Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations (Amendment) 1997 No. 296
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 296
Issued by the Authority of the Minister for Resources and Energy
Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations (Amendment)
Subsection 157(1) of the Petroleum (Submerged Lands) Act 1967 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subregulation 39(1) of the Petroleum (Submerged Lands) (Management of Safety On Offshore Facilities) Regulations (the Regulations) ensures a person is not punished for more than one offence in respect of the same act or omission in relation to the management of safety on offshore petroleum facilities. Subregulation 39(2) ensures a person is not prevented from being punished for two or more offences; merely because a particular act or omission is a common element of each of the offences (for example where offence 'A' has elements 1, 2 and 3, and offence 'B' has elements 3, 4 and 5.).
The proposed amendment will omit Subregulation 39(2) from the Regulations which came into effect on 30 December 1996 (Statutory Rules 1996 No. 298).
After these regulations were introduced, the Senate Standing Committee on Regulations and Ordinances drew attention to the fact that subregulation 39(2) appeared to take away a lot of the protection given by subregulation 39(1) against liability to be-punished more than once for the same act or omission.
The matters raised by the Standing Committee were referred to the Office of Legislative Drafting and the Criminal Law Branch of the Attorney-General's Department for consideration and advice was subsequently received confirming the possible problem highlighted by the Standing Committee.
Details of the regulations are set out below.
Regulation 1 provides for the amendment of the Regulations.
Regulation 2 provides for the omission of subregulation 39 (2)
The Regulations commence on gazettal.
Overview
The Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations (Amendment) 1997 No. 296 was enacted to address a problem identified by the Senate Standing Committee on Regulations and Ordinances regarding the existing provisions of the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996. The primary issue was that subregulation 39(2) appeared to undermine the protections provided by subregulation 39(1) against the risk of being punished more than once for the same act or omission in relation to the management of safety on offshore petroleum facilities. In response to this concern, the Minister for Resources and Energy issued these regulations under the authority granted by subsection 157(1) of the Petroleum (Submerged Lands) Act 1967. The policy objective is to ensure that the regulatory framework adequately protects individuals from multiple punishments for the same act or omission, thereby maintaining the integrity and fairness of the legal process concerning offshore safety management.
Scope and Application
The Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations (Amendment) 1997 No. 296 applies to all individuals, companies, and entities involved in the management of safety on offshore petroleum facilities within Australia's jurisdiction, including Commonwealth waters. These regulations amend the existing Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996, specifically by omitting Subregulation 39(2) which had been identified as potentially undermining the protections provided by Subregulation 39(1). Subregulation 39(1) ensures that a person cannot be punished more than once for the same act or omission, while Subregulation 39(2) had been seen to dilute this protection by allowing for multiple punishments where different offences shared a common element. The amendment is aimed at preserving the integrity of the regulatory framework by ensuring that individuals and entities are not subject to multiple punishments for overlapping elements within the same act or omission. The changes take effect upon gazettal, thereby updating the regulatory framework to align with legislative intent and address identified issues.
Key Provisions
The Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations (Amendment) 1997 No. 296, amends the existing regulations under the Petroleum (Submerged Lands) Act 1967 by omitting subregulation 39(2) of the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations (the Regulations). This amendment responds to concerns raised by the Senate Standing Committee on Regulations and Ordinances regarding the potential for individuals to be punished more than once for the same act or omission, despite the protections provided by subregulation 39(1). The amendment seeks to preserve the integrity of the legislative intent to avoid multiple punishments for the same conduct.
The Regulations, as amended, impose obligations on operators and other parties involved in the management of safety on offshore petroleum facilities. These obligations include ensuring compliance with safety standards and practices to protect the safety of personnel and the environment. The Regulations aim to facilitate effective management and oversight of safety measures, requiring operators to implement and maintain safety protocols, emergency response plans, and risk assessments. The amendment to subregulation 39(2) ensures that the regulatory framework continues to provide clear protections against double jeopardy, thereby reinforcing the accountability of parties involved in offshore operations.
Breaches of the amended Regulations may result in civil or criminal consequences, depending on the nature and severity of the offence. While the specific penalties are not detailed in the statutory rules, under the Petroleum (Submerged Lands) Act 1967, penalties for non-compliance can include substantial fines and, in some cases, imprisonment. The maximum penalties for offences under the Act can vary significantly, with potential fines reaching up to hundreds of thousands of dollars and imprisonment terms extending up to several years, depending on the specific provisions of the Act and the severity of the breach. These consequences are intended to enforce compliance and deter non-compliance with safety regulations in offshore petroleum operations.