Commonwealth Consolidated Acts Commonwealth Consolidated ActsProvisions subject to monitoring
(1) The listed NOPSEMA laws are subject to monitoring under Part 2 of the Regulatory Powers Act.
Note 1: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the listed NOPSEMA laws have been complied with. It includes powers of entry, search and inspection.
Note 2: For the listed NOPSEMA laws , see section 601.
Information subject to monitoring
(2) Information given in compliance or purported compliance with one or more of the listed NOPSEMA laws is subject to monitoring under Part 2 of the Regulatory Powers Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry, search and inspection.
Related provisions
(3) For the purposes of Part 2 of the Regulatory Powers Act, each of the following is related to the listed NOPSEMA laws and the information mentioned in subsection (2):
(a) a provision for an offence against this Act;
(b) a civil penalty provision under this Act;
(c) a provision for an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.
Authorised applicant
(4) For the purposes of Part 2 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised applicant in relation to both of the following:
(a) the listed NOPSEMA laws;
(b) the information mentioned in subsection (2).
(5) For the purposes of Part 2 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised person in relation to both of the following:
(a) the listed NOPSEMA laws;
(b) the information mentioned in subsection (2).
Issuing officer
(6) For the purposes of Part 2 of the Regulatory Powers Act, a magistrate, or a Judge of the Federal Circuit and Family Court of Australia (Division 2), is an issuing officer in relation to both of the following:
(a) the listed NOPSEMA laws;
(b) the information mentioned in subsection (2).
Relevant chief executive
(7) For the purposes of Part 2 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to both of the following:
(a) the listed NOPSEMA laws;
(b) the information mentioned in subsection (2).
Relevant court
(8) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the listed NOPSEMA laws and the information mentioned in subsection (2):
(a) the Federal Court;
(b) the Federal Circuit and Family Court of Australia (Division 2);
(c) the Supreme Court of a State or Territory.
Person assisting
(9) For the purposes of Part 2 of the Regulatory Powers Act, a NOPSEMA inspector may be assisted by a member (or members) of the staff of NOPSEMA in exercising powers or performing functions in relation to both of the following:
(a) the listed NOPSEMA laws;
(b) the information mentioned in subsection (2).
Extension to offshore areas
(10) Part 2 of the Regulatory Powers Act extends to each offshore area, in the application of that Part in relation to both of the following:
(a) the listed NOPSEMA laws;
(b) the information mentioned in subsection (2).
Extension to external Territories
(11) Part 2 of the Regulatory Powers Act extends to each external Territory referred to in section 34, in the application of that Part in relation to both of the following:
(a) the listed NOPSEMA laws;
(b) the information mentioned in subsection (2).
Note 1: Under Schedule 2A to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring environmental management laws.
Note 1A: Under Schedule 2B to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring well integrity laws.
Note 2: Under Schedule 3 to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring listed OHS laws.