South Australian Numbered Acts

ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SECT 68

68—Substitution of sections 120 and 120A

Sections 120 and 120A—delete the sections and substitute:

120—Statutory declarations

Where a person is required by or under this Act to furnish information to the Authority or another administering agency, the Authority or other administering agency may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been so verified.

120A—False or misleading reports

        (1)         A person who makes a false or misleading report to the Authority, another administering agency or a person engaged in the administration of this Act is guilty of an offence if—

            (a)         the person knows the report is false or misleading; and

            (b)         the report is of a kind that would reasonably call for investigation or action by the Authority or another administering agency.

Penalty: Division 4 fine.

        (2)         Where a person is convicted of an offence against subsection (1), the court must, on application by the Authority or another administering agency, order the convicted person to pay to the Authority or other administering agency the reasonable costs and expenses incurred by the Authority or other administering agency in carrying out an investigation or taking action as a result of the false or misleading report.