OFFSHORE MINERALS ACT 1994 - SECT 364 Designated Authority may ask for further information

OFFSHORE MINERALS ACT 1994 - SECT 364

  (1)   If:

  (a)   an application is made under section   363 for approval of a transfer; and

  (b)   the Designated Authority has reason to believe that a person possesses or controls a document that relates to:

  (i)   the transfer document; or

  (ii)   the transfer transaction; or

  (iii)   the application for approval of the transfer;

the Designated Authority may ask the person:

  (c)   to give the document to the Designated Authority; or

  (d)   to make the document available for inspection by or on behalf of:

  (i)   the Designated Authority; or

  (ii)   the Joint Authority.

  (2)   The request under subsection   ( 1) must be made by giving to the person a written notice containing the request.

  (3)   A person must not fail to comply with a request under subsection   ( 1).

Penalty :   50 penalty units.

  (4)   Subsection   ( 3) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 4), see subsection   13.3(3) of the Criminal Code .