Offshore Electricity Infrastructure Legislation Amendment Act 2022 (71 of 2022)

Schedule 1   Amendment of the Customs Act 1901

Customs Act 1901

11   After section 33B

Insert:

33BA Offshore electricity installations subject to customs control

(1) A person commits an offence of strict liability if:

(a) the persons uses an Australian offshore electricity installation; and

(b) the Australian offshore electricity installation is subject to customs control.

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 engage in specified activities in relation to the use of an Australian offshore electricity installation that is subject to customs control.

(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, under subsection (4), granted a person permission to engage in any activities in relation to an Australian offshore electricity installation, the Comptroller-General of Customs may, while that installation remains subject to customs control, by notice in writing served on the person:

(a) suspend or 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.