Document ID: chunk:federal_register_of_legislation:C2019A00092:clause:1_582a
Version: federal_register_of_legislation:C2019A00092
Segment Type: clause
Provision Reference: sch 1 cl 582A
Character Range: 27698–29273

582A  NOPSEMA may take action if there is a breach of a direction

Action by NOPSEMA
 (1) If:
 (a) a person is subject to a direction given by NOPSEMA under:
 (i) this Chapter (other than Part 6.2); or
 (ii) the regulations; and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the direction;
NOPSEMA may do any or all of the things required by the direction to be done.

Recovery of costs and expenses incurred by NOPSEMA
 (2) Costs or expenses incurred by NOPSEMA under subsection (1) in relation to a direction are:
 (a) a debt due to NOPSEMA by the person subject to the direction; and
 (b) recoverable in:
 (i) the Federal Court; or
 (ii) the Federal Circuit Court; or
 (iii) a court of a State or Territory that has jurisdiction in relation to the matter.

Exception—direction that has an extended application
 (3) If:
 (a) a direction under section 579A applies to:
 (i) a registered holder; and
 (ii) another person; and
 (b) an action under subsection (2) relating to the direction is brought against the other person; and
 (c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.

Defence
 (4) In an action under subsection (2), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.