Document ID: chunk:federal_register_of_legislation:C2024C00639:section:24
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 24
Character Range: 42251–43551

24  Recklessly making false or misleading representation in relation to an export declaration
 (1) A person contravenes this subsection if:
 (a) waste material is entered for export by the person; and
 (b) the waste material is regulated waste material; and
 (c) at the time the waste material is entered for export:
 (i) the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in an export declaration; and
 (ii) the person does so reckless as to whether the representation is false or misleading.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 3 years or 180 penalty units, or both.
 (3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b).

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 360 penalty units.

Exception
 (5) Subsection (1) does not apply if the representation is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Part 3—Exemptions