Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 587B

Basic rule

  (1)   A person contravenes this subsection if:

  (a)   the person is subject to a remedial direction; and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches the direction.

Fault - based offence

  (2)   A person commits an offence if the person contravenes subsection   (1).

Penalty:   5 years imprisonment or 2,000 penalty units, or both.

  (3)   For the purposes of applying Chapter   2 of the Criminal Code to the offence in subsection   (2), the physical elements of the offence are set out in subsection   (1).

Note:   Chapter   2 of the Criminal Code sets out general principles of criminal responsibility.

Strict liability offence

  (4)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   100 penalty units.

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

Civil penalty provision

  (5)   A person is liable to a civil penalty if the person contravenes subsection   (1).

Civil penalty:   525 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions

  (5A)   The maximum penalty for each day that an offence under subsection   (2) or (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note:   Subsections   (2) and (4) are continuing offences under section   4K of the Crimes Act 1914 .

  (5B)   The maximum civil penalty for each day that a contravention of subsection   (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note:   Subsection   (5) is a continuing civil penalty provision under section   93 of the Regulatory Powers Act.

Remedial directions

  (6)   In this section:

"remedial direction" means a direction under any of the following provisions:

  (a)   section   586 (directions in relation to current titles--NOPSEMA direction);

  (b)   section   586A (directions in relation to current titles--responsible Commonwealth Minister direction);

  (c)   section   587 (directions in relation to titles that have ceased to be in force in whole or part--NOPSEMA direction);

  (d)   section   587A (directions in relation to titles that have ceased to be in force in whole or part--responsible Commonwealth Minister direction).

Note 1:   NOPSEMA may do anything required to be done under a direction under section   587 in the event of a breach of the direction (see section   588).

Note 2:   The responsible Commonwealth Minister may do anything required to be done under a direction under section   587A in the event of a breach of the direction (see section   590A).