26BReporting recordable incidents

#### 26B Reporting recordable incidents (1) A titleholder commits an offence if: (a) the titleholder undertakes an activity; and (b) there is a recordable incident; and (c) the titleholder does not submit a written report of the recordable 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 relate to a calendar month; and (c) must be given as soon as practicable after the end of the calendar month, and in any case not later than 15 days after the end of the calendar month; and (d) must contain: (i) a record of all recordable incidents that occurred during the calendar month; and (ii) all material facts and circumstances concerning the recordable incidents that the titleholder knows or is able, by reasonable search or enquiry, to find out; and (iii) any action taken to avoid or mitigate any adverse environment impacts of the recordable incidents; and (iv) the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the recordable incident; and (v) the action that has been taken, or is proposed to be taken, to prevent a similar incident occurring in the future.