Document ID: chunk:federal_register_of_legislation:C2014C00507:clause:2_576d
Version: federal_register_of_legislation:C2014C00507
Segment Type: clause
Provision Reference: sch 2 cl 576D
Character Range: 135222–136654

576D  Directions for significant offshore petroleum incidents—compliance

Basic rule
 (1) A person contravenes this subsection if:
 (a) the person is subject to a direction under section 576B; and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the direction.
Note 1: NOPSEMA may do anything required to be done under a direction in the event of a breach of the direction (see section 577).
Note 2: It is a defence in a proceeding for an offence or civil penalty order under this section if the person subject to the direction proves that the person took all reasonable steps to comply with the direction (see section 578).

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
 (3) For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 2,250 penalty units.