Customs Act 1901

PART II - ADMINISTRATION  

SECTION 5BA   INSTALLATION OF OVERSEAS OFFSHORE ELECTRICITY INSTALLATIONS  

5BA(1)    
A person commits an offence if:

(a)    the person causes an overseas offshore electricity installation to be installed; and

(b)    the installation is installed in the Commonwealth offshore area.

Penalty: 500 penalty units.

5BA(2)    
Subsection (1) does not apply if the person has permission in force under subsection (4) .

5BA(3)    
A person may apply to the Comptroller-General of Customs for permission to cause an overseas offshore electricity installation to be installed in the Commonwealth offshore area.

5BA(4)    
The Comptroller-General of Customs may, by notice in writing given to the applicant, grant the permission, subject to such conditions (if any) as are specified in the notice.

5BA(5)    
A person commits an offence if:

(a)    the person has permission in force under subsection (4); and

(b)    the permission is subject to one or more conditions (including a condition imposed or varied under subsection (6) ); and

(c)    the person fails to comply with any of those conditions.

Penalty: 100 penalty units.

5BA(6)    
If the Comptroller-General of Customs has granted a person permission under subsection (4) , the Comptroller-General of Customs may, at any time before the installation is installed, by notice in writing given to the person:

(a)    revoke the permission; or

(b)    revoke or vary a condition to which the permission is subject; or

(c)    impose new conditions to which the permission is to be subject.

5BA(7)    
Without limiting the generality of subsection (4) , conditions to which a permission given under that subsection in relation to an offshore electricity installation may be subject include:

(a)    conditions relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ); and

(b)    conditions requiring the owner of the installation, to bring the installation to a place specified by the Comptroller-General of Customs for examination for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ) before the installation is installed in the Commonwealth offshore area.