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

Schedule 1   Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

274C   Before Part 6.2

Insert:

Part 6.1B - Information relevant to the making of designated agreements

Division 1 - Information-gathering powers

435N Responsible Commonwealth Minister may obtain information and documents

Scope

(1) This section applies to the following applications:

(a) an application under subsection 79A(1) for approval to carry on one or more key petroleum operations under a declared exploration permit;

(b) an application under section 114A for approval to carry on one or more key petroleum operations under a declared retention lease;

(c) an application under subsection 138A(1) for approval to carry on one more key petroleum operations under a declared production licence;

(d) an application under subsection 249AF(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas assessment permit;

(e) an application under subsection 249BD(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas holding lease;

(f) an application under section 249CH for the grant of a greenhouse gas injection licence;

(g) an application under section 249CQ for the grant of a greenhouse gas injection licence;

where either or both of the following are relevant to the responsible Commonwealth Minister's decision on the application:

(h) the existence or non-existence of a designated agreement;

(i) the terms of a designated agreement.

requirement

(2) If the responsible Commonwealth Minister believes on reasonable grounds that a person has information or a document that is relevant to the responsible Commonwealth Minister's decision on the application, the responsible Commonwealth Minister may, by written notice given to the person, require the person:

(a) to give to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, any such information; or

(b) to produce to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, any such documents; or

(c) to make copies of any such documents and to produce to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, those copies.

(3) A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.

(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: 100 penalty units.

Notice to set out the effect of offence provisions

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

(a) subsection (4);

(b) section 435T;

(c) section 435U.

Note 1: Section 435T is about giving false or misleading information.

Note 2: Section 435U is about producing false or misleading documents.

435P Copying documents - reasonable compensation

A person is entitled to be paid reasonable compensation for complying with a requirement covered by paragraph 435N(2)(c).

435Q Self-incrimination

(1) A person is not excused from giving information or producing a document under section 435N on the ground that the information or the production of the document might tend to incriminate the person or expose the person to a penalty.

(2) However:

(a) the information given or the document produced; or

(b) giving the information or producing the document; or

(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;

Is not admissible in evidence against the person:

(d) in any civil proceedings; or

(e) in criminal proceedings other than:

(i) proceedings for an offence against subsection 435N(4) or section 435T or 435U; or

(ii) proceedings for an offence against section 137.1 or 137.2 of theCriminal Codethat relates to this Division.

435R Copies of documents

The responsible Commonwealth Minister may inspect a document produced under this Division and may make and retain copies of, or take and retain extracts from, such a document.

435S Responsible Commonwealth Minister may retain documents

(1) The responsible Commonwealth Minister may take possession of a document produced under this Division, and retain it for as long as is reasonably 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.

435T False or misleading information

A person commits an offence if:

(a) the responsible Commonwealth Minister requires the person to give information under subsection 435N(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: 100 penalty units.

Note: The same conduct may be an offence against both this section and section 137.1 of theCriminal Code.

435U False or misleading documents

A person commits an offence if:

(a) the person has been given a notice under subsection 435N(2); and

(b) the person produces a document to 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 in compliance or purported compliance with the notice.

Penalty: 100 penalty units.

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

Division 2 - Protection of information etc.

435V Protection of information

Scope

(1) This section applies if:

(a) either:

(i) information was given by a person to the responsible Commonwealth Minister under section 435N; or

(ii) a document containing information was produced by a person to the responsible Commonwealth Minister under section 435N; and

(b) the person claims that the information is commercial-in-confidence information.

Protection of information

(2) The responsible Commonwealth Minister, or a delegate of the responsible Commonwealth Minister, must not disclose the information to another person except:

(a) for the purposes of this Act or the regulations; or

(b) if the disclosure is to a member of an expert advisory committee for a purpose relating to the function of the committee; or

(c) the disclosure is required by:

(i) this Act or any other law of the Commonwealth; or

(ii) a prescribed law of a State or Territory.

435W Disclosure of information to titleholder etc.

Scope

(1) This section applies if:

(a) either:

(i) information was given by a person to the responsible Commonwealth Minister under section 435N; or

(ii) a document containing information was produced by a person to the responsible Commonwealth Minister under section 435N; and

(b) the person has not claimed that the information is commercial-in-confidence information.

Disclosure

(2) The responsible Commonwealth Minister may disclose the information to another person for the purposes of:

(a) the consideration by the other person of whether to enter into a designated agreement; or

(b) the consideration by the other person of the terms of the designated agreement.