Document ID: chunk:federal_register_of_legislation:C2024C00828:section:5
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 5
Character Range: 1436783–1439413

5               the holder of a greenhouse gas research consent                                                                                                              carry out all:
                                                                                                                                                                             (a) operations relating to the exploration for potential greenhouse gas storage formations; or
                                                                                                                                                                             (b) operations relating to the exploration for potential greenhouse gas injection sites;
                                                                                                                                                                             authorised by the consent in a proper and workmanlike manner.

 (2) Paragraphs (a) to (g) of item 2 of the table in subsection (1) have effect subject to any authorisation given, or requirement made, by or under:
 (a) this Act; or
 (b) the regulations; or
 (c) a direction under this Act.
 (3) Paragraph (b) of item 1 of the table in subsection (1) does not limit paragraph (a) of that item.
 (4) Paragraphs (a) to (g) of item 2 of the table in subsection (1) do not limit paragraph (a) of item 1 of the table.

Offence
 (5) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the requirement.
Penalty: 100 penalty units.
 (5A) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Defence
 (6) In:
 (a) a prosecution for an offence against subsection (5) in relation to a breach of a paragraph of an item of the table in subsection (1); or
 (b) an action arising out of a breach of a paragraph of an item of the table in subsection (1);
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with that paragraph.
Note: In a prosecution for an offence, the defendant bears a legal burden in relation to the matter in subsection (6)—see section 13.4 of the Criminal Code.

This section has effect subject to certain other provisions etc.
 (7) This section has effect subject to:
 (a) any other provision of this Act; and
 (b) the regulations; and
 (c) a direction given by NOPSEMA or the responsible Commonwealth Minister under:
 (i) Chapter 3; or
 (ii) this Chapter; and
 (d) any other law.