(1) It is a defence to a prosecution of the holder of a
petroleum title for an offence against section 125E if the holder establishes
that--
(a) the contravention of the condition was by, or caused by, another
person, and
(b) the other person was not associated with the holder at the
time the condition was contravened, and
(c) the holder took all reasonable
steps to prevent the contravention of the condition.
(2) A person is
associated with the holder for the purposes of subsection (1) (b) (but without
limiting any other circumstances of association) if the person is an employee,
agent, licensee, contractor or subcontractor of the holder.
(3) It is a
defence to a prosecution for an offence against section 125E if the defendant
satisfies the court that the act or omission constituting the contravention
was reasonably necessary in order for the defendant to comply with--
(a) an
order or direction (of which the Secretary was given notice before the acts or
omissions occurred) issued under the mine safety legislation, the
Environmental Planning and Assessment Act 1979 or the Protection of the
Environment Operations Act 1997 , or
