Document ID: chunk:federal_register_of_legislation:C2024C00828:section:4
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 4
Character Range: 1426413–1429010

4               the registered holder of a petroleum special prospecting authority or petroleum access authority                    carry out all petroleum exploration operations in the authority area in a proper and workmanlike manner and in accordance with good oilfield practice.

 (2) Paragraphs (c) to (h) of item 1, and paragraph (b) of item 2, of the table in subsection (1) have effect subject to any authorisation given, or requirement made, by or under:
 (a) this Act; or
 (b) the regulations; or
 (c) a direction under this Act.
 (3) Paragraphs (b) to (h) of item 1 of the table in subsection (1) do not limit paragraph (a) of that item.
 (4) Paragraph (b) of item 2 of the table in subsection (1) does not limit paragraph (a) of that item.
 (5) Paragraph (b) of item 3 of the table in subsection (1) does not limit paragraph (a) of that item.

Offence
 (6) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the requirement.
Penalty: 100 penalty units.
 (6A) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty
 (6B) A person is liable to a civil penalty if the person contravenes a requirement under subsection (1).
Civil penalty: 1,000 penalty units.

Defence
 (7) In:
 (a) a prosecution for an offence against subsection (6) in relation to a breach of a paragraph of an item of the table in subsection (1); or
 (aa) proceedings for a civil penalty order for the purposes of subsection (6B) in relation to a breach of a paragraph of an item of the table in subsection (1); or
 (b) an action arising out of a breach of a paragraph of an item of the table in subsection (1);
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with that paragraph.
Note: In a prosecution for an offence, the defendant bears a legal burden in relation to the matter in subsection (7)—see section 13.4 of the Criminal Code.

This section has effect subject to certain other provisions etc.
 (8) This section has effect subject to:
 (a) any other provision of this Act; and
 (b) the regulations; and
 (c) a direction under section 574, 574A or 576B; and
 (d) any other law.
Note: A petroleum titleholder is required to comply with any directions by NOPSEMA or the responsible Commonwealth Minister given under the following provisions:
(a) sections 574 and 576B (by NOPSEMA);
(b) section 574A (by the responsible Commonwealth Minister).