Northern Territory Consolidated Acts

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ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) ACT 2011 - SECT 74

Misleading information or document

    (1)     A person must not give misleading information to:

        (a)     an authorised officer acting in an official capacity; or

        (b)     a CDS participant for the participant's carrying out of activities under the CDS.

Fault elements:

The person:

        (a)     intentionally gives the information to the officer or participant; and

        (b)     knows the information is misleading; and

        (c)     knows:

            (i)     the officer is acting in an official capacity; or

            (ii)     the information is for the participant's carrying out of activities under the CDS.

Maximum penalty:     400 penalty units or imprisonment for 2 years.

    (2)     A person must not give a document containing misleading information to:

        (a)     an authorised officer acting in an official capacity; or

        (b)     a CDS participant for the participant's carrying out of activities under the CDS.

Fault elements:

The person:

        (a)     intentionally gives the document to the officer or participant; and

        (b)     knows the document contains misleading information; and

        (c)     knows:

            (i)     the officer is acting in an official capacity; or

            (ii)     the document is for the participant's carrying out of activities under the CDS.

Maximum penalty:     400 penalty units or imprisonment for 2 years.

    (3)     Subsection (2) does not apply if the person, when giving the document:

        (a)     draws the misleading aspect of the document to the attention of the authorised officer or CDS participant; and

        (b)     to the extent to which the person can reasonably do so – gives the officer or participant the information necessary to correct the document.

    (4)     In this section:

"misleading information" means information that is misleading in a material particular or because of the omission of a material particular.



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