Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_74:p4
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 74 (pt 4/5)
Character Range: 2290392–2293212

to a penalty.
 (9) However, in the case of an individual:
 (a) the answer given or document or thing produced; or
 (b) answering the question or producing the document or thing; or
 (c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document or thing;
is not admissible in evidence against the individual:
 (d) in any civil proceedings; or
 (e) in any criminal proceedings other than:
 (i) proceedings for an offence against this clause; or
 (ii) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this clause.

Titleholders and their representatives—limitation on requirements
 (10) Subparagraphs (1)(b)(v) and (vi) and (3)(b)(v) and (vi), which give inspectors certain powers in relation to titleholders and their representatives, do not apply unless the inspection wholly or partly concerns compliance with the titleholder's well‑related obligations.

NOPSEMA inspector may retain documents
 (11) A NOPSEMA inspector may take possession of a document produced under this clause, and retain it for as long as is reasonably necessary.
 (12) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a NOPSEMA inspector to be a true copy.
 (13) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
 (14) Until a certified copy is supplied, a NOPSEMA inspector must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.

NOPSEMA inspector may retain other things
 (15) A NOPSEMA inspector may take possession of a thing (other than a document) produced under this clause, and retain it for as long as is reasonably necessary.

Notice—taking possession at facility
 (16) On taking possession of a thing under subclause (15) at a facility, the NOPSEMA inspector must, by written notice, inform:
 (a) the operator of the facility; and
 (b) the operator's representative at the facility; and
 (c) if the inspection is wholly or partly in relation to the titleholder's well‑related obligations—the titleholder; and
 (d) if the inspection is wholly or partly in relation to the titleholder's well‑related obligations—the titleholder's representative (if any) at the facility who is nominated for the inspection; and
 (e) if the thing is used for the performance of work by an employer (other than the operator) of a member or members of the workforce at the facility—that employer; and
 (f) if the thing is owned by a person other than a person mentioned in paragraph (a), (b), (c),