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Petroleum and Gas (Production and Safety) Act 2004
sec.706Requirement to report prescribed incident
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### sec.706 Requirement to report prescribed incident
A regulation may prescribe the types of incidents happening at an operating plant or relating to a gas related device (each a prescribed incident ) that must be notified to the chief inspector.
If a prescribed incident happens at an operating plant, the operator of the plant must notify the chief inspector.
Maximum penalty—100 penalty units.
If a prescribed incident happens at a business other than at an operating plant and the prescribed incident relates to a gas related device, the person carrying on the business must notify the chief inspector.
Maximum penalty—100 penalty units.
The notification under subsection (2) or (3) must be made—
by telephone as soon as possible after becoming aware of the prescribed incident, using the telephone number notified on a Queensland Government website for the purpose; and
in the approved form within 2 business days after the prescribed incident.
The approved form mentioned in subsection (4) (b) must make provision for particular information to be provided about the prescribed incident.
The telephone notification mentioned in subsection (4) (a) must include the required information to the extent the required information is known to the operator mentioned in subsection (2) or the person mentioned in subsection (3) .
If the operator mentioned in subsection (2) or the person mentioned in subsection (3) does not know the required information at the time the operator or person is required to notify the chief inspector under subsection (4) (b) , the operator or person must—
take all reasonable steps to find out the required information as soon as possible; and
as soon as possible after the required information becomes known to the operator or person, give the required information to the chief inspector.
Maximum penalty—100 penalty units.
For a proceeding under subsection (2) , (3) or (7) , it is not a defence that the giving of the required information might tend to incriminate the operator or the person.
The required information is not admissible in evidence against the operator or person in a criminal proceeding.
Subsection (9) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information.
The operator or person is taken to have complied with subsection (2) or (3) if—
the Coal Mining Safety and Health Act 1999 , section 198 applies to the operator or person; and
the operator or person has complied with that section.
In this section—
required information means the information required by the approved form mentioned in subsection (4) (b) .
s 706 amd 2007 No. 46 s 223 ; 2010 No. 17 s 79
sub 2024 No. 34 s 235
(sec.706-ssec.1) A regulation may prescribe the types of incidents happening at an operating plant or relating to a gas related device (each a prescribed incident ) that must be notified to the chief inspector.
(sec.706-ssec.2) If a prescribed incident happens at an operating plant, the operator of the plant must notify the chief inspector. Maximum penalty—100 penalty units.
(sec.706-ssec.3) If a prescribed incident happens at a business other than at an operating plant and the prescribed incident relates to a gas related device, the person carrying on the business must notify the chief inspector. Maximum penalty—100 penalty units.
(sec.706-ssec.4) The notification under subsection (2) or (3) must be made— by telephone as soon as possible after becoming aware of the prescribed incident, using the telephone number notified on a Queensland Government website for the purpose; and in the approved form within 2 business days after the prescribed incident.
(sec.706-ssec.5) The approved form mentioned in subsection (4) (b) must make provision for particular information to be provided about the prescribed incident.
(sec.706-ssec.6) The telephone notification mentioned in subsection (4) (a) must include the required information to the extent the required information is known to the operator mentioned in subsection (2) or the person mentioned in subsection (3) .
(sec.706-ssec.7) If the operator mentioned in subsection (2) or the person mentioned in subsection (3) does not know the required information at the time the operator or person is required to notify the chief inspector under subsection (4) (b) , the operator or person must— take all reasonable steps to find out the required information as soon as possible; and as soon as possible after the required information becomes known to the operator or person, give the required information to the chief inspector. Maximum penalty—100 penalty units.
(sec.706-ssec.8) For a proceeding under subsection (2) , (3) or (7) , it is not a defence that the giving of the required information might tend to incriminate the operator or the person.
(sec.706-ssec.9) The required information is not admissible in evidence against the operator or person in a criminal proceeding.
(sec.706-ssec.10) Subsection (9) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information.
(sec.706-ssec.11) The operator or person is taken to have complied with subsection (2) or (3) if— the Coal Mining Safety and Health Act 1999 , section 198 applies to the operator or person; and the operator or person has complied with that section.
(sec.706-ssec.12) In this section— required information means the information required by the approved form mentioned in subsection (4) (b) .
- (a) by telephone as soon as possible after becoming aware of the prescribed incident, using the telephone number notified on a Queensland Government website for the purpose; and
- (b) in the approved form within 2 business days after the prescribed incident.
- (a) take all reasonable steps to find out the required information as soon as possible; and
- (b) as soon as possible after the required information becomes known to the operator or person, give the required information to the chief inspector.
- (a) the Coal Mining Safety and Health Act 1999 , section 198 applies to the operator or person; and
- (b) the operator or person has complied with that section.