Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:2:p3
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 2 (pt 3/32)
Character Range: 34532–37294

notices and reports that are required to be given to NOPSEMA under clause 82 of Schedule 3 to the Act about accidents and dangerous occurrences at or near facilities.
      Part 7 sets out the information that must be provided to NOPSEMA, in accordance with clause 83B of Schedule 3 to the Act, when a vessel becomes a facility or an associated offshore place or when a vessel ceases to be a facility or an associated offshore place.
      Parts 8, 9 and 10 contain various penalty, miscellaneous and application provisions.

Part 2—Operators and proposed operators

Division 1—Operators

2.1AB  Purpose of this Part
  This Part is made for the purposes of clause 5 of Schedule 3 to the Act.

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

2.3  Acceptance or rejection of nomination of operator
 (1) Subject to subsection (3), NOPSEMA must accept a nomination of a person (the nominee) as the operator of a facility or proposed facility under subsection 2.1(1) if it is satisfied that:
 (a) the nominee has, or will have, 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 nominee is a foreign company—the nominee is registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
 (2) Subject to subsection (3), NOPSEMA must reject the nomination if it is not satisfied that:
 (a) the nominee has, or will have, the day‑to‑day management and control of:
 (i) the facility or proposed facility; and
 (ii) operations at the facility or proposed facility; or
 (b) if the nominee is a foreign company—the nominee is registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
 (3)