Sch. 3 cl. 70(1) amended by No. 26/2021 s. 42(72).
(1) If a NOPSEMA inspector seizes a thing under this Subdivision, the NOPSEMA inspector must provide a receipt for the thing.
(2) If 2 or more things are seized or moved, they may be covered in the one receipt.
71 Retention of things seized
Sch. 3 cl. 71(1) amended by Nos 74/2012 s. 49(1), 26/2021 s. 42(73).
(1) If a NOPSEMA inspector seizes a thing under this Subdivision, the NOPSEMA inspector or NOPSEMA may retain it until—
(a) the end of the period of 60 days after the seizure; or
(b) if proceedings for an offence in respect of which the thing may afford evidence are instituted within that period—the proceedings (including any appeal to a court in relation to those proceedings) are completed.
Sch. 3 cl. 71(2) amended by No. 74/2012 s. 49(2)(a).
(2) NOPSEMA may, by written instrument, authorise a thing seized under this Subdivision to be released to the owner, or to the person from whom it was seized, either—
Sch. 3 cl. 71(2)(b) amended by No. 74/2012 s. 49(2)(b).
(b) on such conditions as NOPSEMA thinks fit.
72 Magistrate may permit a thing seized to be retained for a further period
Sch. 3 cl. 72(1) amended by Nos 74/2012 s. 50, 26/2021 s. 42(74).
(1) If a NOPSEMA inspector seizes a thing under this Subdivision, the NOPSEMA inspector or NOPSEMA may apply to a magistrate for an order that the NOPSEMA inspector, or NOPSEMA, as the case may be, may retain the thing for a further period if—
(a) before the end of 60 days after the seizure; or
(b) before the end of a period previously specified in an order of a magistrate under this clause—
proceedings for an offence in respect of which the thing may afford evidence have not been instituted.
Sch. 3 cl. 72(2) amended by Nos 74/2012 s. 50, 26/2021 s. 42(75).
(2) If the magistrate is satisfied that it is necessary for a NOPSEMA inspector, or NOPSEMA, as the case may be, to continue to retain the thing—
(a) for the purposes of an inspection; or
(b) to enable evidence of an offence against a listed OHS law to be secured for the purposes of a prosecution—
the magistrate may order that the NOPSEMA inspector or NOPSEMA may retain the thing for a period (not exceeding 3 years) specified in the order.
Sch. 3 cl. 72(3) amended by Nos 74/2012 s. 50, 26/2021 s. 42(76).
(3) Before making the application, the NOPSEMA inspector, or NOPSEMA, as the case may be, must—
(a) take reasonable steps to discover who has an interest in the retention of the thing; and
Sch. 3 cl. 72(3)(b) amended by Nos 74/2012 s. 50, 26/2021 s. 42(76).
(b) if it is practicable to do so—notify the proposed application to each person whom the NOPSEMA inspector or NOPSEMA believes to have an interest in the retention of the thing.
73 Magistrate may issue warrant
Sch. 3 cl. 73(1) amended by No. 26/2021 s. 42(77)(b).
Sch. 3 cl. 73(1)(a) amended by No. 26/2021 s. 42(77)(a).
Sch. 3 cl. 73(1)(b) amended by No. 26/2021 s. 42(77)(b).
(b) the NOPSEMA inspector believes on reasonable grounds that there is at the facility any evidential material; and
Sch. 3 cl. 73(1)(c) amended by No. 26/2021 s. 42(77)(b).
(c) the NOPSEMA inspector applies to a magistrate, by telephone, fax or other electronic means, for a search warrant under this subclause in relation to the evidential material—
the magistrate may issue a search warrant authorising the NOPSEMA inspector, with such assistance, and by such force, as is necessary and reasonable, to exercise the powers referred to in clause 62(2)(a) to (g) in respect of the evidential material.
Sch. 3 cl. 73(2) amended by No. 26/2021 s. 42(78)(b).
Sch. 3 cl. 73(2)(a) amended by No. 26/2021 s. 42(78)(a).
(a) evidence on oath or affirmation, or by affidavit, is submitted to a magistrate alleging that a NOPSEMA inspector believes on reasonable grounds that there is at a facility or premises or on a vessel any evidential material; and
(b) the evidence sets out those grounds—
the magistrate may issue a search warrant authorising the NOPSEMA inspector named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to—
(c) enter the facility, premises or vessel; and
(d) exercise the powers referred to in clause 63(2)(b) to (i) in respect of the evidential material.
Sch. 3 cl. 73(3) amended by No. 26/2021 s. 42(79).
(3) If, because of circumstances of urgency, a NOPSEMA inspector thinks it necessary to do so, the NOPSEMA inspector may apply to a magistrate for a warrant under subclause (2) by telephone, fax or other electronic means.
Sch. 3 cl. 73(4) amended by No. 26/2021 s. 42(80)(b).
Sch. 3 cl. 73(4)(a) amended by No. 26/2021 s. 42(80)(a).
Sch. 3 cl. 73(4)(b) amended by No. 26/2021 s. 42(80)(b).
(b) the NOPSEMA inspector believes on reasonable grounds that there is on a vessel any evidential material that relates to the listed OHS law covered by section 700(a); and
Sch. 3 cl. 73(4)(c) amended by No. 26/2021 s. 42(80)(b).
(c) the NOPSEMA inspector applies to a magistrate, by telephone, fax or other electronic means, for a search warrant under this subclause in relation to the evidential material—
the magistrate may issue a search warrant authorising the NOPSEMA inspector named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to—
(d) enter the vessel; and
(e) exercise the powers referred to in clauses 63(2)(b) to (i) in respect of the evidential material.
74 Reasonable grounds for issuing warrant etc.
A magistrate must not issue a warrant under clause 73 unless—
(a) the informant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
75 Contents of warrant
(1) A warrant issued under clause 73 must state—
Sch. 3 cl. 75(1)(a) amended by No. 26/2021 s. 42(81).
(a) the name of the NOPSEMA inspector; and
(b) in the case of a warrant issued under clause 73(1)—whether the search may be carried out at any time or only during specified hours of the day; and
(c) in the case of a warrant issued under clause 73(2) or (4)—whether the entry or search may be carried out at any time or only during specified hours of the day; and
(d) a description of the kind of things to be seized; and
(e) the day on which the warrant ceases to have effect; and
(f) the purpose for which the warrant is issued.
(2) The day specified under subclause (1)(e) is not to be more than 7 days after the day on which the warrant is issued.
(3) The purpose specified under subclause (1)(f) must include the identification of the facility, premises or vessel in relation to which the warrant is issued.
(4) A warrant must be issued in accordance with the Magistrates' Court Act 1989 and must be in the form set out in the regulations under that Act.
(5) Subject to any provision to the contrary in this Act, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this clause.
76 Provisions relating to issue of warrant by telephone etc.
(1) This clause applies to an application for a warrant under clause 73(1), (2) or (4) if the application is made by telephone, fax or other electronic means.
Sch. 3 cl. 76(2) amended by No. 26/2021 s. 42(82)(a).
(2) Before making the application, a NOPSEMA inspector must prepare an affidavit that—
Sch. 3 cl. 76(2)(a) amended by No. 26/2021 s. 42(82)(b).
(a) alleges that the NOPSEMA inspector believes on reasonable grounds that there is at a facility or premises or on a vessel any evidential material; and
(b) sets out those grounds.
Sch. 3 cl. 76(3) amended by No. 26/2021 s. 42(83).
(3) The affidavit must be on oath or affirmation. However, the NOPSEMA inspector may, if it is necessary to do so, make the application before the affidavit has been sworn or affirmed.
(4) If the magistrate to whom an application is made is satisfied—
(a) after having considered the terms of the affidavit prepared under subclause (2); and
(b) after having received any further affidavit that the magistrate requires concerning the grounds on which the issue of the warrant is being sought—
that there are reasonable grounds for issuing the warrant, the magistrate must complete and sign such a search warrant.
(5) If the magistrate signs a warrant under subclause (4)—
(a) the magistrate must—
Sch. 3 cl. 76(5)(a)(i) amended by No. 26/2021 s. 42(83).
(i) inform the NOPSEMA inspector of the terms of the warrant; and
Sch. 3 cl. 76(5)(a)(ii) amended by No. 26/2021 s. 42(83).
(ii) inform the NOPSEMA inspector of the day on which and the time at which the warrant was signed; and
Sch. 3 cl. 76(5)(a)(iii) amended by No. 26/2021 s. 42(83).
(iii) inform the NOPSEMA inspector of the day (not more than 7 days after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and
(iv) record on the warrant the reasons for issuing the warrant; and
Sch. 3 cl. 76(5)(b) amended by No. 26/2021 s. 42(83).
(b) the NOPSEMA inspector must—
(i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and
(ii) write on it the magistrate's name and the day on which and the time at which the warrant was signed.
Sch. 3 cl. 76(6) amended by No. 26/2021 s. 42(83).
(6) The NOPSEMA inspector must, not later than the day after the date of expiry or execution of the warrant, whichever is the earlier, send to the magistrate—
Sch. 3 cl. 76(6)(a) amended by No. 26/2021 s. 42(83).
(a) the form of warrant completed by the NOPSEMA inspector; and
(b) the affidavit duly sworn or affirmed in connection with the warrant.
(7) On receiving the documents referred to in subclause (6), the magistrate must—
(a) attach to them the warrant signed by the magistrate; and
(b) deal with the documents in the way that the magistrate would have dealt with the affidavit if the application for the warrant had been made otherwise than by telephone, fax or other electronic means.
Sch. 3 cl. 76(8) amended by No. 26/2021 s. 42(84).
(8) A form of warrant duly completed by a NOPSEMA inspector under subclause (5), if it is in accordance with the terms of the warrant signed by the magistrate, is authority for a seizure or other exercise of a power that the warrant so signed authorises.
77 Proceedings involving warrant issued by telephone etc.
If—
(a) it is material in any proceedings for a court to be satisfied that a seizure or other exercise of power was authorised in accordance with clause 76; and
(b) a warrant signed by a magistrate under clause 76 authorising the seizure or other exercise of power is not produced in evidence—
the court is to assume, unless the contrary is proved, that the seizure or other exercise of power was not authorised by such a warrant.
78 This Subdivision does not limit other powers
(1) This Subdivision does not limit Subdivision 1.
(2) In particular, this Act does not prevent the concurrent exercise of powers under this Subdivision and Subdivision 1.
Section 70 - Offshore Petroleum and Greenhouse Gas Storage Act 2010 - Receipts for things seized | Zoe