18Constitutional limitations—security regulated offshore facilities

18 Constitutional limitations—security regulated offshore facilities

The Minister must not direct the Inspector to inquire into an offshore security matter in relation to a security regulated offshore facility or security regulated offshore facilities unless: (a) the matter relates to a security regulated offshore facility that is, or security regulated offshore facilities that are, used in trade or commerce with other countries or among the States; or (b) the matter affects or involves a security regulated offshore facility that is, or security regulated offshore facilities that are: (i) outside Australia; or (ii) within a Territory; or (iii) owned or operated by a constitutional corporation or Commonwealth entity; or (c) the matter occurs in a Territory; or (d) the matter: (i) demonstrates, or is reasonably likely to demonstrate, a problem with the security of a security regulated offshore facility, or security regulated offshore facilities, that would have a substantial adverse effect in a Territory; or (ii) suggests, or is reasonably likely to suggest, a systemic failure or weakness in the way in which the security of a security regulated offshore facility, or security regulated offshore facilities are regulated, that would have a substantial adverse effect in a Territory; or (iii) has, or is reasonably likely to have, implications for the security of a security regulated offshore facility, or security regulated offshore facilities, that would have a substantial adverse effect in a Territory; or (e) a State referral of power is in operation in relation to the matter; or (f) inquiry into a matter of that kind gives effect to an international agreement; or (g) inquiry into a matter of that kind is a matter of international concern; or (h) the direction is made for the purpose of improving the security of security regulated offshore facilities and the Parliament has the power to make laws in relation to the matter on any other basis.