Petroleum environmental inspections—tampering with and removing notices
12 Petroleum environmental inspections—tampering with and removing notices
Tampering with notice
A person must not tamper with any notice that has been displayed under subclause 9(3) or 11(2) while that notice is so displayed.
Removing notice
If a notice has been displayed under subclause 9(3), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to the premises from which it was removed.
If a notice has been displayed under subclause 11(2), a person must not remove the notice before the notice has ceased to have effect.
Offence
A person commits an offence if:
the person is subject to a requirement under subclause (1), (2) or (3); and
the person engages in conduct; and
the conduct breaches the requirement.
Penalty: 50 penalty units.
Subclause (4) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subclause (5)—see subsection 13.3(3) of the Criminal Code.
See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).
An offence against subclause (4) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
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