5Imposition of safety investigation levy—Commonwealth waters

5 Imposition of safety investigation levy—Commonwealth waters

(1) If: (a) a notifiable accident or occurrence happens in relation to a facility located in Commonwealth waters; and (b) a NOPSEMA inspector begins to conduct a compliance investigation in relation to the notifiable accident or occurrence; and (c) the condition or conditions specified in the regulations are satisfied; levy is imposed on the notifiable accident or occurrence. (2) Levy imposed by subsection (1) is to be known as safety investigation levy. (3) Safety investigation levy imposed by subsection (1) is payable by the operator of the facility. (4) Safety investigation levy is not payable under subsection (1) unless regulations are in force for the purposes of paragraph (1)(c).

Note: For collection of safety investigation levy, see section 686 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Amount of safety investigation levy (5) The amount of safety investigation levy imposed by subsection (1) in respect of a notifiable accident or occurrence is the amount that is specified in, or worked out in accordance with, the regulations. (6) The regulations may specify different amounts of safety investigation levy, or different means of working out amounts of safety investigation levy, in relation to different kinds of notifiable accident or occurrence. (7) Subsection (6) does not limit subsection 33(3A) of the Acts Interpretation Act 1901. Definitions (8) In this section:

accident has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

dangerous occurrence has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

facility has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

notifiable accident or occurrence, in relation to a facility, means an accident or dangerous occurrence:

(a) at or near the facility; and
(b) that is required to be notified to NOPSEMA by the operator under clause 82 of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

operator, in relation to a facility, has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.