Petroleum (Submerged Lands) Amendment (Application of Criminal Code) Regulations 2001 (No. 1) (Cth)

Petroleum (Submerged Lands) Amendment (Application of Criminal Code) Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 3462

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Petroleum (Submerged Lands) Act 1967.

Dated 20 December 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

IAN MACFARLANE

Minister for Industry, Tourism and Resources

Contents

• •
• •
• •
• •
• •

1Name of Regulations

 These Regulations are the Petroleum (Submerged Lands) Amendment (Application of Criminal Code) Regulations 2001 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Petroleum (Submerged Lands) (Management of Environment) Regulations 1999

 Schedule 1 amends the Petroleum (Submerged Lands) (Management of Environment) Regulations 1999.

4Amendment of Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996

Schedule 2 amends the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996.

5Amendment of Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations

Schedule 3 amends the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations.

6Amendment of Petroleum (Submerged Lands) Regulations 1985

Schedule 4 amends the Petroleum (Submerged Lands) Regulations 1985.

 

Schedule 1Amendments of Petroleum (Submerged Lands)(Management of Environment) Regulations 1999

(regulation 3)

  

[1]Subregulation 6 (1)

substitute

• (1)

  The operator of a petroleum activity is guilty of an offence if:

  • (a)

    the operator carries out the activity; and

  • (b)

    there is no environment plan in force for the activity.

Penalty:   80 penalty units.

Note 1 Environment plan in force for the activity, operator and petroleum activity are defined in regulation 4.

Note 2 Subsection 4B (3) of the Crimes Act 1914 allows a court to fine a body corporate up to 5 times the maximum amount the court could fine a natural person convicted of the same offence.

Note 3 Offences under these Regulations are continuing offences and a fine may be imposed for each day during which the offence continues — see section 4K of the Crimes Act 1914.

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[2]After subregulation 7 (1), including the penalty

insert

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[3]Subregulation 8 (1)

substitute

• (1)

  The operator of a petroleum activity is guilty of an offence if:

  • (a)

    the operator carries out the activity after the occurrence of:

    • (i)

      any significant new environmental effect or risk arising from the activity; or

    • (ii)

      any significant increase in an existing environmental effect or risk arising from the activity; and

  • (b)

    the new effect or risk, or increase in the effect or risk, is not provided for in the environment plan in force for the activity.

Penalty:   80 penalty units.

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[4]Regulation 26

substitute

26Incidents, reports and records

• (1)

  The operator of an activity must give notice, orally or in writing, of a reportable incident to the Designated Authority, including all material details of the incident that are reasonably available to the operator as soon as practicable, but within 2 hours, after:

  • (a)

    the first occurrence of the incident; or

  • (b)

    if the incident is not detected by the operator at the time of its first occurrence — the detection of the incident by the operator.

Penalty:   40 penalty units.

• (2)

  However, it is a defence to a prosecution for an offence against subregulation (1) if the operator has a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

• (3)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

• (4)

  The operator of an activity must give a written report of a reportable incident to the Designated Authority in accordance with subregulation (7):

  • (a)

    as soon as practicable, but within 3 days, after:

    • (i)

      the first occurrence of the incident; or

    • (ii)

      if the incident is not detected by the operator at the time of its first occurrence — the detection of the incident by the operator; or

  • (b)

    if the Designated Authority specifies, in writing and within the period mentioned in paragraph (a), another period in which the operator may give the report — within that period.

Penalty:   40 penalty units.

• (5)

  However, it is a defence to a prosecution for an offence against subregulation (4) if the operator has a reasonable excuse.

Note   A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

• (6)

  An offence against subregulation (4) is an offence of strict liability.

Note    For strict liability, see section 6.1 of the Criminal Code.

• (7)

  For subregulation (4), the written report must set out fully:

  • (a)

    all the material facts and circumstances of the incident that the operator is aware of or is able, by reasonable search and inquiry, to find out; and

  • (b)

    any action the operator has taken to avoid or mitigate any adverse effects of the incident on the environment; and

  • (c)

    the corrective action the operator has taken, or proposes to take, to prevent another incident of that kind.

• (8)

  The operator must keep a record of reports of each reportable incident, and of the details, in relation to each incident, of any corrective action the operator has taken.

Penalty:   30 penalty units.

• (9)

  An offence against subregulation (8) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[5]After subregulation 27 (1), including the penalty

insert

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[6]Paragraph 27 (2) (f)

omit

subregulation 26 (5).

insert

subregulation 26 (8).

[7]After subregulation 28 (1), including the penalty

insert

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[8]After subregulation 29 (1), including the penalty

insert

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[9]Subregulation 32 (1)

substitute

• (1)

  The operator of an activity must notify the Designated Authority within 7 days, in writing, of:

  • (a)

    the appointment of an agent of the operator, in relation to the activity, and the contact details of the agent; or

  • (b)

    any change of agent; or

  • (c)

    any change of name (where there is no change of identity) or contact details of the operator or the operator’s agent.

Penalty:   40 penalty units.

• (1A)

  However, it is a defence to a prosecution for an offence against subregulation (1) if the operator has a reasonable excuse.

Note   A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

• (1B)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[10]Subregulation 32 (2), at the foot

insert

Penalty:   40 penalty units.

[11]After subregulation 32 (2)

insert

• (2A)

  An offence against subregulation (2) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[12]After subregulation 32 (3), including the penalty and note

insert

• (4)

  An offence against subregulation (3) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[13]Regulation 38

omit

 

Schedule 2Amendments of Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996

(regulation 4)

  

[1]Reader’s Guide, Analysis of Part 4, 4th paragraph

substitute

Division 4 contains regulation 39, which provides that a person is not to be punished more than once for the same act or omission.

[2]Subregulations 29 (1) and (2)

substitute

• (1)

  The operator or titleholder of a facility must not construct or install the facility in a way that is contrary to:

  • (a)

    the Consent to construct and install the facility; or

  • (b)

    the Safety Case in force for the facility.

Penalty:   80 penalty units.

Note    For the meaning of Consent to construct and install and Safety Case in force for the facility, see subregulation 3 (1).

• (1A)

  However, it is a defence to a prosecution for an offence against subregulation (1) if the operator or titleholder has the consent in writing of the Designated Authority.

Note   A defendant bears an evidential burden in relation to the question whether he or she had the consent in writing of the Designated Authority (see section 13.3 of the Criminal Code).

• (1B)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

• (2)

  The operator of a facility must not operate, remove, dismantle or decommission the facility in a way that is contrary to:

  • (a)

    the Consent to use the facility; or

  • (b)

    the Safety Case in force for the facility.

Penalty:   80 penalty units.

Note For the meaning ofConsent to use the facility and Safety Case in force for the facility, see subregulation 3 (1).

• (2A)

  However, it is a defence to a prosecution for an offence against subregulation (2) if the operator has the consent in writing of the Designated Authority.

Note   A defendant bears an evidential burden in relation to the question whether he or she had the consent in writing of the Designated Authority (see section 13.3 of the Criminal Code).

• (2B)

  An offence against subregulation (2) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[3]After subregulation 29 (3), including the penalty and note

insert

• (3A)

  An offence against subregulation (3) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[4]Subregulation 29 (5), after the penalty

insert

Note 1    For the meaning of Safety Case in force for the facility, see subregulation 3 (1).

Note 2  A defendant bears an evidential burden in relation to the question whether the change is in accordance with the provisions in the Safety Case in force for the facility (see section 13.3 of the Criminal Code).

[5]After subregulation 29 (5), including the penalty

insert

• (6)

  An offence against subregulation (5) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[6]After subregulation 30 (1), including the penalty

insert

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[7]After subregulation 30 (4), including the penalty

insert

• (4A)

  An offence against subregulation (4) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[8]After subregulation 30 (5), including the penalty

insert

• (5A)

  An offence against subregulation (5) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[9]Subregulation 30 (7)

omit

• (7)

  For the purpose of enabling documents to be made available in accordance with subregulation (5),

insert

• (7)

  So that documents can be made available under subregulation (5),

[10]After subregulation 30 (7), including the penalty

insert

• (7A)

  An offence against subregulation (7) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[11]After subregulation 30 (9), including the penalty

insert

• (9A)

  An offence against subregulation (9) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[12]Subregulation 31 (1)

substitute

• (1)

  The operator of a facility must give to an inspector initial notice, in accordance with subregulation (1A), of:

  • (a)

    a significant accident or incident on, or in connection with, the facility; or

  • (b)

    a significant accident sustained by a person on the facility.

Penalty:   40 penalty units.

Note   For the meaning ofinspector, see subsection 5 (1) of the Act.

• (1A)

  For subregulation (1), the initial notice:

  • (a)

    may be oral or written; and

  • (b)

    must be provided at the earliest practicable opportunity, but within 2 hours, after:

    • (i)

      the first occurrence of the accident or incident; or

    • (ii)

      if the accident or incident is not detected by the operator at the time of its first occurrence — the detection of the accident or incident by the operator; and

  • (c)

    must contain all material details concerning the accident or incident that are at the time reasonably available to the operator.

• (1B)

  However, it is a defence to a prosecution for an offence against subregulation (1) if the operator has a reasonable excuse.

Note   A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

• (1C)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[13]Subregulation 31 (2)

substitute

• (2)

  An operator must give a report in writing to the inspector of an accident or incident of the kind mentioned in subregulation (1), in accordance with subregulations (2A) and (2B).

Penalty:   40 penalty units.

• (2A)

  For subregulation (2), the operator must provide the report:

  • (a)

    as soon as practicable, but within 3 days, after:

    • (i)

      the first occurrence of the accident or incident; or

    • (ii)

      if the accident or incident is not detected by the operator at the time of its first occurrence — the detection of the accident or incident by the operator; or

  • (b)

    if the inspector specifies, in writing and within the period mentioned in paragraph (a), another period for giving the report — within that period.

• (2B)

  For subregulation (2), the report must set out fully all essential details and circumstances concerning the accident or incident that the operator:

  • (a)

    is aware of; or

  • (b)

    is able, by reasonable search and enquiry, to find out.

• (2C)

  However, it is a defence to a prosecution for an offence against subregulation (2) if the operator has a reasonable excuse.

Note   A defendant bears an evidential burden in relation to

the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

• (2D)

  An offence against subregulation (2) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[14]After subregulation 31 (3), including the penalty

insert

• (3A)

  An offence against subregulation (3) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[15]Subregulation 31 (4)

substitute

• (4)

  As soon as practicable, but not later than 15 days, after the end of each calendar month, the operator of a facility must submit to the inspector a summary in writing of:

  • (a)

    all deaths of persons on the facility; and

  • (b)

    all injuries to persons on the facility, other than minor injuries not requiring treatment or requiring only treatment in the nature of first aid.

Penalty:   30 penalty units.

• (4A)

  However, it is a defence to a prosecution for an offence against subregulation (4) if the operator has a reasonable excuse.

Note   A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

• (4B)

  An offence against subregulation (4) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[16]After subregulation 32 (1), including the penalty

insert

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[17]Subregulation 32 (2), note

substitute

Note 1 For the meaning ofSafety Case in force for the facility, see subregulation 3 (1).

Note 2   A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code).

[18]Subregulation 32 (3), at the foot

insert

Note 1 For the meaning ofSafety Case in force for the facility, see subregulation 3 (1).

Note 2 A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

[19]After subregulation 33 (1), including the penalty

insert

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[20]Subregulation 34 (1), at the foot

insert

Penalty:   10 penalty points.

Note For the meaning ofSafety Case in force for the facility, see subregulation 3 (1).

[21]After subregulation 34 (1)

insert

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[22]After subregulation 34 (2), including the penalty

insert

• (3)

  An offence against subregulation (2) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[23]After subregulation 35 (1), including the penalty

insert

• (1A)

  An offence against subregulation (1) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[24]Subregulation 35 (2), at the foot

insert

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code).

[25]Regulation 38

omit

 

Schedule 3Amendments of Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations

(regulation 5)

  

[1]Regulation 1

substitute

1Name of Regulations

 These Regulations are the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993.

[2]Regulation 22

substitute

22Persons present at the count

• (1)

  The returning officer for an election may direct a person to leave the place where the count is being conducted if the person:

  • (a)

    is not entitled to be present, or to remain present, at the count; or

  • (b)

    being entitled to be present, interrupts the count, except as provided by subregulation (2).

• (2)

  A candidate’s scrutineer may interrupt the count and so inform the returning officer if the scrutineer:

  • (a)

    objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or

  • (b)

    considers that an error has been made in the conduct of the count.

• (3)

  A person who does not comply with a direction given to him or her under subregulation (1) is guilty of an offence.

Penalty:   5 penalty units.

• (4)

  However, it is a defence to a prosecution for an offence against subregulation (3) if the person has a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

• (5)

  An offence against subregulation (3) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[3]Regulation 34

substitute

34Alteration or disturbance of site of accident or dangerous occurrence

• (1)

  An employer must not:

  • (a)

    engage in conduct; or

  • (b)

    allow another person to engage in conduct;

that results in the alteration or disturbance of the site of an accident or dangerous occurrence arising out of an undertaking of the employer.

Penalty:   10 penalty units.

• (2)

  However, it is a defence to a prosecution for an offence against subregulation (1) if:

  • (a)

    an investigation of the accident or dangerous occurrence is completed before the conduct is engaged in; or

  • (b)

    the investigator gives permission for the alteration or disturbance of the site; or

  • (c)

    the employer has a reasonable excuse; or

  • (d)

    the employer has given a notice of the accident or dangerous occurrence to the Designated Authority under clause 41 of Schedule 7 to the Act and:

    • (i)

      the Designated Authority has given notice that investigation of the accident or dangerous occurrence is not required; or

• • • (ii)

      an investigator has not entered the workplace where the site of the accident or dangerous occurrence is located in response to the notice within one working day of the employer giving notice to the Designated Authority.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code).

• (3)

  Without limiting the generality of paragraph (2) (c), an employer has a reasonable excuseif the employer engages in, or allows another person to engage in, the conduct which results in the alteration or disturbance of the site of an accident or dangerous occurrence in the course of:

  • (a)

    the rescue, or attempted rescue of an injured person; or

  • (b)

    the retrieval, or attempted retrieval, of the body of a deceased person; or

  • (c)

    the protection, or attempted protection, of the health or safety of a person; or

  • (d)

    the prevention, or attempted prevention, of damage being done to a substance or thing;

if the alteration or disturbance is unavoidable and not done recklessly.

 

Schedule 4Amendments of Petroleum (Submerged Lands) Regulations 1985

(regulation 6)

  

[1]After subregulation 2A (2), including the penalty

insert

• (2A)

  An offence against paragraph (2) (a) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[2]After subregulation 2B (2), including the penalty

insert

• (2A)

  An offence against subregulation (2) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

[3]After subregulation 2C (3), including the penalty

insert

• (3A)

  An offence against paragraph (3) (a) is an offence of strict liability.

Note Forstrict liability, see section 6.1 of the Criminal Code.

Notes

1. These Regulations amend (in Schedule 1) Statutory Rules 1999 No. 228.

 These Regulations also amend (in Schedule 2) Statutory Rules 1996 No. 298, as amended by 1997 No. 296; 2000 No. 249.

 These Regulations also amend (in Schedule 3) Statutory Rules 1993 No. 282, as amended by 1994 No. 339; 1995 No. 377.

 These Regulations also amend (in Schedule 4) Statutory Rules 1985 No. 174, as amended by 1987 No. 293; 1990 No. 54; 2000 No. 248.

2. Notified in the Commonwealth of Australia Gazette on 21 December 2001.