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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 725 Titles Administrator or NOPSEMA inspector may obtain information and documents

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 725

Titles Administrator or NOPSEMA inspector may obtain information and documents

Scope

  (1)   This section applies to a person if:

  (a)   the Titles Administrator; or

  (b)   a NOPSEMA inspector;

believes on reasonable grounds that the person has information or a document, or is capable of giving evidence, that relates to :

  (c)   any or all of the following operations in an offshore area:

  (i)   operations relating to exploration for a potential greenhouse gas storage formation or a potential greenhouse gas injection site;

  (ii)   operations relating to the injection of a greenhouse gas substance into the seabed or subsoil;

  (iii)   operations relating to the storage of a greenhouse gas substance in the seabed or subsoil;

  (iv)   operations relating to the processing, compression or pre - injection storage of a greenhouse gas substance;

  (v)   operations relating to the preparation of a greenhouse gas substance for transport;

  (vi)   operations relating to decommissioning; or

  (d)   any or all of the following:

  (i)   whether a person has complied or is complying with a requirement under this Act, or a legislative instrument under this Act;

  (ii)   whether a person has sufficient technical advice and financial resources to carry out the operations referred to in paragraph   (c) and discharge the obligations imposed under this Act, or a legislative instrument under this Act.

Requirement

  (2)   The Titles Administrator or the NOPSEMA inspector may, by written notice given to the person, require the person:

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

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

  (c)   to make copies of any such documents and to produce to the Titles Administrator or the NOPSEMA inspector, within the period and in the manner specified in the notice, those copies; or

  (d)   if the person is an individual--to appear before the Titles Administrator or the NOPSEMA inspector 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

  (e)   if the person is a body corporate--to cause a competent officer of the body to appear before the Titles Administrator or the NOPSEMA inspector 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)   A period specified under paragraph   (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.

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

Offence

  (5)   A person commits an offence if:

  (a)   the person has been given a notice under subsection   (2); and

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

  (c)   the omission contravenes a requirement in the notice.

Penalty:   100 penalty units.

Notice to set out the effect of offence provisions

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

  (a)   subsection   (5);

  (b)   section   731;

  (c)   section   732;

  (d)   section   733.

Note 1:   Section   731 is about giving false or misleading information.

Note 2:   Section   732 is about producing false or misleading documents.

Note 3:   Section   733 is about giving false or misleading evidence.