Federal Register of Legislation - Australian Government

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SR 2001 No. 286 Regulations as made
These Regulations amend the Offshore Minerals (Data Lodgment and Reporting) Regulations.
Administered by: DITR
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR12-Feb-2002
Tabled Senate12-Feb-2002
Gazetted 05 Oct 2001
Date of repeal 19 Jul 2013
Repealed by Resources, Energy and Tourism (Spent and Redundant Instruments) Repeal Regulation 2013

Offshore Minerals (Data Lodgment and Reporting) Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 2862

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 Offshore Minerals Act 1994.

Dated 27 September 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

NICK MINCHIN


1              Name of Regulations

                These Regulations are the Offshore Minerals (Data Lodgment and Reporting) Amendment Regulations 2001 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Offshore Minerals (Data Lodgment and Reporting) Regulations

                Schedule 1 amends the Offshore Minerals (Data Lodgment and Reporting) Regulations.


Schedule 1        Amendments

(regulation 3)

  

[1]         Regulation 1

substitute

1              Name of Regulations

                These Regulations are the Offshore Minerals (Data Lodgment and Reporting) Regulations 1996.

[2]         After regulation 3

insert

3A           Application of Criminal Code

                Chapter 2 of the Criminal Code applies to offences against these Regulations.

Note   Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

[3]         Regulation 10

substitute

10            Licence holder must not provide false information

         (1)   A person is guilty of an offence if the person:

                (a)    is a licence holder; and

               (b)    gives an exploration report, or information under regulation 5, to a Designated Authority; and

                (c)    knows that the exploration report or information is significantly false or misleading;

unless the person has a reasonable excuse.

Penalty:   10 penalty units.           

Note   A defendant bears an evidential burden in relation to whether or not he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

         (2)   For an offence against subregulation (1), strict liability applies to the physical element whether the information is information under regulation 5.

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

Notes

1.       These Regulations amend Statutory Rules 1996 No. 85.

2.       Notified in the Commonwealth of Australia Gazette on 5 October 2001.