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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 508

Titles Administrator may obtain information from a party to an approved dealing

Scope

  (1)   This section applies if:

  (a)   a person is a party to a dealing relating to a title; and

  (b)   the dealing has been approved under section   493.

Requirement to give information

  (2)   The Titles Administrator may, by written notice given to the person, require the person to give to the Titles Administrator, within the period and in the manner specified in the notice, such information about alterations in the interests or rights existing in relation to the title as the Titles Administrator considers necessary or advisable.

  (3)   A period specified under subsection   (2) must not be shorter than 14   days after the notice is given.

Offences

  (4)   A person commits an offence of strict liability if:

  (a)   the person has been given a notice under subsection   (2); and

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

  (c)   the omission contravenes a requirement in the notice.

Penalty:   50 penalty units.

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

  (5)   A person commits an offence if:

  (a)   the Titles Administrator requires the person to give information under subsection   (2); and

  (b)   the person gives information; and

  (c)   the person does so knowing that the information is false or misleading in a material particular.

Penalty:   50 penalty units.

Civil penalty

  (5A)   A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection   (2).

Civil penalty:   90 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions

  (5B)   The maximum penalty for each day that an offence under subsection   (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note:   Subsection   (4) is a continuing offence under section   4K of the Crimes Act 1914 .

  (5C)   The maximum civil penalty for each day that a contravention of subsection   (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note:   Subsection   (5A) is a continuing civil penalty provision under section   93 of the Regulatory Powers Act.

Notice to set out the effect of offence and civil penalty provisions

  (6)   A notice under subsection   (2) must set out the effect of the following provisions:

  (a)   subsection   (4);

  (b)   subsection   (5);

  (c)   subsection   (5A);

  (d)   subsection   (5B);

  (e)   subsection   (5C).

Note:   The same conduct may be an offence against both subsection   (5) of this section and section   137.1 of the Criminal Code .


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