Commonwealth Consolidated Acts

OFFSHORE ELECTRICITY INFRASTRUCTURE ACT 2021 - SECT 218

Enforceable provisions

  (1)   The following provisions are enforceable under Part   6 of the Regulatory Powers Act:

  (a)   subsections   77(2) and (3);

  (b)   subsections   78(2) and (3);

  (c)   subsections   95(2) and (3);

  (d)   section   110;

  (e)   subsections   116(4) and (5);

  (f)   subsections   118(2) and (3);

  (g)   subsections   123(2), (3) and (4);

  (h)   subsections   128(2), (3) and (4);

  (i)   subsection   135(1);

  (j)   subsections   141(4), (5), (6) and (7);

  (k)   section   148;

  (l)   subsection   150(1);

  (m)   subsections   168(2) and (3);

  (n)   subsections   201(6) and (7);

  (o)   subsections   203(2) and (3);

  (p)   subsection   205(7);

  (q)   subsection   207(6);

  (r)   subsections   210(2) and (3);

  (s)   subsection   211(3);

  (t)   subsections   267(2) and (3);

  (u)   subsections   270(2) and (3);

  (v)   section   276;

  (w)   section   277;

  (x)   section   278;

  (y)   the following provisions of the Work Health and Safety Act as applied by Part   1 of Chapter   6 of this Act:

  (i)   subsection   31(1);

  (ii)   section   32;

  (iii)   section   33;

  (iv)   subsections   38(1) and (7);

  (v)   subsection   39(1);

  (vi)   section   273.

Note:   Part   6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person

  (2)   For the purposes of Part   6 of the Regulatory Powers Act, each person mentioned in column 1 of an item of the following table is an authorised person in relation to a provision mentioned in column 2 of the item.

Relevant court

  (3)   For the purposes of Part   6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection   (1):

  (a)   the Federal Court;

  (b)   the Federal Circuit and Family Court of Australia (Division   2);

  (c)   the Supreme Court of a State or Territory.

When undertaking must not be accepted

  (4)   An authorised person (within the meaning of Part   6 of the Regulatory Powers Act) must not accept an undertaking that was given by a person (the first person ) under section   114 of that Act in response to an alleged contravention of a listed WHS law if:

  (a)   the alleged contravention contributed, or may have contributed, to the death of another person; or

  (b)   the alleged contravention involved recklessness (within the meaning of the Criminal Code ); or

  (c)   during the previous 5 years, the first person has been convicted of a WHS offence that contributed to the death of another person; or

  (d)   both:

  (i)   during the previous 10 years, the first person has been convicted of 2 or more WHS offences; and

  (ii)   at least 2 of those convictions arose from separate investigations.

  (5)   Subsection   (4) does not apply if there are exceptional circumstances.

  (6)   For the purposes of subsection   (4), WHS offence means an offence against a listed WHS law.

Note:   For the listed WHS laws , see section   221.

Extension to Commonwealth offshore area

  (7)   Part   6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   (1), extends to the Commonwealth offshore area.

Extension to external Territories

  (8)   Part   6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   (1), extends to every external Territory to which this Act extends.

Note:   For the external Territories to which this Act extends, see section   5.