Part 5Miscellaneous

Chapter 5—Miscellaneous 438—State functions under Part 5.1 of Commonwealth Act (1) A State court may exercise any jurisdiction that is conferred on the court by the Commonwealth Act. (2) A State authority may perform any function that it is necessary for the authority to perform to give effect to Part 5.1 of the Commonwealth Act. State authority means— (a) the Governor in Executive Council; (b) a Minister of the Crown in right of the State; (c) a department or other administrative unit of the Public Service of the State; (d) an agency, authority or instrumentality established under a written law of the State; (e) a person holding or exercising the powers of an office established under a written law of the State; (f) an officer or employee of— (i) an agency, authority or instrumentality referred to in paragraph (d); or (ii) a person referred to in paragraph (e); (g) an officer appointed, or a person employed, under any other written law of the State; (h) any other person or entity prescribed by the regulations to be a State authority for the purposes of this section; State court means a court or other tribunal of the State. 439—Delegation by Minister (1) The Minister may by signed instrument delegate to a person the performance of all or any of the functions of the Minister under— (a) this Act; or (b) regulations made under this Act. (2) A delegation under this section may be made to the person who holds, or performs the duties of, a specified office under the Commonwealth or the State. (3) If the Minister delegates the performance of a function under this section, the delegation continues in force despite— (a) a vacancy in the office of Minister; or (b) a change in the identity of the holder of the office of Minister. (4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette. 440—False statements A person must not in connection with— (a) any application or request to the Minister; or (b) the lodgment of any document, under this Act give any information or make any statement— (c) that the person knows to be false in a material particular; or (d) that is false in a material particular and that the person does not believe to be true. Penalty: $10 000. 441—Service of documents on licence holders etc (1) A document that is to be given to a licence holder may be given to the holder by posting it to the address that is the holder's registered address for service. See section 333 for registration of an address for service. (2) A document that is to be given to an applicant for a licence may be given to the applicant by posting it to the address that the applicant specified in the applicant's application for the licence. 442—Regulations (1) The Governor may make regulations prescribing all matters— (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for giving effect to this Act. (2) Without limiting subsection (1), the regulations may provide for— (a) the control of offshore exploration and mining activities; and (b) procedures for giving notice to persons whose interests might be affected by the grant of a licence or special purpose consent; and (c) the conservation and protection of the mineral resources of coastal waters; and (d) the remedying of— (i) damage caused to the seabed or subsoil in coastal waters by offshore exploration and mining activities; or (ii) damage caused by the escape of substances as a result of offshore exploration and mining activities; and (e) the protection of the environment; and (f) the keeping of records and samples; and (g) the giving of records and samples to the Minister for inspection; and (h) the making of returns; and (i) the imposition and recovery of fees for access to reports under section 376. (3) For the purposes of subsection (2), the control of offshore exploration and mining activities extends to the control of— (a) the construction, maintenance and operation of installations used in or for use in offshore exploration and mining activities; and (b) the flow or discharge of fluids arising from offshore exploration and mining activities; and (c) the safety, health and welfare of persons working in offshore exploration and mining activities; and (d) the maintenance of structures, equipment and property used in or for use in offshore exploration and mining activities. (4) For the purposes of subsection (2)(b), interests that might be affected by the grant of a licence include native title rights and interests that might be affected by the grant of the licence. (5) The regulations may provide for offences against the regulations. (6) The penalties provided for offences against the regulations are not to exceed— (a) a fine of $1 000; or (b) a fine of $1 000 for each day on which the offence is taken to continue. (7) In this section— control includes restrict.