8Petroleum environmental inspections—powers to require information, and the production of documents and things

8 Petroleum environmental inspections—powers to require information, and the production of documents and things

Requirement to answer questions (1) If: (a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of a petroleum environmental inspection in relation to a petroleum title; and (b) the person is: (i) the titleholder; or (ii) in the case of an inspection at offshore petroleum premises—the titleholder’s representative at the premises who is nominated for the inspection, or any person engaged in petroleum activities at the premises; or (iii) in the case of an inspection at regulated business premises—any person representing the titleholder; the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to answer the question put by the inspector. (2) If, at the time when a requirement under subclause (1) is imposed on a person, the person is not physically present at offshore petroleum premises or regulated business premises, the person is not obliged to comply with the requirement unless the requirement: (a) is in writing; and (b) specifies the day on or before which the question is to be answered; and (c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence. The day specified under paragraph (b) must be at least 14 days after the day the requirement is imposed. Requirement to produce documents or things (3) If: (a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of producing a document or thing that is reasonably connected with the conduct of a petroleum environmental inspection in relation to a petroleum title; and (b) the person is: (i) the titleholder; or (ii) in the case of an inspection at offshore petroleum premises—the titleholder’s representative at the premises who is nominated for the inspection, or any person engaged in petroleum activities at the premises; or (iii) in the case of an inspection at regulated business premises—any person representing the titleholder; the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to produce the document or thing. (4) If, at the time when a requirement under subclause (3) is imposed on a person, the person is not physically present at offshore petroleum premises or regulated business premises, the person is not obliged to comply with the requirement unless the requirement: (a) is in writing; and (b) specifies the day on or before which the document or thing is to be produced; and (c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence. The day specified under paragraph (b) must be at least 14 days after the day the requirement is imposed. Offence (5) 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.