9Powers of Inspectors

9 Powers of Inspectors

(1) An inspector appointed by the Joint Authority under Article 34 of the Petroleum Mining Code may, for the purpose of ascertaining whether the Petroleum Mining Code, the regulations and directions issued under Article 37 of the Petroleum Mining Code, and contract terms and conditions applying to petroleum operations in Area A of the Zone of Cooperation have been complied with, at all reasonable times and on production of a certificate of appointment as an inspector:

(a) enter or board any structure, vessel or aircraft that is in Area A and is being used for petroleum operations; and

(b) inspect and test any equipment being used or proposed to be used for petroleum operations in Area A; and

(c) enter or board any structure, vessel, aircraft or building in which the inspector has reason to believe that there are any documents relating to petroleum operations in Area A, and inspect, take extracts from and make copies of any of those documents.

(2) The person in charge of any structure, vessel, aircraft or building referred to in subsection (1) must, at the request of an inspector, provide the inspector with all reasonable facilities and assistance for the effective exercise of powers under this section.

Penalty: $5,000.

(3) A person must not obstruct or hinder an inspector exercising powers under this section.

Penalty: $5,000.

(4) Subsection (3) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code.