Document ID: chunk:federal_register_of_legislation:C2024C00828:section:228
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 228
Character Range: 570099–572680

228  Ceasing to operate pipeline without consent

Offence
 (1) A person commits an offence of strict liability if:
 (a) the person is a pipeline licensee in relation to a pipeline; and
 (b) the person ceases to operate the pipeline.
Penalty: 100 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty
 (1A) A person who is a pipeline licensee in relation to a pipeline is liable to a civil penalty if the person ceases to operate the pipeline.
Civil penalty: 265 penalty units.

Exceptions
 (2) Subsection (1) or (1A) does not apply if the failure of the licensee to operate the pipeline is:
 (a) with the written consent of the Joint Authority; and
 (b) in accordance with the conditions (if any) specified in the consent.
Note: In proceedings for an offence against subsection (1), the defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. The same applies in proceedings for a civil penalty under subsection (1A) of this section.
 (3) Subsection (1) or (1A) does not apply if the failure of the licensee to operate the pipeline was:
 (a) in the ordinary course of operating the pipeline; or
 (b) for the purpose of repairing or maintaining the pipeline; or
 (c) in an emergency in which there was a likelihood of loss or injury.
Note: In proceedings for an offence against subsection (1), the defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code. The same applies in proceedings for a civil penalty under subsection (1A) of this subsection.

Continuing offences
 (4) A person who commits an offence against subsection (1) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues.
 (5) The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Continuing contraventions of civil penalty provisions
 (6) A person who contravenes subsection (1A) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.
 (7) The maximum civil penalty for each day that a contravention of subsection (1A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Part 2.7—Petroleum special prospecting authorities

Division 1—General provisions