OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 566R Titles Administrator may obtain information and documents

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 566R

Scope

  (1)   This section applies if:

  (a)   one of the following applies:

  (i)   the Titles Administrator believes on reasonable grounds that there has been, or that there will be, a change in control of a registered holder of a title;

  (ii)   an application is made under section   566C for an approval of a change in control of a registered holder;

  (iii)   the approval period for the change in control of a registered holder of a title has not ended and the Titles Administrator believes on reasonable grounds that there has been, or will be, a change in the circumstances of a person approved to begin to control the registered holder or cease to control the registered holder; and

  (b)   the Titles Administrator believes on reasonable grounds that a person has information or a document, or is capable of giving evidence, that is relevant to the matter in subparagraph   (a)(i), (ii) or (iii).

Requirement

  (2)   The Titles Administrator may, by notice in writing given to the person, require the person:

  (a)   to give the Titles Administrator, within the period and in the manner specified in the notice, any such information; or

  (b)   to produce to the Titles Administrator, within the period and in the manner specified in the notice, any such documents; or

  (c)   if the person is an individual--to appear before the Titles Administrator at a time and place specified in the notice to:

  (i)   give any such evidence, either orally or in writing; and

  (ii)   produce any such documents; or

  (d)   if the person is a body corporate--to cause a competent officer of the body to appear before the Titles Administrator at a time and place specified in the notice to:

  (i)   give any such evidence, either orally or in writing; and

  (ii)   produce any such documents.

  (3)   The period specified under paragraph   (2)(a) or (b) must not be shorter than 14 days after the notice is given.

  (4)   A time specified under paragraph   (2)(c) or (d) must not be earlier than 14 days after the notice is given.

  (5)   A person contravenes this subsection if:

  (a)   a person is subject to a requirement under subsection   (2); and

  (b)   the person fails to comply with the requirement.

Fault - based offence

  (6)   A person commits an offence if the person contravenes subsection   (5).

Penalty:   100 penalty units.

Civil penalty provision

  (7)   A person is liable to a civil penalty if the person contravenes subsection   (5).

Civil penalty:   150 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions

  (8)   The maximum penalty for each day that an offence under subsection   (6) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note:   To the extent that subsection   (10) provides, subsection   (6) is a continuing offence under section   4K of the Crimes Act 1914 .

  (9)   The maximum civil penalty for each day that a contravention of subsection   (7) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note:   To the extent that subsection   (10) provides, subsection   (7) is a continuing civil penalty provision under section   93 of the Regulatory Powers Act.

  (10)   Subsections   (8) and (9) apply only in relation to a contravention of a requirement to which paragraph   (2)(a) or (b) applies.

Notice to set out the effect of offence and civil penalty provisions

  (11)   A notice under subsection   (2) must set out the effect of the following provisions:

  (a)   subsection   (6);

  (b)   subsection   (7);

  (c)   subsection   (8);

  (d)   subsection   (9);

  (e)   section   566W (about giving false or misleading information);

  (f)   section   566X (about giving false or misleading documents);

  (g)   section   566Y (about giving false or misleading evidence).