Oil stock ticketing - registration (DOCX 154KB)  · Web viewAll crude and product stock may be...

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Registration Registration for Provision of Oil Stock Tickets for the Australian Government Commonwealth of Australia as represented by the Department of the Environment and Energy (Department) ABN 34 190 894 983 Registration and Request for Tender dates will be made available on the Department’s website at https://www.energy.gov.au/government-priorities/international- activity/oil-stock-ticketing prior to any processes commencing. Registration applications must be lodged electronically at [email protected] by the Registration Lodgement Date specified on the Department’s website. Version 2, Published September 2018

Transcript of Oil stock ticketing - registration (DOCX 154KB)  · Web viewAll crude and product stock may be...

Registration

Registration for Provision of Oil Stock Tickets for the Australian Government

Commonwealth of Australia as represented by the Department of the Environment and Energy (Department) ABN 34 190 894 983

Registration and Request for Tender dates will be made available on the Department’s website at https://www.energy.gov.au/government-priorities/international-activity/oil-stock-ticketing prior to any processes commencing.

Registration applications must be lodged electronically at [email protected] by the Registration Lodgement Date specified on the Department’s website.

Version 2, Published September 2018

Contents~*~General Information 31. Background to this Registration 32. Summary of the Registration process 33. Proposed RFT 44. Contract Details 55. Action required from the Applicants 66. Department's evaluation process 67. General 88. Seek own advice 109. Additional steps 1010. Public Statements 1111. The Department’s Rights 1112. Queries 11Appendix 1 – Offshore Stock Registration Response Form 12Appendix 2 – Onshore Stock Registration Response Form 16Appendix 3 – Contract VariationTable 21Appendix 4 – Offshore Oil Stock Ticket Contract 22Appendix 5 – Onshore Oil Stock Ticket Contract 23Appendix 6 – General Terms and Conditions 24

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General Information

1. Background to this Registration(a) Australia is signatory to the International Energy Agency’s (IEA) Agreement on an

International Energy Program (IEP Agreement), which requires its members (except net oil exporters) to hold oil stocks equivalent to 90 days of the previous year’s average daily net imports and contribute to a Collective Action if required.

(b) Historically, Australia has relied on commercial oil stock levels to meet the IEA’s stockholding requirement, but declining domestic production and increased demand for liquid fuels has resulted in a greater reliance on imported oil and petroleum products. Domestic stocks held in commercial supply chains are no longer sufficient to meet the treaty obligation.

(c) The Australian Government seeks to purchase oil stock tickets (oil tickets) as part of its return to compliance.

(d) The Department plans to issue a Request for Tender (RFT) for oil tickets to registered entities. Ahead of the RFT, the Department invites entities that are interested in holding oil tickets for the Australian Government to submit a Registration application for participation in the RFT. Successful registration is a requirement to participate in the RFT.

(e) The purchase of oil tickets over stock held outside Australia is subject to Government-to-Government arrangements between the Australian Government and each respective host government.

(f) The following countries have a Government-to-Government arrangement with the Australian Government. The Department welcomes Registration applications from entities with stock located in these countries:

(i) United Kingdom;

(ii) United States;

(iii) Germany;

(iv) The Netherlands*; and

(v) Denmark.

*A Treaty has been signed with the Netherlands and is progressing toward ratification. The Governments of Australia and the Netherlands have agreed to allow ticketing to occur under the signed treaty.

(g) The Department also welcomes Registration applications from entities offering to hold oil tickets over stock located in Australia.

2. Summary of the Registration process(a) The Department will evaluate Registration applications and notify applicants

whether their application is successful or unsuccessful. This will occur prior to any future RFT.

(b) Applicants are required to complete the applicable Registration Response Form. There are two versions of the Registration Response Form:

(i) Registration Response Form for Offshore Oil Stock is at Appendix 1.

(ii) Registration Response Form for Onshore Oil Stock is at Appendix 2.

(c) In doing so, applicants may request amendments to the relevant template Oil Stock Ticket Contract or General Terms and Conditions (see sections 4.1 and 4.2 below). These are:

(i) Offshore Oil Stock Ticket Contract (for stocks located outside Australia) is at Appendix 4.

(ii) Onshore Oil Stock Ticket Contract (for stocks located in Australia) is at Appendix 5.

(iii) General Terms and Conditions for Sale and Purchase of Oil Stock under a Purchase Option exercised pursuant to an Oil Stock Ticket Contract (General Terms and Conditions) at Appendix 6.

The Department’s strong preference is for no changes to the Department’s templates. Changes may be considered on a limited basis, in the Department’s absolute discretion (see paragraph 6.3(b) below).

(d) If an applicant’s Registration is successful, that applicant will be able to participate in any future RFT run by the Department, should all of the applicant’s details and contracting arrangements agreed in the Registration remain valid.

(e) The Department may, at any time, exclude an applicant from Registration and therefore, from participation in an RFT.

(f) Indicative process:

(i) Registration Lodgement Period: applicants must submit the Registration Response Form by the end of this period (being, the Registration Lodgement Date specified on the Department’s website).

(ii) Notification to applicants of Registration outcome.

(g) Important: This Registration process is not a substitute for the RFT. The Department does not wish to receive tender responses or any commercial terms at this Registration stage. The Department requests that applicants only provide the information referred to in Appendices 1 to 6. If any additional information is submitted by an applicant, it will not be considered by the Department.

3. Proposed RFT (a) Tender offers submitted in response to the RFT must be for a minimum of 10,000

metric tonnes of oil tickets.

(b) Contracts must be for the minimum period of a calendar quarter (January-March, April-June, July-September or October-December), or for two or more quarters. Annual contracts will be preferred. Applicants may wish to provide fully priced options (3, 6, 9 or 12 month duration) in their RFT.

(c) All crude and product stock may be offered including gasoline, jet fuel, gasoline/diesel, fuel oil, and any oil1.

4. Contract Details

4.1 Template Oil Stocks Ticket Contracts and General Terms and Conditions

(a) Following the RFT, the Department may enter contracts with successful tenderers (if any) to provide oil stock tickets, including an option to purchase or release the oil stock held under the ticket.

(b) In the interests of clarity and consistency, the Department intends to use its own template Oil Stock Ticket Contracts and General Terms and Conditions for all such contracts (see paragraph 2(c) above).

4.2 In principle agreement of terms of template Contracts and General Terms and Conditions

(a) While the Department believes that its template Oil Stock Ticket Contracts and General Terms and Conditions are balanced and broadly consistent with standard industry contracts and general terms and conditions, applicants should identify and explain any requested variations to the terms of the Department’s templates.

(i) All requests for variations should be listed in the Contract Variation Table (Appendix 3) and marked-up in the attached relevant template Oil Stock Ticket Contract (see Appendix 4 and 5, as applicable) and General Terms and Conditions (see Appendix 6) and submitted with the Registration Response Form.

(ii) The Department’s strong preference is for no changes to the Department’s templates. Changes may be considered on a limited basis, in the Department’s absolute discretion (see paragraph 6.3(b) below).

(b) Applicants must have reached in-principle agreement with the Department on the terms of the relevant template Oil Stock Ticket Contract and the General Terms and Conditions that the applicant will accept if successful at the RFT stage, by the Registration Lodgement Date.

(c) The Department will assume that, if no changes are indicated in the Registration Response Form and no marked up template Oil Stock Ticket Contract or General Terms and Conditions are provided, the applicant agrees to the terms of the Department’s templates (at Attachment 4 or 5, as applicable, and Attachment 6) without amendment.

5. Action required from the Applicants (a) Applicants must provide a completed Registration Response Form and requested

documents no later than the Registration Lodgement Date specified on the Department’s website.

(b) Applicants must provide a completed Registration Response Form and the requested documents in electronic format (Microsoft Word 2000 (or above) or

1 Stock types held must be able to be counted towards the IEA 90-day stock compliance.

PDF format) to [email protected] . Please note the maximum email size able to be received is 10MB.

(i) If Applicants have particular confidentiality requirements regarding documents they wish to submit as part of their Registration application and seek an alternative submission mechanism to that outlined in paragraph 5(b) above for those documents, applicants should submit a written request to the Department (via [email protected]) seeking an exception to the requirements in paragraph 5(b) in respect of those particular documents, together with reasons for the request, and the Department will determine whether to agree with each such request on a case by case basis. The use of any such alternative submission mechanism (if agreed to by the Department) does not affect the operation of paragraph 7.3(c) of this Registration document.

(ii) The Department may or may not agree to an applicant’s request to lodge parts of a Registration Application by an alternative method to that set out in paragraph 5(b).

(c) Any Registration Response Form submitted after the Registration Lodgement Date will be deemed to be late and will not be accepted for the upcoming tender unless it is late solely due to mishandling by the Department.

(d) The Department will not accept any Registration Response Form that is submitted by any means other than as set out in paragraph 5(b) above.

(e) The information set out in the Registration Response Form will be used to evaluate an applicant’s suitability for contracting with the Department. Successful registration through this Registration process will be a pre-condition to submitting a tender in response to any subsequent RFT issued by the Department.

(f) The online Australian Government platform, AusTender, will be used for the RFT process. Successful applicants will need to register with AusTender in order to access the RFT. Instructions for using AusTender will be provided to successful applicants.

6. Department's evaluation process

6.1 Step 1(a) – Registration minimum requirements

(a) Applications will be screened for lateness, completeness, unintentional errors of form and clarity.

(b) Applications will be assessed on whether they meet the minimum acceptability requirements. In summary, these include:

(i) For applicants proposing to hold stock outside Australia, a Government-to-Government arrangement must be in place between Australia and the Host Country where stocks will be held, by the Registration Lodgement Date;

(ii) The applicant (and its parent company (if any) and any proposed subcontractors) must not be named as not complying with the Workplace Gender Equality Act 2012 (Cth) (WGE Act) or, for entities offering to hold

oil stock outside Australia, applicants must confirm their current and ongoing compliance status with any Laws equivalent to the WGE Act;

(A) For the purpose of this Registration document, ‘proposed subcontractors’ means any subcontractors proposed by the applicant to be involved in the applicant’s reservation of stock under the relevant template Oil Stock Ticket Contract, and not subcontractors that the applicant may seek to engage solely in relation to a purchase of the stock by the Department.

(iii) The applicant (and its parent company (if any) and any proposed subcontractors) must not be insolvent, bankrupt, in liquidation, or under administration or receivership nor has a petition been submitted for the liquidation or debt consolidation of the applicant; nor is the applicant likely to have similar events occur or become insolvent, in any other manner in any jurisdiction;

(iv) The applicant must confirm the country of incorporation of the applicant (and its parent company (if any) and any proposed subcontractors) and provide the relevant certificate of registration/ incorporation or equivalent;

(v) The applicant (and its parent company (if any) and any proposed subcontractor) must not be listed as terrorists under section 15 of the Charter of the United Nations Act 1945 (Cth); and

(vi) For applicants proposing to hold stock in Australia, the applicant must confirm the stock holdings will be additional to normal stocks and provide supporting information.

(c) The full list of requirements (including required documentation) for Registration are set out in the Registration Response Forms (see Appendix 1 or Appendix 2, as applicable).

6.2 Step 1(b) – Registration assessment

(a) Subject to successfully completing Step 1(a), applicants will be assessed against the following criteria:

(i) The applicant must be reputable;

(ii) The applicant must be financially viable; and

(iii) The applicant must have appropriate physical oil storage facilities, oil inventory, and petroleum experience.

(b) Applicants must provide the documentation to support the above as set out in the Registration Response Forms (see Appendix 1 or Appendix 2, as applicable).

(c) In addition, the Department may, as part of the registration assessment, consider relevant evidence including existing information held by the Department, information already in the public domain, relevant information collected by other Government agencies and departments (for example, in-country posts) and third party assessments (where required).

(d) Should an applicant successfully complete the Registration process, their Registration will remain valid for three years if there is no material change to

information provided in the original assessment. Applicants must inform the Department of any material changes to the information provided in their applications (e.g. to corporate structures).

(e) The Department may also request updated information from applicants at any time. Any updated information will be assessed by the Department to determine whether it changes the applicant’s risk profile. If it does, the Department reserves the right to revoke their Registration.

(f) Registration Response Forms received by the Department will be assessed in the order they are received.

6.3 Step 2 – Agreement to contractual terms

(a) The applicant must reach in principle agreement with the Department on the terms of the relevant Oil Stock Ticket Contract and the General Terms and Conditions, by the Registration Lodgement Date.

(b) The Department’s strong preference is for no changes to the Department’s template Oil Stock Ticket Contracts and the General Terms and Conditions. Changes may be considered on a limited basis, in the Department’s absolute discretion.

7. General

7.1 No legal or obligations arise from Registration process

(a) For the avoidance of doubt, no legal or other obligations or duty will arise between an applicant and the Department in relation to this Registration process. Such obligations will only arise (if ever) on the execution of a binding contract between the Department and an applicant.

(b) The Department may at any time at its sole discretion vary any part of the timing or process referred to in this Registration process and amend the template Oil Stock Ticket Contracts or the General Terms and Conditions.

(c) This Registration process will not create any form of commitment on the part of the Department to proceed with any RFT at the volumes or for the duration indicated above, or at all.

7.2 Privacy and Personal Information

(a) The Department will deal with personal information contained in, or provided in connection with Registration applications in accordance with this Registration document and the Department’s Privacy Policy (www.environment.gov.au/privacy-policy). The Department’s Privacy Policy contains information about how to access or correct your personal information or make a complaint about a breach of the Australian Privacy Principles.

(b) Any personal information that is provided with or in connection with a Registration application will be used by the Department to carry out its functions relating to its procurement of oil stock tickets, including assessing the applicant’s eligibility to participate in the procurement, and to communicate with applicants about any future RFT, and for related governmental purposes.

(c) The information may be disclosed for the above purposes to the following third parties:

(i) the Australian Government Department of Foreign Affairs and Trade; and

(ii) legal, technical and other advisors and consultants engaged by the Department.

(d) An applicant’s submission of the Registration Response Form (Appendix 1 or 2, as applicable) will confirm the applicant’s consent to the collection, use and disclosure of this personal information for the purposes specified at paragraph 7.2(b) above.

(e) Personal Information obtained will be stored and held in accordance with the Department’s obligations under the Archives Act 1983 (Cth) and the Privacy Act 1988 (Cth). Personal information obtained will only be used and disclosed for the purposes outlined above and will not be used or disclosed without your consent, except where authorised or required by law. For further information, please refer to the Department’s Privacy Policy (www.environment.gov.au/privacy-policy).

7.3 Confidentiality and disclosure of information

(a) Subject to the following paragraphs of this section 7.3, the Department will treat as confidential all Registration applications submitted before and after the Registration Lodgement Date.

(b) However, if an applicant is successfully registered and awarded a contract following the RFT process, the contract, and to the extent that this includes parts of the Registration application, will not necessarily continue to be treated as confidential. Applicants should clearly identify in their Registration application the information that they consider should be protected as confidential information (including ‘commercial-in-confidence’ information) should they be registered and successfully awarded a contract. The Department will only consider a request for confidentiality where:

(i) the information to be protected is identified in specific rather than global terms;

(ii) the information is by its nature confidential; and

(iii) disclosure would cause detriment to the parties concerned.

(c) Applicants should be aware that the Department is subject to certain legislative and administrative accountability and transparency requirements of the Australian Government including disclosures to the Parliament and its Committees. Any information contained in or relating to this Registration process, including information identified by an applicant as confidential, may be disclosed by the Department:

(i) to its employees and advisers in order to evaluate or assess an application;

(ii) to the Parliamentary Secretary;

(iii) within the Department or other agencies where this serves the legitimate interest of the Australian Government;

(iv) in response to a request by a House or Committee of the Parliament of the Commonwealth of Australia;

(v) where information is authorised or permitted by law to be disclosed;

(vi) in response to a request made under the Freedom of Information Act 1982 (Cth); or

(vii) where the information is in the public domain other than by the Department’s disclosure of that information.

(d) When the Department is required to disclose confidential information of an applicant to persons other than its employees, personnel and the Minister, for example following a request from a parliamentary committee, the Department will provide the applicant reasonable notice in writing.

(e) The Department is subject to specific requirements, which support internal and external scrutiny of its tendering and contracting processes and may publish or otherwise disclose the names of those entities which have registered with the Department by means of participating in the Registration process.

(f) Subject to this clause 7.3 of the Registration, the Department and the applicant must keep any negotiations held during the Registration process and RFT process confidential.

(g) Applicants should refer to the clauses of the template Oil Stock Ticket Contracts (Appendix 4 or Appendix 5, as applicable) relating to confidentiality.

7.4 Governing law

(a) The law applying in the Australian Capital Territory applies to this Registration process and to the RFT process.

8. Seek own adviceThis Registration is not business, investment, legal or tax advice. Applicants should seek their own independent professional advice in respect of all matters in connection with this Registration.

9. Additional steps

9.1 Clarification, additional information and corrections

(a) The Department may request, at any time, clarification on any ambiguity in a Registration application. The Department may also require an applicant to submit additional information to allow further consideration of its Registration application, or to correct any unintentional error.

9.2 Independent inquiries

(a) The Department may make independent enquiries about any of the matters that may be relevant to the evaluation of any Registration application.

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10. Public Statements(a) Except with the prior written approval of the Department, applicants must not

make any statement, issue any document or material or provide any other information for publication in any media, concerning Registration evaluation, the acceptance of any Registration, commencement of negotiations or creation of a shortlist.

(b) The Department may exclude a Registration application from further consideration if the applicant does not comply with this requirement.

11. The Department’s RightsWithout limiting its rights at law or otherwise, the Department may:

(a) amend this Registration document;

(b) vary, suspend or discontinue the Registration process (including during negotiations), where the Department considers that it is in the public interest to do so.

(c) discontinue negotiations with any applicant at any time;

(d) require additional information or clarification from any applicant or anyone else;

(e) provide additional information or clarification;

(f) add to, alter, delete or exclude the Department’s technical requirements;

(g) allow or not allow a related body corporate to take over an applicant in substitution for the original applicant, and impose conditions where this is allowed;

(h) change the structure and timing of the Registration process;

(i) vary or extend any time or date in this Registration at any time and for such period as the Department in its absolute discretion considers appropriate. The Department will issue an addendum notifying any decision to extend; and

(j) enter into any contractual arrangements or arrangements which will best meet the Australian Government’s requirements.

12. Queries(a) Any queries regarding this Registration process should be sent to

[email protected] . Where the Department considers it appropriate, the Department may provide a response to a query to all applicants via email.

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Appendix 1 – Offshore Stock Registration Response Form

Applicants should complete and submit this Registration Response Form, and requested documents in pdf or Microsoft Word format to [email protected] no later than the Registration Lodgement Date specified on the Department’s website at www.energy.gov.au/government-priorities/international-activity/oil-stock-ticketing.

Applicants may be contacted by a financial firm on behalf of the Department to provide further information to allow the Department to assess their financial viability. Applicants must provide information requested by the firm, in order for their Registration application to be evaluated.

Applicant information (Stock to be held Offshore)

(Please respond for the specific applicant that is proposed to be the contracting party following any successful tender)

Registration Number:

Business Name:

Address and contact details of applicant:

Address:

Name:

Position:

Phone:

Email:

Country of incorporation of applicant (and its parent company (if any) and any proposed subcontractors):

Provide certificate of registration/ incorporation or equivalent.

Shareholding structure: Describe shareholding and, if part of a wider corporate group, describe the position of the applicant within that group up to the ultimate holding company.

Provide a list of current and former Directors and Secretaries for the last three years, including name and date of birth.

Nature of business activities: Provide information on the general nature of the applicant’s business and the extent of its petroleum experience.

Provide information on relevant physical oil inventory.

Financial information: Attach the three most recent annual audited financial statements.

Provide any information of a material or significant nature that is likely to be relevant to an assessment of financial viability.

Contact person for financial information (if different from contact person listed above):

Name:

Position:

Phone:

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Email:

Country in which the applicant proposes to hold stocks for the Australian Government:

Does the applicant have stock holding or stock reporting obligations under the laws of the Host Country in which it proposes to hold stocks for the Australian Government?

Yes/No {Delete as applicable}

If No, provide explanation:

Confirmations of stock ownership and compliance with laws

Confirm that the applicant will exclusively own the oil stock which it proposes to hold for the Australian Government.

Yes/No {Delete as applicable}

If No, provide brief explanation:

Confirm whether the applicant (and its parent company (if any) and any proposed subcontractors) have had any significant non-compliance with applicable Laws (being, any applicable law, statute, regulation, by-law, ordinance or subordinate legislation) in force from time to time in Australia or any other jurisdiction that may be relevant for the purposes of the procurement within the last 5 years.‘Significant non-compliance’ includes non-compliance which has or is likely to result in:

charges and/or convictions for criminal offences;

the revocation or suspension of licences, approvals or permits related to oil stocks;

the imposition of fines and/or compensation orders over AUD$50,000;

court judgements finding breaches of contract law; and

breaches of laws related to the environment and work health and safety.

Yes/No {Delete as applicable}

If Yes, the applicant must provide the following details for any Significant non-compliance:

a brief description of the non-compliance;

the date of the non-compliance; and

details of any penalty or sanction imposed for the non-compliance.

Confirm the applicant (and its parent company (if any) and any

Yes/No {Delete as applicable}

If No, provide brief explanation:

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proposed subcontractors) is, and will remain, in compliance with any applicable workplace gender equality laws equivalent to the Workplace Gender Equality Act 2012 (Cth).

Confirm the applicant (and its parent company (if any) and any proposed subcontractors) are not insolvent, bankrupt, in liquidation, or under administration or receivership, nor has a petition been submitted for the liquidation or debt consolidation of the applicant; nor is the applicant likely to have similar events occur or become insolvent, in any other manner in any jurisdiction.

Yes/No {Delete as applicable}

If No, provide brief explanation:

Confirm that the applicant (and its parent company (if any) and any proposed subcontractors) are not listed as terrorists under section 15 of the Charter of the United Nations Act 1945 (Cth).

Yes/No {Delete as applicable}

If No, provide brief explanation:

Contract details

Confirm that the template Offshore Oil Stock Ticket Contract is acceptable (as set out in Appendix 4).

Yes/No {Delete as applicable}

All requests for variations must be listed in the attached template Contract Variation Table. They must also be marked up in the Offshore Oil Stock Ticket Contract. Please note that the Department’s preference is for no variations and variations will be considered on a limited basis, in the Department’s absolute discretion.

Confirm that the template General Terms and Conditions are acceptable (as set out in Appendix 6).

Yes/No {Delete as applicable}

All requests for variations must be listed in the attached template Contract Variation Table. They must also be marked up in the General Terms and Conditions.Please note that the Department’s preference is for no variations and variations will be considered on a limited basis, in the Department’s absolute discretion.

Contact person for contract discussions (if different from contact person(s) listed above).

Name:

Position:

Phone:

Email:

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The applicant declares to the best of its knowledge and belief that all information contained in this Registration Response Form is true and correct.

Signed for and on behalf of the applicant by a duly authorised representative who warrants that they have authority to sign this Registration on behalf of the applicant.

________________________________Authorised Signatory

Name:__________________________

Position:_________________________

Date:___________________________

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Appendix 2 – Onshore Stock Registration Response Form

Applicants should complete and submit this Registration Response Form, and requested documents in pdf or Microsoft Word format to [email protected] no later than the Registration Lodgement Date specified on the Department’s website at www.energy.gov.au/government-priorities/international-activity/oil-stock-ticketing.

Applicants may be contacted by a financial firm on behalf of the Department to provide further information to allow the Department to assess their financial viability. Applicants must provide information requested by the firm, in order for their Registration application to be evaluated.

The Department may use data reported by Applicants under the Petroleum and Other Fuels Reporting Act 2017 and the Petroleum and Other Fuels Reporting Rules 2017 to assess applications for registration and monitor compliance with any contracts.

Applicant information (Stock to be held in Australia)(Please respond for the specific applicant that is proposed to be the contracting party following any successful tender)

Registration Number:

Business Name:

Address and contact details of applicant:

Address:

Name:

Position:

Phone:

Email:

Country of incorporation of applicant (and its parent company (if any) and any proposed subcontractors):

Provide certificate of registration/ incorporation or equivalent.

Shareholding structure: Describe shareholding and, if part of a wider corporate group, describe the position of the applicant within that group up to the ultimate holding company.

Provide a list of current and former Directors and Secretaries for the last three years, including name and date of birth.

Nature of business activities: Provide information on the general nature of the applicant’s business and the extent of its petroleum experience.

Provide information on relevant physical oil inventory.

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Financial information: Attach the three most recent annual audited financial statements

Provide any information of a material or significant nature that is likely to be relevant to an assessment of financial viability.

Contact person for financial information (if different from contact person listed above).

Name:

Position:

Phone:

Email:

Confirmations of stock ownership and compliance with laws

Confirm that the applicant will exclusively own the petroleum reserves which it proposes to hold for the Australian Government.

Yes/No {Delete as applicable}

If No, provide brief explanation:

Confirm whether the applicant (and its parent company (if any) and any proposed subcontractors) have had any significant non-compliance with applicable Laws (being, any applicable law, statute, regulation, by-law, ordinance or subordinate legislation) in force from time to time in Australia or any other jurisdiction that may be relevant for the purposes of the procurement within the last 5 years.‘Significant non-compliance’ includes non-compliance which has or is likely to result in:

charges and/or convictions for criminal offences;

the revocation or suspension of licences, approvals or permits related to oil stocks;

the imposition of fines and/or compensation orders over AUD$50,000;

court judgements finding breaches of contract law; and

breaches of laws related to the environment and work health and safety.

Yes/No {Delete as applicable}

If Yes, the applicant must provide the following details for any Significant non-compliance:

a brief description of the non-compliance;

the date of the non-compliance; and

details of any penalty or sanction imposed for the non-compliance

Confirm the applicant (and its parent company (if any) and any proposed subcontractors) are not named as not complying with the Workplace Gender Equality Act

Yes/No {Delete as applicable}

If No, provide brief explanation:

Applicants must provide either:

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2012 (Cth) (WGE Act). the ‘Compliance Letter’ issued by the Workplace Gender Equality Agency (WGEA) if the applicant is a ‘relevant employer’ for the purposes of the WGE Act and required to report to the WGEA; or

a letter from the WGEA confirming the applicant is not a

‘relevant employer’ under the WGEA Act and not required to report.

Confirm the applicant (and its parent company (if any) and any proposed subcontractors) are not insolvent, bankrupt, in liquidation, or under administration or receivership nor has a petition been submitted for the liquidation or debt consolidation of the applicant; nor is the applicant likely to have similar events occur or become insolvent, in any other manner in any jurisdiction.

Yes/No {Delete as applicable}

If No, provide brief explanation:

Confirm that the applicant (and its parent company (if any) and any proposed subcontractors) are not listed as terrorists under section 15 of the Charter of the United Nations Act 1945 (Cth).

Yes/No {Delete as applicable}

If No, provide brief explanation:

Contract details

Confirm that the template Oil Stock Ticket Contract is acceptable (as set out in Appendix 5).

Yes/No {Delete as applicable}

All requests for variations must be listed in the attached template Contract Variation Table. They must also be marked up in the Onshore Oil Stock Ticket Contract.

Please note that the Department’s preference is for no variations and variations will be considered on a limited basis, in the Department’s absolute discretion.

Confirm that the General Terms and Conditions are acceptable (as set out in Appendix 6).

Yes/No {Delete as applicable}

All requests for variations must be listed in the attached template Contract Variation Table. They must also be marked up in the General Terms and Conditions.

Please note that the Department’s preference is for no variations and variations will be considered on a limited basis, in the Department’s absolute discretion.

Contact person for contract discussions (if different from contact person(s) listed above).

Name:

Position:

Phone:

Email:

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Storage facilities

Location of facility: Provide name of facility and full address details

Owner and operator of facility (if different to applicant):Applicant’s rights to use facility for the term of any offer:

Provide ownership, leasing, license, usage agreement

If applicant is not the owner or operator of the facility, confirm, and provide evidence of, the agreement of these parties to allow auditing and facilitate compliance with terms of the Onshore Oil Stock Ticket Contract.

Proposed tanks Specific tank/s to be used: Provide ID numbers, GPS locations

Inventory report for tank/s over last 12 months (including for the month prior to this application), and if required, an explanation as to how the operation of the tank/s will change to provide capacity for the ticketed stock, and any planned usage (e.g. upcoming shipments).

Statement of the applicant’s domestic storage capacity (including leased and other capacity) for Type of Product they propose to offer in the states and territories where the applicant proposes to hold the stock.

Confirm tanks are fit for purpose and comply with all relevant laws:

If available, provide a recent maintenance and/or inspection report

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The applicant declares to the best of its knowledge and belief that all information contained in this Registration Response Form is true and correct.

Signed for and on behalf of the applicant by a duly authorised representative who warrants that they have authority to sign this Registration on behalf of the applicant.

________________________________Authorised Signatory

Name:__________________________

Position:_________________________

Date:___________________________

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Appendix 3 – Contract Variation Table

Clause number

Requested variation Reason for requested variation

Department’s Response

The following clauses relate to the Oil Stock Ticket Contract

The following clauses relate to the General Terms and Conditions

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Appendix 4 – Offshore Oil Stock Ticket Contract

https://www.energy.gov.au/publications/oil-stock-ticketing-offshore-contract

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Appendix 5 – Onshore Oil Stock Ticket Contract

https://www.energy.gov.au/publications/oil-stock-ticketing-onshore-contract

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Appendix 6 – General Terms and Conditions

https://www.energy.gov.au/publications/oil-stock-ticketing-general-terms-and-conditions

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