Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (117 of 2008)

Schedule 1   Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

191   After Chapter 3

Insert:

Chapter 3A - Registration of transfers of, and dealings in, greenhouse gas titles

Part 3A.1 - Introduction

298-250 Simplified outline

The following is a simplified outline of this Chapter:

* The responsible Commonwealth Minister must keep a Register of greenhouse gas titles and greenhouse gas search authorities.

* A transfer of a greenhouse gas title must be approved by the responsible Commonwealth Minister, and an instrument of transfer must be registered under this Part.

* A dealing in a greenhouse gas title must be approved by the responsible Commonwealth Minister, and the approval must be entered in the Register.

298-251 Definitions

In this Chapter:

Register means the Register kept under section 298-253.

title means:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(c) a greenhouse gas injection licence; or

(d) a greenhouse gas special authority.

298-252 Dealing - series of debentures

For the purposes of this Chapter, if a dealing forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures are taken to be one dealing.

Part 3A.2 - Register of titles and greenhouse gas search authorities

298-253 Register to be kept

The responsible Commonwealth Minister must keep a Register of:

(a) titles; and

(b) greenhouse gas search authorities.

298-254 Entries in Register - general

Memorial

(1) The responsible Commonwealth Minister must enter in the Register a memorial for each title and greenhouse gas search authority.

(2) The memorial must comply with the table:

(3) The responsible Commonwealth Minister must enter in the Register a memorial of:

(a) a notice or instrument:

(i) varying; or

(ii) cancelling; or

(iii) surrendering (to any extent); or

(iv) otherwise affecting;

a title or greenhouse gas search authority; or

(b) a notice or instrument varying or revoking a notice or instrument referred to in paragraph (a).

Note: Subparagraph (a)(iv) would cover, for example, a notice revoking a greenhouse gas special authority.

Copy of title may be entered instead of memorial

(4) It is a sufficient compliance with the requirements of subsection (1), (2) or (3) if the responsible Commonwealth Minister enters a copy of the title, greenhouse gas search authority, notice or instrument in the Register.

Date of entry to be endorsed

(5) The responsible Commonwealth Minister must endorse on:

(a) the memorial; or

(b) the copy of the title, greenhouse gas search authority, notice or instrument;

a memorandum of the date on which the memorial or copy was entered in the Register.

298-255 Entry in Register - cessation or expiry of title

If an event specified in the table happens, the responsible Commonwealth Minister must enter in the Register a memorial of the fact.

Part 3A.3 - Transfer of titles

298-256 Approval and registration of transfers

A transfer of a title is of no force until:

(a) it has been approved by the responsible Commonwealth Minister; and

(b) an instrument of transfer is registered as provided by this Part.

298-257 Application for approval of transfer

(1) One of the parties to a proposed transfer of a title may apply to the responsible Commonwealth Minister for approval of the transfer.

(2) The application must be in writing.

298-258 Documents to accompany application

An application for approval of a transfer must be accompanied by:

(a) an instrument of transfer in the prescribed form executed by:

(i) the registered holder or, if there are 2 or more registered holders, by each registered holder; and

(ii) the transferee or, if there are 2 or more transferees, by each transferee; and

(b) if the transferee, or one or more of the transferees, is not a registered holder or are not registered holders of the title - a document setting out:

(i) the technical qualifications of that transferee or those transferees; and

(ii) details of the technical advice that is or will be available to that transferee or those transferees; and

(iii) details of the financial resources that are or will be available to that transferee or those transferees; and

(c) a copy of each of the following:

(i) the application;

(ii) the instrument referred to in paragraph (a);

(iii) the document referred to in paragraph (b).

298-259 Time limit for application

(1) An application for approval of a transfer must be made within:

(a) 90 days after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer; or

(b) such longer period as the responsible Commonwealth Minister allows.

(2) The responsible Commonwealth Minister may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.

298-260 Date of application to be entered in Register

If an application is made for approval of a transfer, the responsible Commonwealth Minister:

(a) must enter a memorandum in the Register of the date on which the application was lodged; and

(b) may make such other notation in the Register as the responsible Commonwealth Minister considers appropriate.

298-261 Approval of transfer

Scope

(1) This section applies if an application is made for approval of a transfer.

Decision

(2) The responsible Commonwealth Minister must:

(a) approve the transfer; or

(b) refuse to approve the transfer.

(2A) If:

(a) the application is for approval of a transfer of a greenhouse gas holding lease or a greenhouse gas injection licence; and

(b) the greenhouse gas holding lease or the greenhouse gas injection licence is tied to a retention lease;

the responsible Commonwealth Minister must not approve the transfer of the greenhouse gas holding lease or the greenhouse gas injection licence unless:

(c) a transfer of the retention lease has been approved by the Designated Authority under section 261; and

(d) the transfer of the retention lease is registered under section 262; and

(e) both:

(i) the instrument of transfer of the retention lease; and

(ii) the instrument of transfer of the greenhouse gas holding lease or greenhouse gas injection licence;

were executed at or about the same time; and

(f) the transferee or transferees of the retention lease are the same as the transferee or transferees of the greenhouse gas holding lease or greenhouse gas injection licence.

(2B) If:

(a) the application is for approval of a transfer of a greenhouse gas holding lease or a greenhouse gas injection licence; and

(b) the greenhouse gas holding lease or the greenhouse gas injection licence is tied to a production licence;

the responsible Commonwealth Minister must not approve the transfer of the greenhouse gas holding lease or the greenhouse gas injection licence unless:

(c) a transfer of the production licence has been approved by the Designated Authority under section 261; and

(d) the transfer of the production licence is registered under section 262; and

(e) both:

(i) the instrument of transfer of the production licence; and

(ii) the instrument of transfer of the greenhouse gas holding lease or greenhouse gas injection licence;

were executed at or about the same time; and

(f) the transferee or transferees of the production licence are the same as the transferee or transferees of the greenhouse gas holding lease or greenhouse gas injection licence.

(3) The responsible Commonwealth Minister must, by written notice given to the applicant, notify the applicant of the responsible Commonwealth Minister's decision.

(4) If the responsible Commonwealth Minister refuses to approve the transfer, the responsible Commonwealth Minister must make a notation of the refusal in the Register.

298-262 Registration of transfer

Scope

(1) This section applies if the responsible Commonwealth Minister approves the transfer of a title.

Endorsement

(2) The responsible Commonwealth Minister must immediately endorse on:

(a) the instrument of transfer; and

(b) the copy of the instrument of transfer;

a memorandum of approval.

(3) On payment of the fee provided for in the Registration Fees Act, the responsible Commonwealth Minister must enter in the Register a memorandum of:

(a) the transfer; and

(b) the name of the transferee or of each transferee.

(4) On the entry in the Register of the memorandum:

(a) the transfer is taken to be registered; and

(b) the transferee becomes the registered holder, or the transferees become the registered holders, of the title.

(5) If the transfer is registered:

(a) the copy of the instrument of transfer endorsed with the memorandum of approval must be:

(i) retained by the responsible Commonwealth Minister; and

(ii) made available for inspection in accordance with this Chapter; and

(b) the instrument of transfer endorsed with the memorandum of approval must be returned to the person who applied for approval of the transfer.

298-263 Instrument of transfer does not create an interest in the title

The mere execution of an instrument of transfer of a title creates no interest in the title.

298-264 Limit on effect of approval of transfers

The approval of a transfer of a title does not give to the transfer any force, effect or validity that the transfer would not have had if this Chapter had not been enacted.

Part 3A.4 - Devolution of title

298-265 Application to have name entered on the Register as the holder of a title

(1) If the rights of the registered holder of a particular title have devolved on a person by operation of law, the person may apply to the responsible Commonwealth Minister to have the person's name entered in the Register as the holder of the title.

(2) The application must be in writing.

298-266 Entry of name in the Register

Scope

(1) This section applies if an application is made under section 298-265 in relation to a title.

Entry in Register

(2) If:

(a) the responsible Commonwealth Minister is satisfied that the rights of the holder have devolved on the applicant by operation of law; and

(b) the applicant has paid the prescribed fee;

the responsible Commonwealth Minister must enter the name of the applicant in the Register as the holder of the title.

(3) On that entry being made, the applicant becomes the registered holder of the title.

Part 3A.5 - Change in name of company

298-267 Application to have new name entered on the Register

(1) If:

(a) a company is the registered holder of a particular title; and

(b) the company has changed its name;

the company may apply to the responsible Commonwealth Minister to have its new name substituted for its previous name in the Register in relation to that title.

(2) The application must be in writing.

298-268 Alteration in the Register

Scope

(1) This section applies if a company applies under section 298-267 to have its new name substituted for its previous name in the Register in relation to a particular title.

Alteration

(2) If:

(a) the responsible Commonwealth Minister is satisfied that the company has changed its name; and

(b) the company has paid the prescribed fee;

the responsible Commonwealth Minister must make the necessary alterations in the Register.

Part 3A.6 - Dealings relating to existing titles

298-269 Dealings to which this Part applies

This Part applies to a dealing (other than a transfer of a title) that would have one or more of the effects set out in the table:

298-270 Approval and registration of dealings

A dealing is of no force, in so far as the dealing would have an effect of a kind referred to in the table in section 298-269 in relation to a particular title, until:

(a) the responsible Commonwealth Minister has approved the dealing, in so far as it relates to that title; and

(b) the responsible Commonwealth Minister has made an entry in the Register in relation to the dealing under section 298-276.

298-271 Application for approval of dealing

(1) An application for approval of a dealing must be made in accordance with subsection (2) or (3).

Application - dealing relates to only one title

(2) If a dealing relates to only one title, a party to the dealing may apply to the responsible Commonwealth Minister for approval of the dealing in so far as it relates to that title.

Application - dealing relates to 2 or more titles

(3) If a dealing relates to 2 or more titles, a party to the dealing may make a separate application to the responsible Commonwealth Minister for approval of the dealing in so far as it relates to each title.

Written application

(4) An application must be in writing.

298-272 Documents to accompany application

Instrument evidencing dealing

(1) An application for approval of a dealing must be accompanied by:

(a) the instrument evidencing the dealing; or

(b) if that instrument has already been lodged with the responsible Commonwealth Minister for the purposes of another application - a copy of that instrument.

Supplementary instrument

(2) An application for approval of a dealing may be accompanied by an instrument setting out such details (if any) as are prescribed for the purposes of an application for approval of a dealing of that kind.

(3) An instrument under subsection (2) is called a supplementary instrument .

Copies

(4) An application for approval of a dealing must be accompanied by:

(a) a copy of the application; and

(b) a copy, or an additional copy, of the instrument referred to in subsection (1); and

(c) a copy of any supplementary instrument.

Charge over assets of a body corporate - copies of documents

(5) If:

(a) a dealing (including a dealing referred to in section 298-252) creates a charge over some or all of the assets of a body corporate; and

(b) a person applies for approval of the dealing; and

(c) the application is accompanied by 2 copies of each document required to be lodged with the Australian Securities and Investments Commission under section 263 of the Corporations Act 2001 in relation to the creation of the charge;

the person is taken to have complied with:

(d) subsection (1); and

(e) subsection (4) in so far as that subsection requires a copy, or an additional copy, of the instrument referred to in subsection (1) to accompany the application.

298-273 Timing of application

(1) An application for approval of a dealing must be made within:

(a) 90 days after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument; or

(b) such longer period as the responsible Commonwealth Minister allows.

(2) The responsible Commonwealth Minister may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.

(3) This section has effect subject to section 298-284.

Note: Section 298-284 is about approval of a dealing that was entered into before the title came into existence.

298-274 Application date to be entered in Register

If an application is made for approval of a dealing, the responsible Commonwealth Minister:

(a) must enter a memorandum in the Register of the date on which the application was lodged; and

(b) may make such other notation in the Register as the responsible Commonwealth Minister considers appropriate.

298-275 Approval of dealing

Scope

(1) This section applies if an application is made for approval of a dealing in so far as it relates to a particular title.

Decision

(2) The responsible Commonwealth Minister must:

(a) approve the dealing; or

(b) refuse to approve the dealing;

in so far as it relates to that title.

Note: Section 298-284 limits the power conferred on the responsible Commonwealth Minister by this section. Section 298-284 is about approval of a dealing that was entered into before the title came into existence.

Notification of decision

(3) The responsible Commonwealth Minister must, by written notice given to the applicant, notify the applicant of the responsible Commonwealth Minister's decision.

Refusal to approve dealing - notation in Register

(4) If the responsible Commonwealth Minister refuses to approve the dealing in so far as it relates to that title, the responsible Commonwealth Minister must make a notation of the refusal in the Register.

298-276 Entry of dealing in Register

Scope

(1) This section applies if the responsible Commonwealth Minister approves a dealing in so far as it relates to a particular title.

Endorsement

(2) The responsible Commonwealth Minister must immediately endorse a memorandum of approval:

(a) on the original instrument evidencing the dealing and on the copy of that instrument; or

(b) if the original instrument was not lodged with the application for approval - on both of the copies of that instrument.

Entry in Register

(3) On payment of the fee provided for in the Registration Fees Act, the responsible Commonwealth Minister must make an entry of the approval of the dealing in the Register on:

(a) the memorial relating to that title; or

(b) the copy of that title.

298-277 Retention, inspection and return of instruments

Scope

(1) This section applies if the responsible Commonwealth Minister makes an entry of the approval of a dealing in the Register.

Application accompanied by supplementary instrument

(2) If the application for approval of the dealing was accompanied by a supplementary instrument:

(a) a copy of the supplementary instrument, endorsed with a copy of the memorandum of approval, must be:

(i) retained by the responsible Commonwealth Minister; and

(ii) made available for inspection in accordance with this Chapter; and

(b) the supplementary instrument must be returned to the person who applied for approval; and

(c) a copy of the instrument evidencing the dealing must not be made available for inspection in accordance with this Chapter; and

(d) the original instrument evidencing the dealing, or a copy of the original instrument, as the case requires, endorsed with a memorandum of approval, must be returned to the person who applied for approval.

Note: For inspection, see section 298-296.

Application not accompanied by supplementary instrument

(3) If the application for approval of the dealing was not accompanied by a supplementary instrument:

(a) one copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be:

(i) retained by the responsible Commonwealth Minister; and

(ii) made available for inspection in accordance with this Chapter; and

(b) the original instrument evidencing the dealing, or a copy of the original instrument, as the case requires, endorsed with a memorandum of approval, must be returned to the person who applied for approval.

Note: For inspection, see section 298-296.

Definition

(4) In this section:

supplementary instrument has the meaning given by subsection 298-272(3) or 298-281(3).

298-278 Strict compliance with application provisions not required

The approval of a dealing, or the making of an entry in the Register in relation to a dealing, is not made ineffective because of any failure to comply, in relation to the application for approval of the dealing, with the requirements of this Part.

298-279 Limit on effect of approval of dealing

The approval of a dealing does not give to the dealing any force, effect or validity that the dealing would not have had if this Chapter had not been enacted.

Part 3A.7 - Dealings in future interests

298-280 Provisional application for approval of dealing

Scope

(1) This section applies if:

(a) 2 or more persons enter into a dealing relating to a title that may come into existence in the future; and

(b) that dealing would, if the title came into existence, become a dealing to which Part 3A.6 applies.

Provisional application - dealing relates to only one title

(2) If the dealing relates to only one title that may come into existence in the future, a party to the dealing may make a provisional application to the responsible Commonwealth Minister for approval of the dealing.

Provisional application - dealing relates to 2 or more titles

(3) If the dealing relates to 2 or more titles that may come into existence in the future, a party to the dealing may make a separate provisional application to the responsible Commonwealth Minister for approval of the dealing in relation to each title that may come into existence in the future.

Written provisional application

(4) A provisional application must be in writing.

298-281 Documents to accompany provisional application

Instrument evidencing dealing

(1) A provisional application for approval of a dealing must be accompanied by:

(a) the instrument evidencing the dealing; or

(b) if that instrument has already been lodged with the responsible Commonwealth Minister for the purposes of another provisional application - a copy of that instrument.

Supplementary instrument

(2) A provisional application for approval of a dealing may be accompanied by an instrument setting out such details (if any) as are prescribed for the purposes of a provisional application for approval of a dealing of that kind.

(3) An instrument under subsection (2) is called a supplementary instrument .

Copies

(4) A provisional application for approval of a dealing must be accompanied by:

(a) a copy of the provisional application; and

(b) a copy, or an additional copy, of the instrument referred to in subsection (1); and

(c) a copy of any supplementary instrument.

Charge over assets of a body corporate - copies of documents

(5) If:

(a) a dealing (including a dealing referred to in section 298-252) creates a charge over some or all of the assets of a body corporate; and

(b) a person makes a provisional application for approval of the dealing; and

(c) the provisional application is accompanied by 2 copies of each document required to be lodged with the Australian Securities and Investments Commission under section 263 of the Corporations Act 2001 in relation to the creation of the charge;

the person is taken to have complied with:

(d) subsection (1); and

(e) subsection (4) in so far as that subsection requires a copy, or an additional copy, of the instrument referred to in subsection (1) to accompany the provisional application.

298-282 Timing of provisional application

A provisional application must be made within the period worked out using the table:

298-283 Provisional application to be treated as an application under section 298-271 when title comes into existence

If:

(a) a provisional application is made for approval of a dealing; and

(b) the title to which the dealing relates comes into existence; and

(c) on that title coming into existence, the dealing becomes a dealing to which Part 3A.6 applies;

the provisional application is to be treated as if it were an application made under section 298-271 on the day on which that title came into existence.

298-284 Limit on approval of dealing

(1) If:

(a) Part 3A.6 applies to a dealing relating to a title; and

(b) immediately before the title came into existence, the dealing was a dealing referred to in subsection 298-280(1);

the responsible Commonwealth Minister may approve the dealing under section 298-275 only if:

(c) a provisional application for approval of the dealing was made under section 298-280; or

(d) an application for approval of the dealing was made under section 298-271 within:

(i) 90 days after the day on which the title came into existence; or

(ii) such longer period as the responsible Commonwealth Minister allows.

(2) The responsible Commonwealth Minister may allow a longer period under subparagraph (1)(d)(ii) only if there are sufficient grounds to warrant allowing the longer period.

Part 3A.8 - Correction and rectification of Register

298-285 Corrections of clerical errors or obvious defects

The responsible Commonwealth Minister may alter the Register for the purposes of correcting a clerical error or an obvious defect in the Register.

298-286 General power of correction of Register

Power of correction

(1) The responsible Commonwealth Minister may make such entries in the Register as the responsible Commonwealth Minister considers appropriate for the purposes of ensuring that the Register accurately records the interests and rights existing in relation to a title.

(2) The responsible Commonwealth Minister may exercise the power conferred by subsection (1):

(a) on written application being made to the responsible Commonwealth Minister by a person; or

(b) on the responsible Commonwealth Minister's own initiative.

Consultation

(3) Before the responsible Commonwealth Minister makes an entry in the Register under subsection (1), the responsible Commonwealth Minister must cause to be published in the Gazette a notice:

(a) setting out the terms of the entry that the responsible Commonwealth Minister proposes to make in the Register; and

(b) inviting interested persons to give the responsible Commonwealth Minister written submissions about the making of the entry; and

(c) specifying a time limit for the making of those submissions.

(4) The time limit must not be shorter than 45 days after the publication of the notice.

(5) In deciding whether to make the entry in the Register, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

Gazettal of terms of entry

(6) If the responsible Commonwealth Minister makes an entry in the Register under subsection (1), the responsible Commonwealth Minister must cause to be published in the Gazette a notice setting out the terms of the entry.

298-287 Rectification of Register

Application for rectification

(1) If a person is aggrieved by any of the following:

(a) the omission of an entry from the Register;

(b) an entry made in the Register without sufficient cause;

(c) an entry wrongly existing in the Register;

(d) an error or defect in an entry in the Register;

the person may apply to:

(e) the Federal Court; or

(f) the Supreme Court of, or having jurisdiction in, the State or Territory to which the relevant offshore area relates;

for the rectification of the Register.

Court orders

(2) If an application is made under subsection (1) to a court for the rectification of the Register, the court may make such order as it thinks fit directing the rectification of the Register.

(3) In proceedings under this section, the court may decide any question that it is necessary or expedient to decide in connection with the rectification of the Register.

Appearance of responsible Commonwealth Minister

(4) Notice of an application under this section must be given to the responsible Commonwealth Minister concerned, who:

(a) may appear and be heard; and

(b) must appear if so directed by the court.

Copy of order to be given to responsible Commonwealth Minister

(5) An office copy of an order made by the court may be given to the responsible Commonwealth Minister.

Compliance with order

(6) The responsible Commonwealth Minister must, on receipt of the order, rectify the Register accordingly.

Principal Northern Territory offshore area and Eastern Greater Sunrise offshore area

(7) For the purposes of paragraph (1)(f):

(a) the Principal Northern Territory offshore area; and

(b) the Eastern Greater Sunrise offshore area;

are taken to relate to the Northern Territory.

Part 3A.9 - Information-gathering powers

298-288 Responsible Commonwealth Minister may obtain information from applicants

Scope

(1) This section applies if:

(a) an application for approval of the transfer of a title is made under section 298-257; or

(b) an application is made under section 298-265 or 298-267 in relation to a title; or

(c) an application for approval of a dealing is made under section 298-271; or

(d) a provisional application for approval of a dealing is made under section 298-280; or

(e) an application is made under section 298-286 in relation to a title.

Requirement to give information

(2) The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant to give the responsible Commonwealth Minister, within the period and in the manner specified in the notice, such information about the matter to which the application relates as the responsible Commonwealth Minister considers necessary or advisable.

(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.

Offences

(4) A person commits an offence if:

(a) the person has been given a notice under subsection (2); and

(b) the person omits to do an act; and

(c) the omission contravenes a requirement in the notice.

Penalty: 50 penalty units.

(5) A person commits an offence if:

(a) the responsible Commonwealth Minister requires the person to give information under subsection (2); and

(b) the person gives information; and

(c) the person does so knowing that the information is false or misleading in a material particular.

Penalty: 50 penalty units.

Notice to set out the effect of offence provisions

(6) A notice under subsection (2) must set out the effect of the following provisions:

(a) subsection (4);

(b) subsection (5).

Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.

298-289 Responsible Commonwealth Minister may obtain information from a party to an approved dealing

Scope

(1) This section applies if:

(a) a person is a party to a dealing relating to a title; and

(b) the dealing has been approved under section 298-275.

Requirement to give information

(2) The responsible Commonwealth Minister may, by written notice given to the person, require the person to give to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, such information about alterations in the interests or rights existing in relation to the title as the responsible Commonwealth Minister considers necessary or advisable.

(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.

Offences

(4) A person commits an offence if:

(a) the person has been given a notice under subsection (2); and

(b) the person omits to do an act; and

(c) the omission contravenes a requirement in the notice.

Penalty: 50 penalty units.

(5) A person commits an offence if:

(a) the responsible Commonwealth Minister requires the person to give information under subsection (2); and

(b) the person gives information; and

(c) the person does so knowing that the information is false or misleading in a material particular.

Penalty: 50 penalty units.

Notice to set out the effect of offence provisions

(6) A notice under subsection (2) must set out the effect of the following provisions:

(a) subsection (4);

(b) subsection (5).

Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.

298-290 Production and inspection of documents

Scope

(1) This section applies if the responsible Commonwealth Minister has reason to believe that a document:

(a) is in the possession or under the control of a person; and

(b) relates to:

(i) a transfer or dealing for which approval is sought under this Chapter; or

(ii) an application under section 298-265, 298-267 or 298-268.

Requirement

(2) The responsible Commonwealth Minister may, by written notice given to the person, require the person:

(a) to produce the document to the responsible Commonwealth Minister, within the period and in the manner specified in the notice; or

(b) to make the document available for inspection by or on behalf of the responsible Commonwealth Minister.

(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.

Offences

(4) A person commits an offence if:

(a) the person has been given a notice under subsection (2); and

(b) the person omits to do an act; and

(c) the omission contravenes a requirement in the notice.

Penalty: 50 penalty units.

(5) An offence against subsection (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(6) A person commits an offence if:

(a) the person has been given a notice under subsection (2); and

(b) the person:

(i) produces a document to the responsible Commonwealth Minister; or

(ii) makes a document available for inspection by or on behalf of the responsible Commonwealth Minister; and

(c) the person does so knowing that the document is false or misleading in a material particular; and

(d) the document is produced or made available in compliance or purported compliance with the notice.

Penalty: 50 penalty units.

Notice to set out the effect of offence provisions

(7) A notice under subsection (2) must set out the effect of the following provisions:

(a) subsection (4);

(b) subsection (6).

Note: The same conduct may be an offence against both subsection (6) of this section and section 137.2 of the Criminal Code.

298-291 Responsible Commonwealth Minister may retain documents

(1) The responsible Commonwealth Minister may take possession of a document produced under section 298-290, and retain it for as long as is necessary.

(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the responsible Commonwealth Minister to be a true copy.

(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.

(4) Until a certified copy is supplied, the responsible Commonwealth Minister must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.

Part 3A.10 - Other provisions

298-292 Responsible Commonwealth Minister not concerned with the effect of instrument lodged under this Chapter

The responsible Commonwealth Minister is not concerned with the effect in law of an instrument lodged under this Chapter.

298-293 True consideration to be shown

Offence

(1) A person commits an offence if:

(a) the person is a party to:

(i) a transfer of a title; or

(ii) a dealing to which Part 3A.6 applies; or

(iii) a dealing referred to in subsection 298-280(1); and

(b) the person gives the responsible Commonwealth Minister:

(i) an instrument of transfer; or

(ii) an instrument evidencing the dealing; or

(iii) a supplementary instrument; and

(c) the instrument contains a statement relating to:

(i) the consideration for the transfer or dealing; or

(ii) any other fact or circumstance affecting the amount of the fee payable under the Registration Fees Act in relation to the transfer or dealing; and

(d) the person gives the instrument knowing that the statement is false or misleading in a material particular.

Penalty: 100 penalty units.

Definition

(2) In this section:

supplementary instrument has the meaning given by subsection 298-272(3) or 298-281(3).

Note: The same conduct may be an offence against both subsection (1) of this section and section 137.2 of the Criminal Code.

298-294 Making a false entry in the Register

A person commits an offence if:

(a) the person:

(i) makes an entry in the Register; or

(ii) causes an entry to be made in the Register; or

(iii) concurs in the making of an entry in the Register; and

(b) the person does so knowing that the entry is false.

Penalty: 50 penalty units.

Note: The same conduct may be an offence against both this section and section 145.4 of the Criminal Code.

298-295 Falsified documents

A person commits an offence if:

(a) the person produces or tenders in evidence a document; and

(b) the document falsely purports to be:

(i) a copy of or extract from an entry in the Register; or

(ii) a copy of or extract from an instrument given to the responsible Commonwealth Minister under this Chapter.

Penalty: 50 penalty units.

Note: The same conduct may be an offence against both this section and section 137.2 of the Criminal Code.

298-296 Inspection of Register and instruments

Inspection of Register

(1) The responsible Commonwealth Minister must ensure that the Register is open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.

Instruments

(2) The responsible Commonwealth Minister must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.

298-297 Evidentiary provisions

Register

(1) The Register is to be received in all courts and proceedings as prima facie evidence of all matters required or authorised by this Chapter to be entered in the Register.

Certified copies and extracts

(2) The responsible Commonwealth Minister may, on payment of a fee calculated under the regulations, supply:

(a) a copy of or extract from the Register; or

(b) a copy of or extract from any instrument lodged with the responsible Commonwealth Minister under this Chapter;

certified by the responsible Commonwealth Minister to be a true copy or true extract, as the case may be.

(3) The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.

Evidentiary certificate

(4) The responsible Commonwealth Minister may, on payment of a fee calculated under the regulations, issue a written certificate:

(a) stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:

(i) has been made or done; or

(ii) has not been made or done; or

(b) stating that an entry, matter or thing required by or under this Chapter not to be made or done:

(i) has not been made or done; or

(ii) has been made or done.

(5) The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.

Criminal proceedings - copy of certificate to be given to defendant 14 days before certificate admitted in evidence

(6) A certificate must not be admitted in evidence under subsection (5) in proceedings for an offence unless:

(a) the person charged with the offence; or

(b) a barrister or solicitor who has appeared for the person in those proceedings;

has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.

Person signing the certificate may be called to give evidence

(7) If, under subsection (5), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:

(a) called as a witness for the prosecution; and

(b) cross-examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.

(8) However, subsection (7) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:

(a) the prosecutor has been given at least 4 days notice of the person's intention to require the person who signed the certificate to be so called; or

(b) the court, by order, allows the person charged to require the person who signed the certificate to be so called.

Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits

(9) Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (4) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.

298-298 Assessment of fee

Original determination

(1) The responsible Commonwealth Minister may determine the amount of the fee payable under the Registration Fees Act in relation to an entry in the Register.

Fresh determination - false or misleading information given to responsible Commonwealth Minister

(2) If:

(a) the responsible Commonwealth Minister has determined the amount of a fee payable under the Registration Fees Act in relation to a transfer or dealing; and

(b) a person is convicted of an offence against section 298-293 in relation to giving the responsible Commonwealth Minister an instrument that contains a statement about:

(i) the consideration for the transfer or dealing; or

(ii) any other fact or circumstance affecting the amount of the fee payable under the Registration Fees Act in relation to the transfer or dealing;

the responsible Commonwealth Minister may make a fresh determination of the amount of the fee payable under the Registration Fees Act in relation to the transfer or dealing.

Note: Section 298-293 is about giving an instrument that contains a false or misleading statement.

Appeal

(3) A person dissatisfied with a determination of the responsible Commonwealth Minister under subsection (1) or (2) may appeal against the determination to:

(a) the Federal Court; or

(b) the Supreme Court of, or having jurisdiction in, the State or Territory to which the relevant offshore area relates.

(4) The court hearing the appeal may affirm, set aside or modify the determination of the responsible Commonwealth Minister.

Appearance of responsible Commonwealth Minister

(5) Notice of an appeal under this section is to be given to the responsible Commonwealth Minister concerned, who:

(a) may appear and be heard; and

(b) must appear if so directed by the court.

Principal Northern Territory offshore area and Eastern Greater Sunrise offshore area

(6) For the purposes of paragraph (3)(b):

(a) the Principal Northern Territory offshore area; and

(b) the Eastern Greater Sunrise offshore area;

are taken to relate to the Northern Territory.