Commonwealth payments to NOPSEMA
682 Commonwealth payments to NOPSEMA
The Commonwealth must pay to NOPSEMA amounts equal to:
such money as is appropriated by the Parliament for the purposes of NOPSEMA; and
amounts debited from the National Offshore Petroleum Titles Administrator Special Account under subsection 602B(2) (about NOPSEMA inspectors); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of safety investigation levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 686(2); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of safety case levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 687(4); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of well investigation levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 688(2); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of annual well levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 688A(2); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of well activity levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 688B(2); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of environment plan levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 688C(2); and
any other amounts paid to NOPSEMA, on behalf of the Commonwealth, by a State or the Northern Territory; and
any other amounts paid to NOPSEMA on behalf of the Commonwealth.
The Finance Minister may give directions about the amounts in which, and the times at which, money payable under paragraph (1)(a) is to be paid to NOPSEMA.
If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
If an amount referred to in any of paragraphs (1)(b) to (j) is refunded by the Commonwealth, NOPSEMA must pay to the Commonwealth an amount equal to the refund.
The responsible Commonwealth Minister may, on behalf of the Commonwealth, set off an amount payable by NOPSEMA under subsection (4) against an amount that is payable to NOPSEMA under subsection (1).
Amounts payable under paragraphs (1)(b) to (j) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
In this section:
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Division 3—Second compliance measures Act has commenced
Offshore Petroleum and Greenhouse Gas Storage Act 2006
30 Subsection 611L(6)
Repeal the subsection, substitute:
If NOPSEMA takes one or more actions under subsection (4) or an order under subsection (5), NOPSEMA is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to NOPSEMA.
If the Titles Administrator takes one or more actions under subsection (4) or an order under subsection (5), the Titles Administrator is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to the Titles Administrator on behalf of the Commonwealth.
Part 5—Wheat Export Marketing Act 2008
Wheat Export Marketing Act 2008
31 Subsection 58(2)
Omit “Special Account for the purposes of the Financial Management and Accountability Act 1997”, substitute “special account for the purposes of the Public Governance, Performance and Accountability Act 2013”.
32 Section 59 (note)
Omit “Special Account” (wherever occurring), substitute “special account”.
33 Section 60 (note)
Repeal the note, substitute:
See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).
Schedule 14—Other transitional and application provisions
1 Corporate and strategic plans
An amendment made by an item of Schedules 7 to 13 to this Act that relates to a corporate plan or a strategic plan (however described) applies in relation to reporting periods that commence on or after 1 July 2015.
2 Annual reports
An amendment made by an item of Schedules 7 to 13 to this Act that relates to an annual report applies in relation to reporting periods that commence on or after 1 July 2014.
3 Disclosing interests
This item applies (subject to subitem (3)) if:
before this item commences, a person discloses an interest in accordance with a provision in an Act; and
the provision is:
amended; or
repealed; or
repealed and substituted;
by an item of Schedules 7 to 13 to this Act.
The person is taken to have disclosed the interest in accordance with section 29 of the PGPA Act and rules made for the purposes of that section.
This item does not apply in relation to amendments or repeals of provisions of the following Acts:
the Administrative Appeals Tribunal Act 1975;
the Fair Work Act 2009;
the Family Law Act 1975;
the Federal Circuit Court of Australia Act 1999;
the Federal Court of Australia Act 1976;
the Native Title Act 1993.
4 Saving instruments in force at commencement time
This item applies if:
a provision of an Act provides that an instrument (whether or not a legislative instrument) may be made under, or for the purposes of, the provision; and
an instrument made under, or for the purposes of, the provision is in force immediately before the commencement time; and
the provision is:
amended; or
repealed and substituted;
by an item of Schedules 7 to 13 to this Act; and
after the provision has been amended or repealed and substituted, the provision still provides in the same or similar terms that an instrument may be made under, or for the purposes of, the provision.
If the provision is amended, the amendment referred to in subparagraph (1)(c)(i) does not affect the continuity of the instrument.
If the provision is repealed and substituted, the instrument is taken, after the commencement time, to have been made under, or for the purposes of, the provision as substituted.
5 Amendments to legislative instruments
Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a legislative instrument (the amending instrument) if:
the amending instrument is made under an Act (the enabling Act); and
the amending instrument amends another legislative instrument made under the enabling Act; and
the amendment is consequential on:
the amendments or repeals made by this Act; or
the enactment of this Act or the PGPA Act.
6 Transitional rules
The Finance Minister may, by legislative instrument, make rules prescribing matters:
required or permitted by this Act to be prescribed by the rules; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In particular, for paragraph (1)(a), rules may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:
the amendments or repeals made by this Act; or
the enactment of this Act or the PGPA Act.
Rules made for the purposes of this item may provide that, in or in relation to the first reporting period that commences on or after 1 July 2014, this Act, the PGPA Act or any other Act has effect with any modifications prescribed by the rules.
This Act does not limit the rules that may be made under this item.
This Act’s bill:Explanatory memorandumSecond reading speech
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