, under subclause 44(5), made a decision that has the effect
that the employee should perform the work.
Offence
(2) A person commits an offence if:
(a) the person is subject to a
requirement under subclause (1); and
(b) the person engages in conduct; and
(c) the conduct breaches the
requirement.
Penalty: 250 penalty units.
(3) In proceedings for an offence against subclause (2),
if all the relevant facts and circumstances, other than the reason for an
action alleged in the charge, are proved, the defendant has the onus of
establishing that the action was not taken for that reason.
Note: A defendant bears a legal burden in relation
to the matter in subclause (3), see section 13.4 of the Criminal
Code.
89
Institution of prosecutions
Safety Authority or OHS inspector may institute
prosecutions
(1) Proceedings for an offence against a
listed OHS law may be instituted by the Safety Authority or by an OHS inspector.
Request to institute prosecutions
(2) A health
and safety representative for a designated work group may request the Safety
Authority to institute proceedings for an offence against a listed OHS law in
relation to the occurrence of an act or omission if:
(a) a period of 6 months has elapsed
since the act or omission occurred; and
(b) the health and safety
representative considers that the occurrence of the act or omission constitutes
an offence against a listed OHS law; and
(c) proceedings in respect of the
offence have not been instituted.
(3) A workforce representative in relation to
a designated work group may request the Safety Authority to institute
proceedings for an offence against a listed OHS law in relation to the
occurrence of an act or omission if:
(a) a period of 6 months has elapsed
since the act or omission occurred; and
(b) the workforce representative
considers that the occurrence of the act or omission constitutes an offence
against a listed OHS law; and
(c) proceedings in respect of the
offence have not been instituted; and
(d) a group member included in the
group requests the workforce representative to request the Safety Authority to
institute the proceedings.
(4) A request under subclause (2) or (3)
must be in writing.
(5) The Safety Authority must, within 3
months after receiving the request, advise the health and safety representative
or the workforce representative, as the case may be, whether proceedings under subclause (1)
have been or will be instituted and, if not, give reasons why not.
90
Conduct of directors, employees and agents
Scope
(1) This clause has effect for the purposes
of a proceeding for an offence against a listed OHS law.
State of mind of a body corporate
(2) If it is necessary to establish the state
of mind of a body corporate in relation to particular conduct, it is sufficient
to show:
(a) that the conduct was engaged in by
a director, employee or agent of the body corporate within the scope of actual
or apparent authority; and
(b) that the director, employee or
agent had the state of mind.
Conduct of a body corporate
(3) Any conduct engaged in on behalf of a
body corporate by a director, employee or agent of the body corporate within
the scope of actual or apparent authority is taken to have been engaged in also
by the body corporate unless it establishes that it took reasonable precautions
and exercised due diligence to avoid the conduct.
State of mind of an individual
(4) If it is necessary to establish the state
of mind of an individual in relation to particular conduct, it is sufficient to
show:
(a) that the conduct was engaged in by
an employee or agent of the individual within the scope of actual or apparent
authority; and
(b) that the employee or agent had the
state of mind.
Conduct of an individual
(5) Any conduct engaged in on behalf of an
individual by an employee or agent of the individual within the scope of actual
or apparent authority is taken to have been engaged in also by the individual
unless the individual establishes that he or she took reasonable precautions
and exercised due diligence to avoid the conduct.
Limitation on imprisonment
(6) If:
(a) an individual is convicted of an
offence; and
(b) he or she would not have been
convicted of the offence if subclauses (4) and (5) had not been enacted;
he or she is not liable to be punished by imprisonment for
that offence.
Extended meaning of state of mind
(7) A reference in subclause (2) or (4)
to the state of mind of a person includes a reference to:
(a) the person’s knowledge, intention,
opinion, belief or purpose; and
(b) the person’s reasons for the
intention, opinion, belief or purpose.
Disapplication of Part 2.5 of the Criminal Code
(8) Part 2.5 of the Criminal Code
does not apply to an offence against a listed OHS law.
91
Schedule not to give rise to other liabilities etc.
This Schedule does not:
(a) confer a right of action in any
civil proceeding in respect of any contravention of a provision of a listed OHS
law; or
(b) confer a defence to an action in
any civil proceeding or otherwise affect a right of action in any civil
proceeding.
92
Circumstances preventing compliance may be defence to prosecution
It is a defence to a prosecution for
refusing or failing to do anything required by a listed OHS law if the
defendant proves that it was not practicable to do that thing because of an
emergency prevailing at the relevant time.
Note: A defendant bears a legal burden in relation
to the matter in this clause—see section 13.4 of the Criminal Code.
93
Regulations—general
(1) The regulations may prescribe:
(a) procedures for the selection of
persons, under clause 41, as members of health and safety committees, to
represent the interests of members of the workforce at a facility; and
(b) procedures to be followed at
meetings of health and safety committees; and
(c) the manner in which notices are to
be served under this Schedule or the regulations; and
(d) forms for the purposes of this
Schedule or the regulations.
(2) Subclause (1) does not limit the
power to make regulations.
Exemptions
(3) If the
Minister is satisfied that:
(a) a power, function or duty is
conferred or imposed on a person under a law of the Commonwealth or of a State
or Territory; and
(b) the proper exercise of the power
or performance of the function or duty is or would be prevented by this
Schedule or a provision of this Schedule;
regulations made for the purposes of this subclause may
declare that this Schedule, or the provision, as the case may be, does not
apply to that person, or does not apply to that person in the circumstances
specified in the regulations.
(4) Regulations made for the purposes of subclause (3)
do not remain in force for longer than 5 years after they commence, but this
subclause does not prevent the making of further regulations of the same
substance.
(5) In subclause (3):
this Schedule includes regulations made for
the purposes of this Schedule.
Schedule 4—Petroleum production licences to which the Royalty Act
applies
Note: See section 167.
Part 1—Introduction
1
Definitions
In this Schedule:
lessee’s primary entitlement has the meaning
given by subclause 4(3).
permittee’s primary entitlement has the
meaning given by subclause 2(3).
primary petroleum production licence means a
petroleum production licence granted as a result of an application under any of
the following provisions:
(a) subclause 2(2) of this Schedule;
(b) subclause 2(4) of this Schedule;
(c) subclause 4(2) of this Schedule;
(d) subclause 4(4) of this Schedule;
(e) subsection 40(1) or (2) or 40B(2)
or (3) of the repealed Petroleum (Submerged Lands) Act 1967.
secondary petroleum production licence means
a petroleum production licence granted as a result of an application under any
of the following provisions:
(a) subclause 2(6) of this Schedule;
(b) subclause 4(6) of this Schedule;
(c) subsection 40(3) or 40B(4) of the
repealed Petroleum (Submerged Lands) Act 1967.
Part 2—Applying for a petroleum production licence
2
Application for petroleum production licence by holder of petroleum exploration
permit to which the Royalty Act applies
Scope
(1) This clause applies to a petroleum
exploration permit if the Royalty Act applies to the permit.
Note: The Royalty Act applies to a small number of
North West Shelf titles.
Application for primary petroleum production
licence—permittee’s primary entitlement
(2) If a petroleum exploration permit is in
force over a block that constitutes, or the blocks that constitute, a location,
the permittee may, within the application period, apply to the Designated
Authority for the grant by the Joint Authority of a petroleum production
licence over the block or blocks worked out using the table:
|
Permittee’s primary
entitlement
|
|
Item
|
In this case...
|
the permittee may apply
for a petroleum production licence over...
|
|
1
|
9 or more blocks constitute
the location concerned
|
5 of those blocks.
|
|
2
|
8 or 7 blocks constitute
the location concerned
|
4 of those blocks.
|
|
3
|
6 or 5 blocks constitute
the location concerned
|
3 of those blocks.
|
|
4
|
4 or 3 blocks constitute
the location concerned
|
2 of those blocks.
|
|
5
|
2 blocks constitute the
location concerned
|
one of those blocks.
|
|
6
|
one block constitutes the
location concerned
|
that block.
|
Note: For application period, see
clause 3.
(3) The number of blocks worked out using the
table is the permittee’s primary entitlement.
Application for primary petroleum production
licence—blocks less than the permittee’s primary entitlement
(4) If:
(a) a petroleum exploration permit is
in force over blocks that constitute a location; and
(b) the permittee has not made an
application under subclause (2) for a petroleum production licence over
the permittee’s primary entitlement;
the permittee may, within the application period, apply to
the Designated Authority for the grant by the Joint Authority of a petroleum
production licence over a number of those blocks that is less than the
permittee’s primary entitlement. The permittee is not entitled to make more
than one application under this subclause.
Note: For application period, see
clause 3.
Application for variation of petroleum production
licence
(5) If a petroleum exploration permittee is
granted a petroleum production licence as a result of an application under subclause (4),
the permittee may, within the application period, make an application, or a
series of applications, to the Designated Authority for the variation of the
licence so as to include in the licence area any or all of the blocks that:
(a) formed part of the permittee’s
primary entitlement; and
(b) were not the subject of the
application under subclause (4).
Note: For application period, see
clause 3.
Application for secondary petroleum production licence
(6) If:
(a) a petroleum exploration permittee
applies under subclause (2) for a petroleum production licence over the
permittee’s primary entitlement; or
(b) all of the following conditions
are satisfied:
(i) the permittee is the
holder of a petroleum production licence as a result of an application under subclause (4);
(ii) the licence is over
some of the blocks forming the permittee’s primary entitlement;
(iii) the permittee makes an
application, or a series of applications, under subclause (5) for the
variation of the licence;
(iv) the application, or
series of applications, under subclause (5) covers the remainder of the
blocks forming the permittee’s primary entitlement;
the permittee may, within the application period, apply to
the Designated Authority for the grant by the Joint Authority of a petroleum
production licence over any of the other blocks forming part of the location
concerned.
Proposals for work and expenditure
(7) An application under this clause must be
accompanied by details of the applicant’s proposals for work and expenditure in
relation to the area comprised in the block or blocks specified in the
application.
Note 1: Part 2.10 contains additional provisions
about application procedures.
Note 2: Section 258 enables the Designated
Authority to require the applicant to give further information.
Note 3: An application under this clause is dealt with
under Division 2 of Part 2.4.
3
Application period
(1) The application period for
an application under clause 2 is:
(a) the period of 2 years after the
day (the declaration day) on which the block that constitutes the
location concerned was, or the blocks that constitute the location concerned
were, declared to be a location; or
(b) such longer period, not more than
4 years after the declaration day, as the Designated Authority allows.
(2) The Designated Authority may allow a
longer period under paragraph (1)(b) only on written application made by
the permittee within the period of 2 years mentioned in paragraph (1)(a).
(3) Despite subclause (1), if:
(a) a petroleum exploration permittee
has applied for a petroleum retention lease under section 141 over a block
or blocks; and
(b) a
notice refusing to grant the petroleum retention lease has been given to the
permittee under section 143;
the application period for an application
made by the permittee under clause 2 for the grant of a petroleum
production licence over the block or blocks is whichever of the following
periods ends last:
(c) the period that is applicable
under subclause (1);
(d) the period of 12 months after the
day on which the notice was given.
Note: A failure to make an application within the
application period results in revocation of the petroleum exploration permit to
the extent to which it relates to the block concerned—see clause 8.
4
Application for petroleum production licence by holder of petroleum retention
lease to which the Royalty Act applies
Scope
(1) This clause applies to a petroleum
retention lease if the Royalty Act applies to the lease.
Note: The Royalty Act applies to a small number of
North West Shelf titles.
Application for primary petroleum production
licence—lessee’s primary entitlement
(2) If a petroleum retention lease is in
force over one or more blocks, the lessee may apply to the Designated Authority
for the grant by the Joint Authority of a petroleum production licence over the
blocks worked out using the table:
|
Lessee’s primary entitlement
|
|
Item
|
In this case...
|
the lessee may apply for a petroleum production
licence over...
|
|
1
|
The lease is over 9 or more blocks
|
5 of those blocks.
|
|
2
|
The lease is over 8 or 7 blocks
|
4 of those blocks.
|
|
3
|
The lease is over 6 or 5 blocks
|
3 of those blocks.
|
|
4
|
The lease is over 4 or 3 blocks
|
2 of those blocks.
|
|
5
|
The lease is over 2 blocks
|
one of those blocks.
|
|
6
|
The lease is over one block
|
that block.
|
(3) The number of blocks worked out using the
table is the lessee’s primary entitlement.
Application for primary petroleum production
licence—blocks less than the lessee’s primary entitlement
(4) If:
(a) a petroleum retention lease is in
force over one or more blocks; and
(b) the lessee has not made an
application under subclause (2) for a petroleum production licence over
the lessee’s primary entitlement;
the lessee may apply to the Designated Authority for the
grant by the Joint Authority of a petroleum production licence over a number of
those blocks that is less than the lessee’s primary entitlement. The lessee is
not entitled to make more than one application under this subclause.
Application for variation of petroleum production
licence
(5) If a petroleum retention lessee is
granted a petroleum production licence as a result of an application under subclause (4),
the lessee may make an application, or a series of applications, to the
Designated Authority for the variation of the licence so as to include in the
licence area any or all of the blocks that:
(a) formed part of the lessee’s
primary entitlement; and
(b) were not the subject of the
application under subclause (4).
Application for secondary petroleum production licence
(6) If:
(a) a petroleum retention lessee
applies under subclause (2) for a petroleum production licence over the
lessee’s primary entitlement; or
(b) all of the following conditions
are satisfied:
(i) the lessee is the
holder of a petroleum production licence as a result of an application under subclause (4);
(ii) the licence is over
some of the blocks forming the lessee’s primary entitlement;
(iii) the lessee makes an
application, or a series of applications, under subclause (5) for the
variation of the licence;
(iv) the application, or
series of applications, under subclause (5) covers the remainder of the
blocks forming the lessee’s primary entitlement;
the lessee may apply to the Designated Authority for the
grant by the Joint Authority of a petroleum production licence over any of the
other blocks forming part of the lease.
Proposals for work and expenditure
(7) An application under this clause must be
accompanied by details of the applicant’s proposals for work and expenditure in
relation to the area comprised in the block or blocks specified in the
application.
Note 1: Part 2.10 contains additional provisions
about application procedures.
Note 2: Section 258 enables the Designated
Authority to require the applicant to give further information.
Note 3: An application under this clause is dealt with
under Division 2 of Part 2.4.
Part 3—Obtaining a petroleum production licence
5
Secondary petroleum production licence—offer document must specify rate of
royalty
If an offer document under section 171
relates to an application for a secondary petroleum production licence, the
offer document must specify the rate of royalty determined by the Joint
Authority under subsection 6(2) of the Royalty Act.
6
Limit on grant of secondary petroleum production licence
A secondary petroleum production licence
may be granted to a petroleum exploration permittee or lessee over any one or
more of the blocks that constitute a location only if:
(a) a primary petroleum production
licence has been granted over a block or blocks forming part of that location;
and
(b) the aggregate of:
(i) the number of blocks
over which the primary petroleum production licence was granted; and
(ii) the number of blocks
included in that petroleum production licence because of variations of the
licence under clause 7;
is the permittee’s or lessee’s
primary entitlement.
Part 4—Variation of licence area
7
Variation of licence area of petroleum production licence
Variation
(1) If:
(a) a licensee applies under subclause
2(5) or 4(5) for a variation of the petroleum production licence; and
(b) the Joint Authority is satisfied
that the area comprised in the block, or any one or more of the blocks,
specified in the application contains petroleum;
the Designated Authority must, by written notice given to
the licensee, vary the licence to include in the licence area the block or
blocks which the Joint Authority is satisfied contains or contain petroleum.
When variation takes effect
(2) A variation of a petroleum production
licence under this clause takes effect on the day on which notice of the
variation is published in the Gazette.
Effect of variation
(3) On and after the day on which a variation
of a petroleum production licence under this clause has effect:
(a) the blocks included in the licence
area because of the variation are, for the remainder of the term of the licence,
blocks in relation to which the licence is in force; and
(b) if the application for variation
was made under subclause 2(5)—the petroleum exploration permit that is in force
over those blocks ceases to be in force over those blocks; and
(c) if the application for variation
was made under subclause 4(5)—the petroleum retention lease that is in force
over those blocks ceases to be in force over those blocks.
(4) Paragraph (3)(a) has effect subject
to Chapter 2.
Part 5—What happens if a block is not taken up
8
Revocation of petroleum exploration permit or petroleum retention lease to the
extent to which it relates to a block not taken up
Permittee does not apply for a petroleum production
licence
(1) If:
(a) a petroleum exploration permittee
could apply under clause 2 in relation to a block; and
(b) the permittee does not, within the
application period, make the application;
then:
(c) the petroleum exploration permit
is revoked to the extent to which it relates to that block; and
(d) the revocation has effect at the
end of the application period.
Note: For application period, see
clause 3.
Permittee’s application lapses
(2) If all applications made by a petroleum
exploration permittee under clause 2 in relation to a block have lapsed:
(a) the petroleum exploration permit
is revoked to the extent to which it relates to that block; and
(b) the revocation has effect:
(i) at the end of the
application period; or
(ii) on
the lapsing of the last of the applications;
whichever is the later.
Lessee’s application lapses
(3) If all applications made by a petroleum
retention lessee under clause 4 in relation to a block have lapsed:
(a) the petroleum retention lease is
revoked to the extent to which it relates to that block; and
(b) the revocation has effect on the
lapsing of the last of those applications.
Application for secondary petroleum production licence
(4) Despite subclauses (1), (2) and (3),
if a petroleum exploration permittee or lessee applies for a secondary
petroleum production licence:
(a) the petroleum exploration permit
or petroleum retention lease is revoked to the extent to which it relates to
any blocks forming part of the location concerned that are not the subject of:
(i) that application; or
(ii) any application for a
primary petroleum production licence; or
(iii) an application for the
variation of a primary petroleum production licence; and
(b) the revocation has effect on the
making of the application.
Schedule 5—Release of technical information given to the Designated
Authority before 7 March 2000
Note: See section 721.
1
Simplified outline
The following is a simplified outline of
this Schedule:
• This Schedule protects the
confidentiality of information contained in certain documents given to the
Designated Authority before 7 March 2000.
• The information may be
disclosed only if this Schedule authorises the disclosure.
• This Schedule authorises
disclosure in the following situations:
(a) disclosure
of certain basic information given in connection with applications;
(b) disclosure
of basic information after the authorised release day;
(c) disclosure
of information that is in the public domain;
(d) disclosure
of derivative information after 5 years.
2
Definitions
In this
Schedule:
applicable document
means:
(a) an
application made before 7 March 2000 to the Designated Authority under the
repealed Petroleum (Submerged Lands) Act 1967; and
(b) a document accompanying such an
application; and
(c) a report, return or other document
that:
(i) relates to a block;
and
(ii) was given before 7 March 2000 to the Designated Authority under the repealed Petroleum (Submerged
Lands) Act 1967.
authorised release day has the meaning given
by subclause 7(2).
3 Time
of receipt of certain information
Drilling of a well
(1) For the purposes of this Schedule:
(a) well data relating to the drilling
of a well; and
(b) logs relating to the drilling of a
well; and
(c) sample descriptions and other
documents relating to the drilling of a well;
are taken to have been given to the Designated Authority
not later than one month after the drilling of the well was, in the Designated
Authority’s opinion, substantially completed.
Geophysical or geochemical surveys
(2) For the purposes of this Schedule,
geophysical or geochemical data relating to geophysical or geochemical surveys
are taken to have been given to the Designated Authority not later than one
year after the geophysical or geochemical field work was, in the Designated
Authority’s opinion, substantially completed.
4 Protection
of the confidentiality of information
Except as
provided by this Schedule or for the purposes of the administration of this Act
and the regulations:
(a) the Designated Authority; or
(b) a Minister to whom any information
has been made available under subclause 5(1) or (2);
must not make publicly known, or make available to any
person (other than a Minister, a Minister of a State or a Minister of the Northern
Territory), any information contained in an applicable document.
5
Designated Authority may make information available to a Minister, a State
Minister or a Northern Territory Minister
(1) The Designated Authority may, at any
time, make available to a Minister, a Minister of a State or a Minister of the Northern
Territory any information contained in an applicable document that has been
given to the Designated Authority.
(2) The Designated Authority must, as and
when required by the responsible Commonwealth Minister, make available to the
responsible Commonwealth Minister any information referred to in subclause (1).
6
Disclosure of basic information given in connection with an application
The Designated Authority or the
responsible Commonwealth Minister may, at any time after the grant or renewal,
or refusal to grant or renew, a petroleum exploration permit, petroleum
retention lease, petroleum production licence, pipeline licence, petroleum
access authority or petroleum special prospecting authority:
(a) make publicly known; or
(b) on request by a person and, if the
Designated Authority or the responsible Commonwealth Minister so requires, on
payment of a fee calculated in accordance with the regulations, make available
to that person;
any information contained
in, or accompanying, the application for the grant or renewal, as the case may
be, but not including:
(c) information of a kind referred to
in subclause 7(1) or 9(1); or
(d) details of:
(i) the technical
qualifications of the applicant and of the applicant’s employees; or
(ii) the technical advice
available to the applicant; or
(iii) the financial
resources available to the applicant.
7
Disclosure of basic information after authorised release day
(1) The Designated Authority or the
responsible Commonwealth Minister may, at any time after the authorised release
day:
(a) make publicly known; or
(b) on
request by a person and, if the Designated Authority or the responsible
Commonwealth Minister so requires, on payment of a fee calculated in accordance
with the regulations, make available to that person;
any information that:
(c) is contained in an applicable
document that has been given to the Designated Authority or has been made
available to the responsible Commonwealth Minister under subclause 5(1) or (2);
and
(d) relates to the seabed or subsoil,
or to petroleum, in a block; and
(e) in the opinion of the Designated
Authority or the responsible Commonwealth Minister, is not a conclusion drawn,
in whole or in part, from, or an opinion based, in whole or in part, on,
information contained in an applicable document that has been given to the
Designated Authority or has been made available to the responsible Commonwealth
Minister under subclause 5(1) or (2).
Authorised release day
(2) The table
has effect:
|
Authorised release day
|
|
Item
|
If the following
conditions are satisfied...
|
the authorised
release day is...
|
|
1
|
(a) the applicable document
that contains the information was given to the Designated Authority when a
petroleum exploration permit, petroleum retention lease or petroleum
production licence was not in force in relation to the block concerned;
(b) the information was
collected for the purpose of the sale of the information on a non‑exclusive
basis
|
the day determined by the
Designated Authority (the day must not be more than 5 years after the day on
which the document was given to the Designated Authority).
|
|
2
|
(a) the applicable document that contains the information was
given to the Designated Authority when a petroleum exploration permit,
petroleum retention lease or petroleum production licence was not in force in
relation to the block concerned;
(b) item 1 does not apply
|
the day determined by the Designated Authority (the day
must not be more than 2 years after the day on which the document was given
to the Designated Authority).
|
|
3
|
(a) the applicable document that contains the information was
given to the Designated Authority when a petroleum exploration permit,
petroleum retention lease or petroleum production licence was in force in
relation to the block concerned;
(b) the permit, lease or licence is subsequently surrendered,
cancelled or revoked (or, in the case of a licence, subsequently terminated
after the commencement of this subclause) in relation to the block
|
the day of the surrender, cancellation, or revocation or
termination, as the case may be, whether or not another petroleum exploration
permit, petroleum retention lease or petroleum production licence is
afterwards in force in relation to the block.
|
|
4
|
(a) the applicable document that contains the information was
given to the Designated Authority when a petroleum exploration permit,
petroleum retention lease or petroleum production licence was in force in
relation to the block concerned;
(b) the permit, lease or licence subsequently expires but is
not renewed in relation to the block
|
the day of the expiry, whether or not another petroleum
exploration permit, petroleum retention lease or petroleum production licence
is afterwards in force in relation to the block.
|
|
5
|
(a) a petroleum production licence is in force over the block
concerned;
(b) the applicable document that contains the information was
given to the Designated Authority when the licence was in force over the
block
|
the last day of the period of one year that began on the
day on which the document was given to the Designated Authority.
|
|
6
|
(a) a petroleum production licence is in force over the block
concerned;
(b) a petroleum exploration permit or petroleum retention
lease ceased to be in force over the block, because of section 176 of
this Act or subsection 44(5) of the repealed Petroleum (Submerged Lands)
Act 1967, on the day on which the licence came into force;
(c) the applicable document that contains the information was
given to the Designated Authority when the permit or lease was in force over
the block
|
the last day of the period of one year that began on the
day on which the document was given to the Designated Authority.
|
|
7
|
(a) a petroleum exploration permit or petroleum retention
lease is in force over the block concerned;
(b) the applicable document that contains the information was
given to the Designated Authority when the permit or lease was in force over
the block
|
the last day of the period of 2 years that began on the
day on which the document was given to the Designated Authority.
|
|
8
|
(a) a petroleum retention lease is in force over the block
concerned;
(b) a petroleum exploration permit ceased to be in force over
the block, because of section 145 of this Act or subsection 38B(7) of
the repealed Petroleum (Submerged Lands) Act 1967, on the day on which
the lease came into force;
(c) the applicable document that contains the information was
given to the Designated Authority when the permit was in force over the block
|
the last day of the period of 2 years that began on the
day on which the document was given to the Designated Authority.
|
8 Disclosure
of information that is in the public domain
If:
(a) an
applicable document was given to the Designated Authority:
(i) during
or in relation to a period during which a petroleum exploration permit,
petroleum retention lease or petroleum production licence was in force in
relation to the block; or
(ii) during or in relation
to a period during which a petroleum special prospecting authority or petroleum
access authority was in force in relation to the block but during which a
petroleum exploration permit, petroleum retention lease or petroleum production
licence was not in force in relation to the block; and
(b) whichever of the following is
applicable:
(i) if the petroleum
exploration permit, petroleum retention lease, petroleum production licence,
petroleum special prospecting authority or petroleum access authority is in
force—the permittee, lessee, licensee or holder of the petroleum special
prospecting authority or petroleum access authority;
(ii) if the petroleum
exploration permit, petroleum retention lease, petroleum production licence,
petroleum special prospecting authority or petroleum access authority has
ceased to be in force—the person who was the holder of the petroleum
exploration permit, petroleum retention lease, petroleum production licence,
petroleum special prospecting authority or petroleum access authority;
has made publicly known any
information contained in the document or has consented in writing to any of
that information being made publicly known;
the Designated Authority or the responsible Commonwealth
Minister to whom that information has been made available under subclause 5(1)
or (2) may, at any time after that information has been made publicly known or
after that consent has been given:
(c) make that information publicly
known; or
(d) on request by any other person
and, if the Designated Authority or the responsible Commonwealth Minister so
requires, on payment of a fee calculated in accordance with the regulations,
make that information available to that other person.
9
Disclosure of derivative information after 5 years
(1) The Designated Authority or the
responsible Commonwealth Minister may, at any time after the end of the period
of 5 years after an applicable document was given to the Designated Authority:
(a) make publicly known; or
(b) on
request by a person and, if the Designated Authority or the responsible
Commonwealth Minister so requires, on payment of a fee calculated in accordance
with the regulations, make available to that person;
any information that:
(c) is contained in the document; and
(d) relates to the seabed or subsoil,
or to petroleum, in a block; and
(e) in the opinion of the Designated
Authority or the responsible Commonwealth Minister, is a conclusion drawn, in
whole or in part, from, or an opinion based, in whole or in part, on, any
information contained in an applicable document that has been given to the
Designated Authority or has been made available to the responsible Commonwealth
Minister under subclause 5(1) or (2).
This subclause has effect subject to subclause (12).
(2) This clause applies to information
contained in an applicable document that was given to the Designated Authority
before or after the commencement of section 31 of the Petroleum
(Submerged Lands) Amendment Act 1985.
Objection to the disclosure of information
(3) Before the Designated Authority or the
responsible Commonwealth Minister makes available or publicly known any
information under subclause (1), the Designated Authority or the
responsible Commonwealth Minister, as the case may be, must:
(a) cause to be published in the Gazette
a notice:
(i) stating that the
Designated Authority or the responsible Commonwealth Minister, as the case may
be, proposes to make the information available or publicly known; and
(ii) inviting interested
persons to give to the Designated Authority or the responsible Commonwealth
Minister, as the case may be, by such day as is specified in the notice (being
a day not earlier than 45 days after the publication of the notice), a notice
objecting to the whole or any part of the information being made available or
publicly known; and
(iii) stating that, if a
person does not make an objection in accordance with the invitation, the person
will be taken to have consented to the information being made available or
publicly known; and
(b) if it is practicable to do
so—cause a copy of the notice so published in the Gazette to be given to
the person who provided the document containing the information.
(4) The notice of objection must set out the
reasons for making the objection.
(5) A person is not entitled to make an
objection to information being made available or publicly known except on the
grounds that to do so would disclose:
(a) a trade secret; or
(b) any other information the
disclosure of which would, or could reasonably be expected to, adversely affect
the person in relation to the lawful business, commercial or financial affairs
of the person.
Decision on objection
(6) If a person makes an objection to the
Designated Authority or the responsible Commonwealth Minister in accordance
with such an invitation, the Designated Authority or the responsible
Commonwealth Minister must, within 45 days after the receipt of the notice of
objection, consider the objection, and may:
(a) allow it wholly; or
(b) allow it partly and disallow the
remainder of it; or
(c) disallow it wholly;
and must cause to be given to the person written notice of
the decision on the objection.
Review of decision on objection
(7) A notice of a decision of the Designated
Authority for a State or the Northern Territory on an objection must include a
statement to the effect that, if the relevant person is dissatisfied with the
decision of the Designated Authority on the objection, the person may, in
accordance with subclause (8), request the responsible Commonwealth
Minister to review the decision.
(8) A person who:
(a) has made an objection to the
Designated Authority for a State or the Northern Territory; and
(b) is dissatisfied with the decision
on the objection;
may, by written notice given to the responsible
Commonwealth Minister not later than 30 days after the day on which the notice
of the decision referred to in subclause (6) was given to the person,
request the responsible Commonwealth Minister to review the decision.
(9) The notice of request must set out the
reasons for making the request.
(10) The responsible Commonwealth Minister
must, within 45 days after the receipt of the request, review the decision, and
may make a decision:
(a) in substitution for the first‑mentioned
decision, whether in the same terms as the first‑mentioned decision or
not; or
(b) revoking the first‑mentioned
decision.
(11) If, as a result of a review under subclause (10),
the responsible Commonwealth Minister makes a decision under subclause (10)
in substitution for, or revoking, a decision, the responsible Commonwealth
Minister must, by written notice given to the person who made the request under
subclause (8) for the review:
(a) inform the person of the result of
the review; and
(b) give reasons for the subclause (10)
decision.
Information not to be disclosed if objection is in
force
(12) The
Designated Authority or the responsible Commonwealth Minister must not make
available or publicly known any information under subclause (1) if there
is in force an objection made in relation to the information being made
available or publicly known. However, if such an objection is in force, this
Schedule does not prevent a further invitation under subclause (3) being
made in relation to the information.
10
Transitional—section 118 of the repealed Petroleum (Submerged Lands)
Act 1967
(1) After the commencement of this clause,
section 118 of the repealed Petroleum (Submerged Lands) Act 1967
ceases to apply in relation to information contained in an applicable document.
(2) Subclause (1) has effect despite
item 142 of Schedule 1 to the Petroleum (Submerged Lands)
Legislation Amendment Act (No. 1) 2000.
(3) A reference in Schedule 6 to a provision
of the Petroleum (Submerged Lands) Act 1967 includes a reference
to section 118 of the repealed Petroleum (Submerged Lands) Act 1967
as that section continued to apply, before the commencement of this clause,
because of item 142 of Schedule 1 to the Petroleum (Submerged
Lands) Legislation Amendment Act (No. 1) 2000.
Schedule 6—Transitional provisions
Note: See section 791.
Part 1—Basic provisions
1
Definitions
In this Schedule:
corresponding provision: in determining
whether a provision is a corresponding provision:
(a) regard must be had to the
substance of the provision; and
(b) if the provision appears to have
expressed the same idea in a different form of words for the purpose of using a
clearer style—disregard the difference.
eligible instrument means regulations, a
declaration, a determination, a direction, an agreement, a delegation, an
approval, an appointment, a notice or any other instrument, but does not
include an old title.
old title means:
(a) an exploration permit under
Division 2 of Part III of the Petroleum (Submerged Lands) Act 1967;
or
(b) a retention lease under Division 2A
of Part III of the Petroleum (Submerged Lands) Act 1967; or
(c) a production licence under:
(i) Division 3 of
Part III of the Petroleum (Submerged Lands) Act 1967; or
(ii) section 148 of
the Petroleum (Submerged Lands) Act 1967; or
(d) an infrastructure licence under
Division 3A of Part III of the Petroleum (Submerged Lands) Act
1967; or
(e) a pipeline licence under Division 4
of Part III of the Petroleum (Submerged Lands) Act 1967; or
(f) a special prospecting authority
under section 111 of the Petroleum (Submerged Lands) Act 1967; or
(g) an
access authority under section 112 of the Petroleum (Submerged Lands)
Act 1967; or
(h) a scientific investigation consent
under section 123 of the Petroleum (Submerged Lands) Act 1967.
2 Re‑enactment
of the Petroleum (Submerged Lands) Act 1967
This Act re‑enacts the Petroleum
(Submerged Lands) Act 1967 with certain modifications.
Note: Section 15AC of the Acts
Interpretation Act 1901 provides that if an Act has expressed an idea in a
particular form of words, and a later Act appears to have expressed the same
idea in a different form of words for the purpose of using a clearer style, the
ideas shall not be taken to be different merely because different forms of
words were used.
3 Old
titles continue in force
(1) To avoid doubt, an old title does not
lapse merely because of the repeal of the Petroleum (Submerged Lands) Act
1967.
(2) An old title continues in force subject
to, and in accordance with, the provisions of this Act.
Note: This Act includes provisions about the
duration of titles.
4
Transitional—eligible instruments
(1) This clause applies to an eligible
instrument if:
(a) the eligible instrument was in
force immediately before the commencement of this clause; and
(b) the eligible instrument was made
or given under, or for the purposes of, a particular provision of the Petroleum
(Submerged Lands) Act 1967 (other than subsection 150N(1) of that Act).
(2) The eligible instrument has effect, after
the commencement of this clause, as if:
(a) it had been made or given under,
or for the purposes of, the corresponding provision of this Act; and
(b) any requirement imposed by this
Act or the Legislative Instruments Act 2003 in relation to the making or
giving of the eligible instrument (including a requirement about the form of
words) had been satisfied.
(3) If:
(a) under the eligible instrument, a
particular act or thing was required, permitted or proposed to be done within,
or at the end of, a particular period; and
(b) if the Petroleum (Submerged
Lands) Act 1967 had not been repealed, that period would have:
(i) begun before the
commencement of this clause; and
(ii) ended after the
commencement of this clause;
this Act and the eligible instrument have effect, after
the commencement of this clause, as if the act or thing was required, permitted
or proposed to be done within, or at the end of:
(c) if that period was one
month—whichever is the longer of:
(i) 30 days; or
(ii) one month; or
(d) if that period was 3
months—whichever is the longer of:
(i) 90 days; or
(ii) 3 months; or
(e) in any other case—that period;
instead of the period that would otherwise be applicable.
5
Transitional—acts or things done before commencement
(1) This clause applies to an act or thing
(other than the grant of an old title or the making or giving of an eligible
instrument) if:
(a) the act or thing was done before
the commencement of this clause; and
(b) the act or thing was done under,
or for the purposes of, a particular provision of the Petroleum (Submerged
Lands) Act 1967.
(2) The act or thing has effect, after the
commencement of this clause, as if it had been done under, or for the purposes
of, the corresponding provision of this Act.
6 Transitional—conditions
of old titles
In a condition of an old title, the
expression the Act includes this Act.
7
Translation of references in documents
(1) The responsible Commonwealth Minister
may, by writing, make any or all of the following declarations in relation to a
specified document:
(a) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to the Petroleum
(Submerged Lands) Act 1967 included a reference to this Act;
(b) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to a particular
provision of the Petroleum (Submerged Lands) Act 1967 included a
reference to the corresponding provision of this Act or the Royalty Act;
(c) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to regulations
under the Petroleum (Submerged Lands) Act 1967 included a reference to
regulations under this Act;
(d) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to a particular
provision of regulations under the Petroleum (Submerged Lands) Act 1967
included a reference to the corresponding provision of regulations under this
Act;
(e) that the document has effect, after
the commencement of this clause, as if a specified reference, or each reference
other than a specified reference, in the document to an adjacent area within
the meaning of the Petroleum (Submerged Lands) Act 1967 were a reference
to the corresponding offshore area of a State or Territory within the meaning
of this Act;
(ea) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to the Eastern
Greater Sunrise area within the meaning of the Petroleum (Submerged Lands)
Act 1967 were a reference to the Eastern Greater Sunrise offshore area
within the meaning of this Act;
(eb) that
the document has effect, after the commencement of this clause, as if a
specified reference, or each reference other than a specified reference, in the
document to the Principal Northern Territory PSL area within the meaning of the
Petroleum (Submerged Lands) Act 1967 were a reference to the Principal
Northern Territory offshore area within the meaning of this Act;
(f) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to the relinquished
area within the meaning of the Petroleum (Submerged Lands) Act 1967 were
a reference to the corresponding vacated area within the meaning of this Act;
(g) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to the Petroleum
(Submerged Lands) (Royalty) Act 1967 included a reference to the Royalty
Act;
(h) that the document has effect,
after the commencement of this clause, as if a specified reference, or each reference
other than a specified reference, in the document to a particular provision of
the Petroleum (Submerged Lands) (Royalty) Act 1967 included a reference
to the corresponding provision of the Royalty Act or Part 6.7 of this Act;
(i) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to the Petroleum
(Submerged Lands) (Registration Fees) Act 1967 included a reference to the
Registration Fees Act;
(j) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to a particular
provision of the Petroleum (Submerged Lands) (Registration Fees) Act 1967
included a reference to the corresponding provision of the Registration Fees
Act or Part 6.7 of this Act;
(k) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to regulations
under the Petroleum (Submerged Lands) (Registration Fees) Act 1967
included a reference to regulations under the Registration Fees Act;
(l) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to a particular
provision of regulations under the Petroleum (Submerged Lands) (Registration
Fees) Act 1967 included a reference to the corresponding provision of
regulations under the Registration Fees Act;
(m) that the document has effect, after
the commencement of this clause, as if a specified reference, or each reference
other than a specified reference, in the document to the Petroleum
(Submerged Lands) Fees Act 1994 included a reference to the Annual Fees
Act;
(n) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to a particular
provision of the Petroleum (Submerged Lands) Fees Act 1994 included a
reference to the corresponding provision of the Annual Fees Act or Part 6.7
of this Act;
(o) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to regulations
under the Petroleum (Submerged Lands) Fees Act 1994 included a reference
to regulations under the Annual Fees Act;
(p) that the document has effect,
after the commencement of this clause, as if a specified reference, or each
reference other than a specified reference, in the document to a particular
provision of regulations under the Petroleum (Submerged Lands) Fees Act 1994
included a reference to the corresponding provision of regulations under the
Annual Fees Act.
Note 1: For specification by class, see subsection
13(3) of the Legislative Instruments Act 2003.
Note 2: For specification of more than one document, or
more than one reference, see paragraph 23(b) of the Acts Interpretation Act
1901.
(2) A declaration under subclause (1)
has effect accordingly.
(3) A declaration under subclause (1) is
a legislative instrument for the purposes of the Legislative Instruments Act
2003.
Note: This means that the declaration could be
disallowed by either House of the Parliament.
(4) This clause does not authorise the
imposition of taxation within the meaning of section 55 of the
Constitution.
(5) In this clause:
document includes:
(a) an eligible instrument; and
(b) an old title.
8
Transitional regulations
(1) The Governor‑General may make
regulations in relation to transitional matters arising out of the repeal of
the Petroleum (Submerged Lands) Act 1967.
(2) The Governor‑General may make
regulations in relation to transitional matters arising out of the repeal of
the Petroleum (Submerged Lands) (Royalty) Act 1967.
(3) The Governor‑General may make
regulations in relation to transitional matters arising out of the repeal of
the Petroleum (Submerged Lands) (Registration Fees) Act 1967.
(4) The Governor‑General may make
regulations in relation to transitional matters arising out of the repeal of
the Petroleum (Submerged Lands) Fees Act 1994.
(5) This clause does not authorise the
imposition of taxation within the meaning of section 55 of the
Constitution.
Part 2—Specific provisions
9
Joint Authority
(1) A Joint Authority for an offshore area
under this Act (other than the Joint Authority for the Principal Northern
Territory offshore area or the Joint Authority for the Eastern Greater Sunrise
offshore area) is, for all purposes, a continuation of the Joint Authority for
the corresponding adjacent area under the Petroleum (Submerged Lands) Act
1967.
(1A) The Joint Authority for the Principal
Northern Territory offshore area under this Act is, for all purposes, a
continuation of the Joint Authority in respect of the Principal Northern
Territory PSL area under the Petroleum (Submerged Lands) Act 1967.
(1B) The Joint Authority for the Eastern Greater
Sunrise offshore area under this Act is, for all purposes, a continuation of
the Joint Authority in respect of the Eastern Greater Sunrise area under the Petroleum
(Submerged Lands) Act 1967.
(2) Despite the repeal of subsections 8D(4)
and (5) of the Petroleum (Submerged Lands) Act 1967, those subsections
continue to apply, in relation to a record or document signed before the
commencement of this clause, as if that repeal had not happened.
Note 1: Subsection 8D(4) of the Petroleum (Submerged
Lands) Act 1967 deals with the evidentiary effect of signed records of the
decisions of a Joint Authority.
Note 2: Subsection 8D(5) of the Petroleum (Submerged
Lands) Act 1967 deals with the legal effect of documents signed, on behalf
of the Joint Authority, by the Designated Authority.
10
Joint Authority for an external Territory
(1) This clause applies to an act or thing
that was done:
(a) by, or in relation to, the
Designated Authority for an adjacent area of an external Territory under the Petroleum
(Submerged Lands) Act 1967; and
(b) in, or in connection with, the
performance of the functions, or the exercise of the powers, referred to in
subsection 8G(1) of that Act.
(2) The act or thing has effect, after the
commencement of this clause, as if it had been done by, or in relation to, the
Joint Authority for the corresponding offshore area under this Act.
11
Designated Authority
(1) A Designated Authority for an offshore
area under this Act (other than the Designated Authority for the Principal
Northern Territory offshore area or the Designated Authority for the Eastern
Greater Sunrise offshore area) is, for all purposes, a continuation of the
Designated Authority for the corresponding adjacent area under the Petroleum
(Submerged Lands) Act 1967.
(2) The Designated Authority for the Principal
Northern Territory offshore area under this Act is, for all purposes, a
continuation of the Designated Authority in respect of the Principal Northern
Territory PSL area under the Petroleum (Submerged Lands) Act 1967.
(3) The Designated Authority for the Eastern
Greater Sunrise offshore area under this Act is, for all purposes, a
continuation of the Designated Authority in respect of the Eastern Greater
Sunrise area under the Petroleum (Submerged Lands) Act 1967.
12
Chief Executive Officer of the National Offshore Petroleum Safety Authority
The office of Chief Executive Officer of
the National Offshore Petroleum Safety Authority under this Act is, for all
purposes, a continuation of the office of Chief Executive Officer of the
National Offshore Petroleum Safety Authority under the Petroleum (Submerged
Lands) Act 1967.
13
Project inspectors—late commencement of greenhouse gas provisions
(1) This clause applies to an appointment of
a person as an inspector in respect of an adjacent area or a part of an
adjacent area if:
(a) the appointment was in force
immediately before the commencement of this clause; and
(b) the appointment was made under
section 125 of the Petroleum (Submerged Lands) Act 1967; and
(c) Schedule 1 to the Offshore
Petroleum Amendment (Greenhouse Gas Storage) Act 2008 does not commence
immediately after the commencement of item 32 of Schedule 1 to the Offshore
Petroleum Amendment (Miscellaneous Measures) Act 2008.
(2) The appointment has effect, after the
commencement of this clause, as if it had been an appointment of the person as
a project inspector under section 600 of this Act in respect of the
corresponding offshore area.
(3) For the purposes of subclause (2):
(a) the Principal Northern Territory
offshore area under this Act is taken to correspond to the Principal Northern
Territory PSL area under the Petroleum (Submerged Lands) Act 1967; and
(b) the Eastern Greater Sunrise
offshore area under this Act is taken to correspond to the Eastern Greater
Sunrise area under the Petroleum (Submerged Lands) Act 1967.
13A
Petroleum project inspectors—early commencement of greenhouse gas provisions
(1) This clause applies to an appointment of
a person as an inspector in respect of an adjacent area if:
(a) the appointment was in force immediately
before the commencement of section 600 of this Act; and
(b) the appointment was made under
section 125 of the Petroleum (Submerged Lands) Act 1967; and
(c) Schedule 1 to the Offshore
Petroleum Amendment (Greenhouse Gas Storage) Act 2008 commences immediately
after the commencement of item 32 of Schedule 1 to the Offshore
Petroleum Amendment (Miscellaneous Measures) Act 2008.
(2) The appointment has effect, after the
commencement of this clause, as if it had been an appointment of the person as
a petroleum project inspector under section 600 of this Act in respect of
the corresponding offshore area.
13B
Petroleum project inspectors—late commencement of greenhouse gas provisions
(1) This clause applies to an appointment of
a person as a project inspector in respect of an offshore area if:
(a) the appointment was in force
immediately before the commencement of this clause; and
(b) the appointment was made under
section 600 of this Act; and
(c) Schedule 1 to the Offshore
Petroleum Amendment (Greenhouse Gas Storage) Act 2008 does not commence
immediately after the commencement of item 32 of Schedule 1 to the Offshore
Petroleum Amendment (Miscellaneous Measures) Act 2008.
(2) The appointment has effect, after the
commencement of this clause, as if it had been an appointment of the person as
a petroleum project inspector under section 600 of this Act in respect of
the offshore area.
14
Offshore area
The offshore area of a State or
Territory under this Act corresponds to the area which, immediately before the
repeal of the Petroleum (Submerged Lands) Act 1967, was the adjacent
area in respect of that State or Territory determined in accordance with
section 5A of that Act.
Note: The offshore area of a State or
Territory is defined by section 8.
15
Registers
(1) A section 469 Register for an
offshore area under this Act (other than the Register for the Principal
Northern Territory offshore area or the Register for the Eastern Greater
Sunrise offshore area) is, for all purposes, a continuation of the Register for
the corresponding adjacent area under the Petroleum (Submerged Lands) Act
1967.
(1A) The section 469 Register for the
Principal Northern Territory offshore area under this Act is, for all purposes,
a continuation of the Register for the Principal Northern Territory PSL area
under the Petroleum (Submerged Lands) Act 1967.
(1B) The section 469 Register for the
Eastern Greater Sunrise offshore area under this Act is, for all purposes, a
continuation of the Register for the Eastern Greater Sunrise area under the Petroleum
(Submerged Lands) Act 1967.
(2) Subsection 516(1) of this Act has
effect as if the reference in that subsection to Chapter 4 of this Act
included a reference to Division 5 of Part III of the Petroleum
(Submerged Lands) Act 1967.
Note: Subsection 516(1) of this Act deals with the
reception in evidence of a Register.
(3) Despite the repeal of subsection 87(2) of
the Petroleum (Submerged Lands) Act 1967, that subsection continues to
apply, in relation to a copy or extract certified before the commencement of
this clause, as if that repeal had not happened.
Note: Subsection 87(2) of the Petroleum
(Submerged Lands) Act 1967 deals with the evidentiary effect of certified
copies and extracts.
(4) Despite the repeal of subsection 87(3) of
the Petroleum (Submerged Lands) Act 1967, that subsection continues to
apply, in relation to a certificate given before the commencement of this
clause, as if that repeal had not happened.
Note: Subsection 87(3) of the Petroleum
(Submerged Lands) Act 1967 is about evidentiary certificates.
16
Registration fees—transfer
(1) This clause applies if, before the
commencement of this clause:
(a) an application for approval of a
transfer of a title was made under section 78 of the Petroleum
(Submerged Lands) Act 1967; and
(b) a payment was made in relation to
the approval as mentioned in subsection 78(9) of that Act; and
(c) the Designated Authority had not
entered in the Register a memorandum of the transfer.
(2) Subsection 479(3) of this Act has effect,
in relation to the approval, as if that payment had been the payment mentioned
in that subsection.
17
Registration fees—dealings
(1) This
clause applies if, before the commencement of this clause:
(a) either:
(i) an
application for approval of a dealing was made under section 81 of the Petroleum
(Submerged Lands) Act 1967; or
(ii) a provisional
application for approval of a dealing was made under section 81A of the Petroleum
(Submerged Lands) Act 1967; and
(b) a payment was made in relation to
the approval as mentioned in subsection 81(12) of that Act; and
(c) the Designated Authority had not
made an entry in the Register of the approval.
(2) Subsection 494(3) of this Act has effect,
in relation to the approval, as if that payment had been the payment mentioned
in that subsection.
18
Retention and inspection of documents
(1) This clause applies if a provision of
Division 5 of Part III of the Petroleum (Submerged Lands) Act 1967
required that a particular document be:
(a) retained by the Designated
Authority; and
(b) made available for inspection in
accordance with that Division.
(2) The document must be:
(a) retained by the Designated
Authority; and
(b) made available for inspection in
accordance with Chapter 4 of this Act.
19
Assessment of registration fee
Section 517 of this Act has effect
as if:
(a) each reference in that section to
the Registration Fees Act included a reference to the Petroleum (Submerged
Lands) (Registration Fees) Act 1967; and
(b) the reference in paragraph (2)(b)
of that section to section 512 of this Act included a reference to
subsection 82(1) of the Petroleum (Submerged Lands) Act 1967.
20
Payments by the Commonwealth to the States and the Northern Territory
(1) Despite the repeal of subsections 129(1),
(2), (2A) and (3) of the Petroleum (Submerged Lands) Act 1967, those
subsections continue to apply, in relation to an amount received by the
Commonwealth before the commencement of this clause, as if that repeal had not
happened.
(2) Despite the repeal of subsections
129(1A), (2A) and (3) of the Petroleum (Submerged Lands) Act 1967, those
subsections continue to apply, in relation to an amount that became payable
under Part III of that Act before the commencement of this clause, as if
that repeal had not happened.
(3) If, apart from this subclause, the same
amount would be counted for the purposes of a provision of section 129 of
the Petroleum (Submerged Lands) Act 1967 and for the purposes of the
corresponding provision of this Act, the amount is to be counted only for the
purposes of one of those provisions.
(4) Section 76 of this Act has effect,
in relation to an amount received by the Commonwealth, as if:
(a) the reference in subparagraph (1)(a)(i)
of that section to this Act included a reference to the Petroleum (Submerged
Lands) Act 1967; and
(b) the reference in subparagraph (1)(a)(ii)
of that section to the Annual Fees Act included a reference to the Petroleum
(Submerged Lands) Fees Act 1994; and
(c) the reference in subparagraph (1)(a)(iii)
of that section to the Registration Fees Act included a reference to the Petroleum
(Submerged Lands) (Registration Fees) Act 1967.
21
Adjustment to period required or allowed for doing an act or thing etc.
30 days
(1) If:
(a) under a particular provision of
the Petroleum (Submerged Lands) Act 1967, a particular act or thing was
required or permitted to be done within a period of one month; and
(b) if that Act had not been repealed,
the period of one month would have:
(i) begun before the
commencement of this clause; and
(ii) ended after the
commencement of this clause; and
(c) under the corresponding provision
of this Act, the act or thing is required or permitted to be done within 30
days; and
(d) the period of one month is longer
than the period of 30 days;
this Act has effect as if the act or thing was required or
permitted to be done within the period of one month instead of within the
period of 30 days.
(2) If:
(a) under a particular provision of
the Petroleum (Submerged Lands) Act 1967, the Joint Authority or the
Designated Authority was required to give not less than one month’s notice of
something; and
(b) the Joint Authority or the
Designated Authority gave notice before the commencement of this clause; and
(c) if that Act had not been repealed,
the period of one month would have:
(i) begun before the
commencement of this clause; and
(ii) ended after the
commencement of this clause; and
(d) under the corresponding provision
of this Act, the Joint Authority or the Designated Authority is required to
give at least 30 days notice of that thing; and
(e) the period of one month is longer
than the period of 30 days;
this Act has effect as if the Joint Authority or the
Designated Authority had been required to give at least one month’s notice of
that thing instead of at least 30 days notice.
90 days
(3) If:
(a) under a particular provision of
the Petroleum (Submerged Lands) Act 1967, a particular act or thing was
required or permitted to be done within a period of 3 months; and
(b) if that Act had not been repealed,
the period of 3 months would have:
(i) begun before the
commencement of this clause; and
(ii) ended after the
commencement of this clause; and
(c) under the corresponding provision
of this Act, the act or thing is required or permitted to be done within 90
days; and
(d) the period of 3 months is longer
than the period of 90 days;
this Act has effect as if the act or thing was required or
permitted to be done within the period of 3 months instead of within the period
of 90 days.
180 days
(4) If:
(a) under a particular provision of
the Petroleum (Submerged Lands) Act 1967, a particular act or thing was
required or permitted to be done within a period of 6 months; and
(b) if that Act had not been repealed,
the period of 6 months would have:
(i) begun before the
commencement of this clause; and
(ii) ended after the
commencement of this clause; and
(c) under the corresponding provision
of this Act, the act or thing is required or permitted to be done within 180
days;
this Act has effect as if the act or thing was required or
permitted to be done within the period of 6 months instead of within the period
of 180 days.
22 Old
titles—continuation in force beyond date of expiry
(1) This clause applies if, immediately
before the commencement of this clause, an old title was being continued in
force beyond its date of expiry subject to, and in accordance with, a
particular provision of the Petroleum (Submerged Lands) Act 1967.
(2) The old title continues in force subject
to, and in accordance with, the corresponding provision of this Act.
Note: For example, see subsection 32(8) of the Petroleum
(Submerged Lands) Act 1967 and subsection 119(5) of this Act.
23
Renewal of petroleum exploration permits
(1) The reference in item 1 of the table
in subsection 122(2) of this Act to subsection 104(1) of this Act includes a
reference to subsection 20(1) of the Petroleum (Submerged Lands) Act 1967.
Note: Item 1 is about invitations to apply for
the grant of a petroleum exploration permit.
(2) Sections 125 and 126 of this Act
have effect, in relation to an application for the renewal of a petroleum
exploration permit that is an old title, as if:
(a) each reference in those sections
to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act
included a reference to Part III of the Petroleum (Submerged Lands) Act
1967; and
(b) each reference in those sections
to regulations under this Act included a reference to regulations under the Petroleum
(Submerged Lands) Act 1967.
24
Renewal of petroleum retention leases
Sections 154 and 155 of this Act
have effect, in relation to an application for the renewal of a petroleum
retention lease that is an old title, as if:
(a) each reference in those sections
(other than subsection 155(8)) to Chapter 2, Chapter 4, Chapter 6
or Part 7.1 of this Act included a reference to Part III of the Petroleum
(Submerged Lands) Act 1967; and
(b) each reference in those sections
to regulations under this Act included a reference to the regulations under the
Petroleum (Submerged Lands) Act 1967.
25
Grant of petroleum production licences over individual blocks
Section 183 of this Act has
effect as if a petroleum production licence granted as a result of an
application under section 51 of the Petroleum (Submerged Lands) Act
1967 had been granted under section 183 of this Act.
26
Renewal of fixed‑term petroleum production licences
Sections 185 and 186 of this Act
have effect, in relation to an application for the renewal of a fixed‑term
petroleum production licence that is an old title, as if:
(a) each reference in those sections
to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act
included a reference to Part III of the Petroleum (Submerged Lands) Act
1967; and
(b) each reference in those sections
to regulations under this Act included a reference to the regulations under the
Petroleum (Submerged Lands) Act 1967.
27
Grant of pipeline licences
Sections 221, 222, 223 and 224 of
this Act have effect, in relation to an application for the grant of a
pipeline licence in a case where the applicant is the licensee of a petroleum
production licence that is an old title, as if:
(a) each reference in those sections
to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act
included a reference to Part III of the Petroleum (Submerged Lands) Act
1967; and
(b) each reference in those sections
to regulations under this Act included a reference to the regulations under the
Petroleum (Submerged Lands) Act 1967.
28
Requirement to provide further information in connection with application for
title
Section 258 of this Act has effect
as if a requirement under any of the following provisions of the Petroleum
(Submerged Lands) Act 1967 were a requirement under subsection 258(2) of
this Act:
(a) subsection 21(4);
(b) subsection 22A(6);
(c) subsection 23(5);
(d) subsection 38A(3);
(e) subsection 38BB(3);
(f) subsection 38F(4);
(g) subsection 41(2);
(h) subsection 47(7);
(i) subsection 59B(3);
(j) subsection 59K(3);
(k) subsection 64(4);
(l) subsection 71(3).
29
Revocation of petroleum exploration permits, petroleum retention leases,
petroleum production licences and petroleum access authorities
(1) If a petroleum exploration permit or
petroleum retention lease was wholly determined under the Petroleum
(Submerged Lands) Act 1967, this Act has effect as if the permit or lease
had been wholly revoked.
(2) If a petroleum exploration permit or
petroleum retention lease was partly determined to a particular extent under
the Petroleum (Submerged Lands) Act 1967, this Act has effect as if the
permit or lease had been partly revoked to that extent.
(3) If a petroleum production licence was
determined under the Petroleum (Submerged Lands) Act 1967, this Act has
effect as if the licence had been revoked.
(4) If a petroleum retention lease was cancelled
under section 38E of the Petroleum (Submerged Lands) Act 1967, this
Act has effect as if the lease had been revoked.
(5) If a petroleum access authority was
cancelled under the Petroleum (Submerged Lands) Act 1967, this Act has
effect as if the authority had been revoked.
30
Surrender of title
Section 270 of this Act has effect,
in relation to the surrender of an old title, as if:
(a) the reference in subparagraph (3)(a)(i)
of that section to this Act included a reference to the Petroleum (Submerged
Lands) Act 1967; and
(b) the reference in subparagraph (3)(a)(ii)
of that section to the Royalty Act included a reference to the Petroleum
(Submerged Lands) (Royalty) Act 1967; and
(c) the reference in subparagraph (3)(a)(iii)
of that section to the Annual Fees Act included a reference to the Petroleum
(Submerged Lands) Fees Act 1994; and
(d) each reference in paragraphs (3)(b)
and (5)(a) of that section to Chapter 2, Chapter 4, Chapter 6 or
Part 7.1 of this Act included a reference to Part III of the Petroleum
(Submerged Lands) Act 1967; and
(e) each reference in paragraphs (3)(b)
and (5)(a) of that section to regulations under this Act included a reference
to regulations under the Petroleum (Submerged Lands) Act 1967.
31
Cancellation of old titles
Sections 274 and 277 of this Act
have effect, in relation to the cancellation of an old title, as if:
(a) each reference in those sections
to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act
included a reference to Part III of the Petroleum (Submerged Lands) Act
1967; and
(b) each reference in those sections
to regulations under this Act included a reference to regulations under the Petroleum
(Submerged Lands) Act 1967; and
(c) each reference in those sections
to this Act included a reference to the Petroleum (Submerged Lands) Act 1967;
and
(d) each reference in those sections
to the Royalty Act included a reference to the Petroleum (Submerged Lands)
(Royalty) Act 1967; and
(e) each reference in those sections
to the Annual Fees Act included a reference to the Petroleum (Submerged
Lands) Fees Act 1994.
32
Commencement of works or operations
(1) This clause applies if, immediately
before the commencement of this clause, an instrument under subsection 96(2) of
the Petroleum (Submerged Lands) Act 1967 was in force in relation to:
(a) a petroleum exploration permit; or
(b) a petroleum retention lease; or
(c) an infrastructure licence; or
(d) a pipeline licence.
(2) The
instrument ceases to be in force at the commencement of this clause.
(3) Subsection
568(2) of this Act has effect, in relation to the permit, lease or licence, as
if the period specified in the instrument under paragraph 96(2)(b) of the Petroleum
(Submerged Lands) Act 1967 had been allowed by the Designated Authority
under paragraph 568(2)(b) of this Act.
33
Deduction of debts from proceeds of sale of property
Subsection 589(2) of this Act has effect
as if:
(a) the reference in that subsection
to this Act included a reference to the Petroleum (Submerged Lands) Act 1967;
and
(b) the reference in that subsection
to the Royalty Act included a reference to the Petroleum (Submerged Lands)
(Royalty) Act 1967; and
(c) the reference in that subsection
to the Annual Fees Act included a reference to the Petroleum (Submerged
Lands) Fees Act 1994.
34
Authorised persons
(1) This clause applies if, immediately
before the commencement of this clause, an authorisation under subsection
140A(4) of the Petroleum (Submerged Lands) Act 1967 was in force in
relation to a person or a person included in a class of persons.
(2) This Act has effect as if the Designated
Authority had made a declaration under subsection 615(2) of this Act in
relation to that person, or a person included in that class of persons, as the
case requires.
35
Release of regulatory information
Section 709 of this Act has effect
as if the reference in that section to this Act included a reference to the Petroleum
(Submerged Lands) Act 1967.
36
Release of technical information—deemed time of receipt of certain information
and samples
Drilling of a well
(1) For the purposes of Part 7.3 of this
Act:
(a) cores and cuttings relating to the
drilling of a well; and
(b) well data relating to the drilling
of a well; and
(c) logs relating to the drilling of a
well; and
(d) sample descriptions and other
documents relating to the drilling of a well;
are taken to have been given to the Designated Authority
not later than 30 days after the drilling of the well was, in the Designated
Authority’s opinion, substantially completed.
(2) Subsection (1) does not apply in
relation to the drilling of a well unless the drilling of the well was, in the
Designated Authority’s opinion, substantially completed before 4 June 2004.
Geophysical or geochemical surveys
(3) For the purposes of Part 7.3 of this
Act, geophysical or geochemical data relating to geophysical or geochemical
surveys are taken to have been given to the Designated Authority not later than
one year after the geophysical or geochemical field work was, in the Designated
Authority’s opinion, substantially completed.
(4) Subsection (3) does not apply in
relation to a geophysical or geochemical survey unless the geophysical or
geochemical field work was, in the Designated Authority’s opinion,
substantially completed before 4 June 2004.
37
Liability for acts and omissions
Despite the repeal of section 140AA
of the Petroleum (Submerged Lands) Act 1967, that section continues to
apply, in relation to an act or matter done or omitted to be done before the
commencement of this clause, as if that repeal had not happened.
38
Reconsideration and review of decisions
Sections 746
and 747 of this Act have effect as if:
(a) each reference in those sections
to a reviewable delegated decision included a reference to a relevant decision
within the meaning of section 152 of the Petroleum (Submerged Lands)
Act 1967; and
(b) each reference in those sections
to a reviewable Ministerial decision included a reference to a reviewable
decision within the meaning of section 152 of the Petroleum (Submerged
Lands) Act 1967.
39
Meaning of petroleum in the Petroleum (Submerged Lands) Act 1967
Disregard the definition of petroleum
in section 7 of this Act in determining the meaning that the expression petroleum
has or had in the Petroleum (Submerged Lands) Act 1967.
40 OHS
inspections
Clause 49 of Schedule 3 has
effect, after the commencement of this clause, as if the following paragraphs
were inserted after each of paragraphs (1)(c) and (2)(c) of that clause:
(d) to ascertain whether the requirements
of, or any requirements properly made under:
(i) Schedule 7 to the
repealed Petroleum (Submerged Lands) Act 1967 (as in force before the
commencement of this paragraph); or
(ii) the regulations
(within the meaning of Schedule 7 to the repealed Petroleum (Submerged
Lands) Act 1967 as in force before 1 January 2005); or
(iii) regulations set out in
or prescribed for the purposes of subsection 140H(2) of the repealed Petroleum
(Submerged Lands) Act 1967 as in force during the period that began on 1 January
2005 and ended immediately before the commencement of this paragraph;
were being complied with before
the commencement of this paragraph; or
(e) concerning a contravention, or
possible contravention, before the commencement of this paragraph, of:
(i) Schedule 7 to the
repealed Petroleum (Submerged Lands) Act 1967 (as in force before the
commencement of this paragraph); or
(ii) the regulations
(within the meaning of Schedule 7 to the repealed Petroleum (Submerged
Lands) Act 1967 as in force before 1 January 2005); or
(iii) regulations set out in
or prescribed for the purposes of subsection 140H(2) of the repealed Petroleum
(Submerged Lands) Act 1967 as in force during the period that began on 1 January
2005 and ended immediately before the commencement of this paragraph; or
(f) concerning an accident or
dangerous occurrence that has happened, before the commencement of this
paragraph, in the performing of work (within the meaning of Schedule 7 to
the repealed Petroleum (Submerged Lands) Act 1967 as in force before the
commencement of this paragraph).
41 OHS
prosecutions
Clause 89 of Schedule 3 has
effect, after the commencement of this clause, as if each reference in that
clause to a listed OHS law included a reference to:
(a) Schedule 7 to the repealed Petroleum
(Submerged Lands) Act 1967 as in force before the commencement of this
clause; and
(b) the regulations within the meaning
of that Schedule as in force before 1 January 2005.
42
Disqualification of health and safety representatives
Subclause 32(2) of Schedule 3 to
this Act has effect as if:
(a) the reference in that subclause to
subclause 34(1) of that Schedule included a reference to the corresponding
provision of Schedule 7 to the repealed Petroleum (Submerged Lands) Act
1967; and
(b) the reference in that subclause to
Schedule 3 to this Act included a reference to Schedule 7 to the
repealed Petroleum (Submerged Lands) Act 1967.