Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 193

  (1)   A person commits an offence if:

  (a)   the person:

  (i)   starts to construct or reconstruct an infrastructure facility; or

  (ii)   continues to construct or reconstruct an infrastructure facility; or

  (iii)   starts to alter an infrastructure facility; or

  (iv)   continues to alter an infrastructure facility; or

  (v)   operates an infrastructure facility; and

  (b)   the person's conduct occurs in an offshore area.

Penalty:   Imprisonment for 5 years.

  (2)   Subsection   (1) does not apply if the conduct is:

  (a)   authorised by an infrastructure licence; or

  (b)   otherwise authorised or required by or under this Act.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (2)--see subsection   13.3(3) of the Criminal Code .