Document ID: chunk:federal_register_of_legislation:C2024A00084:clause:1_84
Version: federal_register_of_legislation:C2024A00084
Segment Type: clause
Provision Reference: sch 1 cl 84
Character Range: 60285–62966

84  Civil penalty provisions for false or misleading information or documents

Customs declarations
 (1) A person contravenes this subsection if:
 (a) the person makes a declaration under section 13; and
 (b) the person does so knowing that the declaration is false or misleading.
Civil penalty: 60 penalty units.
 (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Notice of regulated timber products to be unloaded in Australia or of processing of raw logs
 (3) A person contravenes this subsection if:
 (a) the person gives a notice under section 18B or 18C; and
 (b) the person does so knowing that the notice is false or misleading.
Civil penalty: 60 penalty units.
 (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Other documents
 (5) A person contravenes this subsection if:
 (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and
 (b) the person does so knowing that the document is false or misleading.
Civil penalty: 60 penalty units.
 (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Information
 (7) A person contravenes this subsection if:
 (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and
 (b) the person does so knowing that the information:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the information is misleading.
Civil penalty: 60 penalty units.
 (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).
 (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).