12/May/2000 - Current (at 31 Dec 2005)
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    41. Directions

    (1) The Minister may, by instrument in writing served on a licensee, give to the licensee direction as to any matter with respect to which regulations may be made under this Act.

    (2) A direction given under this section to a licensee applies to the licensee and may also be expressed to apply to

    (a) a class of persons specified in the direction, being a class constituted by or included in one or both of the following classes of persons

    (i) servants or agents of, or persons acting on behalf of, the licensee;

    (ii) persons performing work or services, whether directly or indirectly, for the licensee;

    or

    (b) any person (not being a person to whom the direction applies otherwise than in accordance with this paragraph) who is in the State for any reason touching, concerning, arising out of or connected with the construction, operation or maintenance of a pipeline, or is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the State for a reason of that kind,

    and, where a direction so expressed is given, the direction shall be deemed to apply to each person included in that specified class or to each person who is in the State as mentioned in paragraph (b), as the case may be.

    (3) Where a direction under this section applies to a licensee and to a person referred in subsection (2)(a), the licensee shall cause a copy of the instrument by which the direction was given to be given to that other person or to be exhibited at a prominent position at a place in the State frequented by that other person.

    Penalty: $5 000.

    (4) Where a direction under this section applies to a licensee and to a person referred to in subsection (2)(b), the licensee shall cause a copy of the instrument by which the direction was given to be exhibited at a prominent position at a place in the State.

    Penalty: $5 000.

    (5) Where a direction under this section applies to a licensee and to a person referred to in subsection (2)(b), the Minister may, by notice in writing given to the licensee, require the licensee to cause to be displayed at such places in the State, and in such manner, as are specified in the notice, copies of the instrument by which the direction was given, and the licensee shall comply with that requirement.

    Penalty: $5 000.

    (6) A direction under this section has effect and shall be complied with notwithstanding any previous direction under this section.

    (7) Section 67(1a) and (1b) applies in relation to directions made under this section in like manner as that section applies to the regulations.

    (8) A direction under this section has effect and shall be complied with notwithstanding anything in the regulations.

    (9) A person to whom a direction is given, or to whom a direction is expressed to apply, shall comply with the direction.

    Penalty: $10 000.

    (10) Where

    (a) a direction given under this section applies to a licensee and another person and that other person is prosecuted for an offence against subsection (9) in relation to that direction; and

    (b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction,

    the person shall not be convicted of the offence unless the prosecutor proves that the person knew, or could reasonably be expected to have known, of the existence of the direction.

    [Section 41 amended by No. 12 of 1990 s.137; No. 28 of 1994 s.72.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.