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PETROLEUM (OFFSHORE) ACT 1982 - SECT 101

Directions

101 Directions

(1) The Minister may, by instrument in writing served on the registered holder of a permit, lease, licence, pipeline licence, special prospecting authority or access authority, give to the registered holder a direction as to any matter with respect to which regulations may be made.
(2) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
(a) a specified class of persons, being a class constituted by or included in one or both of the following classes of persons:
(i) servants or agents of, or persons acting on behalf of, the registered holder,
(ii) persons performing work or services, whether directly or indirectly, for the registered holder, or
(b) any person (not being a person to whom the direction applies otherwise than in accordance with this paragraph) who is in the adjacent area for any reason touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil or is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of that kind,
and where a direction so expressed is given, the direction shall be deemed to apply to each person included in that specified class or to each person who is in the adjacent area as mentioned in paragraph (b), as the case may be.
(2A) Where a direction under this section applies to a registered holder and to a person referred to in subsection (2) (a), the registered holder shall cause a copy of the instrument by which the direction was given to be given to that other person or to be exhibited at a prominent position at a place in an adjacent area frequented by that other person.
Maximum penalty: 50 penalty units.
(2B) Where a direction under this section applies to a registered holder and to a person referred to in subsection (2) (b), the registered holder shall cause a copy of the instrument by which the direction was given to be exhibited at a prominent position at a place in an adjacent area.
Maximum penalty: 50 penalty units.
(2C) Where a direction under this section applies to a registered holder and to a person referred to in subsection (2) (b), the Minister may, by notice in writing given to the registered holder, require the registered holder to cause to be displayed at such places in an adjacent area, and in such manner, as are specified in the notice, copies of the instrument by which the direction was given, and the registered holder shall comply with that requirement.
Maximum penalty: 50 penalty units.
(3) The Minister shall not give a direction of a standing or permanent nature except after consultation with the Minister of State for the time being administering the Commonwealth Act, but the validity of a direction of the Minister shall not be called in question by reason only of a failure to comply with this subsection.
(4) A direction under this section has effect and shall be complied with notwithstanding any previous direction under this section or anything in the regulations or the applied provisions.
(5) Section 152 (2A) and (2B) applies in relation to directions under this section in like manner as those subsections apply to the regulations.
(6) A person to whom a direction in force under subsection (1) is applicable shall comply with the direction.
Maximum penalty for an offence against this subsection: 100 penalty units.
(7) Where:
(a) a direction under this section applies to a registered holder and another person and that other person is prosecuted for an offence against subsection (6) in relation to the direction, and
(b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction,
the person shall not be convicted of the offence unless the prosecutor proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.



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