Document ID: chunk:federal_register_of_legislation:C2007A00147:clause:1_233c
Version: federal_register_of_legislation:C2007A00147
Segment Type: clause
Provision Reference: sch 1 cl 233C
Character Range: 38253–40102

233C  Offence for giving false or misleading information in relation to UN‑sanctioned goods

Individuals

 (1) An individual commits an offence if:
 (a) an application is made in respect of UN‑sanctioned goods under:
 (i) the Customs (Prohibited Imports) Regulations 1956; or
 (ii) the Customs (Prohibited Exports) Regulations 1958; and
 (b) the application is made in an approved form; and
 (c) the individual signed the form; and
 (d) information contained in, or information or a document accompanying, the form:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the information or document is misleading.

Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

Bodies corporate

 (2) A body corporate commits an offence if:
 (a) an application is made by or on behalf of the body corporate; and
 (b) the application is in an approved form; and
 (c) the application is made in respect of UN‑sanctioned goods under:
 (i) the Customs (Prohibited Imports) Regulations 1956; or
 (ii) the Customs (Prohibited Exports) Regulations 1958; and
 (d) information contained in, or information or a document accompanying, the form:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the information or document is misleading.

Penalty: 12,500 penalty units.

 (3) Subsection (1) or (2) does not apply:
 (a) as a result of subparagraph (1)(d)(i) or (2)(d)(i)—if the information or document is not false or misleading in a material particular; or
 (b) as a result of subparagraph (1)(d)(ii) or (2)(d)(ii)—if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).