Document ID: chunk:federal_register_of_legislation:C2014C00507:clause:2a_12
Version: federal_register_of_legislation:C2014C00507
Segment Type: clause
Provision Reference: sch 2A cl 12
Character Range: 58441–59812

12  Petroleum environmental inspections—tampering with and removing notices

Tampering with notice
 (1) A person must not tamper with any notice that has been displayed under subclause 9(3) or 11(2) while that notice is so displayed.

Removing notice
 (2) If a notice has been displayed under subclause 9(3), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to the premises from which it was removed.
 (3) If a notice has been displayed under subclause 11(2), a person must not remove the notice before the notice has ceased to have effect.

Offence
 (4) A person commits an offence if:
 (a) the person is subject to a requirement under subclause (1), (2) or (3); and
 (b) the person engages in conduct; and
 (c) the conduct breaches the requirement.
Penalty: 50 penalty units.
 (5) Subclause (4) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause (5)—see subsection 13.3(3) of the Criminal Code.
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).
 (6) An offence against subclause (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Division 3—Reports: inspections concerning petroleum environmental laws