Samples
61L Samples
A permittee or licensee must offer to the Minister:
(a) all cuttings collected and core obtained from a well within 6 months after rig release; and
(b) all fluid and gas samples obtained from a well as soon as practicable after they are collected.
(2) A sample must be collected, prepared, identified and provided to the Minister in accordance with any guidelines published by the Minister for the purposes of this section.
(3) A sample, or a portion of a sample, provided to the Minister must be accompanied by the approved form.
The Minister may:
(a) determine that a sample, or a class of sample, is not required to be submitted to the Minister; or
(b) determine that a portion of a sample may be retained by the permittee or licensee.
(5) The Minister may require that a sample, or a portion of a sample, retained by a permittee or licensee under subsection (4), be submitted to the Minister at a later time.
A sample, or a portion of a sample, must not be:
(a) sent overseas by a permittee or licensee without the approval of the Minister; or
(b) disposed of or destroyed by a permittee or licensee without the approval of the Minister.
(7) An approval under subsection (6) may be granted subject to conditions determined by the Minister.
(8) The Minister may store, retain or dispose of a sample, or a portion of a sample, provided under this section as the Minister considers appropriate.
(9) The Minister may release a sample, or a portion of a sample, as provided by regulation.
(10) A permittee or licensee commits an offence if the permittee or licensee is required to comply with a provision of this section and the permittee or licensee contravenes that requirement.
Maximum penalty: 200 penalty units.
(11) A permittee or licensee commits an offence if the permittee or licensee is subject to a condition imposed by the Minister under this section and the permittee or licensee contravenes that condition.
Maximum penalty: 200 penalty units.
(12) An offence against subsection (10) or (11) is an offence of strict liability.
(13) It is a defence to a prosecution for an offence against subsection (10) or (11) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
Note for subsection (13)
The defendant has an evidential burden in relation to the matters in subsection (13) (see section 43BU of the Criminal Code).
(14) The defendant has the legal burden of proof in relation to a matter mentioned in subsection (13).
In this section:
sample means:
cuttings and cores; and
fluid and gas acquired as samples.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.