Document ID: chunk:federal_register_of_legislation:C2024C00426:section:69cd
Version: federal_register_of_legislation:C2024C00426
Segment Type: section
Provision Reference: s 69CD
Character Range: 69777–71778

69CD  Contraventions relating to providing information under sections 69CA and 69CB

Offence for failing to provide information
 (1) A person commits an offence if:
 (a) the person is required to provide information under section 69CA or 69CB; and
 (b) the person fails to provide the information under that section.
Penalty: 50 penalty units.
 (2) In subsection (1), strict liability applies to the physical element of circumstance that the information is required to be provided under section 69CA or 69CB.
Note: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty provision
 (2A) A person contravenes this subsection if:
 (a) the person is required to provide information under section 69CA or 69CB; and
 (b) the person fails to provide the information under that section.
 (2B) Subsection (2A) is a civil penalty provision.
Note: Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.

Offence for false or misleading information
 (3) A person commits an offence if:
 (a) the person provides information (whether orally or in writing) to a relevant agency under section 69CA or 69CB; and
 (b) the person knows that the information is false or misleading in a material particular; and
 (c) the information is provided:
 (i) without the person indicating to the agency that it is false or misleading; and
 (ii) without the person indicating how it is false or misleading; and
 (iii) without the person providing to the agency correct information that the person possesses or can reasonably acquire.
Penalty: 300 penalty units.
 (4) The fault element for paragraph (3)(c) is recklessness.
Note: For recklessness, see section 5.4 of the Criminal Code.
 (5) In subsection (3), strict liability applies to the physical element of circumstance that the information is provided under section 69CA or 69CB.
Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision C—Chemical products etc. subject to international agreements