7Petroleum environmental inspections—power to require assistance

7 Petroleum environmental inspections—power to require assistance

Requirement to provide assistance (1) A NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of a petroleum environmental inspection at or near offshore petroleum premises in relation to a petroleum title, require: (a) the titleholder; or (b) the titleholder’s representative at the premises who is nominated for the inspection; to provide the inspector with reasonable assistance and facilities: (c) that is or are reasonably connected with the conduct of the inspection at or near the premises; or (d) for the effective exercise of the inspector’s powers in connection with the conduct of the inspection at or near the premises. (2) The reasonable assistance referred to in subclause (1) includes, so far as the titleholder is concerned: (a) appropriate transport to or from the premises for the inspector and for any equipment required by the inspector, or any thing of which the NOPSEMA inspector has taken possession; and (b) reasonable accommodation and means of subsistence while the inspector is at the premises. Offence (3) A person commits an offence if: (a) the person is subject to a requirement under this clause; and (b) the person omits to do an act; and (c) the omission breaches the requirement.

Penalty: Imprisonment for 6 months or 60 penalty units, or both.

(4) Subclause (3) 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 (4)—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).