Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 577

Action by NOPSEMA

  (1)   If:

  (a)   a person is subject to a direction given by the Joint Authority, the Titles Administrator or NOPSEMA under:

  (i)   Chapter   2; or

  (ii)   this Chapter (other than Part   6.3, section   587 or Division   2 of Part   6.4); or

  (iii)   Part   7.1; or

  (iv)   the regulations; and

  (b)   the person engages in conduct; and

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

NOPSEMA may do any or all of the things required by the direction to be done.

Note:   See sections   582A, 588, 589, 595A and 596A for action that may be taken if a direction is given under Part   6.3, section   587 or Division   2 of Part   6.4.

Recovery of costs and expenses incurred by NOPSEMA

  (3)   Costs or expenses incurred by NOPSEMA under subsection   (1) in relation to a direction are:

  (a)   a debt due to NOPSEMA by the person subject to the direction; and

  (b)   recoverable in:

  (i)   the Federal Court; or

  (ii)   the Federal Circuit and Family Court of Australia (Division   2); or

  (iii)   a court of a State or Territory that has jurisdiction in relation to the matter.

Exception--direction that has an extended application

  (4)   If:

  (a)   a direction under section   574 applies to:

  (i)   a registered holder; and

  (ii)   another person; and

  (b)   an action under subsection   (3) relating to the direction is brought against the other person; 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;

the other person is not liable under subsection   (3) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.

Defence

  (5)   In an action under subsection   (3), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.