Document ID: chunk:federal_register_of_legislation:C2024C00828:section:210
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 210
Character Range: 515360–517053

210  Prohibition of unauthorised construction or operation of a pipeline in an offshore area

General offence
 (1) A person commits an offence if:
 (a) the person:
 (i) starts to construct or reconstruct a pipeline; or
 (ii) continues to construct or reconstruct a pipeline; or
 (iii) starts to alter a pipeline; or
 (iv) continues to alter a pipeline; or
 (v) operates a pipeline; and
 (b) the person's conduct occurs in an offshore area.
Penalty: Imprisonment for 5 years.
 (2) Subsection (1) does not apply to conduct that is authorised by a pipeline licence.
Note 1: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.
Note 2: See also subsections (7) and (8) of this section.

Defences
 (7) Subsection (1) does not apply if:
 (a) in an emergency in which there is a likelihood of loss or injury; or
 (b) for the purpose of maintaining a pipeline in good order or repair;
the person engages in the conduct to avoid that loss or injury, or to maintain the pipeline in good order and repair, and the person:
 (c) as soon as practicable, notifies NOPSEMA and the Titles Administrator of the conduct; and
 (d) complies with any directions given to the person by NOPSEMA or the responsible Commonwealth Minister.
Note: The defendant bears an evidential burden in relation to the matter in subsection (7)—see subsection 13.3(3) of the Criminal Code.
 (8) Subsection (1) does not apply to anything done in compliance with a direction under:
 (a) this Act; or
 (b) the regulations.
Note: The defendant bears an evidential burden in relation to the matter in subsection (8)—see subsection 13.3(3) of the Criminal Code.