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Report Details


Committee Name:

Uniform Legislation and General Purposes Committee (2002 - 2005)

House:

Legislative Council
Report Type:Report

Title:

Petroleum Legislation Amendment and Repeal Bill 2005
Report No:25
No of Pages:34
Physical Location:Legislative Council Committee Office

Presentation Date:

06/21/2005
Inquiry Name(s):Petroleum Legislation Amendment and Repeal Bill 2005


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Hide details for Executive Summary and RecommendationsExecutive Summary and Recommendations
Executive Summary

1. The constitutional division of powers between the States and the Commonwealth has meant that the relevant health and safety regime for offshore petroleum operations has been determined by whether the facility lies in Commonwealth or State waters. The August 2001 Report by the Commonwealth Department of Industry, Science and Resources - Future Arrangements for the Regulation of Offshore Petroleum Safety, found that the boundaries between the various regimes were unclear and the application of those regimes was inconsistent.

2. In September 2002, the Ministerial Council on Mineral and Petroleum Resources agreed to the creation of a national regulatory authority, the National Offshore Petroleum Safety Authority, with a uniform health and safety regime applying in Commonwealth, State and Northern Territory waters. The agreement required a uniform legislative scheme to be implemented in each jurisdiction and the Petroleum Legislation Amendment and Repeal Bill 2005 is part of that scheme.

3. Part 4 of the Bill seeks to implement the uniform legislative scheme and Parts 2 and 3 seek to apply a consistent regime to the onshore petroleum industry.

4. In light of the reporting time frame, the Uniform Legislation and General Purposes Committee focused its inquiry on Part 4 of the Bill and the application of uniform scrutiny principles. The Committee has made recommendations that during debate on the Bill, the responsible Minister explain the purpose or operation of specific clauses in Part 4.

5. The Committee draws the attention of the Legislative Council to the fact that the clauses referred to in its recommendations regarding Part 4 of the Bill are replicated in Parts 2 and 3. For this reason, the Committee has also recommended that consideration of certain clauses in Parts 2 and 3 of the Bill be deferred until after consideration of the equivalent clauses in Part 4.

6. As some of the recommendations relate to clauses in proposed Schedule 5, which is to be inserted by clause 47 of the Bill, the Committee has also recommended that proposed Schedule 5 in clause 47 be considered by the Committee of the Whole, in parts.

7. The Committee also draws the attention of the Legislative Council to the following matters which are canvassed in the Report:

• clause 45(2), proposed section 152(2c) - adoption and application of regulations (paragraphs 7.25 to 7.28);

• clause 47, proposed Schedule 5 (clauses 49 to 52) - search and entry provisions (paragraphs 7.29 to 7.37);

• clause 47, proposed Schedule 5 (clause 56) - self-incrimination (paragraphs 7.45 to 7.52);

• issues of uniformity (paragraphs 8.1 to 8.3); and

• conceptual and grammatical issues (paragraphs 8.4 to 8.7).

Recommednations

8. Recommendations appear at the page number indicated below.

Page 12
Recommendation 1: The Committee recommends that during debate on the Petroleum Legislation Amendment and Repeal Bill 2005, the responsible Minister advise the Legislative Council:

• why the laws of the State to be disapplied have not been listed in clause 36 (proposed section 15A); and

• if it is necessary to prescribe the occupational safety and health laws in regulations, why a ‘sunset clause’ has not been included on the power to make those regulations.

Depending upon the advice of the responsible Minister, the Legislative Council may wish to consider inserting a sunset clause on the regulation making power in clause 36 (proposed section 15A(3)). This could be effected as follows:
Page 183, line 19 - To insert -

(4) Regulations referred to in subsection (3) cannot be made more than 12 months after the day on which this section comes into operation.
”.

Page 12
Recommendation 2: The Committee recommends that during consideration of the Petroleum Legislation Amendment and Repeal Bill 2005 in Committee of the Whole, consideration of clause 5 (proposed section 7AA) and clause 20 (proposed section 5AA) be deferred until after consideration of clause 36 (proposed section 15A).

Page 15
Recommendation 3: The Committee recommends that during debate on the Petroleum Legislation Amendment and Repeal Bill 2005, the responsible Minister advise the Legislative Council why clause 43 (proposed section 137A) is required, given that it is not part of the uniform scheme.

Page 15
Recommendation 4: The Committee recommends that during consideration of the Petroleum Legislation Amendment and Repeal Bill 2005 in Committee of the Whole, consideration of clause 13 (proposed section 126A) and clause 29 (proposed section 66BB) be deferred until after consideration of clause 43 (proposed section 137A).

Page 16
Recommendation 5: The Committee recommends that during debate on the Petroleum Legislation Amendment and Repeal Bill 2005, the responsible Minister advise the Legislative Council why, unlike the equivalent provision in other jurisdictions, clause 44 (proposed section 151C(e)) refers to “written law” rather than “regulation”.

Page 16
Recommendation 6: The Committee recommends that during consideration of the Petroleum Legislation Amendment and Repeal Bill 2005 in Committee of the Whole, consideration of clauses 4 and 19 be deferred until after consideration of clause 44 (proposed section 151C(e)).

Page 19
Recommendation 7: The Committee recommends that during debate on the Petroleum Legislation Amendment and Repeal Bill 2005, the responsible Minister advise the Legislative Council of the circumstances encompassed by the phrase “reasonable excuse” in clause 47, proposed Schedule 5 (clause 55(5)) including whether that phrase is intended to include legal professional privilege.

Page 20
Recommendation 8: The Committee recommends that during consideration of the Petroleum Legislation Amendment and Repeal Bill 2005 in Committee of the Whole, consideration of clause 17, proposed Schedule 1 (clause 54(5)) and clause 32, proposed Schedule 1 (clause 54(5)) be deferred until after consideration of clause 47, proposed Schedule 5 (clause 55(5)).

Page 23
Recommendation 9: The Committee recommends that during debate on the Petroleum Legislation Amendment and Repeal Bill 2005, the responsible Minister advise the Legislative Council why clause 47, proposed Schedule 5 (clause 82(2)), is required.

Page 23
Recommendation 10: The Committee recommends that during consideration of the Petroleum Legislation Amendment and Repeal Bill 2005 in Committee of the Whole, consideration of clause 17, proposed Schedule 1 (clause 81(2)) and clause 32, proposed Schedule 1 (clause 81(2)) be deferred until after consideration of clause 47, proposed Schedule 5 (82(2)).

Page 25
Recommendation 11: The Committee recommends that clause 47, proposed Schedule 5 of the Petroleum Legislation Amendment and Repeal Bill 2005 be considered by the Committee of the Whole, in parts.

Page 25
Recommendation 12: The Committee commends its report to the House for consideration.