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

Minister for Industry, Science and Resources

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.

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

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