sec.228Prohibition on actions preventing access

### sec.228 Prohibition on actions preventing access A person must not engage in conduct for the purpose of preventing someone else from obtaining the use of a natural underground reservoir with available storage capacity in the area of a petroleum lease for storage of petroleum or a prescribed storage gas. Maximum penalty—1,000 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A , to have also committed the offence. For subsection (1) — a person engages in conduct for a particular purpose if— the conduct is or was engaged in for the purpose or for a purpose including the purpose; and the purpose is or was not an incidental or unintended consequence of the conduct engaged in; and a person may be found to have engaged in conduct for a purpose even though, after all the evidence has been considered, the existence of the purpose is ascertainable only by inference from the conduct of the person or of someone else or from other relevant circumstances. Subsection (2) (b) does not limit the way the purpose of a person may be established for subsection (1) . In this section— engage , in conduct, means doing, or refusing to do, an act. refusing to supply a service without reasonable grounds, limiting or disrupting a service making, or giving effect to, a provision of an understanding requiring the giving of, or giving, a covenant refusing to do , an act, includes— refraining, other than inadvertently, from doing the act; or making it known the act will not be done. s 228 amd 2004 No. 26 s 115 ; 2009 No. 16 s 78 ; 2013 No. 51 s 229 sch 1 (sec.228-ssec.1) A person must not engage in conduct for the purpose of preventing someone else from obtaining the use of a natural underground reservoir with available storage capacity in the area of a petroleum lease for storage of petroleum or a prescribed storage gas. Maximum penalty—1,000 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A , to have also committed the offence. (sec.228-ssec.2) For subsection (1) — a person engages in conduct for a particular purpose if— the conduct is or was engaged in for the purpose or for a purpose including the purpose; and the purpose is or was not an incidental or unintended consequence of the conduct engaged in; and a person may be found to have engaged in conduct for a purpose even though, after all the evidence has been considered, the existence of the purpose is ascertainable only by inference from the conduct of the person or of someone else or from other relevant circumstances. (sec.228-ssec.3) Subsection (2) (b) does not limit the way the purpose of a person may be established for subsection (1) . (sec.228-ssec.4) In this section— engage , in conduct, means doing, or refusing to do, an act. refusing to supply a service without reasonable grounds, limiting or disrupting a service making, or giving effect to, a provision of an understanding requiring the giving of, or giving, a covenant refusing to do , an act, includes— refraining, other than inadvertently, from doing the act; or making it known the act will not be done. - (a) a person engages in conduct for a particular purpose if— (i) the conduct is or was engaged in for the purpose or for a purpose including the purpose; and (ii) the purpose is or was not an incidental or unintended consequence of the conduct engaged in; and - (i) the conduct is or was engaged in for the purpose or for a purpose including the purpose; and - (ii) the purpose is or was not an incidental or unintended consequence of the conduct engaged in; and - (b) a person may be found to have engaged in conduct for a purpose even though, after all the evidence has been considered, the existence of the purpose is ascertainable only by inference from the conduct of the person or of someone else or from other relevant circumstances. - (i) the conduct is or was engaged in for the purpose or for a purpose including the purpose; and - (ii) the purpose is or was not an incidental or unintended consequence of the conduct engaged in; and - • refusing to supply a service - • without reasonable grounds, limiting or disrupting a service - • making, or giving effect to, a provision of an understanding - • requiring the giving of, or giving, a covenant - (a) refraining, other than inadvertently, from doing the act; or - (b) making it known the act will not be done.