12Petroleum environmental inspections—tampering with and removing notices

12 Petroleum environmental inspections—tampering with and removing notices

Tampering with notice (1) A person must not tamper with any notice that has been displayed under subclause 9(3) or 11(2) while that notice is so displayed. Removing notice (2) If a notice has been displayed under subclause 9(3), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to the premises from which it was removed. (3) If a notice has been displayed under subclause 11(2), a person must not remove the notice before the notice has ceased to have effect. Offence (4) A person commits an offence if: (a) the person is subject to a requirement under subclause (1), (2) or (3); and (b) the person engages in conduct; and (c) the conduct breaches the requirement.

Penalty: 50 penalty units.

(5) Subclause (4) does not apply if the person has a reasonable excuse.

Note 1: A defendant bears an evidential burden in relation to the matter in subclause (5)—see subsection 13.3(3) of the Criminal Code.

Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).

(6) An offence against subclause (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.