Commonwealth Numbered Regulations

1996 No. 298 PETROLEUM (SUBMERGED LANDS) (MANAGEMENT OF SAFETY ON OFFSHORE FACILITIES) REGULATIONS - REG 32

32. (1) Subject to this regulation, a person on a facility must not have, in
his or her possession or under his or her control:

   (a)  a controlled substance; or

   (b)  an intoxicant. Penalty: 10 penalty units

(2) In proceedings for an offence under paragraph (1) (a), it is a defence:

   (a)  that the controlled substance was a therapeutic drug; and

   (b)  that the person had the therapeutic drug in his or her possession or
        under his or her control:

        (i)    in accordance with the Safety Case in force for the facility;
               or

        (ii)   in the course of the person's employment or duties; or

        (iii)  in the course of the person's duties or practice as a qualified
               medical practitioner, a qualified nurse or a qualified
               pharmacist; or

        (iv)   in accordance with the law of a State or Territory in force in,
               or applied to, the adjacent area in which the facility is
               located; or

        (v)    where the person had lawfully acquired the therapeutic drug-
               for the person's bona fide personal use.
[NOTE: For the meaning of "Safety Case in force for the facility", see subr. 3
(1).]

(3) In proceedings for an offence under paragraph (1) (b), it is a defence
that the person had the intoxicant in his or her possession or under his or
her control in accordance with the Safety Case in force  for the facility.