Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:2:p5
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 2 (pt 5/32)
Character Range: 39527–42421

registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
 (6) NOPSEMA may give notice of intention to remove the name of the operator of a facility from the register to:
 (a) the facility owner or titleholder who nominated the operator under subsection 2.1(1); and
 (b) the operator of the facility.
 (7) NOPSEMA must remove the name of the operator of a facility from the register if NOPSEMA:
 (a) has given notice of intention to remove the operator's name from the register under subsection (6); and
 (b) has considered any representations made by the facility owner, titleholder or operator within the period of 30 days beginning when the notice was given; and
 (c) continues to believe, on reasonable grounds:
 (i) that the operator does not have, or will not have, day‑to‑day management and control of the facility and operations at the facility; or
 (ii) if the operator is a foreign company—that the operator has ceased to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001.

Division 2—Proposed operators

2.4A  Nomination of proposed operator—general
 (1) A facility owner or a titleholder may give NOPSEMA a written notice nominating a person (the proposed operator) to replace the existing operator of the facility or proposed facility.
 (2) The notice must include the following:
 (a) the proposed operator's name;
 (b) the following contact details for the proposed operator:
 (i) if the proposed operator carries on business in Australia—the address of the proposed operator's principal place of business in Australia;
 (ii) if the proposed operator does not carry on business in Australia—the address of the proposed operator's principal place of business;
 (iii) a telephone number and an email address for the proposed operator at the place of business specified in the notice;
 (iv) a telephone number and an email address for the proposed operator outside business hours at the place of business specified in the notice;
 (c) the following details, if applicable:
 (i) the proposed operator's Australian Company Number (ACN);
 (ii) the proposed operator's Australian Business Number (ABN);
 (iii) the proposed operator's Australian Registered Body Number (ARBN);
 (iv) the proposed operator's Australian Registered Scheme Number (ARSN);
 (d) the proposed operator's consent to the nomination.

2.4B  Acceptance or rejection of nomination of proposed operator
 (1) Subject to subsection (3), NOPSEMA must accept a nomination of a proposed operator for a facility or proposed facility under subsection 2.4A(1) if it is satisfied that:
 (a) the proposed operator will have, if registered as the operator of the facility or proposed facility, the day‑to‑day management and control of:
 (i) the facility or proposed facility; and
 (ii) operations at the facility or proposed facility; and
 (b) if the proposed operator is a foreign company—the