Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 604

Scope

  (1)   This section applies if a person is convicted by a court of:

  (a)   an offence against section   97, 160, 193 or 210; or

  (b)   an offence against section   6 of the Crimes Act 1914 in relation to an offence referred to in paragraph   (a) of this subsection.

Note:   For ancillary offences, see section   11.6 of the Criminal Code .

Orders

  (2)   The court may, in addition to imposing a penalty, make any or all of the following orders:

  (a)   an order for the forfeiture of a specified aircraft or vessel used in the commission of the offence;

  (b)   an order for the forfeiture of specified equipment used in the commission of the offence;

  (c)   an order for the forfeiture of specified petroleum recovered, or conveyed through a pipeline, as the case may be, in the course of the commission of the offence;

  (d)   an order for the payment by that person to the Commonwealth of an amount equal to the proceeds of the sale of specified petroleum so recovered or conveyed;

  (e)   an order for the payment by that person to the Commonwealth of:

  (i)   an amount equal to the value at the wellhead, assessed by the court, of the quantity, so assessed, of petroleum so recovered or conveyed; or

  (ii)   such part of that amount as the court, having regard to all the circumstances, thinks fit.

  (3)   If the court is satisfied that an order under paragraph   (2)(c) cannot, for any reason, be enforced, the court may, on the application of the person by whom the proceedings were brought:

  (a)   set aside the order; and

  (b)   make either of the orders referred to in paragraphs   (2)(d) and (e).

  (4)   The court may, before making an order under this section:

  (a)   require notice to be given to such persons as the court thinks fit; and

  (b)   hear such persons as the court thinks fit.

  (5)   Goods in relation to which an order is made under this section:

  (a)   must be dealt with as the Minister administering the Australian Federal Police Act 1979 directs; and

  (b)   pending that Minister's direction, may be detained in such custody as the court directs.