Offshore Petroleum and Greenhouse Gas Storage Act 2006

Chapter 4—Registration of transfers of, and dealings in, petroleum titles

The following is a simplified outline of this Chapter:

• The Titles Administrator must keep a Register, for each offshore area, of petroleum titles and petroleum special prospecting authorities that relate to that offshore area.

• A transfer of a petroleum title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.

• A dealing in a petroleum title must be approved by the Titles Administrator, and the approval must be entered in the relevant Register.

467 Definitions

In this Chapter:

relevant Register:

(a) in relation to a title or a petroleum special prospecting authority—means the Register for the offshore area to which the title or petroleum special prospecting authority relates; or

(b) in relation to a notice under subsection 191(5), (6) or (7) that relates to a petroleum pool that is wholly or partly situated in an offshore area—means the Register for the offshore area.

title means:

(a) a petroleum exploration permit; or

(b) a petroleum retention lease; or

(d) an infrastructure licence; or

(e) a pipeline licence; or

(f) a petroleum access authority.

468 Dealing—series of debentures

For the purposes of this Chapter, if a dealing forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures are taken to be one dealing.

Part 4.2—Register of titles and petroleum special prospecting authorities

469 Register to be kept

The Titles Administrator must keep a Register, for each offshore area, of:

(a) titles; and

(b) petroleum special prospecting authorities;

relating to the offshore area.

470 Entries in Register—general

Memorial

(1) The Titles Administrator must enter in the relevant Register a memorial for each title and petroleum special prospecting authority.

(2) The memorial must comply with the table:

Content of memorial
Item	In the case of...	the memorial must...
1	a title or petroleum special prospecting authority	specify the name of the holder of the title or petroleum special prospecting authority.
2	a petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority	set out an accurate description (including, where convenient, a map) of the permit area, lease area, licence area or authority area.
3	an infrastructure licence	set out details of the licence area.
4	a pipeline licence	set out an accurate description of the route of the pipeline.
5	a title or petroleum special prospecting authority	specify the term of the title or petroleum special prospecting authority.
6	a title or petroleum special prospecting authority	set out such other matters and things as are required by this Act to be entered in the Register.
7	a title or petroleum special prospecting authority	set out such further matters relating to the registered holder, or to the conditions of the title or petroleum special prospecting authority, as the Titles Administrator thinks proper and expedient in the public interest.

(3) The Titles Administrator must enter in the relevant Register a memorial of:

(a) a notice or instrument:

(i) varying; or

(ii) cancelling (to any extent); or

(iii) surrendering (to any extent); or

(iv) otherwise affecting;

a title or petroleum special prospecting authority; or

(b) a notice under subsection 191(5), (6) or (7); or

Note 1: Subparagraph (a)(iv) would cover, for example, a notice terminating a petroleum production licence, infrastructure licence or pipeline licence, or a notice revoking a petroleum retention lease or petroleum access authority.

Note 2: Subsections 191(5), (6) and (7) deal with unit development.

Copy of title may be entered instead of memorial

(4) It is a sufficient compliance with the requirements of subsection (1), (2) or (3) if the Titles Administrator enters a copy of the title, petroleum special prospecting authority, notice or instrument in the relevant Register.

Date of entry to be endorsed

(5) The Titles Administrator must endorse on:

(a) the memorial; or

(b) the copy of the title, petroleum special prospecting authority, notice or instrument;

a memorandum of the date on which the memorial or copy was entered in the relevant Register.

471 Entry in Register—cessation, revocation or expiry of title

If an event specified in the table happens, the Titles Administrator must enter in the relevant Register a memorial of the fact.

Cessation of title etc.
Item	Event
1	A petroleum exploration permit or petroleum retention lease ceases to be in force over a block in relation to which a petroleum production licence is granted.
2	A petroleum exploration permit ceases to be in force over a block in relation to which a petroleum retention lease is granted.
3	A petroleum exploration permit is wholly or partly revoked.
4	A petroleum retention lease is wholly or partly revoked otherwise than under section 158.
5	A petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority expires.

471A Notation in Register—applicable datum

The Titles Administrator may make a notation in the relevant Register about the applicable datum for a title, petroleum special prospecting authority, notice or instrument.

Part 4.3—Transfer of titles

472 Approval and registration of transfers

A transfer of a title is of no force until:

(a) it has been approved by the Titles Administrator; and

(b) an instrument of transfer is registered as provided by this Part.

473 Application for approval of transfer

(1) One of the parties to a proposed transfer of a title may apply to the Titles Administrator for approval of the transfer.

(2) The application must be in writing.

Note: Section 516A requires the application to be accompanied by an application fee.

474 Documents to accompany application

An application for approval of a transfer must be accompanied by:

(a) an instrument of transfer in the prescribed form executed by:

(i) the registered holder or, if there are 2 or more registered holders, by each registered holder; and

(ii) the transferee or, if there are 2 or more transferees, by each transferee; and

(b) if the transferee, or one or more of the transferees, is not a registered holder or are not registered holders of the title—a document setting out:

(i) the technical qualifications of that transferee or those transferees; and

(ii) details of the technical advice that is or will be available to that transferee or those transferees; and

(iii) details of the financial resources that are or will be available to that transferee or those transferees; and

(d) in any case—a copy of the instrument referred to in paragraph (a).

476 Time limit for application

(1) An application for approval of a transfer must be made within:

(a) 90 days after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer; or

(b) such longer period as the Titles Administrator allows.

(2) The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.

477 Date of application to be entered in Register

If an application is made for approval of a transfer, the Titles Administrator:

(a) must enter a memorandum in the relevant Register of the date on which the application was lodged; and

(b) may make such other notation in the relevant Register as the Titles Administrator considers appropriate.

478 Approval of transfer

Scope

(1) This section applies if an application is made for approval of a transfer.

Decision

(2) The Titles Administrator must:

(a) approve the transfer; or

(b) refuse to approve the transfer.

(4) The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.

(5) If the Titles Administrator refuses to approve the transfer, the Titles Administrator must make a notation of the refusal in the relevant Register.

479 Registration of transfer

Scope

(1) This section applies if the Titles Administrator approves the transfer of a title.

Endorsement

(2) The Titles Administrator must immediately endorse on:

(a) the instrument of transfer; and

(b) the copy of the instrument of transfer;

a memorandum of approval.

(3) The Titles Administrator must enter in the relevant Register a memorandum of:

(a) the transfer; and

(b) the name of the transferee or of each transferee.

(4) On the entry in the relevant Register of the memorandum:

(a) the transfer is taken to be registered; and

(b) the transferee becomes the registered holder, or the transferees become the registered holders, of the title.

(5) If the transfer is registered:

(a) the copy of the instrument of transfer endorsed with the memorandum of approval must be:

(i) retained by the Titles Administrator; and

(ii) made available for inspection in accordance with this Chapter; and

(b) the instrument of transfer endorsed with the memorandum of approval must be returned to the person who applied for approval of the transfer.

480 Instrument of transfer does not create an interest in the title

The mere execution of an instrument of transfer of a title creates no interest in the title.

481 Limit on effect of approval of transfers

The approval of a transfer of a title does not give to the transfer any force, effect or validity that the transfer would not have had if this Chapter had not been enacted.

Part 4.4—Devolution of title

482 Application to have name entered on the Register as the holder of a title

(1) If the rights of the registered holder of a particular title have devolved on a person by operation of law, the person may apply to the Titles Administrator to have the person’s name entered in the relevant Register as the holder of the title.

(2) The application must be in writing.

483 Entry of name in the Register

Scope

(1) This section applies if an application is made under section 482 in relation to a title.

Entry in Register

(2) If:

(a) the Titles Administrator is satisfied that the rights of the holder have devolved on the applicant by operation of law; and

(b) the applicant has paid the prescribed fee;

the Titles Administrator must enter the name of the applicant in the relevant Register as the holder of the title.

(3) On that entry being made, the applicant becomes the registered holder of the title.

Part 4.5—Change in name of company

484 Application to have new name entered on the Register

(1) If:

(a) a company is the registered holder of a particular title; and

(b) the company has changed its name;

the company may apply to the Titles Administrator to have its new name substituted for its previous name in the relevant Register in relation to that title.

(2) The application must be in writing.

485 Alteration in the Register

Scope

(1) This section applies if a company applies under section 484 to have its new name substituted for its previous name in the relevant Register in relation to a particular title.

Alteration

(2) If:

(a) the Titles Administrator is satisfied that the company has changed its name; and

(b) the company has paid the prescribed fee;

the Titles Administrator must make the necessary alterations in the relevant Register.

Part 4.6—Dealings relating to existing titles

486 Dealings to which this Part applies

This Part applies to a dealing (other than a transfer of a title) that would have one or more of the effects set out in the table:

Effects of dealings
Item	Effect
1	The creation or assignment of an interest in an existing title.
2	The creation or assignment of a right (conditional or otherwise) to the assignment of an interest in an existing title.
3	The determination of the manner in which persons may: (a) exercise the rights conferred by an existing title; or (b) comply with the obligations imposed by an existing title; or (c) comply with the conditions of an existing title; (including the exercise of those rights, or the compliance with those obligations or conditions, under cooperative arrangements to recover petroleum).
4	The creation or assignment of an interest in relation to an existing petroleum exploration permit, petroleum retention lease or petroleum production licence, where the interest is known as: (a) an overriding royalty interest; or (b) a production payment; or (c) a net profits interest; or (d) a carried interest.
5	The creation or assignment of an interest that is similar to an interest covered by item 4, where the interest relates to: (a) petroleum produced from operations authorised by an existing petroleum exploration permit, petroleum retention lease or petroleum production licence; or (b) revenue derived as a result of the carrying out of operations authorised by an existing petroleum exploration permit, petroleum retention lease or petroleum production licence.
6	The creation or assignment of an option (conditional or otherwise) to enter into a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4 and 5.
7	The creation or assignment of a right (conditional or otherwise) to enter into a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4 and 5.
8	The alteration or termination of a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4, 5, 6 and 7.

487 Approval and registration of dealings

A dealing is of no force, in so far as the dealing would have an effect of a kind referred to in the table in section 486 in relation to a particular title, until:

(a) the Titles Administrator has approved the dealing, in so far as it relates to that title; and

(b) the Titles Administrator has made an entry in the relevant Register in relation to the dealing under section 494.

488 Application for approval of dealing

(1) An application for approval of a dealing must be made in accordance with subsection (2) or (3).

Application—dealing relates to only one title

(2) If a dealing relates to only one title, a party to the dealing may apply to the Titles Administrator for approval of the dealing in so far as it relates to that title.

Application—dealing relates to 2 or more titles

(3) If a dealing relates to 2 or more titles, a party to the dealing may make a separate application to the Titles Administrator for approval of the dealing in so far as it relates to each title.

Written application

(4) An application must be in writing.

Note: Section 516A requires the application to be accompanied by an application fee.

489 Documents to accompany application

Instrument evidencing dealing

(1) An application for approval of a dealing must be accompanied by:

(a) the instrument evidencing the dealing; or

(b) if that instrument has already been lodged with the Titles Administrator for the purposes of another application—a copy of that instrument.

Supplementary instrument

(2) An application for approval of a dealing may be accompanied by an instrument setting out such details (if any) as are prescribed for the purposes of an application for approval of a dealing of that kind.

(3) An instrument under subsection (2) is called a supplementary instrument.

(4A) An application for approval of the dealing must be accompanied by:

(b) a copy, or an additional copy, of the instrument referred to in subsection (1); and

491 Timing of application

(1) An application for approval of a dealing must be made within:

(a) 90 days after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument; or

(b) such longer period as the Titles Administrator allows.

(2) The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.

(3) This section has effect subject to section 503.

Note: Section 503 is about approval of a dealing that was entered into before the title came into existence.

492 Application date to be entered in Register

If an application is made for approval of a dealing, the Titles Administrator:

(a) must enter a memorandum in the relevant Register of the date on which the application was lodged; and

(b) may make such other notation in the relevant Register as the Titles Administrator considers appropriate.

493 Approval of dealing

Scope

(1) This section applies if an application is made for approval of a dealing in so far as it relates to a particular title.

Decision

(2) The Titles Administrator must:

(a) approve the dealing; or

(b) refuse to approve the dealing;

in so far as it relates to that title.

Note: Section 503 limits the power conferred on the Titles Administrator by this section. Section 503 is about approval of a dealing that was entered into before the title came into existence.

Notification of decision

(4) The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.

Refusal to approve dealing—notation in Register

(5) If the Titles Administrator refuses to approve the dealing in so far as it relates to that title, the Titles Administrator must make a notation of the refusal in the relevant Register.

494 Entry of dealing in Register

Scope

(1) This section applies if the Titles Administrator approves a dealing in so far as it relates to a particular title.

Endorsement

(2) The Titles Administrator must immediately endorse a memorandum of approval:

(a) on the original instrument evidencing the dealing and on the copy of that instrument; or

(b) if the original instrument was not lodged with the application for approval—on both of the copies of that instrument.

Entry in Register

(3) The Titles Administrator must make an entry of the approval of the dealing in the relevant Register on:

(a) the memorial relating to that title; or

(b) the copy of that title.

495 Retention, inspection and return of instruments

Scope

(1) This section applies if the Titles Administrator makes an entry of the approval of a dealing in the relevant Register.

Application accompanied by supplementary instrument

(2) If the application for approval of the dealing was accompanied by a supplementary instrument:

(a) a copy of the supplementary instrument, endorsed with a copy of the memorandum of approval, must be:

(i) retained by the Titles Administrator; and

(ii) made available for inspection in accordance with this Chapter; and

(b) the supplementary instrument must be returned to the person who applied for approval; and

(c) a copy of the instrument evidencing the dealing must not be made available for inspection in accordance with this Chapter; and

(d) the original instrument evidencing the dealing, or a copy of the original instrument, as the case requires, endorsed with a memorandum of approval, must be returned to the person who applied for approval.

Note: For inspection, see section 515.

Application not accompanied by supplementary instrument

(3) If the application for approval of the dealing was not accompanied by a supplementary instrument:

(a) one copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be:

(i) retained by the Titles Administrator; and

(ii) made available for inspection in accordance with this Chapter; and

(b) the original instrument evidencing the dealing, or a copy of the original instrument, as the case requires, endorsed with a memorandum of approval, must be returned to the person who applied for approval.

Note: For inspection, see section 515.

Definition

(4) In this section:

supplementary instrument has the meaning given by subsection 489(3) or 499(3).

496 Strict compliance with application provisions not required

The approval of a dealing, or the making of an entry in a Register in relation to a dealing, is not made ineffective because of any failure to comply, in relation to the application for approval of the dealing, with the requirements of this Part.

497 Limit on effect of approval of dealing

The approval of a dealing does not give to the dealing any force, effect or validity that the dealing would not have had if this Chapter had not been enacted.

Part 4.7—Dealings in future interests

498 Provisional application for approval of dealing

Scope

(1) This section applies if:

(a) 2 or more persons enter into a dealing relating to a title that may come into existence in the future; and

(b) that dealing would, if the title came into existence, become a dealing to which Part 4.6 applies.

Provisional application—dealing relates to only one title

(2) If the dealing relates to only one title that may come into existence in the future, a party to the dealing may make a provisional application to the Titles Administrator for approval of the dealing.

Provisional application—dealing relates to 2 or more titles

(3) If the dealing relates to 2 or more titles that may come into existence in the future, a party to the dealing may make a separate provisional application to the Titles Administrator for approval of the dealing in relation to each title that may come into existence in the future.

Written provisional application

(4) A provisional application must be in writing.

Note: Section 516A requires the provisional application to be accompanied by an application fee.

499 Documents to accompany provisional application

Instrument evidencing dealing

(1) A provisional application for approval of a dealing must be accompanied by:

(a) the instrument evidencing the dealing; or

(b) if that instrument has already been lodged with the Titles Administrator for the purposes of another provisional application—a copy of that instrument.

Supplementary instrument

(2) A provisional application for approval of a dealing may be accompanied by an instrument setting out such details (if any) as are prescribed for the purposes of a provisional application for approval of a dealing of that kind.

(3) An instrument under subsection (2) is called a supplementary instrument.

(4A) A provisional application for approval of the dealing must be accompanied by:

(b) a copy, or an additional copy, of the instrument referred to in subsection (1); and

501 Timing of provisional application

A provisional application must be made within the period worked out using the table:

Period for making a provisional application
Item	In this case...	the period begins on...	and ends on...
1	a provisional application for approval of a dealing relating to any of the following titles that may come into existence in the future: (a) a petroleum exploration permit; (b) a petroleum retention lease; (c) a petroleum production licence; (d) an infrastructure licence; (e) a pipeline licence	the day on which an offer document that relates to the application for the title is given to the applicant for the title	the day on which the title comes into existence.
2	a provisional application for approval of a dealing relating to a petroleum access authority that may come into existence in the future	the day on which the application for the grant of the petroleum access authority is made	the day on which the petroleum access authority comes into existence.

502 Provisional application to be treated as an application under section 488 when title comes into existence

If:

(a) a provisional application is made for approval of a dealing; and

(b) the title to which the dealing relates comes into existence; and

the provisional application is to be treated as if it were an application made under section 488 on the day on which that title came into existence.

503 Limit on approval of dealing

(1) If:

(a) Part 4.6 applies to a dealing relating to a title; and

(b) immediately before the title came into existence, the dealing was a dealing referred to in subsection 498(1);

the Titles Administrator may approve the dealing under section 493 only if:

(d) an application for approval of the dealing was made under section 488 within:

(i) 90 days after the day on which the title came into existence; or

(ii) such longer period as the Titles Administrator allows.

(2) The Titles Administrator may allow a longer period under subparagraph (1)(d)(ii) only if there are sufficient grounds to warrant allowing the longer period.

Part 4.8—Correction and rectification of Register

504 Corrections of clerical errors or obvious defects

The Titles Administrator may alter a Register for the purposes of correcting a clerical error or an obvious defect in the Register.

505 General power of correction of Register

Power of correction

(1) The Titles Administrator may make such entries in a Register as the Titles Administrator considers appropriate for the purposes of ensuring that the Register accurately records the interests and rights existing in relation to a title.

(2) The Titles Administrator may exercise the power conferred by subsection (1):

(a) on written application being made to the Titles Administrator by a person; or

(b) on the Titles Administrator’s own initiative.

Consultation

(3) Before the Titles Administrator makes an entry in a Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice:

(a) setting out the terms of the entry that the Titles Administrator proposes to make in the Register; and

(b) inviting interested persons to give the Titles Administrator written submissions about the making of the entry; and

(4) The time limit must not be shorter than 45 days after the publication of the notice.

(5) In deciding whether to make the entry in the Register, the Titles Administrator must take into account any submissions made in accordance with the notice.

Gazettal of terms of entry

(6) If the Titles Administrator makes an entry in a Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice setting out the terms of the entry.

506 Rectification of Register

Application for rectification

(1) If a person is aggrieved by any of the following:

(a) the omission of an entry from a Register;

(b) an entry made in a Register without sufficient cause;

(d) an error or defect in an entry in a Register;

the person may apply to:

(e) the Federal Court; or

(f) the Supreme Court of, or having jurisdiction in, the State or Territory to which the relevant offshore area relates;

for the rectification of the Register.

Court orders

(2) If an application is made under subsection (1) to a court for the rectification of a Register, the court may make such order as it thinks fit directing the rectification of the Register.

(3) In proceedings under this section, the court may decide any question that it is necessary or expedient to decide in connection with the rectification of the Register.

Appearance of Titles Administrator

(4) Notice of an application under this section must be given to the Titles Administrator concerned, who:

(a) may appear and be heard; and

(b) must appear if so directed by the court.

Copy of order to be given to Titles Administrator

(5) An office copy of an order made by the court may be given to the Titles Administrator.

Compliance with order

(6) The Titles Administrator must, on receipt of the order, rectify the Register accordingly.

Principal Northern Territory offshore area and Eastern Greater Sunrise offshore area

(7) For the purposes of paragraph (1)(f):

(a) the Principal Northern Territory offshore area; and

(b) the Eastern Greater Sunrise offshore area;

are taken to relate to the Northern Territory.

Part 4.9—Information‑gathering powers

507 Titles Administrator may obtain information from applicants

Scope

(1) This section applies if:

(a) an application for approval of the transfer of a title is made under section 473; or

(b) an application is made under section 482 or 484 in relation to a title; or

(d) a provisional application for approval of a dealing is made under section 498; or

(e) an application is made under section 505 in relation to a title.

Requirement to give information

(2) The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period and in the manner specified in the notice, such information about the matter to which the application relates as the Titles Administrator considers necessary or advisable.

(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.

Offences

(4) A person commits an offence if:

(a) the person has been given a notice under subsection (2); and

(b) the person omits to do an act; and

Penalty: 50 penalty units.

(5) A person commits an offence if:

(a) the Titles Administrator requires the person to give information under subsection (2); and

(b) the person gives information; and

Penalty: 50 penalty units.

Civil penalty

(5A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).

Civil penalty: 90 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions

(5B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914.

(5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note: Subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

Notice to set out the effect of offence and civil penalty provisions

(6) A notice under subsection (2) must set out the effect of the following provisions:

(a) subsection (4);

(b) subsection (5);

(d) subsection (5B);

(e) subsection (5C).

Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.

508 Titles Administrator may obtain information from a party to an approved dealing

Scope

(1) This section applies if:

(a) a person is a party to a dealing relating to a title; and

(b) the dealing has been approved under section 493.

Requirement to give information

(2) The Titles Administrator may, by written notice given to the person, require the person to give to the Titles Administrator, within the period and in the manner specified in the notice, such information about alterations in the interests or rights existing in relation to the title as the Titles Administrator considers necessary or advisable.

(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.

Offences

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

(a) the person has been given a notice under subsection (2); and

(b) the person omits to do an act; and

Penalty: 50 penalty units.

Note: For strict liability, see section 6.1 of the Criminal Code.

(5) A person commits an offence if:

(a) the Titles Administrator requires the person to give information under subsection (2); and

(b) the person gives information; and

Penalty: 50 penalty units.

Civil penalty

(5A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).

Civil penalty: 90 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions

(5B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914.

(5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note: Subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

Notice to set out the effect of offence and civil penalty provisions

(6) A notice under subsection (2) must set out the effect of the following provisions:

(a) subsection (4);

(b) subsection (5);

(d) subsection (5B);

(e) subsection (5C).

Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.

509 Production and inspection of documents

Scope

(1) This section applies if the Titles Administrator has reason to believe that a document:

(a) is in the possession or under the control of a person; and

(b) relates to:

(i) a transfer or dealing for which approval is sought under this Chapter; or

(ii) an application under section 482, 484 or 505.

Requirement

(2) The Titles Administrator may, by written notice given to the person, require the person:

(a) to produce the document to the Titles Administrator, within the period and in the manner specified in the notice; or

(b) to make the document available for inspection by or on behalf of the Titles Administrator.

(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.

Offences

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

(a) the person has been given a notice under subsection (2); and

(b) the person omits to do an act; and

Penalty: 50 penalty units.

Note: For strict liability, see section 6.1 of the Criminal Code.

(6) A person commits an offence if:

(a) the person has been given a notice under subsection (2); and

(b) the person:

(i) produces a document to the Titles Administrator; or

(ii) makes a document available for inspection by or on behalf of the Titles Administrator; and

(d) the document is produced or made available in compliance or purported compliance with the notice.

Penalty: 50 penalty units.

Civil penalty

(6A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).

Civil penalty: 90 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions

(6B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914.

(6C) The maximum civil penalty for each day that a contravention of subsection (6A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note: Subsection (6A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

Notice to set out the effect of offence and civil penalty provisions

(7) A notice under subsection (2) must set out the effect of the following provisions:

(a) subsection (4);

(b) subsection (6);

(d) subsection (6B);

(e) subsection (6C).

Note: The same conduct may be an offence against both subsection (6) of this section and section 137.2 of the Criminal Code.

510 Titles Administrator may retain documents

(1) The Titles Administrator may take possession of a document produced under section 509, and retain it for as long as is necessary.

(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator to be a true copy.

(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.

(4) Until a certified copy is supplied, the Titles Administrator must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.

Part 4.10—Other provisions

511 Titles Administrator etc. not concerned with the effect of instrument lodged under this Chapter

None of the following is concerned with the effect in law of an instrument lodged under this Chapter:

(a) the Joint Authority;

(b) the Titles Administrator;

513 Making a false entry in a Register

A person commits an offence if:

(a) the person:

(i) makes an entry in a Register; or

(ii) causes an entry to be made in a Register; or

(iii) concurs in the making of an entry in a Register; and

(b) the person does so knowing that the entry is false.

Penalty: 50 penalty units.

Note: The same conduct may be an offence against both this section and section 145.4 of the Criminal Code.

514 Falsified documents

(1) A person commits an offence if:

(a) the person produces or tenders in evidence a document; and

(b) the document falsely purports to be:

(i) a copy of or extract from an entry in a Register; or

(ii) a copy of or extract from an instrument given to the Titles Administrator under this Chapter.

Penalty: 50 penalty units.

Note: The same conduct may be an offence against both this section and section 137.2 of the Criminal Code.

(2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

515 Inspection of Register and instruments

Inspection of Register

(1) The Titles Administrator must ensure that each Register is open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.

Instruments

(2) The Titles Administrator must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.

516 Evidentiary provisions

(1) A Register is to be received in all courts and proceedings as prima facie evidence of all matters required or authorised by this Chapter to be entered in the Register.

Certified copies and extracts

(2) The Titles Administrator may, on payment of a fee calculated under the regulations, supply:

(a) a copy of or extract from a Register; or

(b) a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter;

certified by the Titles Administrator to be a true copy or true extract, as the case may be.

(3) The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.

Evidentiary certificate

(4) The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:

(a) stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:

(i) has been made or done; or

(ii) has not been made or done; or

(b) stating that an entry, matter or thing required by or under this Chapter not to be made or done:

(i) has not been made or done; or

(ii) has been made or done.

(5) The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.

Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence

(6) A certificate must not be admitted in evidence under subsection (5) in proceedings for an offence unless:

(a) the person charged with the offence; or

(b) a barrister or solicitor who has appeared for the person in those proceedings;

has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.

Person signing the certificate may be called to give evidence

(7) If, under subsection (5), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:

(a) called as a witness for the prosecution; and

(b) cross‑examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.

(8) However, subsection (7) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:

(a) the prosecutor has been given at least 4 days notice of the person’s intention to require the person who signed the certificate to be so called; or

(b) the court, by order, allows the person charged to require the person who signed the certificate to be so called.

Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits

(9) Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (4) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.

516A Application fee

(1) An eligible application must be accompanied by the fee (if any) prescribed by the regulations.

Note: For eligible application, see subsection (4).

(2) Different fees may be prescribed for different eligible applications.

(3) A fee must not be such as to amount to taxation.

(4) For the purposes of this section, each of the following is an eligible application:

(a) an application for the approval of the transfer of a title;

(b) an application for the approval of a dealing (other than an application covered by section 502);

Chapter 5—Registration of transfers of, and dealings in, greenhouse gas titles

Part 5.1—Introduction

518 Simplified outline

The following is a simplified outline of this Chapter:

• The Titles Administrator must keep a Register of greenhouse gas titles and greenhouse gas search authorities.

• A transfer of a greenhouse gas title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.

• A dealing in a greenhouse gas title must be approved by the Titles Administrator, and the approval must be entered in the Register.

519 Definitions

In this Chapter:

title means:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(d) a greenhouse gas special authority.

520 Dealing—series of debentures

Part 5.2—Register of titles and greenhouse gas search authorities

521 Register to be kept

The Titles Administrator must keep a Register of:

(a) titles; and

(b) greenhouse gas search authorities.

522 Entries in Register—general

Memorial

(1) The Titles Administrator must enter in the Register a memorial for each title and greenhouse gas search authority.

(2) The memorial must comply with the table:

Content of memorial
Item	In the case of...	the memorial must...
1	a title or greenhouse gas search authority	specify the name of the holder of the title.
2	a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority	set out an accurate description (including, where convenient, a map) of the permit area, lease area, licence area or authority area.
3	a title or greenhouse gas search authority	specify the term of the title or greenhouse gas search authority.
4	a title or greenhouse gas search authority	set out such other matters and things as are required by this Act to be entered in the Register.
5	a title or greenhouse gas search authority	set out such further matters relating to the registered holder, or to the conditions of the title or greenhouse gas search authority, as the Titles Administrator thinks proper and expedient in the public interest.

(3) The Titles Administrator must enter in the Register a memorial of:

(a) a notice or instrument:

(i) varying; or

(ii) cancelling; or

(iii) surrendering (to any extent); or

(iv) otherwise affecting;

a title or greenhouse gas search authority; or

(b) a notice or instrument varying or revoking a notice or instrument referred to in paragraph (a).

Note: Subparagraph (a)(iv) would cover, for example, a notice revoking a greenhouse gas special authority.

Copy of title may be entered instead of memorial

(4) It is a sufficient compliance with the requirements of subsection (1), (2) or (3) if the Titles Administrator enters a copy of the title, greenhouse gas search authority, notice or instrument in the Register.

Date of entry to be endorsed

(5) The Titles Administrator must endorse on:

(a) the memorial; or

(b) the copy of the title, greenhouse gas search authority, notice or instrument;

a memorandum of the date on which the memorial or copy was entered in the Register.

523 Entry in Register—cessation or expiry of title

If an event specified in the table happens, the Titles Administrator must enter in the Register a memorial of the fact.

Cessation of title etc.
Item	Event
1	A greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force over a block in relation to which a greenhouse gas injection licence is granted.
2	A greenhouse gas assessment permit ceases to be in force over a block in relation to which a greenhouse gas holding lease (other than a special greenhouse gas holding lease) is granted.
3	A greenhouse gas assessment permit or a greenhouse gas holding lease (other than a special greenhouse gas holding lease) ceases to be in force over a block in relation to which a special greenhouse gas holding lease is granted.
4	A greenhouse gas injection licence ceases to be in force over a block in relation to which a greenhouse gas holding lease is granted.
5	A greenhouse gas assessment permit, greenhouse gas holding lease (other than a special greenhouse gas holding lease), greenhouse gas search authority or greenhouse gas special authority expires.

523A Notation in Register—applicable datum

The Titles Administrator may make a notation in the Register about the applicable datum for a title, greenhouse gas search authority, notice or instrument.

Part 5.3—Transfer of titles

524 Approval and registration of transfers

A transfer of a title is of no force until:

(a) it has been approved by the Titles Administrator; and

(b) an instrument of transfer is registered as provided by this Part.

525 Application for approval of transfer

(1) One of the parties to a proposed transfer of a title may apply to the Titles Administrator for approval of the transfer.

(2) The application must be in writing.

Note: Section 565A requires the application to be accompanied by an application fee.

526 Documents to accompany application