Document ID: chunk:federal_register_of_legislation:C2019A00092:clause:2b_6
Version: federal_register_of_legislation:C2019A00092
Segment Type: clause
Provision Reference: sch 2B cl 6
Character Range: 150229–151403

6  Well integrity inspections—obstructing or hindering NOPSEMA inspector
 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct obstructs or hinders a NOPSEMA inspector in the exercise of the inspector's powers under clause 4 or 5.
Penalty: 60 penalty units.
 (2) A person is liable for a civil penalty if the person obstructs or hinders a NOPSEMA inspector in the exercise of the inspector's powers under clause 4 or 5.
Civil penalty: 135 penalty units.
 (3) Subclause (1) or (2) does not apply if the person has a reasonable excuse.
Note 1: In proceedings for an offence against subclause (1), the defendant bears an evidential burden in relation to the matter in subclause (3)—see subsection 13.3(3) of the Criminal Code. The same applies in proceedings for a civil penalty under subclause (2)—see section 96 of the Regulatory Powers Act.
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).
Note 3: The same conduct may be an offence against both subclause (1) of this clause and section 149.1 of the Criminal Code.

Division 2—Well integrity inspections: compliance powers