OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 697 Direction to keep records

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 697

Scope

  (1)   This section applies if a person is carrying on operations in an offshore area under:

  (a)   a petroleum exploration permit; or

  (b)   a petroleum retention lease; or

  (c)   a petroleum production licence; or

  (d)   an infrastructure licence; or

  (e)   a pipeline licence; or

  (f)   a petroleum special prospecting authority; or

  (g)   a petroleum access authority; or

  (h)   a petroleum scientific investigation consent.

Direction by Titles Administrator

  (2)   The Titles Administrator may, by written notice given to the person, direct the person to do any or all of the following things:

  (a)   to keep such accounts, records and other documents in connection with those operations as are specified in the notice;

  (b)   to collect and retain such cores, cuttings and samples in connection with those operations as are specified in the notice;

  (c)   to give to:

  (i)   the Titles Administrator; or

  (ii)   a person specified in the notice;

    in the manner specified in the notice, such reports, returns, other documents, cores, cuttings and samples in connection with those operations as are specified in the notice.

Offence

  (3)   A person commits an offence of strict liability if:

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

  (b)   the person omits to do an act; and

  (c)   the omission breaches the direction.

Penalty:   100 penalty units.

Note:   For strict liability, see section   6.1 of the Criminal Code .

Civil penalty

  (3B)   A person is liable to a civil penalty if the person contravenes a direction under subsection   (2).

Civil penalty:   150 penalty units.

Continuing offences

  (3C)   A person who commits an offence against subsection   (3) by failing to comply with a direction to which paragraph   (2)(c) applies commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues.

  (3D)   The maximum penalty for each day to which subsection   (3C) applies is 10% of the maximum penalty that can be imposed in respect of that offence.

Continuing contraventions of civil penalty provisions

  (3E)   A person who contravenes subsection   (3B) by failing to comply with a direction to which paragraph   (2)(c) applies commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.

  (3F)   The maximum civil penalty for each day to which subsection   (3E) applies is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Direction by responsible Commonwealth Minister

  (4)   The responsible Commonwealth Minister may give the Titles Administrator directions about the exercise of the Titles Administrator's powers under subsection   (2).

  (5)   A direction under subsection   (4) may:

  (a)   relate to a particular case; or

  (b)   be of general application.

Directions

  (6)   A direction under subsection   (2) is not a legislative instrument.

  (7)   If a direction under subsection   (4) is of general application, the direction is a legislative instrument.

  (8)   If a direction under subsection   (4) relates to a particular case, the direction is not a legislative instrument.