Northern Territory Numbered Acts

ENVIRONMENT PROTECTION AUTHORITY AMENDMENT ACT 2010 (NO 5 OF 2010) - SECT 9

After section 23

insert

Part 2A     Offences

23A     Failing to give information

    (1)     This section applies to a person who is required by written notice under section 6(2)(b) to give the Authority relevant information for performing its function.

    (2)     The person must comply with the notice.

Maximum penalty:     50 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse.

23B     Misleading information or document

    (1)     A person must not give the Authority misleading information.

Fault elements:

The person:

    (a)     intentionally gives the information to the Authority; and

    (b)     knows the information is misleading.

Maximum penalty:     200 penalty units.

    (2)     A person must not give the Authority a document containing misleading information.

Fault element:

The person:

    (a)     intentionally gives the document to the Authority; and

    (b)     knows the document contains misleading information.

Maximum penalty:     200 penalty units.

    (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 Authority; and

    (b)     to the extent to which the person can reasonably do so – gives the Authority the information necessary to remedy the misleading aspect of 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.