Petroleum environmental inspections—powers to require information, and the production of documents and things
8 Petroleum environmental inspections—powers to require information, and the production of documents and things
Requirement to answer questions
If:
a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of a petroleum environmental inspection in relation to a petroleum title; and
the person is:
the titleholder; or
in the case of an inspection at offshore petroleum premises—the titleholder’s representative at the premises who is nominated for the inspection, or any person engaged in petroleum activities at the premises; or
in the case of an inspection at regulated business premises—any person representing the titleholder;
the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to answer the question put by the inspector.
If, at the time when a requirement under subclause (1) is imposed on a person, the person is not physically present at offshore petroleum premises or regulated business premises, the person is not obliged to comply with the requirement unless the requirement:
is in writing; and
specifies the day on or before which the question is to be answered; and
is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
The day specified under paragraph (b) must be at least 14 days after the day the requirement is imposed.
Requirement to produce documents or things
If:
a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of producing a document or thing that is reasonably connected with the conduct of a petroleum environmental inspection in relation to a petroleum title; and
the person is:
the titleholder; or
in the case of an inspection at offshore petroleum premises—the titleholder’s representative at the premises who is nominated for the inspection, or any person engaged in petroleum activities at the premises; or
in the case of an inspection at regulated business premises—any person representing the titleholder;
the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to produce the document or thing.
If, at the time when a requirement under subclause (3) is imposed on a person, the person is not physically present at offshore petroleum premises or regulated business premises, the person is not obliged to comply with the requirement unless the requirement:
is in writing; and
specifies the day on or before which the document or thing is to be produced; and
is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
The day specified under paragraph (b) must be at least 14 days after the day the requirement is imposed.
Offence
A person commits an offence if:
the person is subject to a requirement under this clause; and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
Subclause (5) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subclause (6)—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).
False information
A person commits an offence if:
the person gives information to another person; and
the person does so knowing that the information is false or misleading in a material particular; and
the information is given in compliance or purported compliance with a requirement under this clause.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
The same conduct may be an offence against both subclause (7) of this clause and section 137.1 of the Criminal Code.
Self‑incrimination
A person is not excused from answering a question or producing a document or thing when required to do so under subclause (1) or (3) on the ground that the answer to the question, or the production of the document or thing, may tend to incriminate the person or make the person liable to a penalty.
However:
the answer given or document or thing produced; or
answering the question or producing the document or thing; or
any information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document or thing;
is not admissible in evidence against the person:
in any civil proceedings; or
in any criminal proceedings other than:
proceedings for an offence against this clause; or
proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this clause.
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