Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies to a person if:
(a) the Titles Administrator believes on reasonable grounds that the person has information or a document, or is capable of giving evidence, that relates to any or all of the following operations in an offshore area:
(i) petroleum exploration operations;
(ii) petroleum recovery operations;
(iii) operations relating to the processing or storage of petroleum;
(iv) operations relating to the preparation of petroleum for transport;
(v) operations connected with the construction or operation of a pipeline;
(vi) operations relating to decommissioning; 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 any or all of the following operations in an offshore area:
(i) petroleum exploration operations;
(ii) petroleum recovery operations;
(iii) operations relating to the processing or storage of petroleum;
(iv) operations relating to the preparation of petroleum for transport;
(v) operations connected with the construction or operation of a pipeline;
(vi) operations relating to decommissioning; or
(c) the Titles Administrator or a NOPSEMA inspector believes on reasonable grounds that the person has information or a document, or is capable of giving evidence, that relates to 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 paragraphs (a) and (b) and discharge the obligations imposed under this Act, or a legislative instrument under this Act.
Requirement
(2) The Titles Administrator or the inspector may, by written notice given to the person, require the person:
(a) to give to the Titles Administrator or the 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 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 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 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 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.
Civil penalty
(5A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 150 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(5B) The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: To the extent that subsection (5D) provides, subsection (5) is a continuing offence under section 4K of the Crimes Act 1914 .
(5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: To the extent that subsection (5D) provides, subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
(5D) Subsections (5B) and (5C) apply only in relation to a contravention of a requirement to which paragraph (2)(a), (b) or (c) applies.
Notice to set out the effect of offence and civil penalty provisions
(6) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (5);
(aa) subsection (5A);
(ab) subsection (5B);
(ac) subsection (5C);
(b) section 705;
(c) section 706;
(d) section 707.
Note 1: Section 705 is about giving false or misleading information.
Note 2: Section 706 is about producing false or misleading documents.
Note 3: Section 707 is about giving false or misleading evidence.