Document ID: chunk:federal_register_of_legislation:C2019A00092:clause:2b_7
Version: federal_register_of_legislation:C2019A00092
Segment Type: clause
Provision Reference: sch 2B cl 7
Character Range: 151403–153092

7  Well integrity inspections—power to require assistance

Requirement to provide assistance
 (1) A NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of a well integrity inspection at or near a facility that relates to a title, require:
 (a) the titleholder; or
 (b) the titleholder's representative at the facility who is nominated for the inspection;
to provide the inspector with reasonable assistance and facilities:
 (c) that is or are reasonably connected with the conduct of the inspection at or near the facility; or
 (d) for the effective exercise of the inspector's powers in connection with the conduct of the inspection at or near the facility.
 (2) The reasonable assistance referred to in subclause (1) includes, so far as the titleholder is concerned:
 (a) appropriate transport to or from the facility for the inspector and for any equipment required by the inspector, or any thing of which the NOPSEMA inspector has taken possession; and
 (b) reasonable accommodation and means of subsistence while the inspector is at the facility.

Offence
 (3) A person commits an offence if:
 (a) the person is subject to a requirement under this clause; and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
 (4) Subclause (3) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause (4)—see subsection 13.3(3) of the Criminal Code.
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).