Commonwealth Consolidated Acts Commonwealth Consolidated ActsOffence
(1) A person commits an offence of strict liability if:
(a) the person is a pipeline licensee in relation to a pipeline; and
(b) the person ceases to operate the pipeline.
Note: For strict liability, see section 6.1 of the Criminal Code .
Civil penalty
(1A) A person who is a pipeline licensee in relation to a pipeline is liable to a civil penalty if the person ceases to operate the pipeline.
Civil penalty: 265 penalty units.
Exceptions
(2) Subsection (1) or (1A) does not apply if the failure of the licensee to operate the pipeline is:
(a) with the written consent of the Joint Authority; and
(b) in accordance with the conditions (if any) specified in the consent.
Note: In proceedings for an offence against subsection (1), the defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code . The same applies in proceedings for a civil penalty under subsection (1A) of this section.
(3) Subsection (1) or (1A) does not apply if the failure of the licensee to operate the pipeline was:
(a) in the ordinary course of operating the pipeline; or
(b) for the purpose of repairing or maintaining the pipeline; or
(c) in an emergency in which there was a likelihood of loss or injury.
Note: In proceedings for an offence against subsection (1), the defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code . The same applies in proceedings for a civil penalty under subsection (1A) of this subsection.
Continuing offences
(4) A person who commits an offence against subsection (1) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues.
(5) The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Continuing contraventions of civil penalty provisions
(6) A person who contravenes subsection (1A) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.
(7) The maximum civil penalty for each day that a contravention of subsection (1A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.