120Requirement to return core, cutting or sample to Australia

120  Requirement to return core, cutting or sample to Australia

 (a) a petroleum titleholder undertakes an operation in an offshore area; and

 (b) the titleholder collects a core, cutting or sample in connection with the operation; and

 (c) the core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia.

 (2) The petroleum titleholder must ensure that the core, cutting or sample that remains after the analysis is completed is returned to Australia within:

 (a) if the titleholder gave written notice to the Titles Administrator in accordance with subsection 119(3) in relation to the core, cutting or sample:

 (b) otherwise—within 12 months of the day that the core, cutting or sample was taken or sent outside Australia.

 (3) Subsection (2) does not apply to a petroleum titleholder if the core, cutting or sample is destroyed as part of the analysis of the core, cutting or sample.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Note: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.

Note: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.