405General regime for criminal offences

#### 405 General regime for criminal offences (1) The following provisions of this Act create offences: (a) section 38 (exploration or recovery without appropriate authorisation); (b) section 44 (interference with rights); (c) sections 123, 183, 259 and 308 (failure to comply with work practice requirements); (d) sections 124, 184, 261 and 309 (failure to keep records); (e) sections 125, 185, 262, 310 and 384 (failure to assist inspector); (f) section 364 (failure to give document relevant to application for approval of a transfer); (g) section 372 (failure to appear or to provide information, document or samples); (h) section 374 (failure to keep information etc. confidential); (i) section 385 (failure to comply with a direction given by Designated Authority); (j) subsection 391(1) (failure to give associate notice of a direction); (k) section 404 (failure to comply with safety zone conditions); (l) section 423 (failure to return an inspector identity card). (2) The Crimes Act 1914 and the Criminal Code contain provisions that are relevant to the operation of this Act. > Note 1: See sections 4AA, 4AB and 4B of the Crimes Act 1914 for further details on penalties. Section 4AA provides for the amount of a penalty unit. > Note 2: See Parts 7.3 and 7.4 of the Criminal Code (which deal with fraudulent conduct and false or misleading statements). Those Parts are relevant to statements made in applications under this Act and statements made in documents that are relevant to the calculation of fees (for example, fees payable under the Registration Fees Act for transfers and other dealings). > Note 3: See Part 5.6 of the Criminal Code for offences relating to secrecy of information. > Note 4: See section 145.4 of the Criminal Code for a general offence relating to the falsification of documents kept for the purposes of a law of the Commonwealth. This offence is relevant to offshore mining registers. > Note 5: See also the following provisions of the Crimes Act 1914: > Note: section 4J (when indictable offences can be dealt with summarily); > Note: section 4K (continuing offences); > Note: section 15B (time for bringing prosecutions); > Note: section 35 (giving false testimony). > Note 6: The Proceeds of Crimes Act 1987 provides for pecuniary penalties and forfeiture orders. > Note 7: See also section 149.1 of the Criminal Code, which deals with obstruction of Commonwealth public officials.