33Remittal or refund of levy—safety case in force in relation to mobile facilities that operate on an intermittent basis

33 Remittal or refund of levy—safety case in force in relation to mobile facilities that operate on an intermittent basis

Purpose (1) This section is made for the purposes of subsections 687(1) and (2) of the OPGGS Act. Remittal of levy (2) NOPSEMA must remit part of an amount of safety case levy imposed on a safety case in respect of a year if: (a) the safety case is in force in relation to a mobile facility during the year; and (b) at the end of a quarter (the relevant quarter) in the year, an instalment of levy imposed on the safety case is payable in accordance with section 23 or 31; and (c) the facility did not operate in NOPSEMA waters on one or more days in the relevant quarter; and (d) the instalment has not been paid. Refund of levy (3) The Commonwealth must refund part of an amount of safety case levy imposed on a safety case in respect of a year if: (a) the safety case is in force in relation to a mobile facility during the year; and (b) at the end of a quarter (the relevant quarter) in the year, an instalment of levy imposed on the safety case is payable in accordance with section 23 or 31; and (c) the facility did not operate in NOPSEMA waters on one or more days in the relevant quarter; and (d) the instalment has been paid. Amounts to be remitted or refunded (4) Subject to subsection (7), the amount under subsection (6) for the relevant quarter for the facility must be remitted or refunded. (5) Subject to subsection (9), the amount under subsection (8) for the relevant quarter for the safety case must be remitted or refunded. Amounts of facility amount (6) The amount under this subsection for the relevant quarter for the facility is worked out using the formula: Start formula Quarterly facility amount for the facility and the relevant quarter times start fraction Number of days not operated over Number of days in relevant quarter end fraction end formula where:

number of days not operated means the number of days in the relevant quarter that:

(a) the safety case was in force in relation to the facility; and
(b) the facility did not operate in NOPSEMA waters.

(7) A part of an amount under subsection (6) for the facility must not be remitted or refunded if the remittal or refund of the part would have the effect that the total of the amounts under subsection (6) for the facility remitted or refunded for the 4 consecutive quarters ending at the end of the relevant quarter exceeds the total of the quarterly facility amounts for the facility and the 3 consecutive quarters ending immediately before the relevant quarter. Amounts of SMS amount (8) The amount under this subsection for the relevant quarter for a safety case is worked out using the formula: Start formula Quarterly SMS amount for the safety case and the relevant quarter times start fraction Number of days not operated over Number of days in relevant quarter end fraction end formula where: