Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (117 of 2008)
Schedule 1 Amendments relating to greenhouse gas storage etc.
Offshore Petroleum Act 2006
274B After Part 6.1
Insert:
Part 6.1A - Expert advisory committees
435A Establishment of expert advisory committees
(1) The responsible Commonwealth Minister may, by writing, establish committees, to be known as expert advisory committees.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) An instrument made under subsection (1) is not a legislative instrument.
435B Function of expert advisory committees
(1) An expert advisory committee has the function of advising the responsible Commonwealth Minister about matters referred to it by the responsible Commonwealth Minister.
(2) A matter referred under subsection (1) must be:
(a) whether there is a significant risk that a key petroleum operation in an offshore area will have a significant adverse impact on:
(i) operations for the injection of a greenhouse gas substance; or
(ii) operations for the storage of a greenhouse gas substance; or
(b) whether there is a significant risk that a key greenhouse gas operation in an offshore area will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) an existing exploration permit; or
(ii) an existing retention lease; or
(iii) an existing production licence; or
(iv) a future exploration permit; or
(v) a future retention lease; or
(vi) a future production licence; or
(c) whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under:
(i) an existing exploration permit; or
(ii) an existing retention lease; or
(iii) an existing production licence; or
(iv) a future exploration permit; or
(v) a future retention lease; or
(vi) a future production licence; or
(d) whether there is a significant risk that any of the operations that are being, or could be, carried on under a greenhouse gas injection licence will have a significant adverse impact on:
(i) operations to recover petroleum; or
(ii) the commercial viability of the recovery of petroleum; or
(e) whether a serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence (see section 249CZ); or
(f) a matter that relates to the exercise of any of the following powers:
(ia) the powers conferred by section 249AK;
(ib) the powers conferred by section 249AL;
(i) the making of a declaration under section 249AU;
(ii) the variation or revocation of a declaration under section 249AU;
(iii) the giving of a direction under section 249AV;
(iv) the giving of a direction under section 249BZ;
(v) the variation of a matter specified in a greenhouse gas injection licence (see section 249CT);
(vi) the giving of a direction under section 249CXA;
(vii) the giving of a direction under section 249CZA;
(viii) the taking of action under section 249CZC;
(ix) the issuing of a pre-certificate notice (see section 249CZF);
(ixa) the making of a declaration under section 249CZN;
(x) the giving of a direction under section 316-311A; or
(g) a matter relating to the exercise of a power that:
(i) is conferred on the responsible Commonwealth Minister by this Act or the regulations; and
(ii) is specified in regulations made for the purposes of this subparagraph.
435C Appointment of expert advisory committee members etc.
(1) Each expert advisory committee member is to be appointed by the responsible Commonwealth Minister by written instrument.
(2) An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: For re-appointment, see subsection 33(4A) of the Acts Interpretation Act 1901.
(3) An expert advisory committee member holds office on a part-time basis.
(4) The responsible Commonwealth Minister may terminate the appointment of an expert advisory committee member.
435D Procedures of expert advisory committees
(1) The responsible Commonwealth Minister may give an expert advisory committee written directions about:
(a) the way in which the committee is to carry out its function; and
(b) procedures to be followed in relation to meetings.
Note: For variation and revocation, see subsection 33(3) of theActs Interpretation Act 1901.
(2) A direction given under subsection (1) is not a legislative instrument.
435E Remuneration and allowances
(1) An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.
(2) However, an expert advisory committee member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full-time basis in the service or employment of:
(a) a State; or
(b) a corporation (a Public statutory corporation ) that:
(i) is established for a public purpose by a law of a State; and
(ii) is not a tertiary education institution; or
(c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or
(d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.
Note: A similar rule applies to an expert advisory committee member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of theremuneration Tribunal Act 1973.
(3) An expert advisory committee member is to be paid the allowances that are prescribed by the regulations.
(4) This section (other than subsection (2)) has effect subject to theremuneration Tribunal Act 1973.
435F Leave of absence
The responsible Commonwealth Minister may grant leave of absence to an expert advisory committee member on the terms and conditions that the responsible Commonwealth Minister determines.
435G Resignation
(1) An expert advisory committee member may resign his or her appointment by giving the responsible Commonwealth Minister a written resignation.
(2) The resignation takes effect on the day it is received by the responsible Commonwealth Minister or, if a later day is specified in the resignation, on that later day.
435H Disclosure of interests to the responsible Commonwealth Minister
An expert advisory committee member must give written notice to the responsible Commonwealth Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member's functions.
435J Disclosure of interests to an expert advisory committee
(1) A person who:
(a) is an expert advisory committee member; and
(b) has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by an expert advisory committee of which the person is a member;
must disclose the nature of the interest to a meeting of the committee.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the expert advisory committee member'sknowledge.
(3) The disclosure must be recorded in the minutes of the meeting of the expert advisory committee.
(4) Unless the responsible Commonwealth Minister otherwise determines, the expert advisory committee member:
(a) must not be present during any deliberation by the expert advisory committee on the matter; and
(b) must not take part in any decision of the expert advisory committee with respect to the matter.
(5) The responsible Commonwealth Minister may terminate the appointment of an expert advisory committee member if the member fails, without reasonable excuse, to comply with this section.
(6) Subsection (5) does not limit subsection 435C(4).
435K Other terms and conditions
An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the responsible Commonwealth Minister.
435L Protection of information
Disclosure
(1) A person (the first person ) commits an offence if:
(a) the first person is or has been an expert advisory committee member; and
(b) the first person has obtained information in the course of performing duties or functions as an expert advisory committee member; and
(c) the first person discloses the information to another person; and
(d) the disclosure could reasonably be expected to prejudice substantially the commercial interests of a person other than the person to whom the information was disclosed.
Penalty: Imprisonment for 1 year.
(2) Subsection (1) does not apply if:
(a) the first person is performing duties or functions as an expert advisory committee member; or
(b) the first person is required by:
(i) this Act or any other law of the Commonwealth; or
(ii) a prescribed law of a State or Territory;
to disclose the information.
Note: The defendant bears an evidential burden in relation to a matter in subsection (2) - see subsection 13.3(3) of theCriminal Code.
Use
(3) A person (the first person ) commits an offence if:
(a) the first person is or has been an expert advisory committee member; and
(b) the first person has obtained information in the course of performing duties or functions as an expert advisory committee member; and
(c) the first person uses the information; and
(d) the use could reasonably be expected to prejudice substantially the commercial interests of another person.
Penalty: Imprisonment for 1 year.
(4) Subsection (3) does not apply if:
(a) the first person is performing duties or functions as an expert advisory committee member; or
(b) the first person is required by:
(i) this Act or any other law of the Commonwealth; or
(ii) a prescribed law of a State or Territory;
to use the information.
Note: The defendant bears an evidential burden in relation to a matter in subsection (4) - see subsection 13.3(3) of theCriminal Code.