26AWritten report of reportable incidents

26A Written report of reportable incidents

(1) A titleholder commits an offence if: (a) the titleholder undertakes an activity; and (b) there is a reportable incident; and (c) the titleholder does not submit a written report of the reportable incident in accordance with subregulation (4).

Penalty: 40 penalty units.

(2) However, it is a defence to a prosecution for an offence against subregulation (1) if the titleholder has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

(3) An offence against subregulation (1) is an offence of strict liability.

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

(4) A written report under subregulation (1): (a) must be given to the Regulator; and (b) must be given as soon as practicable, and in any case: (i) not later than 3 days after the first occurrence of the reportable incident; or (ii) if the Regulator specifies, within 3 days after the first occurrence of the reportable incident, another period within which the report must be provided—within that period; and (c) must contain: (i) all material facts and circumstances concerning the reportable incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and (ii) any action taken to avoid or mitigate any adverse environment impacts of the reportable incident; and (iii) the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the reportable incident; and (iv) the action that has been taken, or is proposed to be taken, to prevent a similar incident occurring in the future. (5) Within 7 days after giving a written report of a reportable incident to the Regulator, the titleholder must give a copy of the report to: (a) the Titles Administrator; and (b) the Department of the responsible State Minister, or the responsible Northern Territory Minister.