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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 489

Providing false or misleading information to obtain approval or permit

  (1)   A person commits an offence if:

  (a)   the person provides information in response to a requirement or request under Part   7, 8, 9, 13 or 13A; and

  (b)   the person is reckless as to whether the information is false or misleading in a material particular.

Note:   The fault element in paragraph   (1)(b) can be demonstrated by proof of knowledge. See subsection   5.4(4) of the Criminal Code .

  (2)   An offence against subsection   (1) is punishable on conviction by:

  (a)   imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both, if it is proved the person knew the information was false or misleading; or

  (b)   imprisonment for a term not more than 1 year, a fine not more than 60 penalty units, or both, if it is proved the person was reckless as to whether the information was false or misleading.

Note:   Subsection   4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

  (2A)   A person commits an offence if:

  (a)   the person provides information in response to a requirement or request under Part   7, 8, 9, 13 or 13A; and

  (b)   the person is negligent as to whether the information is false or misleading in a material particular.

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

  (2B)   An offence against subsection   (2A) is punishable on conviction by a fine not more than 30 penalty units.

Note:   Subsection   4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

  (3)   Subsections   (1) and (2A) do not apply to a requirement to provide information that is imposed by a condition attached to an environmental authority.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (3). See subsection   13.3(3) of the Criminal Code .


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