Commonwealth Numbered Regulations

PETROLEUM (SUBMERGED LANDS) AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 346 - SCHEDULE 2

(regulation 4)

[1] Reader's Guide, Analysis of Part 4, 4th paragraph

substitute

Division 4 contains regulation 39, which provides that a person is not to be punished more than once for the same act or omission.

[2] Subregulations 29 (1) and (2)

substitute

(1)

The operator or titleholder of a facility must not construct or install the facility in a way that is contrary to:

(a)

the Consent to construct and install the facility; or

(b) the Safety Case in force for the facility.

Penalty:
80 penalty units.

Note
For the meaning of Consent to construct and install and Safety Case in force for the facility , see subregulation 3 (1).

(1A) However, it is a defence to a prosecution for an offence against subregulation (1) if the operator or titleholder has the consent in writing of the Designated Authority.

Note
A defendant bears an evidential burden in relation to the question whether he or she had the consent in writing of the Designated Authority (see section 13.3 of the Criminal Code ).

(1B)

An offence against subregulation (1) is an offence of strict liability.

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

(2)

The operator of a facility must not operate, remove, dismantle or decommission the facility in a way that is contrary to:

(a)

the Consent to use the facility; or

(b)

the Safety Case in force for the facility.

Penalty:
80 penalty units.

Note
For the meaning of Consent to use the facility and Safety Case in force for the facility , see subregulation 3 (1).

(2A)

However, it is a defence to a prosecution for an offence against subregulation (2) if the operator has the consent in writing of the Designated Authority.

Note
A defendant bears an evidential burden in relation to the question whether he or she had the consent in writing of the Designated Authority (see section 13.3 of the Criminal Code ).

(2B)

An offence against subregulation (2) is an offence of strict liability.

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

[3] After subregulation 29 (3), including the penalty and note

insert

(3A)

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

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

[4] Subregulation 29 (5), after the penalty

insert

Note 1
For the meaning of Safety Case in force for the facility , see subregulation 3 (1).
Note   2    A defendant bears an evidential burden in relation to the question whether the change is in accordance with the provisions in the Safety Case in force for the facility (see section 13.3 of the Criminal Code ).

[5] After subregulation 29 (5), including the penalty

insert

(6)

An offence against subregulation (5) is an offence of strict liability.

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

[6] After subregulation 30 (1), including the penalty

insert

(1A)

An offence against subregulation (1) is an offence of strict liability.

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

[7] After subregulation 30 (4), including the penalty

insert

(4A) An offence against subregulation (4) is an offence of strict liability.

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

[8] After subregulation 30 (5), including the penalty

insert

(5A) An offence against subregulation (5) is an offence of strict liability.

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

[9] Subregulation 30 (7)

omit

(7)

For the purpose of enabling documents to be made available in accordance with subregulation (5),

insert

(7)

So that documents can be made available under subregulation (5),

[10] After subregulation 30 (7), including the penalty

insert

(7A)

An offence against subregulation (7) is an offence of strict liability.

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

[11] After subregulation 30 (9), including the penalty

insert

(9A) An offence against subregulation (9) is an offence of strict liability.

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

[12] Subregulation 31 (1)

substitute

(1) The operator of a facility must give to an inspector initial notice, in accordance with subregulation (1A), of:

(a)

a significant accident or incident on, or in connection with, the facility; or

(b)

a significant accident sustained by a person on the facility.

Penalty:
40 penalty units.

Note    For the meaning of inspector , see subsection 5 (1) of the Act.

(1A)

For subregulation (1), the initial notice:

(a)

may be oral or written; and

(b)

must be provided at the earliest practicable opportunity, but within 2 hours, after:

(i)

the first occurrence of the accident or incident; or

(ii)

if the accident or incident is not detected by the operator at the time of its first occurrence — the detection of the accident or incident by the operator; and

(c)

must contain all material details concerning the accident or incident that are at the time reasonably available to the operator.

(1B) However, it is a defence to a prosecution for an offence against subregulation (1) if the operator has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code ).

(1C)

An offence against subregulation (1) is an offence of strict liability.

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

[13] Subregulation 31 (2)

substitute

(2)

An operator must give a report in writing to the inspector of an accident or incident of the kind mentioned in subregulation (1), in accordance with subregulations (2A) and (2B).

Penalty:
40 penalty units.

(2A) For subregulation (2), the operator must provide the report:
(a) as soon as practicable, but within 3 days, after:

(i)

the first occurrence of the accident or incident; or

(ii)

if the accident or incident is not detected by the operator at the time of its first occurrence — the detection of the accident or incident by the operator; or

(b)

if the inspector specifies, in writing and within the period mentioned in paragraph (a), another period for giving the report — within that period.

(2B)

For subregulation (2), the report must set out fully all essential details and circumstances concerning the accident or incident that the operator:

(a)

is aware of; or

(b)

is able, by reasonable search and enquiry, to find out.

(2C) However, it is a defence to a prosecution for an offence against subregulation (2) if the operator has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to
the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code ).

(2D)

An offence against subregulation (2) is an offence of strict liability.

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

[14] After subregulation 31 (3), including the penalty

insert

(3A)

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

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

[15] Subregulation 31 (4)

substitute

(4)

As soon as practicable, but not later than 15 days, after the end of each calendar month, the operator of a facility must submit to the inspector a summary in writing of:

(a)

all deaths of persons on the facility; and

(b)

all injuries to persons on the facility, other than minor injuries not requiring treatment or requiring only treatment in the nature of first aid.

Penalty:
30 penalty units.

(4A)

However, it is a defence to a prosecution for an offence against subregulation (4) if the operator has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code ).

(4B) An offence against subregulation (4) is an offence of strict liability.

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

[16] After subregulation 32 (1), including the penalty

insert

(1A)

An offence against subregulation (1) is an offence of strict liability.

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

[17] Subregulation 32 (2), note

substitute

Note 1
For the meaning of Safety Case in force for the facility , see subregulation 3 (1).
Note 2
A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code ).

[18] Subregulation 32 (3), at the foot

insert

Note 1
For the meaning of Safety Case in force for the facility , see subregulation 3 (1).
Note 2
A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see section 13.3 of the Criminal Code ).

[19] After subregulation 33 (1), including the penalty

insert

(1A)

An offence against subregulation (1) is an offence of strict liability.

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

[20] Subregulation 34 (1), at the foot

insert

Penalty:
10 penalty points.

Note
For the meaning of Safety Case in force for the facility , see subregulation 3 (1).

[21] After subregulation 34 (1)

insert

(1A) An offence against subregulation (1) is an offence of strict liability.

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

[22] After subregulation 34 (2), including the penalty

insert

(3)

An offence against subregulation (2) is an offence of strict liability.

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

[23] After subregulation 35 (1), including the penalty

insert

(1A)

An offence against subregulation (1) is an offence of strict liability.

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

[24] Subregulation 35 (2), at the foot

insert

Note
A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code ).

[25] Regulation 38

omit