Document ID: chunk:federal_register_of_legislation:C2021A00096:clause:2_29
Version: federal_register_of_legislation:C2021A00096
Segment Type: clause
Provision Reference: sch 2 cl 29
Character Range: 66606–68333

29  Before subsection 591B(3)
Insert:
 (2A) The persons are:
 (a) the registered holder of the permit, lease or licence; or
 (b) a related body corporate of the registered holder of the permit, lease or licence; or
 (c) any former registered holder of the permit, lease or licence; or
 (d) a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or
 (e) a person to whom a determination under subsection (2B) applies.
 (2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
 (a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;
 (b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person's obligations under this Act;
 (c) whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.
 (2C) A determination under subsection (2B) is not a legislative instrument.
 (2D) If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), NOPSEMA must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.