Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A pipeline licensee commits an offence if:
(a) a reportable incident occurs in relation to a pipeline under a licence; and
(b) the licensee does not give the Titles Administrator an incident report either:
(i) as soon as practicable, but within 3 days after:
(A) the first occurrence of the incident; or
(B) if the incident is not detected by the licensee at the time of its first occurrence--the detection of the incident by the licensee; or
(ii) if the Titles Administrator specifies, in writing and within the period mentioned in subparagraph (i), another period for giving the report--within that period.
(2) It is a defence to a prosecution for an offence against subregulation (1) if:
(a) subparagraph (1)(b)(ii) applies to the offence; and
(b) it was not practicable for the licensee to give the report to the Titles Administrator within the specified period.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (2)--see subsection 13.3(3) of the Criminal Code .
(3) In this regulation:
"incident report" means a report that includes:
(a) all the material facts and circumstances of the incident that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including the following:
(i) the date, time and place of the incident;
(ii) the particulars of any loss or damage caused by the incident;
(iii) if petroleum or a greenhouse gas substance escaped from the pipeline or ignited--the amount of that substance and the measures taken to control the escape or fire;
(iv) the cause of the incident;
(v) the repairs (if any) carried out, or proposed to be carried out, on the pipeline; and
(b) the corrective action that has been taken, or is proposed to be taken, to prevent another incident of that kind.
"reportable incident" has the same meaning as in regulation 12.05.