Commonwealth Consolidated Regulations

OFFSHORE MINERALS (DATA LODGMENT AND REPORTING) REGULATIONS 1996 - REG 10

(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 .