Commonwealth Consolidated Acts

OFFSHORE MINERALS ACT 1994 - SECT 405

  (1)   The following provisions of this Act create offences:

  (a)   section   38 (exploration or recovery without appropriate authorisation);

  (b)   section   44 (interference with rights);

  (c)   sections   123, 183, 259 and 308 (failure to comply with work practice requirements);

  (d)   sections   124, 184, 261 and 309 (failure to keep records);

  (e)   sections   125, 185, 262, 310 and 384 (failure to assist inspector);

  (f)   section   364 (failure to give document relevant to application for approval of a transfer);

  (g)   section   372 (failure to appear or to provide information, document or samples);

  (h)   section   374 (failure to keep information etc. confidential);

  (i)   section   385 (failure to comply with a direction given by Designated Authority);

  (j)   subsection   391(1) (failure to give associate notice of a direction);

  (k)   section   404 (failure to comply with safety zone conditions);

  (l)   section   423 (failure to return an inspector identity card).

  (2)   The Crimes Act 1914 and the Criminal Code contain provisions that are relevant to the operation of this Act.

Note 1:   See sections   4AA, 4AB and 4B of the Crimes Act 1914 for further details on penalties. Section   4AA provides for the amount of a penalty unit .

Note 2:   See Parts   7.3 and 7.4 of the Criminal Code (which deal with fraudulent conduct and false or misleading statements). Those Parts are relevant to statements made in applications under this Act and statements made in documents that are relevant to the calculation of fees (for example, fees payable under the Registration Fees Act for transfers and other dealings).

Note 3:   See Part   5.6 of the Criminal Code for offences relating to secrecy of information.

Note 4:   See section   145.4 of the Criminal Code for a general offence relating to the falsification of documents kept for the purposes of a law of the Commonwealth. This offence is relevant to offshore mining registers.

Note 5:   See also the following provisions of the Crimes Act 1914 :

• section   4J (when indictable offences can be dealt with summarily);

• section   4K (continuing offences);

• section   15B (time for bringing prosecutions);

• section   35 (giving false testimony).

Note 6:   The Proceeds of Crimes Act 1987 provides for pecuniary penalties and forfeiture orders.

Note 7:   See also section   149.1 of the Criminal Code , which deals with obstruction of Commonwealth public officials.