Offshore Electricity Infrastructure Act 2021

The following provisions are enforceable under Part 6 of the Regulatory Powers Act:

subsections 77(2) and (3);

subsections 78(2) and (3);

subsections 95(2) and (3);

section 110;

subsections 116(4) and (5);

subsections 118(2) and (3);

subsections 123(2), (3) and (4);

subsections 128(2), (3) and (4);

subsection 135(1);

subsections 141(4), (5), (6) and (7);

section 148;

subsection 150(1);

subsections 168(2) and (3);

subsections 201(6) and (7);

subsections 203(2) and (3);

subsection 205(7);

subsection 207(6);

subsections 210(2) and (3);

subsection 211(3);

subsections 267(2) and (3);

subsections 270(2) and (3);

section 276;

section 277;

section 278;

the following provisions of the Work Health and Safety Act as applied by Part 1 of Chapter 6 of this Act:

subsection 31(1);

section 32;

section 33;

subsections 38(1) and (7);

subsection 39(1);

section 273.

Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

For the purposes of Part 6 of the Regulatory Powers Act, each person mentioned in column 1 of an item of the following table is an authorised person in relation to a provision mentioned in column 2 of the item.

For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2);

the Supreme Court of a State or Territory.

An authorised person (within the meaning of Part 6 of the Regulatory Powers Act) must not accept an undertaking that was given by a person (the first person) under section 114 of that Act in response to an alleged contravention of a listed WHS law if:

the alleged contravention contributed, or may have contributed, to the death of another person; or

the alleged contravention involved recklessness (within the meaning of the Criminal Code); or

during the previous 5 years, the first person has been convicted of a WHS offence that contributed to the death of another person; or

both:

during the previous 10 years, the first person has been convicted of 2 or more WHS offences; and

at least 2 of those convictions arose from separate investigations.

Subsection (4) does not apply if there are exceptional circumstances.

For the purposes of subsection (4), WHS offence means an offence against a listed WHS law.

For the listed WHS laws, see section 221.

Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to the Commonwealth offshore area.

Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory to which this Act extends.

For the external Territories to which this Act extends, see section 5.