Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012

No. 74 of 2012

TABLE OF PROVISIONSSection Page

1 Purpose 12 Commencement 23 Principal Act 24 Simplified outline—Part 1.1 25 Definitions 36 Evidence of matters entered in the Register 57 Simplified outline—Division 1 of Part 6.5 58 Appointment of petroleum project inspectors 5

647 Appointment of petroleum project inspectors 5647A NOPSEMA must issue identity cards to petroleum

project inspectors 69 Identity cards of petroleum project inspectors 710 Simplified outline—Part 6.6 711 Definitions—Part 6.6 812 Authorised persons 813 Petroleum safety zones 814 Minister may authorise entry into area to be avoided 815 Statute law revision—Fees for petroleum retention leases 816 National Offshore Petroleum Safety Authority 917 Simplified outline—Part 6.9 918 Definitions—Part 6.9 1019 Functions and powers of the Safety Authority 1020 Safety Authority's functions 1021 Safety Authority's ordinary powers 1222 Judicial notice of seal 1223 Power to refer matters to NOGSAC 1224 Safety Authority Board 1225 Functions of the Board 1226 Chief Executive Officer and staff of the Safety Authority 1327 CEO acts for Safety Authority 13

711 CEO acts for NOPSEMA 1328 Working with the Board 1329 Secondments to the Safety Authority 1430 Other Safety Authority provisions 1431 Minister may require the Safety Authority to prepare reports

or give information 14

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32 Directions to the Safety Authority 1433 Safety Authority must comply with directions 1534 Liability for acts and omissions—Part 6.9 1535 New section 718A inserted 15

718A Liability for acts and omissions—Structural integrity law, petroleum safety zones and the area to be avoided 15

36 Liability for acts and omissions—Part 9.4 1637 New section 798A inserted 17

798A Transitional provisions—2012 amendments 1738 Simplified outline—Schedule 3 1739 Definitions—Schedule 3 1740 Updates to references to Safety Authority 1741 Disqualification of health and safety representatives 1742 Further updates to references to Safety Authority 1843 Exemptions 1844 Simplified outline—Part 4 of Schedule 3 1845 Powers, functions and duties of OHS inspectors 1846 Inspections 1847 Additional updates to references to Safety Authority 1948 Data access powers 1949 Retention of things seized 1950 Magistrate may permit a thing seized to be retained for a

further period 1951 Reports on inspections 1952 Notifying and reporting accidents and dangerous occurrences 2053 Records of accidents and dangerous occurrences to be kept 2054 Institution of prosecutions 2055 Criminal Procedure Act 2009 2156 Repeal of amending Act 21

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ENDNOTES 22

Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA)

Act 2012†

No. 74 of 2012

[Assented to 4 December 2012]

The Parliament of Victoria enacts:

1 Purpose

The purpose of this Act is to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2010 to—

(a) reflect that the name of the National Offshore Petroleum Safety Authority has changed to the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA); and

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(b) confer additional functions and powers on NOPSEMA under that Act.

2 Commencement

This Act comes into operation on 1 January 2013.

3 Principal Act

In this Act, the Offshore Petroleum and Greenhouse Gas Storage Act 2010 is called the Principal Act.

4 Simplified outline—Part 1.1

(1) In section 4(5) of the Principal Act, for "(other than the occupational health and safety provisions in Schedule 3)" substitute ", other than the provisions of this Act for which the National Offshore Petroleum Safety and Environmental Management Authority is responsible".

(2) For section 4(6) of the Principal Act, substitute—

"(6) The National Offshore Petroleum Safety and Environmental Management Authority is responsible for the administration of—

(a) the occupational health and safety provisions in Schedule 3; and

(b) the provisions relating to petroleum safety zones and the area to be avoided in Part 6.6; and

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See:Act No.10/2010and amendingAct Nos55/2010, 62/2010, 80/2010, 53/2011 and 43/2012.LawToday:www.legislation.vic.gov.au

(c) the regulations to the extent that they relate to occupational health and safety for offshore petroleum operations and offshore greenhouse gas storage operations within the meaning of Part 6.9; and

(d) the regulations to the extent that they relate to the structural integrity of—

(i) facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule;

(ii) wells or well-related equipment used for the purposes of offshore petroleum operations within the meaning of Part 6.9.".

5 Definitions

(1) In section 6(1) of the Principal Act, the definition of Safety Authority is repealed.

(2) In section 6(1) of the Principal Act, insert the following definitions—

"NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority continued in existence under section 645 of the Commonwealth Act;

structural integrity includes—

(a) structural soundness;

(b) structural strength;

(c) stability;

(d) fitness for purpose;

(e) mechanical integrity;

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(f) systems integrity, including the integrity of—

(i) electrical systems;

(ii) electronic systems;

(iii) hydraulic systems;

(iv) chemical systems;

(v) dynamic positioning systems;

(vi) other systems—

in connection with—

(g) the containment of petroleum, a greenhouse gas substance or any other substance; or

(h) the health and safety of persons engaged in—

(i) offshore petroleum operations within the meaning of Part 6.9;

(ii) offshore greenhouse gas storage operations within the meaning of Part 6.9;

structural integrity law means the provisions of this Act or the regulations to the extent that they relate to the structural integrity of—

(a) facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(b) wells or well-related equipment used for the purposes of offshore petroleum operations within the meaning of Part 6.9;".

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(3) In section 6(1) of the Principal Act, in the definition of petroleum project inspector, for "section 647" substitute "section 647(1) or (2)".

6 Evidence of matters entered in the Register

In section 551(2) of the Principal Act, for "a fee calculated under the regulations" substitute "the prescribed fee".

7 Simplified outline—Division 1 of Part 6.5

In section 646(2) of the Principal Act, after "The Minister" insert "or the Chief Executive Officer of NOPSEMA".

8 Appointment of petroleum project inspectors

For section 647 of the Principal Act, substitute—

"647 Appointment of petroleum project inspectors

(1) The Chief Executive Officer of NOPSEMA may, by writing, appoint a person specified in subsection (3) to be a petroleum project inspector to exercise powers or perform functions under this Act or the regulations in relation to the structural integrity of—

(a) facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(b) wells or well-related equipment used for the purposes of offshore petroleum operations within the meaning of Part 6.9.

(2) The Minister may, by writing, appoint a person specified in subsection (3) to be a petroleum project inspector to exercise powers or perform functions under this Act

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and the regulations, except in relation to the structural integrity of—

(a) facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(b) wells or well-related equipment used for the purposes of offshore petroleum operations within the meaning of Part 6.9.

(3) For the purposes of subsections (1) and (2), the following persons are specified—

(a) an officer or employee of the Commonwealth, the State, another State or a Territory; or

(b) an officer or employee of an authority of the Commonwealth, the State, another State or a Territory.

647A NOPSEMA must issue identity cards to petroleum project inspectors

(1) NOPSEMA must issue an identity card to a petroleum project inspector appointed under section 647(1).

(2) An identity card issued under subsection (1) must contain a recent photograph of the petroleum project inspector.

(3) A person appointed under section 647(1) who ceases to be a petroleum project inspector must immediately return the identity card to—

(a) NOPSEMA; or

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(b) if NOPSEMA, by written notice given to the person, specifies another person to whom the card is to be returned—that other person.

Penalty: 5 penalty units.

(4) Subsection (3) does not apply if the identity card was lost or destroyed.

(5) A petroleum project inspector appointed under section 647(1) must carry the identity card at all times when exercising powers, or performing functions, under this Act or the regulations as a petroleum project inspector.".

9 Identity cards of petroleum project inspectors

(1) In the heading to section 648 of the Principal Act, for "Identity cards of" substitute "Minister must issue identity cards to".

(2) In section 648(1) of the Principal Act, after "inspector" insert "appointed under section 647(2)".

(3) In section 648(3) of the Principal Act, after "A person" insert "appointed under section 647(2)".

(4) In section 648(5) of the Principal Act, after "inspector" insert "appointed under section 647(2)".

10 Simplified outline—Part 6.6

(1) In section 664(2) of the Principal Act, for "The Minister" substitute "NOPSEMA".

(2) For section 664(4) of the Principal Act, substitute—

"(4) The area to be avoided is the part of the area described in Schedule 2 within the coastal waters of Victoria or within any area on the

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landward side of those coastal waters, but does not include a safety zone.".

11 Definitions—Part 6.6

(1) In section 666 of the Principal Act, in the definition of area to be avoided, in paragraph (a), omit "not".

(2) In section 666 of the Principal Act, in the definition of exempt vessel, in paragraph (b), for "the Minister" substitute "NOPSEMA".

12 Authorised persons

In section 667(2) of the Principal Act, after "Minister" insert "or NOPSEMA".

13 Petroleum safety zones

In section 668(1) of the Principal Act, for "the Minister" (wherever occurring) substitute "NOPSEMA".

14 Minister may authorise entry into area to be avoided

(1) In the heading to section 672 of the Principal Act, for "Minister" substitute "NOPSEMA".

(2) In section 672(1) of the Principal Act, for "the Minister" substitute "NOPSEMA".

(3) In section 672(3) and (5) of the Principal Act, for "The Minister" substitute "NOPSEMA".

15 Statute law revision—Fees for petroleum retention leases

(1) In section 685(1) of the Principal Act—

(a) for "licensee" (wherever occurring) substitute "lessee";

(b) for "licence" substitute "lease".

(2) In section 685(2) and (3) of the Principal Act, for "licence" (wherever occurring) substitute "lease".

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16 National Offshore Petroleum Safety Authority

For the heading to Part 6.9 of the Principal Act, substitute—

"PART 6.9—NATIONAL OFFSHORE PETROLEUM SAFETY AND

ENVIRONMENTAL MANAGEMENT AUTHORITY".

17 Simplified outline—Part 6.9

(1) In section 702(2) of the Principal Act, for "National Offshore Petroleum Safety Authority" substitute "National Offshore Petroleum Safety and Environmental Management Authority".

(2) For section 702(3) of the Principal Act, substitute—

"(3) NOPSEMA has functions in relation to—

(a) the occupational health and safety of persons engaged in offshore petroleum operations or offshore greenhouse gas storage operations; and

(b) the structural integrity of facilities within the meaning of Schedule 3 (other than vessels or structures described in clause 7 of that Schedule) and wells and well-related equipment used for the purposes of offshore petroleum operations.".

(3) In section 702(4) of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(4) In section 702(5) of the Principal Act, for "National Offshore Petroleum Safety Authority" substitute "National Offshore Petroleum Safety and Environmental Management Authority".

(5) In section 702(6) of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

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18 Definitions—Part 6.9

In section 703 of the Principal Act—

(a) in the definition of Board, for "National Offshore Petroleum Safety Authority Board" substitute "National Offshore Petroleum Safety and Environmental Management Authority Board";

(b) in the definition of CEO, for "the Safety Authority" substitute "NOPSEMA".

19 Functions and powers of the Safety Authority

In the heading to Division 2 of Part 6.9 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

20 Safety Authority's functions

(1) In the heading to section 704 of the Principal Act, for "Safety Authority's" substitute "NOPSEMA's".

(2) In section 704 of the Principal Act, for "The Safety Authority" substitute "NOPSEMA".

(3) In section 704(a) of the Principal Act, after "this Act" insert "or the regulations".

(4) For section 704(c) of the Principal Act, substitute—

"(c) to develop and implement effective monitoring and enforcement strategies to secure compliance by persons with—

(i) their occupational health and safety obligations under this Act and the regulations;

(ii) their obligations under a structural integrity law;".

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(5) After section 704(d) of the Principal Act, insert—

"(da) to—

(i) investigate accidents, occurrences and circumstances that involve, or may involve, deficiencies in the structural integrity of—

(A) facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(B) wells or well-related equipment used for the purposes of offshore petroleum operations; and

(ii) report, as appropriate, to the Minister and the Commonwealth Minister on those investigations;".

(6) For section 704(e) of the Principal Act, substitute—

"(e) to advise persons, either on its own initiative or on request—

(i) on occupational health and safety matters relating to offshore petroleum operations or offshore greenhouse gas storage operations;

(ii) on matters relating to the structural integrity of the following—

(A) facilities, within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(B) wells or well-related equipment used for the purposes of offshore petroleum operations;".

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21 Safety Authority's ordinary powers

(1) In the heading to section 705 of the Principal Act, for "Safety Authority's" substitute "NOPSEMA's".

(2) In section 705(1) of the Principal Act, for "The Safety Authority" substitute "NOPSEMA".

(3) In section 705(2) of the Principal Act—

(a) for "The Safety Authority's" substitute "NOPSEMA's";

(b) in paragraphs (c) and (d), for "the Safety Authority" substitute "NOPSEMA".

22 Judicial notice of seal

In section 706 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

23 Power to refer matters to NOGSAC

In section 707(1) of the Principal Act, for "The Safety Authority" substitute "NOPSEMA".

24 Safety Authority Board

In the heading to Division 3 of Part 6.9 of the Principal Act, for "Safety Authority" substitute "NOPSEMA".

25 Functions of the Board

(1) In section 708(1)(a) of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(2) In section 708(1)(b)(iv) of the Principal Act, for "Ministerial Council on Mineral and Petroleum Resources" substitute "Standing Council on Energy and Resources".

(3) In section 708(1)(b) of the Principal Act, for "either or both" substitute "any or all".

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(4) After section 708(1)(b)(v) of the Principal Act, insert—

"(va) policy or strategic matters relating to the structural integrity of—

(A) facilities, within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(B) wells or well-related equipment used for the purposes of offshore petroleum operations;".

(5) In section 708(1)(b)(vi) of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(6) In section 708(2)(c) of the Principal Act, for "Ministerial Council on Mineral and Petroleum Resources" substitute "Standing Council on Energy and Resources".

26 Chief Executive Officer and staff of the Safety Authority

In the heading to Division 4 of Part 6.9 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

27 CEO acts for Safety Authority

For section 711 of the Principal Act, substitute—

"711 CEO acts for NOPSEMA

Anything done by the CEO in the name of NOPSEMA or on NOPSEMA's behalf is taken to have been done by NOPSEMA.".

28 Working with the Board

In section 712(1) and (3)(a) of the Principal Act, for "the Safety Authority's" substitute "NOPSEMA's".

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29 Secondments to the Safety Authority

(1) In the heading to section 714 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(2) In section 714 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

30 Other Safety Authority provisions

In the heading to Division 5 of Part 6.9 of the Principal Act, for "Safety Authority" substitute "NOPSEMA".

31 Minister may require the Safety Authority to prepare reports or give information

(1) In the heading to section 715 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(2) In section 715(1) and (2) of the Principal Act—

(a) for "the Safety Authority" (wherever occurring) substitute "NOPSEMA";

(b) for "the Safety Authority's" (wherever occurring) substitute "NOPSEMA's".

(3) In section 715(3) of the Principal Act, for "The Safety Authority" substitute "NOPSEMA".

32 Directions to the Safety Authority

(1) In the heading to section 716 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(2) In section 716(1) of the Principal Act—

(a) for "the Safety Authority" substitute "NOPSEMA";

(b) for "the Safety Authority's" substitute "NOPSEMA's".

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33 Safety Authority must comply with directions

(1) In the heading to section 717 of the Principal Act, for "Safety Authority" substitute "NOPSEMA".

(2) In section 717 of the Principal Act, for "The Safety Authority" substitute "NOPSEMA".

34 Liability for acts and omissions—Part 6.9

(1) In the heading to section 718 of the Principal Act, after "omissions" insert "—OHS".

(2) In section 718(1) of the Principal Act, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".

(3) After section 718(1) of the Principal Act, insert—

"(1A) This section does not apply to a person merely because the person is acting in accordance with a proposal or plan (however described) that has been accepted, agreed or otherwise approved by or on behalf of NOPSEMA.".

35 New section 718A inserted

After section 718 of the Principal Act, insert—

"718A Liability for acts and omissions—Structural integrity law, petroleum safety zones and the area to be avoided

(1) This section applies to the following persons—

(a) NOPSEMA;

(b) the CEO;

(c) a petroleum project inspector appointed under section 647(1);

(d) a person acting under the direction or authority of NOPSEMA or the CEO.

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(2) This section does not apply to a person merely because the person is acting in accordance with a proposal or plan (however described) that has been accepted, agreed or otherwise approved by or on behalf of NOPSEMA.

(3) A person to whom this section applies is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of any power or authority relating to a petroleum safety zone or the area to be avoided or a function under a structural integrity law;

(b) in the reasonable belief that the act or omission was in the exercise of a power or authority relating to a petroleum safety zone or the area to be avoided or a function under a structural integrity law.".

36 Liability for acts and omissions—Part 9.4

(1) In section 787(1) of the Principal Act—

(a) in paragraph (d), for "section 647" substitute "section 647(2)";

(b) in paragraph (g), for "Minister;" substitute "Minister.";

(c) paragraph (h) is repealed.

(2) In section 787(2) of the Principal Act, omit "or the Safety Authority".

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37 New section 798A inserted

After section 798 of the Principal Act, insert—

"798A Transitional provisions—2012 amendments

On and after 1 January 2013, a reference to the National Offshore Petroleum Safety Authority in an Act, regulation, order, agreement, instrument or other document must, unless the context indicates otherwise, be taken to be a reference to NOPSEMA, so far as it relates to any period on or after that day.".

38 Simplified outline—Schedule 3

In clause 2(8) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

39 Definitions—Schedule 3

In clause 3 of Schedule 3 to the Principal Act, in the definition of reviewing authority, for "Australian Industrial Relations Commission" substitute "Fair Work Australia within the meaning of the Fair Work Act 2009 of the Commonwealth".

40 Updates to references to Safety Authority

In clauses 11(1) and (2), 32(2) and (8) and 36(1) of Schedule 3 to the Principal Act, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".

41 Disqualification of health and safety representatives

(1) In clause 38(1) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

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(2) In clause 38(3) of Schedule 3 to the Principal Act—

(a) for "the Safety Authority" (wherever occurring) substitute "NOPSEMA";

(b) in paragraph (d), for "the Authority" substitute "NOPSEMA".

42 Further updates to references to Safety Authority

In clauses 40(1)(a)(iii), 41(2), 45(1) and 50(4) and (6) of Schedule 3 to the Principal Act, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".

43 Exemptions

In clause 52(1) and (2) of Schedule 3 to the Principal Act, for "The Safety Authority" substitute "NOPSEMA".

44 Simplified outline—Part 4 of Schedule 3

In clause 53(5) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

45 Powers, functions and duties of OHS inspectors

In clause 54(2) and (3) of Schedule 3 to the Principal Act, for "The Safety Authority" substitute "NOPSEMA".

46 Inspections

In clause 55(2) of Schedule 3 to the Principal Act—

(a) for "The Safety Authority" substitute "NOPSEMA";

(b) for "the Safety Authority" substitute "NOPSEMA".

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47 Additional updates to references to Safety Authority

In clauses 56(2)(d), 57(2)(b), 58(3)(c)(i), 62(5)(c)(i) and 63(5)(c)(i) of Schedule 3 to the Principal Act, for "the Safety Authority's" (wherever occurring) substitute "NOPSEMA's".

48 Data access powers

In clause 64(4) of Schedule 3 to the Principal Act, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".

49 Retention of things seized

(1) In clause 71(1) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(2) In clause 71(2) of Schedule 3 to the Principal Act—

(a) for "The Safety Authority" substitute "NOPSEMA";

(b) for "the Safety Authority" substitute "NOPSEMA".

50 Magistrate may permit a thing seized to be retained for a further period

In clause 72(1), (2) and (3) of Schedule 3 to the Principal Act, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".

51 Reports on inspections

(1) In clause 94(1) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(2) In clause 94(3) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

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(3) In clause 94(4) of Schedule 3 to the Principal Act—

(a) for "The Safety Authority" substitute "NOPSEMA";

(b) for "the Authority" substitute "NOPSEMA".

(4) In clause 94(5) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

52 Notifying and reporting accidents and dangerous occurrences

(1) In clause 96(1) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(2) In clause 96(4) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

53 Records of accidents and dangerous occurrences to be kept

In clause 97(1) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

54 Institution of prosecutions

(1) In clause 103(1), (2) and (3) of Schedule 3 to the Principal Act, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".

(2) In clause 103(5) of Schedule 3 to the Principal Act, for "The Safety Authority" substitute "NOPSEMA".

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55 Criminal Procedure Act 2009

For clause 14 of Schedule 3 to the Criminal Procedure Act 2009, substitute—

"14 A member of the staff of the National Offshore Petroleum Safety and Environmental Management Authority who is appointed as an OHS inspector under section 680 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth.".

56 Repeal of amending Act

This Act is repealed on 1 January 2014.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes

Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012

No. 74 of 2012

22

† Minister's second reading speech—

Legislative Assembly: 10 October 2012

Legislative Council: 15 November 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2010 in relation to the National Offshore Petroleum Safety and Environmental Management Authority and for other purposes."