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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 490
Providing false or misleading information in response to a
condition on an approval or permit - (1)
- A person is guilty of an offence if:
- (a)
- the person is the holder of an environmental authority; and
- (b)
- a condition attached to the environmental authority requires the person to
provide information; and
- (c)
- the person provides information in response (or purportedly in response)
to the requirement; and
- (d)
- the person is reckless as to whether the information is false or
misleading in a material particular.
- Note: The fault element in paragraph (1)(d) can be demonstrated by proof of
knowledge. See subsection 5.4(4) of the Criminal Code .
- (2)
- The offence 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.
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