Environment Protection and Biodiversity Conservation Act 1999

 

TChapter 6T AdministrationT TPart 17T EnforcementT TDivision 17T Duty to provide accurate informationT Section T489T

Division 17—Duty to provide accurate information

489 Providing false or misleading information to obtain approval or permit

(1) A person is guilty of an offence if:

(a)
the person provides information in response to a requirement or request under Part 7, 8, 9 or 13; 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 is guilty of an offence if:

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

Environment Protection and Biodiversity Conservation Act 1999 No. 91, 1999