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Petroleum Act 1984
61LSamples
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61L Samples
(1) A permittee or licensee must offer to the Minister:
(a) all cuttings collected and core obtained from a well within
6 months after rig release; and
(b) all fluid and gas samples obtained from a well as soon as
practicable after they are collected.
(2) A sample must be collected, prepared, identified and provided to
the Minister in accordance with any guidelines published by the
Minister for the purposes of this section.
(3) A sample, or a portion of a sample, provided to the Minister must be
accompanied by the approved form.
(4) The Minister may:
(a) determine that a sample, or a class of sample, is not required
to be submitted to the Minister; or
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(b) determine that a portion of a sample may be retained by the
permittee or licensee.
(5) The Minister may require that a sample, or a portion of a sample,
retained by a permittee or licensee under subsection (4), be
submitted to the Minister at a later time.
(6) A sample, or a portion of a sample, must not be:
(a) sent overseas by a permittee or licensee without the approval
of the Minister; or
(b) disposed of or destroyed by a permittee or licensee without
the approval of the Minister.
(7) An approval under subsection (6) may be granted subject to
conditions determined by the Minister.
(8) The Minister may store, retain or dispose of a sample, or a portion
of a sample, provided under this section as the Minister considers
appropriate.
(9) The Minister may release a sample, or a portion of a sample, as
provided by regulation.
(10) A permittee or licensee commits an offence if the permittee or
licensee is required to comply with a provision of this section and
the permittee or licensee contravenes that requirement.
(11) A permittee or licensee commits an offence if the permittee or
licensee is subject to a condition imposed by the Minister under this
section and the permittee or licensee contravenes that condition.
(12) An offence against subsection (10) or (11) is an offence of strict
(13) It is a defence to a prosecution for an offence against
subsection (10) or (11) if the defendant took reasonable steps and
Note for subsection (13)
subsection (13) (see section 43BU of the Criminal Code).
(14) The defendant has the legal burden of proof in relation to a matter
mentioned in subsection (13).
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(15) In this section:
sample means:
(a) cuttings and cores; and
(b) fluid and gas acquired as samples.