Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_8:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 8 (pt 1/5)
Character Range: 2085213–2087990

8  Environmental inspections—powers to require information, and the production of documents and things

Requirement to answer questions
 (1) If:
 (a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of an environmental inspection in relation to a petroleum title or a greenhouse gas title; and
 (b) the person is:
 (i) the titleholder; or
 (ii) in the case of an inspection at offshore premises—the titleholder's representative at the premises who is nominated for the inspection, or any person engaged in petroleum activities or greenhouse gas activities at the premises; or
 (iii) in the case of an inspection at regulated business premises that are occupied by the titleholder—a person representing the titleholder; or
 (iv) in the case of an inspection at regulated business premises that are occupied by a related body corporate of the titleholder—a person representing the related body corporate; or
 (v) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (c)(ii) of the definition of regulated business premises in clause 2—a person representing the person; or
 (vi) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (d)(ii) of the definition of regulated business premises in clause 2—a person representing the person;
the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to answer the question put by the inspector.
 (2) If, at the time when a requirement under subclause (1) is imposed on a person, the person is not physically present at offshore premises or regulated business premises, the person is not obliged to comply with the requirement unless the requirement:
 (a) is in writing; and
 (b) specifies the day on or before which the question is to be answered; and
 (c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
The day specified under paragraph (b) must be at least 14 days after the day the requirement is imposed.

Requirement to produce documents or things
 (3) If:
 (a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of producing a document or thing that is reasonably connected with the conduct of an environmental inspection in relation to a petroleum title or a greenhouse gas title; and
 (b) the person is:
 (i) the titleholder; or
 (ii) in the case of an inspection at offshore premises—the titleholder's representative at the premises who is nominated for the inspection, or any person engaged in petroleum activities or greenhouse gas