Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 759

Scope

  (1)   This section applies to the following applications:

  (a)   an application under subsection   100(1) for approval to carry on one or more key petroleum operations under a declared petroleum exploration permit;

  (b)   an application under section   137 for approval to carry on one or more key petroleum operations under a declared petroleum retention lease;

  (c)   an application under subsection   163(1) for approval to carry on one more key petroleum operations under a declared petroleum production licence;

  (d)   an application under subsection   292(1) or 292A(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas assessment permit;

  (e)   an application under subsection   321(1) or 321A(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas holding lease;

  (f)   an application under section   361 for the grant of a greenhouse gas injection licence;

  (g)   an application under section   369 for the grant of a greenhouse gas injection licence;

where either or both of the following are relevant to the responsible Commonwealth Minister's decision on the application:

  (h)   the existence or non - existence of a designated agreement;

  (i)   the terms of a designated agreement.

Requirement

  (2)   If the responsible Commonwealth Minister believes on reasonable grounds that a person has information or a document that is relevant to the responsible Commonwealth Minister's decision on the application, the responsible Commonwealth Minister may, by written notice given to the person, require the person:

  (a)   to give to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, any such information; or

  (b)   to produce to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, any such documents; or

  (c)   to make copies of any such documents and to produce to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, those copies.

  (3)   A period specified under paragraph   (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.

Offence

  (4)   A person commits an offence 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:   100 penalty units.

Civil penalty

  (4A)   A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection   (2).

Civil penalty:   150 penalty units.

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

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

  (a)   subsection   (4);

  (aa)   subsection   (4A);

  (b)   section   764;

  (c)   section   765.

Note 1:   Section   764 is about giving false or misleading information.

Note 2:   Section   765 is about producing false or misleading documents.