Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 723

Scope

  (1)   This section applies if a person is carrying on operations in an offshore area under:

  (a)   a greenhouse gas assessment permit; or

  (b)   a greenhouse gas holding lease; or

  (c)   a greenhouse gas injection licence; or

  (d)   a greenhouse gas search authority; or

  (e)   a greenhouse gas special authority; or

  (f)   a greenhouse gas research consent.

Direction by Titles Administrator

  (2)   The Titles Administrator may, by written notice given to the person, direct the person to do any or all of the following things:

  (a)   to keep such accounts, records and other documents in connection with those operations as are specified in the notice;

  (b)   to collect and retain such cores, cuttings and samples in connection with those operations as are specified in the notice;

  (c)   to give to:

  (i)   the Titles Administrator; or

  (ii)   a person specified in the notice;

    in the manner specified in the notice, such reports, returns, other documents, cores, cuttings and samples in connection with those operations as are specified in the notice.

Offence

  (3)   A person commits an offence if:

  (a)   the person is subject to a direction under subsection   (2); and

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

  (c)   the omission breaches the direction.

Penalty:   100 penalty units.

  (3A)   An offence against subsection   (3) is an offence of strict liability.

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

Direction by responsible Commonwealth Minister

  (3B)   The responsible Commonwealth Minister may give the Titles Administrator directions about the exercise of the Titles Administrator's powers under subsection   (2).

  (3C)   A direction under subsection   (3B) may:

  (a)   relate to a particular case; or

  (b)   be of general application.

Directions

  (4)   A direction under subsection   (2) is not a legislative instrument.

  (5)   If a direction under subsection   (3B) is of general application, the direction is a legislative instrument.

  (6)   If a direction under subsection   (3B) relates to a particular case, the direction is not a legislative instrument.