602CListed NOPSEMA laws—monitoring powers (general)

602C Listed NOPSEMA laws—monitoring powers (general)

Provisions 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 (see section 20 of that Act).

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 (see section 20 of that Act).

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). Authorised person (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 Court, 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 Court; (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).

Note: Under Schedule 3 to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring listed OHS laws, environmental management laws and structural integrity laws.