11Extended operation of certain State and Territory Laws

11 Extended operation of certain State and Territory Laws

(1) If, because of the operation of subsection 59(1) of the Offshore Petroleum Act 2006, the gas pipelines access legislation of a State or of the Northern Territory also applies, as a law of the Commonwealth, in the offshore area in respect of that State or Territory, then: (a) subject to subsection (2), any act or thing done, including an act or thing that is taken to have been done, for the purposes of the gas pipelines access legislation of that State or Territory, is taken also to be done or to have been done for the purposes of that legislation as so applying; and (b) subject to subsection (3), that legislation as so applying is to be administered by the same persons or bodies, and in the same manner, as that law is administered within the limits of the State or Territory. (2) If: (a) an act or thing was done for the purposes of a law of a State or Territory (whether before or after the commencement of the gas pipelines access legislation of that State or Territory); and (b) the act or thing is, for the purposes of a law of the State or Territory, taken to have been done for the purposes of the gas pipelines access legislation of that State or Territory; the act or thing is taken, under paragraph (1)(a), to have been done under the gas pipelines access legislation applying in the offshore area in respect of that State or Territory only if the Commonwealth Minister determines in writing that the act or thing is to be taken to have that effect. (3) Subject to subsection (4), if any payment (including fees, charges or pecuniary penalties) (an applicable payment) is received by the State or Territory referred to in subsection (1), or by an authority of that State or Territory, under the gas pipelines access legislation as so applying: (a) the applicable payment is taken to have been received on behalf of the Commonwealth and must be paid to the Commonwealth by that State or Territory or that authority; and (b) the Commonwealth must pay to the State or Territory, or to that authority, an amount equal to the applicable payment. (4) A payment under paragraph (3)(a) may be set off against a payment under paragraph (3)(b) but the Commonwealth must show, for accounting purposes, the full amount of each payment made under each of those paragraphs. (5) If, in accordance with an Act of the Commonwealth, the gas pipelines access legislation of a State, the Australian Capital Territory or the Northern Territory is in force in an external Territory and its offshore area, or in the Jervis Bay Territory, then: (a) subject to subsection (6), any act or thing done, including any act or thing that is taken to have been done, for the purposes of the gas pipelines access legislation of that State, the Australian Capital Territory or the Northern Territory, is taken also to be done, or to have been done, for the purposes of that legislation as so in force; and (b) subject to subsection (7), that legislation as so in force is to be administered by the same persons or bodies, and in the same manner, as that law is administered within the limits of the State, the Australian Capital Territory or the Northern Territory, as the case may be. (6) If: (a) an act or thing was done for the purposes of a law of a State, the Australian Capital Territory or the Northern Territory (whether before or after the commencement of the gas pipelines access legislation of that State or Territory); and (b) the act or thing is, under a law of that State or Territory, taken to have been done for the purposes of the gas pipelines access legislation of that State or Territory; the act or thing is taken, under paragraph (5)(a), to have been done for the purposes of the gas pipelines access legislation as in force in an external Territory and its offshore area only if the Commonwealth Minister determines in writing that the act or thing is to be taken to have that effect. (7) Subject to subsection (8), if any payment (including fees, charges or pecuniary penalties) (an applicable payment) is received by the State, the Australian Capital Territory or the Northern Territory referred to in subsection (5), or by an authority of that State or Territory, under the gas pipelines access legislation as in force in an external Territory and its offshore area: (a) the applicable payment is taken to have been received on behalf of the Commonwealth and must be paid to the Commonwealth by that State or Territory or by that authority; and (b) the Commonwealth must pay to the State or Territory, or to that authority, an amount equal to the applicable payment. (8) A payment under paragraph (7)(a) may be set off against a payment under paragraph (7)(b) but the Commonwealth must show, for accounting purposes, the full amount of each payment made under each of those paragraphs. (9) The Consolidated Revenue Fund of the Commonwealth is appropriated for the purpose of making the payments provided for in paragraphs (3)(b) and (7)(b). (10) The Commonwealth Minister must cause a copy of each determination under subsection (2) or (6) to be laid before each House of the Parliament within 5 sitting days of that House after the determination was made. (11) Nothing in this section affects, by implication, the application of any other law of a State, the Australian Capital Territory or the Northern Territory, under another provision of an Act, in: (a) an external Territory; or (b) the offshore area in respect of a State or Territory; or (c) the Jervis Bay Territory. (12) A reference in this section to an act or thing done or taken to have been done includes a reference to a decision made or taken to have been made.