Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 120, 2021
Compilation No. 3
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Offshore Electricity Infrastructure Act 2021 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1--Preliminary
Part 1--Introduction
1 Short title
2 Commencement
3 Object of this Act
4 Simplified outline of this Act
5 External Territories
6 Crown to be bound
7 Provisions to apply to certain offshore electricity transmission infrastructure subject to international obligations
Part 2--Definitions
9 Datum provisions
10 Meaning of offshore renewable energy infrastructure
11 Meaning of offshore electricity transmission infrastructure
12 Offshore renewable energy infrastructure and offshore electricity transmission infrastructure
13 Meaning of renewable energy resource
Chapter 2--Regulation of offshore infrastructure activities
Part 1--Prohibition of unauthorised offshore infrastructure activities
14 Simplified outline of this Part
15 Prohibition of unauthorised offshore infrastructure activities in the Commonwealth offshore area
Part 2--Declaring areas for offshore renewable energy infrastructure
Division 1--Introduction
16 Simplified outline of this Part
Division 2--Declared areas
17 Declared areas
18 Notice of proposal to declare an area
19 Making a decision
20 Conditions that apply to a declaration
21 Period for which a declaration remains in force
Division 3--Varying a declaration
22 Variation to extend period or increase declared area
23 Variation of conditions, or to reduce declared area
24 Consultation on proposed variation
25 Varying a declaration to make minor and technical corrections
Division 4--Revoking a declaration
26 Revoking a declaration
27 Revoking a declaration--consultation
Chapter 3--Licensing
Part 1--Licences
Division 1--Introduction
28 Simplified outline of this Part
29 Licensing scheme
Division 2--Feasibility licences
30 Purpose of a feasibility licence
31 Activities authorised by a feasibility licence
32 Applications for feasibility licences
33 Grant of a feasibility licence
34 Merit criteria for a feasibility licence
35 Conditions that apply to a feasibility licence
36 Term of a feasibility licence
37 Extending the term of a feasibility licence
38 Varying a feasibility licence
Division 3--Commercial licences
39 Purpose of a commercial licence
40 Activities authorised by a commercial licence
41 Applications for commercial licences
42 Grant of a commercial licence
43 Minister may require applicant to consult etc.
44 Merit criteria for a commercial licence
45 Conditions that apply to a commercial licence
46 Term of a commercial licence
47 Extending the term of a commercial licence
48 Varying a commercial licence
Division 4--Research and demonstration licences
49 Purpose of a research and demonstration licence
50 Activities authorised by a research and demonstration licence
51 Applications for research and demonstration licences
52 Grant of a research and demonstration licence
53 Merit criteria for a research and demonstration licence
54 Conditions that apply to a research and demonstration licence
55 Term of a research and demonstration licence
56 Extending the term of a research and demonstration licence
57 Varying a research and demonstration licence
Division 5--Transmission and infrastructure licences
58 Purpose of a transmission and infrastructure licence
59 Activities authorised by a transmission and infrastructure licence
60 Applications for transmission and infrastructure licences
61 Grant of a transmission and infrastructure licence
62 Merit criteria for a transmission and infrastructure licence
63 Conditions that apply to a transmission and infrastructure licence
64 Term of a transmission and infrastructure licence
65 Extending the term of a transmission and infrastructure licence
66 Varying a transmission and infrastructure licence
Part 2--General provisions about licences
Division 1--Introduction
67 Simplified outline of this Part
Division 2--Licence transfers
68 Licences to be transferred only under this Division
69 Application for transfer
70 Minister may transfer licence
71 Licence transfer does not affect conditions or end day
72 Financial security for a transferred licence
Division 3--Cancelling and surrendering licences
73 Cancellation of licence
74 Surrender of licence
Division 4--Other general provisions about licences
75 False or misleading information
76 False or misleading documents
77 Interference with other activities by licence holder
78 Interference with other activities by other person carrying out activities under licence
79 No conditions about payment of money
80 Basis on which licences granted
81 Changes to the boundaries of the Commonwealth offshore area
82 Licences etc. are not personal property for the purposes of the Personal Property Securities Act 2009
Part 3--Change in control of a licence holder
Division 1--Introduction
83 Simplified outline of this Part
84 Meaning of control and change in control of licence holder
85 Meaning of approval period
Division 2--Application and approval of change in control of a licence holder
86 Application for approval
87 Registrar must decide whether to approve change in control
88 Notice of decision
89 Retention and return of instrument
90 Limit of effect of approval
91 Notification of change in circumstances before or during approval period
92 Revocation of approval
93 Notification of change in control
94 Change in control information to be entered in Register
Division 3--Change in control must be approved
95 Change in control must be approved by Registrar
96 Notification of change in control that takes effect without approval
97 Notification of change in control by licence holder
Division 4--Information-gathering powers
98 Registrar may obtain information and documents
99 Complying with information-gathering notice
100 Power to examine on oath or affirmation
101 Self-incrimination
102 Copies of documents
103 Registrar may retain documents
104 False or misleading information
105 False or misleading documents
106 False or misleading evidence
Division 5--Tracing and anti-avoidance
107 Tracing
108 Anti-avoidance
Division 6--Other provisions
109 Registrar etc. not concerned with the effect of instrument lodged under this Part
110 Falsified documents
111 Inspection of instruments
112 Evidentiary provisions
Chapter 4--Management and protection of infrastructure
Part 1--Management and operation of infrastructure
Division 1--Introduction
113 Simplified outline of this Part
Division 2--Management plans
114 Licensing scheme must provide for management plans
115 Matters that a management plan must address
115A Publication of summaries of plans and management plans
Division 3--Operations
116 Maintenance and removal of property etc. by licence holder
116A Notification of offshore infrastructure activities
Division 4--Financial security
117 Requirement to provide financial security
118 Contravention of requirement to provide financial security
119 Recovery and application of financial security
Part 2--Directions powers
Division 1--Introduction
120 Simplified outline of this Part
Division 2--General power to give directions
121 General power to give directions--Regulator
122 Directions under section 121 may extend outside of licence area
123 Directions under section 121--compliance
124 Regulator may take action if there is a breach of a direction under section 121
Division 3--Remedial directions
125 Remedial directions--power to issue directions under different provisions
126 Remedial directions by the Regulator
127 Remedial directions by the Minister
128 Remedial directions--compliance
129 Regulator may take action if direction breached or arrangement not carried out
130 Removal, disposal or sale of property by Regulator--breach of direction
131 Removal, disposal or sale of property--limitation of action etc.
132 Minister may take action if direction breached or arrangement not carried out
Division 4--Defence of taking reasonable steps to comply with a direction
133 Defence of taking reasonable steps to comply with a direction
Part 3--Protection of infrastructure
Division 1--Introduction
134 Simplified outline of this Part
Division 2--Offence of interfering with infrastructure
135 Interfering with infrastructure
Division 3--Safety zones
Subdivision A--Safety zones
136 Safety zones
137 Determination on Regulator's initiative or in response to application
138 When a determination takes effect
139 Offences of entering or being present in a safety zone
Subdivision B--Authorised safety zone officials and powers in relation to safety zones
140 Authorised safety zone officials
141 Requirement to move vessel etc.
Division 4--Protection zones
Subdivision A--Determinations
142 Regulator may determine a protection zone
143 Determination on Regulator's initiative or in response to application
144 Prohibited activities
145 Restricted activities
146 When a determination takes effect
147 Determination continues in effect even if infrastructure ceases to operate
Subdivision B--Offences in relation to protection zones
148 Engaging in prohibited or restricted activities
149 Defences to offence of engaging in prohibited or restricted activities
150 Master or owner of vessel used in offence of engaging in prohibited or restricted activities
151 Foreign nationals and foreign vessels
Chapter 5--Administration
Part 1--Offshore Infrastructure Registrar
Division 1--Introduction
152 Simplified outline of this Part
Division 2--Offshore Infrastructure Registrar
153 Offshore Infrastructure Registrar
154 Functions of the Registrar
155 Powers of the Registrar
156 Delegation by the Registrar
157 Consultants
158 Registrar to be assisted by APS employees made available
159 Annual report
160 Reviews of activities of Registrar
161 Judicial notice of signature of the Registrar
Division 3--The Register of Offshore Infrastructure Licences
162 Register to be kept
163 Records to be made in Register
164 Entry in Register--events affecting a licence
165 Other instruments or notices to be included in register
166 Notation in Register--applicable datum
167 Material that must not be included in a record for a licence
168 Notification requirements--licence holder
169 Evidentiary provisions
170 Corrections of clerical errors or obvious defects
Division 4--Offshore Infrastructure Registrar Special Account
171 Offshore Infrastructure Registrar Special Account
172 Credits to the Offshore Infrastructure Registrar Special Account
173 Purposes of the Offshore Infrastructure Registrar Special Account
Part 2--Offshore Infrastructure Regulator
Division 1--Introduction
174 Simplified outline of this Part
Division 2--The Regulator
175 The Regulator
176 The CEO of the Regulator
177 Functions of the Regulator
178 Powers of the Regulator
179 Delegation by the Regulator
180 Consultants and persons seconded to the Regulator
181 Minister may require Regulator to prepare reports or give information
182 Minister may give directions to Regulator
183 Additional functions and powers
184 Annual reports
Division 3--Other financial matters
185 Money received by the Regulator
186 Commonwealth payments to the Regulator
187 Application of money of the Regulator
Part 3--Fees and offshore electricity infrastructure levy
188 Simplified outline of this Part
189 Fees
190 Offshore electricity infrastructure levy
Part 4--Compliance and enforcement
Division 1--Introduction
191 Simplified outline of this Part
Division 2--OEI inspectors
192 OEI inspectors--appointment
193 OEI inspectors--directions by Regulator
194 OEI inspectors--reimbursement for exercise of powers relating to the Registrar
Division 3--Monitoring and investigation powers
195 Monitoring powers (general)
196 Investigation powers (general)
197 Monitoring and investigation powers (special provisions)
198 Monitoring powers (entering offshore premises without warrant)
199 Investigation powers (entering offshore premises without warrant)
200 Monitoring and investigation powers (reasonable facilities and assistance)
201 OEI inspections--licence holder's representative
202 Monitoring and investigation powers (relationship with other powers)
203 Obstructing or hindering OEI inspector
204 OEI inspections--reports
Division 4--Compliance powers
205 Do not disturb notices--issue
206 Do not disturb notices--notification and display
207 Prohibition notices--issue
208 Prohibition notices--notification
209 Improvement notices--issue
210 Improvement notices--compliance
211 Tampering with and removing notices
212 Publishing prohibition notices and improvement notices
Division 5--Civil penalties
213 Civil penalty provisions
214 Contravening civil penalty provisions
Division 6--Infringement notices
215 Infringement notices
216 Evidentiary matters
Division 7--Injunctions
217 Injunctions
Division 8--Enforceable undertakings
218 Enforceable undertakings
219 Publication of enforceable undertakings
220 Compliance with enforceable undertaking
221 Listed WHS laws
Division 9--Adverse publicity orders
222 Adverse publicity orders
Division 10--Miscellaneous
223 Physical elements of offences
224 Contravening offence and civil penalty provisions
Chapter 6--Application of work health and safety laws and other laws
Part 1--Work Health and Safety
Division 1--Introduction
225 Simplified outline of this Part
Division 2--Application of the Work Health and Safety Act 2011
226 Application of the Work Health and Safety Act 2011
227 References to Comcare
228 Section 4 (definitions)
229 Section 4 (definition of inspector)
230 Section 12 (scope)
231 Section 12A (Act does not apply to certain vessels, structures and facilities)
232 Division 3 of Part 2 (further duties of persons conducting businesses or undertakings)
233 Section 37 (what is a dangerous incident)
234 Section 90 (provisional improvement notices)
235 Section 92 (contents of provisional improvement notice)
236 Section 102 (decision of inspector on review of provisional improvement notice)
237 Part 7 (workplace entry by WHS entry permit holders)
238 Parts 8 to 11
239 Division 1 of Part 14 (general provisions)
240 Section 274 (approved codes of practice)
241 Schedule 2 (the regulator and local tripartite consultation arrangements and other local arrangements)
242 Schedule 3 (regulation-making powers)
243 Regulations under the Work Health and Safety Act
Division 3--Other work health and safety provisions
244 Functions and powers of OEI inspectors
Part 2--Application of State and Territory laws in Commonwealth offshore area
Division 1--Introduction
245 Simplified outline of this Part
246 Laws that this Part applies to
247 Meaning of included offshore area of a State or Territory
Division 2--Application of State and Territory laws
248 Application of State and Territory laws in offshore areas
249 Disapplication and modification of laws
250 Limit on application of laws
251 Inconsistent law not applied
252 Criminal laws not applied
253 Tax laws not applied
254 Appropriation law not applied
255 Applied laws not to confer Commonwealth judicial power
256 Applied laws not to contravene constitutional restrictions on conferral of powers on courts
257 No limits on ordinary operation of law
258 Jurisdiction of State courts
259 Jurisdiction of Territory courts
260 Validation of certain acts
261 Certain provisions not affected by this Part
Chapter 7--Information relating to offshore infrastructure
Part 1--Managing data and gathering information
Division 1--Introduction
262 Simplified outline of this Part
Division 2--Data management
263 Data management directions--offshore infrastructure activities
264 Data management directions--merit criteria
265 Data management directions--giving a data management direction
266 Minister may give directions to Registrar
267 Complying with data management directions
268 Regulations about data management
Division 3--Information-gathering
269 Information-gathering notices
270 Complying with information-gathering notice
271 Copying documents--reasonable compensation
272 Power to examine on oath or affirmation
273 Self-incrimination
274 Copies of documents
275 Registrar or OEI inspector may retain documents
276 False or misleading information
277 False or misleading documents
278 False or misleading evidence
279 Directions by Registrar
Part 2--Release of regulatory information
280 Simplified outline of this Part
281 Registrar to make documents available to the Minister
Part 3--Release of information given to Registrar
Division 1--Introduction
282 Simplified outline of this Part
Division 2--Protection of confidentiality of information
Subdivision A--Documentary information obtained by the Registrar
283 Protection of confidentiality of documentary information obtained by the Registrar
284 Registrar may make information available to a Minister, a State Minister or a Territory Minister
Subdivision B--Documentary information obtained by a Minister
285 Protection of confidentiality
Subdivision C--Miscellaneous
286 Fees
287 Review by Minister
288 Privacy Act
Division 3--Copyright
289 Publishing or making copies of applicable documents not an infringement of copyright
Part 4--Using and sharing offshore infrastructure information and things
Division 1--Introduction
290 Simplified outline of this Part
291 Scope of Part
Division 2--Regulator's use of offshore infrastructure information or things
292 Purposes for which Regulator may use offshore infrastructure information or things
Division 3--Sharing offshore infrastructure information or things
293 Sharing offshore infrastructure information or things for the purposes of this Act
294 Regulator may share offshore infrastructure information or things with other agencies
295 Personal information
Chapter 8--Miscellaneous
Part 1--Miscellaneous provisions
296 Simplified outline of this Part
297 Review of decisions
298 Application of the Lands Acquisition Act 1989
299 Jurisdiction of State courts
300 Jurisdiction of Territory courts
301 Liability for acts and omissions
302 Compensation for acquisition of property
303 Delegation by Minister
Part 2--Regulations
304 Simplified outline of this Part
305 Regulations
306 Regulations may provide for offences
307 Regulations may provide for approved forms
308 Regulations dealing with the Regulatory Powers Act
309 Pre-existing infrastructure
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
120, 2021 | 2 Dec 2021 | 2 June 2022 (s 2(1) item 1) |
| |
38, 2022 | 13 Sept 2022 | Sch 1 (items 50-54): 14 Sept 2022 (s 2(1) item 1) | -- | |
Offshore Electricity Infrastructure Legislation Amendment Act 2022 | 71, 2022 | 30 Nov 2022 | Sch 2: 1 Dec 2022 (s 2(1) item 1) | -- |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 7 (item 14): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Chapter 1 |
|
Part 2 |
|
s 8..................... | am No 38, 2022; No 71, 2022 |
s 10.................... | am No 71, 2022 |
s 11.................... | am No 71, 2022 |
Chapter 2 |
|
Part 2 |
|
Division 2 |
|
s 19.................... | am No 38, 2022 |
Division 3 |
|
s 22.................... | am No 38, 2022 |
s 23.................... | am No 38, 2022 |
Division 4 |
|
s 26.................... | am No 38, 2022 |
Chapter 3 |
|
Part 2 |
|
Division 2 |
|
s 72.................... | am No 71, 2022 |
Part 3 |
|
Division 4 |
|
s 99.................... | ed C2 |
Chapter 4 |
|
Part 1 |
|
Division 2 |
|
s 114................... | am No 71, 2022 |
s 115A.................. | ad No 71, 2022 |
Division 3 |
|
s 116A.................. | ad No 71, 2022 |
Division 4 |
|
s 117................... | am No 71, 2022 |
Chapter 5 |
|
Part 1 |
|
Division 1 |
|
s 152................... | am No 71, 2022 |
Division 2 |
|
s 153................... | am No 71, 2022 |
s 156................... | am No 71, 2022 |
s 158................... | am No 71, 2022 |
Division 4 |
|
s 171................... | am No 71, 2022 |
Part 3 |
|
s 189................... | am No 71, 2022 |
Part 4 |
|
Division 6 |
|
s 215................... | am No 71, 2022 |
Division 8 |
|
s 219................... | am No 71, 2022 |
Chapter 7 |
|
Part 4 |
|
Division 1 |
|
s 290................... | am No 71, 2022 |
Division 3 |
|
s 293................... | am No 71, 2022 |
Chapter 8 |
|
Part 1 |
|
s 297................... | am No 38, 2024 |
s 303................... | am No 71, 2022 |