Commonwealth Consolidated Acts

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CUSTOMS ACT 1901 - SECT 5BA

Installation of overseas offshore electricity installations

  (1)   A person commits an offence if:

  (a)   the person causes an overseas offshore electricity installation to be installed; and

  (b)   the installation is installed in the Commonwealth offshore area.

Penalty:   500 penalty units.

  (2)   Subsection   (1) does not apply if the person has permission in force under subsection   (4).

  (3)   A person may apply to the Comptroller - General of Customs for permission to cause an overseas offshore electricity installation to be installed in the Commonwealth offshore area.

  (4)   The Comptroller - General of Customs may, by notice in writing given to the applicant, grant the permission, subject to such conditions (if any) as are specified in the notice.

  (5)   A person commits an offence if:

  (a)   the person has permission in force under subsection   (4); and

  (b)   the permission is subject to one or more conditions (including a condition imposed or varied under subsection   (6)); and

  (c)   the person fails to comply with any of those conditions.

Penalty:   100 penalty units.

  (6)   If the Comptroller - General of Customs has granted a person permission under subsection   (4), the Comptroller - General of Customs may, at any time before the installation is installed, by notice in writing given to the person:

  (a)   revoke the permission; or

  (b)   revoke or vary a condition to which the permission is subject; or

  (c)   impose new conditions to which the permission is to be subject.

  (7)   Without limiting the generality of subsection   (4), conditions to which a permission given under that subsection in relation to an offshore electricity installation may be subject include:

  (a)   conditions relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ); and

  (b)   conditions requiring the owner of the installation, to bring the installation to a place specified by the Comptroller - General of Customs for examination for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ) before the installation is installed in the Commonwealth offshore area.



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