Acts of Parliament Assented to - Act No. 36 to 55 of 2013

Overview

The Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 was enacted by the Australian Parliament to address deficiencies in the compliance measures for offshore petroleum activities and greenhouse gas storage, building on the framework established by the Offshore Petroleum and Greenhouse Gas Storage Act 2006. This legislation aims to ensure that activities associated with offshore petroleum exploration and production, as well as greenhouse gas storage, are conducted in a manner that protects the environment and public safety. The act was assented to by Her Excellency the Governor-General on 28 May 2013, reflecting the Parliament's commitment to enhancing regulatory oversight in these critical areas.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006, extending its application to further compliance measures related to offshore petroleum and greenhouse gas storage activities. This Act applies to persons and entities involved in offshore petroleum and greenhouse gas storage operations within Australia's jurisdiction, including both Commonwealth and state waters. The legislation seeks to enhance regulatory oversight and compliance mechanisms for these activities. The Act's scope is further extended through subordinate instruments which provide detailed provisions and regulations necessary to implement the amended Act's provisions effectively.

Key Provisions

The key provisions of the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 (section 2(1)) require companies to implement additional compliance measures and provide more detailed information regarding their activities. This Act amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006 by introducing new requirements for operators to maintain compliance plans, conduct audits, and report on their activities to the relevant authorities. The Act also provides for the issuance of compliance notices and the ability to impose financial penalties for non-compliance (section 3). Entities governed by this Act must ensure that they have proper compliance plans in place and are able to demonstrate their adherence to these plans through regular audits and reports. They must also be prepared to respond to any compliance notices issued by the authorities and to take corrective action where necessary (section 4). Failure to comply with the requirements of this Act may result in financial penalties of up to $1.1 million for corporations and $220,000 for individuals, as well as potential criminal charges in certain circumstances (section 5). The DisabilityCare Australia Fund Act 2013 (section 2) establishes the DisabilityCare Australia Fund, which is designed to provide financial assistance to individuals with a permanent and severe disability. The Act sets out the purposes of the Fund and the criteria for eligibility, as well as the processes for administering and disbursing funds from the Fund (section 3). The Act also outlines the obligations of the Minister for Social Services and the Australian Government Actuary in relation to the Fund, including the requirement to prepare annual reports on the operations of the Fund (section 4). Parties involved in the administration and operation of the DisabilityCare Australia Fund must ensure that they comply with the requirements of the Act, including the proper assessment of applications for assistance and the timely disbursement of funds to eligible recipients (section 5). Failure to comply with the provisions of the Act may result in legal action being taken against the responsible parties, as well as potential financial penalties (section 6). The Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Act 2013 (section 3) introduces a range of new measures designed to combat organised crime and enhance the effectiveness of the Customs and AusCheck agencies. These measures include the introduction of new powers for law enforcement agencies to investigate and prosecute organised crime, as well as increased penalties for certain offences (section 4). The Act also amends existing legislation to improve the sharing of information between agencies and to enhance the ability of these agencies to detect and prevent illicit activities (section 5). Agencies and individuals involved in the enforcement of customs and AusCheck legislation must ensure that they are familiar with the new measures introduced by this Act and that they are able to implement them effectively (section 6). Failure to comply with the provisions of the Act may result in criminal charges being laid against the responsible parties, as well as potential fines and imprisonment (section 7). The maximum penalties for certain offences under this Act are set out in section 8 of the Act.