Commonwealth Consolidated Acts Commonwealth Consolidated ActsOffshore Petroleum and Greenhouse Gas Storage Act 2006
1 Section 4
Omit:
substitute:
2 Section 7 ( paragraph ( a) of the definition of responsible State Minister )
Repeal the paragraph, substitute:
(a) whichever of the following applies:
( i ) the Minister of the State (other than Tasmania) who is authorised under a law of the State to perform the functions, and exercise the powers, of a member of the Joint Authority for the State under this Act;
(ii) the Minister of Tasmania who is responsible for the State PSLA for Tasmania, within the meaning of Part 6.9 (see section 643); or
3 Subsection 56(2)
After "area of a State", insert "(other than Tasmania)".
4 After subsection 56(2)
Insert:
(2A) The responsible Commonwealth Minister is the Joint Authority for the offshore area of Tasmania. That Joint Authority is to be known as the Commonwealth - Tasmania Offshore Petroleum Joint Authority.
5 Subsection 56(6)
Omit ", and", substitute ". That Joint Authority".
6 Subsection 56(8)
Omit "and is to be known as", substitute "and such a Joint Authority is to be known as".
7 Subsections 58(1) and 59(1)
After "State", insert "(other than Tasmania)".
8 Section 60
After "State" (first occurring), insert "(other than Tasmania)".
9 Subsection 61(2)
After "State", insert "(other than Tasmania)".
10 Before paragraph 61(2A)(a)
Insert:
( aa ) Tasmania; or
11 Subsection 64(1) (heading)
Repeal the heading, substitute:
Joint Authority for a State (other than Tasmania) or the Northern Territory
12 Subparagraphs 64(1)(a)( i ) and (ii)
After "State", insert "(other than Tasmania)".
13 After subsection 64(1)
Insert:
Joint Authority for Tasmania
(1A) All courts must take judicial notice of:
(a) the signature of a person who is, or has been:
( i ) the Joint Authority for Tasmania; or
(ii) a delegate of the Joint Authority for Tasmania; and
(b) the fact that the person is, or was at a particular time:
( i ) the Joint Authority for Tasmania; or
(ii) a delegate of the Joint Authority for Tasmania.
14 Section 66 (heading)
Repeal the heading, substitute:
66 Delegation by a Joint Authority for a State (other than Tasmania) or the Northern Territory
15 Subsection 66(1)
After "State" (first occurring), insert "(other than Tasmania)".
16 Paragraph 66(1)(b)
Repeal the paragraph, substitute:
(b) an employee of the relevant State, or of the Northern Territory, as the case requires.
17 After section 66
Insert:
66A Delegation by Joint Authority for Tasmania
(1) The Joint Authority for Tasmania may, by written instrument, delegate to a person any or all of the functions or powers of the Joint Authority under this Act or the regulations.
Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901 .
(2) If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:
(a) a vacancy in the office of Joint Authority; or
(b) a change in the identity of the holder of the office of Joint Authority.
(3) Despite subsection ( 2), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901 .
(4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette .
(5) A Joint Authority may delegate a function or power to an APS employee only if the APS employee is an SES employee or acting SES employee.
Note: The expressions APS employee , SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
18 Previously constituted Joint Authority for Tasmania
(1) This item applies to an act or thing that was done for the purposes of the Offshore Act by, or in relation to, the Joint Authority for Tasmania as constituted before the commencement of this Schedule.
(2) On and after the commencement of this Schedule, the act or thing has effect, and the Offshore Act (as amended by this Schedule) applies accordingly, as if the act or thing had been done by, or in relation to, the Joint Authority for Tasmania as constituted immediately after that commencement.
(3) However, sections 61 and 64 of the Offshore Act, as in force immediately before the commencement of this Schedule, continue to apply on and after that commencement in relation to records and other documents signed by a person in the person's capacity as a member of the Joint Authority for Tasmania as constituted before that commencement.
(4) In this item:
Offshore Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , and includes legislative instruments and other instruments made under, or for the purposes of, that Act.
19 Transitional regulations
The Governor - General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by this Schedule.