165General requirement to retain core, cutting or sample in Australia

165  General requirement to retain core, cutting or sample in Australia

Core, cutting or sample must generally be kept in Australia

 (1) A greenhouse gas titleholder must retain a core, cutting or sample in Australia if:

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

 (b) the titleholder collects the core, cutting or sample in connection with the operation.

 (2) Subsection (1) does not apply to a greenhouse gas titleholder if:

 (a) the core, cutting or sample is taken or sent outside Australia by, or on behalf of, the greenhouse gas titleholder; and

 (b) the titleholder gives a written notice to the Titles Administrator in accordance with subsection (3).

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).

 (3) For the purposes of paragraph (2)(b), the notice must:

 (a) be given to the Titles Administrator before the end of the day that is immediately after the day that the core, cutting or sample was taken or sent out of Australia; and

 (b) state that the titleholder has taken or sent, or will take or send, the core, cutting or sample out of Australia; and

 (c) specify the location outside Australia where the core, cutting or sample will be stored; and

 (d) describe what analysis will be conducted on the core, cutting or sample; and

 (e) state whether the analysis will involve the destruction of the core, cutting or sample or a part of the core, cutting or sample.

 (4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

 (5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Titles Administrator may request return of core, cutting or sample

 (a) a core, cutting or sample is taken outside Australia by, or on behalf of, a greenhouse gas titleholder; and

 (b) the titleholder does not give the Titles Administrator a written notice in accordance with subsection (3);

the Titles Administrator may, in writing, request that the titleholder ensure that the core, cutting or sample is returned to Australia within a reasonable period specified in the request.

 (7) The titleholder must comply with the request.

 (8) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (7).

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.