Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 576

Basic rule

  (1)   A person contravenes this subsection if:

  (a)   the person is subject to a direction under section   574 or 574A; and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches the direction.

Note 1:   NOPSEMA may do anything required to be done under a direction under section   574 in the event of a breach of the direction (see section   577).

Note 2:   The responsible Commonwealth Minister may do anything required to be done under a direction under section   574A in the event of a breach of the direction (see section   577A).

Note 3:   It is a defence in a proceeding for an offence or civil penalty order under this section if the person subject to the direction proves that the person took all reasonable steps to comply with the direction (see section   578).

Fault - based offence

  (2)   A person commits an offence if the person contravenes subsection   (1).

Penalty:   5 years imprisonment or 2,000 penalty units, or both.

  (3)   For the purposes of applying Chapter   2 of the Criminal Code to the offence in subsection   (2), the physical elements of the offence are set out in subsection   (1).

Note:   Chapter   2 of the Criminal Code sets out general principles of criminal responsibility.

Strict liability offence

  (4)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   100 penalty units.

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

Civil penalty provision

  (5)   A person is liable to a civil penalty if the person contravenes subsection   (1).

Civil penalty:   525 penalty units.

Defences--breach of direction by person other than a registered holder

  (6)   Subsection   (7) applies in relation to a breach of a direction if:

  (a)   both of the following persons are subject to the direction:

  (i)   a registered holder;

  (ii)   another person; and

  (b)   the other person is prosecuted for an offence against subsection   (2) or (4), or a civil penalty is sought for the purposes of subsection   (5), in relation to the other person's breach of the direction; and

  (c)   the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction.

  (7)   Unless it is proved that the other person knew, or could reasonably be expected to have known, of the existence of the direction:

  (a)   if the other person is prosecuted for an offence--the other person is not to be convicted of the offence; or

  (b)   if a civil penalty order is sought against the other person--the order is not to be made against the other person.

Continuing offences

  (8)   A person who commits an offence against subsection   (2) or (4) commits a separate offence in respect of each day (including a day of a conviction under that subsection or any later day) during which the offence against that subsection continues.

  (9)   The maximum penalty for each day that the offence continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Continuing contraventions of civil penalty provisions

  (10)   A person who contravenes subsection   (5) 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.

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