Offshore Electricity Infrastructure Act 2021

The Regulator may, by written notice to a licence holder, give the licence holder a direction as to any of the following:

how the licence holder is to comply with any provision of this Act, the applied work health and safety provisions, the conditions of the licence or the management plan for the licence (if there is a management plan for the licence);

how offshore infrastructure activities are to be carried out under the licence;

any matter that, under this Act or the licensing scheme, a management plan may or must address.

Breach of a direction may attract a criminal or civil penalty (see section 123).

Without limiting subsection (1), the directions that may be given under that subsection include the following:

a direction to carry out offshore infrastructure activities under the licence in a particular way;

a direction to make arrangements for another person to carry out offshore infrastructure activities under the licence on behalf of the licence holder;

a direction as to how the licence holder is to comply with a requirement under this Act, the applied work health and safety provisions, the licence or the management plan (if any) for the licence;

a direction requiring the licence holder to ensure that a requirement under this Act, the applied work health and safety provisions, the licence or the management plan (if any) for the licence is not contravened;

a direction requiring the licence holder to comply with a requirement under this Act, the applied work health and safety provisions, the licence or the management plan (if any) for the licence in a specified manner or within a specified time;

a direction requiring the licence holder to cease carrying out activities under the licence until a requirement under this Act, the applied work health and safety provisions, the licence or the management plan (if any) for the licence is complied with.

A direction given under this section to a licence holder applies to the licence holder and may also be expressed to apply to:

a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:

employees or agents of, or persons acting on behalf of, the licence holder;

persons performing work or services, whether directly or indirectly, for the licence holder; or

any person (other than the licence holder or a person to whom the direction applies in accordance with paragraph (a)) who is:

in the Commonwealth offshore area for any reason touching, concerning, arising out of, or connected with, offshore infrastructure activities; or

in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the Commonwealth offshore area for a reason of that kind.

If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the Commonwealth offshore area as mentioned in paragraph (3)(b), as the case may be.

A direction under this section has effect, and must be complied with, despite:

any previous direction under this section; and

anything in the regulations or the applied State and Territory provisions.

For the applied State and Territory provisions, see subsection 248(2).

A direction under this section may prohibit the doing of an act or thing:

unconditionally; or

subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.

The Regulator must, by written notice to the licence holder that a direction under this section applies to, revoke the direction if the Regulator is satisfied that the direction is no longer required (whether because the direction has been complied with, or for any other reason).

Subsection (7) does not limit subsection 33(3) of the Acts Interpretation Act 1901.

If paragraph (3)(b) applies to a direction under this section, each of the following is a legislative instrument:

the direction;

a notice under subsection (7) revoking the direction.

If paragraph (3)(b) does not apply to a direction under this section, the following are not legislative instruments:

the direction;

a notice under subsection (7) revoking the direction.