Powers of officer
122 Powers of officer
(1) Subject to this Act, a geothermal energy officer may, in relation to a geothermal authority area do any of the following:
(a) enter and inspect the area at any time, with the assistants the officer considers necessary;
(b) require the assistance of the geothermal authority holder, the operator, a contractor or another member of the workforce to obtain access to parts of the area or information necessary to enable the officer to perform the officer's functions;
(c) require a person to give the officer information that is reasonably necessary:
to assist the officer to perform a function under this Act; or
for the administration or enforcement of this Act;
(d) require the geothermal holder, the operator, a contractor or another member of the workforce to attend and answer questions in connection with an investigation into:
a serious accident or critical incident; or
a complaint received by the officer; or
other matters relevant to this Act;
issue written instructions to the operator;
(f) direct the operator to take action to ensure compliance with the geothermal operations plan for the area or other obligations under this Act;
(g) close all or part of the area if the officer has assessed there is an immediate risk of a serious accident;
(h) if the officer reasonably believes that an offence against this Act has been, is being or is about to be committed – seize or secure any thing the officer reasonably believes has been, is being or is about to be used in connection with the commission of the offence;
take any other action that may be reasonably necessary to:
protect the environment; or
(ii) ensure compliance with this Act or the operations plan for the area; or
prevent the commission of an offence against this Act.
(2) A geothermal officer exercising a power under subsection (1)(h) may do so without a warrant and with the assistance the officer considers necessary.
(3) As soon as practicable after an officer seizes a thing under subsection (1)(h), the officer must:
give the Minister a written report about the seizure; and
(b) deliver the thing to the Minister or a person authorised in writing by the Minister to accept delivery of it.
(4) A person must not contravene a requirement given to the person under this section.
Fault element: Strict liability offence.
Maximum penalty: 100 penalty units.
(5) It is a defence to a prosecution for an offence against subsection (4) if the defendant establishes a reasonable excuse.
This Act’s bill:Explanatory statementSecond reading speech
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