Chapter 1

Committee Report

Background

1.1
On 1 August 2019, the Senate adopted the 4th report of 2019 of the Senate Selection of Bills Committee. The report referred the following bills to the Rural and Regional Affairs and Transport Legislation Committee (committee) for inquiry and report by 5 September 2019:
Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Bill 2019; and the
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2019 (together, the OPGGS bills).1
1.2
Since being referred, it has come to the committee's attention that these bills were previously considered by a number of other committees during the 45th Parliament. The committee has also received advice from the Department of Industry, Innovation and Science (department), which confirmed that the OPGGS bills currently before the Senate are the same in substance as those considered by committees during the previous parliament.
1.3
The previous consideration of the OPGGS bills is detailed below. The committee thanks the department for its assistance in this matter.

Previous committee consideration

1.4
The department advised that the OPGGS bills were first introduced on 28 March 2018, during the Autumn sittings (the first set of bills). This was followed by the introduction, on 5 December 2018, of the following two bills:
Offshore Petroleum and Greenhouse Gas Storage Amendment (Regulations References) Bill 2018; and the
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Regulations References) Bill 2018 (together, the second set of bills).
1.5
The department advised that the second set of bills were not referred to a committee, as the amendments in the bills were technical and contained no policy measures. However, the first set of bills was considered by three committees.
1.6
The Joint Parliamentary Committee on Human Rights, along with the Senate Standing Committee on Scrutiny of Bills (Scrutiny committee), both raised concerns in relation to the first set of OPGGS bills.
1.7
The concerns expressed centred on provisions in the bills which reverse the legal burden of proof. On 23 May 2018, Ministerial responses were provided which addressed the issues raised, to the satisfaction of both committees.2
1.8
In response to a request from the Scrutiny committee, the department advised that an addendum to the Explanatory Memorandum had been incorporated to help with interpretation—this content is included in the current OPGGS bills package.
1.9
Additionally, on 28 June 2018, the Senate referred the provisions of the first set of bills to the Senate Economics Legislation Committee (Economics committee). Following its inquiry, that committee reported on 13 August 2018 and recommended that the bills be passed.3

2019 OPGGS bills

1.10
The OPGGS bills currently before the committee were amended slightly from the first set of bills of 2018.
1.11
The bills now include a planned government amendment to place restrictions on the use of enforceable undertakings by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA). According to the department, this amendment responds to concerns raised directly with the department by some stakeholders, as well as in submissions to the Economics committee during its inquiry.
1.12
The department further advised that a number of technical amendments, for example relating to commencement dates, were required to the OPGGS bills. These amendments were required in order to address clashes that arose from the recent passage of the Timor Sea Maritime Boundaries Treaty Consequential Amendments Bill 2019 through both Houses.4
1.13
The department concluded that all queries and concerns raised by previous committee inquiries and reports about the OPGGS bills have therefore been comprehensively addressed.

Committee view

1.14
As a result of these recent inquiries, the actions taken by the department, and the fact that the OPGGS bills are legislatively substantially the same as those presented to the 45th Parliament in 2018, the committee has determined not to undertake an inquiry into these bills.
1.15
The committee trusts that this report adequately details the reasons for this decision.
Senator Susan McDonald
Chair
  • 1
    Senate Selection of Bills Committee, Report No. 4 of 2019, 1 August 2019, [p. 1].
  • 2
    See: Joint Parliamentary Committee on Human Rights, Report 4 of 2018, 8 May 2018, pp. 17-19 and Report 5 of 2018, 19 June 2018, pp. 153-159, 232-235; and Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 5 of 2018, 9 May 2018, pp. 40-43 and Scrutiny Digest 6 of 2018, 20 June 2018, pp. 105-110.
  • 3
    Senate Economics Legislation Committee, Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Bill 2018 [Provisions]; and Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2018 [Provisions], 13 August 2018, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Economics/OffshorePetroleumBills/Report
  • 4
    The Timor Sea Maritime Boundaries Treaty Consequential Amendments Bill 2019 passed both Houses on 29 July 2019.

 |  Contents  | 

About this inquiry

An inquiry into the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Bill 2019 [provisions] and the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2019 [provisions].