Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 210

General offence

  (1)   A person commits an offence if:

  (a)   the person:

  (i)   starts to construct or reconstruct a pipeline; or

  (ii)   continues to construct or reconstruct a pipeline; or

  (iii)   starts to alter a pipeline; or

  (iv)   continues to alter a pipeline; or

  (v)   operates a pipeline; and

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

Penalty:   Imprisonment for 5 years.

  (2)   Subsection   (1) does not apply to conduct that is authorised by a pipeline licence.

Note 1:   The defendant bears an evidential burden in relation to the matter in subsection   (2)--see subsection   13.3(3) of the Criminal Code .

Note 2:   See also subsections   (7) and (8) of this section.

Defences

  (7)   Subsection   (1) does not apply if:

  (a)   in an emergency in which there is a likelihood of loss or injury; or

  (b)   for the purpose of maintaining a pipeline in good order or repair;

the person engages in the conduct to avoid that loss or injury, or to maintain the pipeline in good order and repair, and the person:

  (c)   as soon as practicable, notifies NOPSEMA and the Titles Administrator of the conduct; and

  (d)   complies with any directions given to the person by NOPSEMA or the responsible Commonwealth Minister.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (7)--see subsection   13.3(3) of the Criminal Code .

  (8)   Subsection   (1) does not apply to anything done in compliance with a direction under:

  (a)   this Act; or

  (b)   the regulations.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (8)--see subsection   13.3(3) of the Criminal Code .