at least 90 days before the trigger date for the project; or

if the Authority, by written notice given to the project proponent, specifies a later time—before that later time.

on the Authority’s own initiative; or

on application made to the Authority by the project proponent for the project.

no draft AIP plan for a major project has been given under subsection (1); and

a draft AIP plan would have been required to have been given under subsection (1) if the project proponent for the project had been aware that the project was a major project; and

the project proponent for the project becomes aware that the project is a major project;

the project proponent for the project must:

give the Authority a draft AIP plan for the project; and

do so within 60 days after becoming so aware.

Exceptions

has been given to a State or Territory; and

complies with the conditions specified in the legislative rules.

approve the plan; or

refuse to approve the plan.

Approval of plan

the draft AIP plan complies with the AIP plan rules; and

the Authority is satisfied that the steps specified in accordance with subsections 35(2), 36(2), 39(2) and 40(2) are adequate.

give the Authority a revised draft AIP plan that:

complies with the AIP plan rules; and

sets out adequate steps specified in accordance with subsections 35(2), 36(2), 39(2) and 40(2); and

do so within 30 days after the notice is given.

the project proponent for a major project gives the Authority a revised draft AIP plan for the project; and

the revised draft AIP plan is given as a result of a direction under subsection (5); and

the revised draft AIP plan complies with that direction;

the Authority must approve the revised draft AIP plan.

(a) an approved AIP plan (the original plan) for a major project is in force; and

the project has not been completed;

the project proponent for the project may give the Authority a draft AIP plan that is expressed to replace the original plan.

approve the plan; or

refuse to approve the plan.

Approval of replacement plan

the draft AIP plan complies with the AIP plan rules; and

the Authority is satisfied that the steps specified in accordance with subsections 35(2), 36(2), 39(2) and 40(2) are adequate.

(a) an approved AIP plan (the original plan) for a major project is in force; and

the project involves establishing a new relevant facility; and

the project has been completed;

the operator of the new relevant facility may give the Authority a draft AIP plan:

that is expressed to replace the original plan; and

Part B of which is identical to Part B of the original plan.

approve the plan; or

refuse to approve the plan.

Approval of replacement plan

the draft AIP plan complies with the AIP plan rules (other than Subdivision C of Division 2); and

the Authority is satisfied that steps specified in accordance with subsections 39(2) and 40(2) are adequate.

comes into force when the Authority approves the plan; and

subject to this Division, continues in force until the end of the 2-year period beginning when the project is completed.

Project does not involve establishing a new relevant facility

comes into force when the Authority approves the plan; and

subject to this Division, continues in force until the project is completed.

the project proponent for a major project gives a draft AIP plan for the project to the Authority; and

the project involves establishing a new relevant facility; and

the establishment of the facility has not been completed;

the project proponent must:

notify the Authority of the estimated date of completion of the establishment of the facility; and

do so at or about the same time as the draft AIP plan is given to the Authority.

an approved AIP plan for a major project is in force; and

the project involves establishing a new relevant facility;

the operator of the new relevant facility must comply with Part C of the plan.

the period of 6 months beginning on the day on which the plan is approved; and

each subsequent 6-month period during any part of which:

the plan is in force; and

the project proponent for the project is subject to any obligations under Part B of the plan.

be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the legislative rules.

an approved AIP plan for the project is, or has been, in force; and

the project involves establishing a new relevant facility.

Reporting period

the period of 6 months beginning on the day on which the plan is approved; and

each subsequent 6-month period during any part of which:

the plan is in force; and

the operator of the new relevant facility is subject to any obligations under Part C of the plan.

Compliance report—operator of new relevant facility

be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the legislative rules.

Part A—Title;

Part B—Project Phase;

Part C—Initial Facility Operational Phase.

Part A—Title;

Part B—Project Phase.

the key objective of Part B of the plan;

the objective that the procurement entity will have a publicly accessible website;

the objective that the procurement entity will not request bids to supply key goods or services for the project unless the procurement entity has a broad understanding of the capability and capacity of Australian entities generally to supply those goods or services;

the objective that requirements that potential bidders must satisfy in order to bid to supply key goods or services for the project:

will be published on the website of the procurement entity; and

will be so published at a reasonable time before the request for bids is made;

the objective that:

standards for key goods or services for the project that are to be acquired by the procurement entity will be published on the website of the procurement entity; and

if the standards are neither Australian standards nor international standards—the procurement entity will publish on its website a statement explaining why neither Australian standards nor international standards are being used;

the objective that the procurement entity will not discriminate against Australian entities in relation to timeframes for responding to requests for bids to supply key goods or services for the project;

the objective that the procurement entity will:

provide feedback to Australian entities whose bids to supply key goods or services for the project have not been successful; and

ensure that such feedback includes recommendations about any relevant training and any relevant skills capability and capacity development;

the objective that the procurement entity will:

at all times have an employee who is designated as the procurement contact officer for the project; and

publish the procurement contact officer’s contact details on the procurement entity’s website.

have a publicly accessible website; and

conduct awareness programs about opportunities for Australian entities to supply key goods or services for the project; and

conduct training programs that are:

for employees of procurement entities for the project; and

directed towards ensuring that the objectives set out in section 35 are achieved; and

publish on its website a statement of the proponent’s expectations in relation to:

(i) key goods or services that are likely to be acquired for the project; and

opportunities for Australian entities to supply key goods or services for the project; and

opportunities for non-Australian entities to supply key goods or services for the project;

broken down into categories of goods or services in the way specified in the legislative rules; and

both:

cause to be published on a publicly accessible website statements about available opportunities to supply key goods or services for the project; and

notify the Authority of the URL of the website; and

if the project proponent has a global supply chain—encourage Australian entities that are supplying, or have supplied, key goods or services for the project to:

develop the capability and capacity to supply key goods or services to the project proponent’s global supply chain; and

integrate into the project proponent’s global supply chain; and

both:

at all times have an employee who is designated as the project proponent’s contact officer for the purposes of this Act; and

notify the Authority of the contact officer’s contact details.

the key objective of Part C of the plan;

the objective that the procurement entity will have a publicly accessible website;

the objective that the procurement entity will not request bids to supply key goods or services for the new relevant facility’s initial operational phase unless the procurement entity has a broad understanding of the capability and capacity of Australian entities generally to supply those goods or services;

the objective that requirements that potential bidders must satisfy in order to bid to supply key goods or services for the new relevant facility’s initial operational phase:

will be published on the website of the procurement entity; and

will be so published at a reasonable time before the request for bids is made;

the objective that:

standards for key goods or services that are to be acquired for the new relevant facility’s initial operational phase by the procurement entity will be published on the website of the procurement entity; and

if the standards are neither Australian standards nor international standards—the procurement entity will publish on its website a statement explaining why neither Australian standards nor international standards are being used;

the objective that the procurement entity will not discriminate against Australian entities in relation to timeframes for responding to requests for bids to supply key goods or services for the new relevant facility’s initial operational phase;

the objective that the procurement entity will:

provide feedback to Australian entities whose bids to supply key goods or services for the new relevant facility’s initial operational phase have not been successful; and

ensure that such feedback includes recommendations about any relevant training and any relevant skills capability and capacity development;

the objective that the procurement entity will:

at all times have an employee who is designated as the procurement contact officer for the new relevant facility; and

publish the procurement contact officer’s contact details on the procurement entity’s website.

have a publicly accessible website; and

conduct awareness programs about opportunities for Australian entities to supply key goods or services for the new relevant facility’s initial operational phase; and

conduct training programs that are:

for employees of procurement entities for the new relevant facility; and

directed towards ensuring that the objectives set out in section 39 are achieved; and

publish on its website a statement of the operator’s expectations in relation to:

(i) key goods or services that are likely to be acquired for the new relevant facility’s initial operational phase; and

opportunities for Australian entities to supply key goods or services for the new relevant facility’s initial operational phase; and

opportunities for non-Australian entities to supply key goods or services for the new relevant facility’s initial operational phase;

broken down into categories of goods or services in the way specified in the legislative rules; and

both:

cause to be published on a publicly accessible website statements about available opportunities to supply key goods or services for the new relevant facility’s initial operational phase; and

notify the Authority of the URL of the website; and

if the operator has a global supply chain—encourage Australian entities that are supplying, or have supplied, key goods or services for the new relevant facility’s initial operational phase to:

develop the capability and capacity to supply key goods or services to the operator’s global supply chain; and

integrate into the operator’s global supply chain; and

both:

at all times have an employee who is designated as the operator’s contact officer for the purposes of this Act; and

notify the Authority of the contact officer’s contact details.

the preliminary trigger day for a designated project occurs after the commencement of this section; and

at any time on the preliminary trigger day, the project proponent for the project was aware that it was reasonably likely that the project would be a major project;

the project proponent must:

notify the Authority of the preliminary trigger day; and

do so within 60 days after the preliminary trigger day.

the preliminary trigger day for a designated project occurs after the commencement of this section; and

the project proponent for the project was not aware, at any time on the preliminary trigger day, that it was reasonably likely that the project would be a major project; and

the project proponent becomes aware that the project is, or is reasonably likely to be, a major project;

the project proponent must:

notify the Authority of the preliminary trigger day; and

(e) do so within 14 days after becoming so aware.

be in a form approved, in writing, by the Authority; and

be accompanied by such information as is specified in the legislative rules; and

be accompanied by such documents (if any) as are specified in the legislative rules.

Preliminary trigger day

the project concept design begins;

an environmental assessment begins to be carried out by a project proponent;

a project proponent enters into a contract with another person to carry out an environmental assessment of the project;

the raw materials for the project are estimated;

the utility consumption for the project is estimated.

notify the Authority that the person has become a project proponent for the project; and

do so within 60 days after becoming a project proponent.

be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the legislative rules.

notify the Authority of the cessation; and

do so within 60 days after the cessation occurs.

be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the legislative rules.

notify the Authority of the abandonment or cancellation; and

do so within 60 days after the project is abandoned or cancelled.

be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the legislative rules.

a person is the project proponent for a major project; and

a notifiable event occurs;

the person must:

notify the Authority of the event; and

do so within 60 days after the event occurs.

be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the legislative rules.

a major project involves establishing a new relevant facility; and

a person becomes an operator of the new relevant facility;

the person must:

notify the Authority; and

do so within 60 days after becoming an operator.

be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the legislative rules.

a major project involves establishing a new relevant facility; and

a person ceases to be an operator of the new relevant facility;

the person must:

notify the Authority of the cessation; and

do so within 60 days after the cessation occurs.

be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the legislative rules.

a major project involves establishing a new relevant facility; and

a notifiable event occurs;

the operator of the new relevant facility must:

notify the Authority of the event; and

do so within 60 days after the event occurs.

be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the legislative rules.

give to the Authority, within the period and in the manner and form specified in the notice, any such information; or

produce to the Authority, within the period and in the manner specified in the notice, any such documents; or

make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.

inspect a document or copy produced under subsection 50(2); and

make and retain copies of, or take and retain extracts from, such a document.

give to the Authority such information relating to the project as is specified in the notice; and

do so within the period and in the manner and form specified in the notice.

an approved AIP plan is, or has been, in force for a major project; and

the project involves establishing a new relevant facility;

this section applies to the operator of the new relevant facility.

Requirement

give to the Authority such information relating to the operation of the new relevant facility as is specified in the notice; and

do so within the period and in the manner and form specified in the notice.

take either or both of the following actions within the period specified in the notice:

to publicise, in the way specified in the notice, the contravention, the details of the contravention, and any other related matter;

to notify a specified person or specified class of person, in the way specified in the notice, of the contravention, the details of the contravention, and any other related matter; and

give the Authority, within 7 days after the end of the period specified in the notice, evidence that the action or actions were taken by the relevant person in accordance with the notice.

take either or both of the following actions within the period specified in the notice:

to publicise, in the way specified in the notice, the name of the relevant person, the relevant person’s contravention, the details of the contravention, the fact that the relevant person is a subsidiary of the corporation, and any other related matter;

to notify a specified person or specified class of person, in the way specified in the notice, of the relevant person’s contravention, the details of the contravention, the fact that the relevant person is a subsidiary of the corporation, and any other related matter; and

give the Authority, within 7 days after the end of the period specified in the notice, evidence that the action or actions were taken by the corporation in accordance with the notice.

Naming relevant person etc. in annual report

name the relevant person as having contravened Part 2, 3 or 4, and set out details of the contravention; and

if the relevant person is a subsidiary of a body corporate—name the relevant person as a subsidiary of the body corporate.

Naming relevant person etc. in other ways

name the relevant person as having contravened Part 2, 3 or 4, and set out details of the contravention; and

if the relevant person is a subsidiary of a body corporate—name the relevant person as a subsidiary of the body corporate.

Prior notice to relevant person etc.

give a notice to a person under subsection (2) or (3); or

name a person in a report in accordance with subsection (4); or

name a person under subsection (5);

the Authority must:

give the person notice in writing of the proposal and the reasons for the proposal; and

invite the person to:

make written representations to the Authority about the proposal; and

do so within the period of 28 days beginning on the day specified in the notice; and

have regard to any written representations made by the person within that period.

restraining the person from engaging in the conduct; and

if, in the court’s opinion, it is desirable to do so—requiring the person to do something.

Performance injunctions

a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

the refusal or failure was, is or would be a contravention of Part 2, 3 or 4;

a prescribed court may, on the application of the Authority, grant an injunction requiring the person to do that act or thing.

if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind.

Performance injunctions

if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or

if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing.

(a) there are 2 or more project proponents (the multiple project proponents) for a project; and

either of the following:

this Act;

an approved AIP plan for the project;

imposes an obligation on the project proponent for the project.

Obligations of project proponent

a major project involves establishing a new relevant facility; and

(b) there are 2 or more operators (the multiple operators) of the new relevant facility; and

either of the following:

this Act;

an approved AIP plan for the project;

imposes an obligation on the operator of the facility.

Obligations of operators

such functions as are conferred on the Authority by this Act; and

to advise and assist persons in relation to their obligations under this Act; and

to monitor compliance with this Act; and

to promote compliance with this Act; and

to collect, analyse, interpret and disseminate information relating to AIP matters; and

to support, encourage, conduct and evaluate training programs that are directed towards improving the skills and knowledge of people involved in AIP matters; and

to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to AIP matters; and

to support, encourage, conduct and evaluate research about AIP matters; and

to advise the Minister about AIP matters; and

to consult and cooperate with other persons, organisations and governments on AIP matters; and

on behalf of the Commonwealth, to administer such schemes and programs as are specified in the legislative rules; and

such functions as are conferred on the Authority by a law other than this Act; and

such other functions (if any) as are specified in the legislative rules; and

to do anything incidental to or conducive to the performance of any of the above functions.

substantial experience or knowledge; and

significant standing;

in at least one of the following fields:

economics;

industry;

public administration.

during a vacancy in the office of the Authority (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Authority:

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

for misbehaviour; or

if the Authority is unable to perform the duties of his or her office because of physical or mental incapacity.

the Authority:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the Authority is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the Authority engages, except with the Minister’s approval, in paid employment outside the duties of his or her office (see section 74); or

the Authority fails, without reasonable excuse, to comply with section 75.

an SES employee; or

an acting SES employee; or

an APS employee who holds or performs the duties of:

an Executive Level 2 position; or

an equivalent position.

economics;

industry;

project management;

procurement of goods or services.

must not be present during any deliberation of the advisory board on the matter; and

must not take part in the making of a decision by the advisory board in relation to the matter.

must not be present during any deliberation of the advisory board for the purpose of making the determination; and

must not take part in making the determination.

may convene a meeting; and

must convene a meeting if requested in writing by:

the Authority; or

the Minister.

an advisory board member is required by section 93 not to be present during the deliberations, or to take part in any decision, of the advisory board with respect to a particular matter; and

when the advisory board member leaves the meeting concerned, there is no longer a quorum present;

the remaining advisory board members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.