OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 578 Defence of taking reasonable steps to comply with a direction

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 578

  (1)   It is a defence in a prosecution for an offence, or in proceedings for a civil penalty order, for a breach of a direction covered by subsection   (2) if the defendant proves that the defendant took all reasonable steps to comply with the direction.

Note:   The defendant bears a legal burden in relation to a prosecution for an offence: see section   13.4 of the Criminal Code . The same applies in proceedings for a civil penalty.

  (2)   This subsection covers the following directions:

  (a)   a direction given by the Joint Authority, the Titles Administrator or NOPSEMA under:

  (i)   Chapter   2; or

  (ii)   this Chapter (other than Part   6.3 or Division   2 of Part   6.4); or

  (iii)   Part   7.1; or

  (iv)   a regulation; or

  (b)   a direction given by the responsible Commonwealth Minister under this Part or Division   1 of Part   6.4.