Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 597

Power to remove, dispose of or sell property

  (1)   If a direction under subsection   596(3) or (4) has been breached in relation to property, the responsible Commonwealth Minister may do any or all of the following things:

  (a)   in the case of a direction under subsection   596(3)--remove, in such manner as the responsible Commonwealth Minister thinks fit, any or all of that property from the licence area concerned;

  (b)   in the case of a direction under subsection   596(4)--remove, in such manner as the responsible Commonwealth Minister thinks fit, any or all of that property from the vacated area concerned;

  (c)   dispose of, in such manner as the responsible Commonwealth Minister thinks fit, any or all of that property;

  (d)   if, under subsection   596(6), a person was given a copy of the notice of the direction--sell, by public auction or otherwise, as the responsible Commonwealth Minister thinks fit, any or all of that property that belongs, or that the responsible Commonwealth Minister believes to belong, to that person.

Deduction of costs and expenses etc. from proceeds of sale

  (2)   The responsible Commonwealth Minister may deduct, from the proceeds of a sale under subsection   (1) of property that belongs (or that the responsible Commonwealth Minister believes to belong) to a particular person, the whole or a part of:

  (a)   any costs and expenses incurred by the responsible Commonwealth Minister under that subsection in relation to that property; and

  (b)   any costs and expenses incurred by the responsible Commonwealth Minister in relation to the doing of any thing required by a direction under section   593 or 595 to be done by that person; and

  (c)   any fees or amounts payable by that person under this Act, so long as the fee or amount concerned is due and payable; and

  (d)   any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:

  (i)   section   5;

  (ii)   section   7;

  (iii)   section   9;

  (iv)   section   10A;

  (v)   section   10C;

  (vi)   section   10E;

  (vii)   section   10F;

    so long as the amount concerned is due and payable.

Balance of proceeds of sale to be paid to owner of property

  (3)   The proceeds of a sale of property under subsection   (1), less any deductions under subsection   (2), are to be paid to the owner of the property.

Recovery of costs and expenses--removal, disposal or sale of property

  (4)   If the responsible Commonwealth Minister incurs any costs or expenses under subsection   (1) in relation to the removal, disposal or sale of property, the costs or expenses:

  (a)   are a debt due by the owner of the property to the Commonwealth; and

  (b)   to the extent to which they are not recovered under subsection   (2)--are recoverable in:

  (i)   the Federal Court; or

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

  (iii)   a court of a State or Territory that has jurisdiction in relation to the matter.

Recovery of costs and expenses--breach of direction

  (5)   If the responsible Commonwealth Minister incurs costs or expenses in relation to the doing of anything required by a direction under section   593 or 595 to be done by a person who is or was subject to the direction, the costs or expenses:

  (a)   are a debt due by the person to the Commonwealth; and

  (b)   to the extent to which they are not recovered under subsection   (2)--are recoverable in:

  (i)   the Federal Court; or

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

  (iii)   a court of a State or Territory that has jurisdiction in relation to the matter.