Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_70ca
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 70CA
Character Range: 170100–172361

70CA  False or misleading statements about approvals, permits, compliance agreements etc.

Making of statements known to be false or misleading

 (1) A person is guilty of an offence if:
 (a) the person makes an oral or written statement:
 (i) that an instrument under this Act has been given to, or on the application of, the person; or
 (ii) that an instrument under this Act given to, or on the application of, the person is in force; or
 (iii) as to the terms of an instrument under this Act given to, or on the application of, the person; or
 (iv) as to any conditions to which an instrument mentioned in subparagraph (iii) is subject; or
 (v) that the person is a party to a compliance agreement; or
 (vi) as to the terms of a compliance agreement to which the person is a party; or
 (vii) as to any conditions to which a compliance agreement mentioned in subparagraph (vi) is subject; and
 (b) the statement is false or misleading in a material particular; and
 (c) the person knows that the statement is false or misleading in that particular.

Maximum penalty: Imprisonment for one year.

Negligently making false or misleading statements

 (2) A person is guilty of an offence if:
 (a) the person makes an oral or written statement:
 (i) that an instrument under this Act has been given to, or on the application of, the person; or
 (ii) that an instrument under this Act given to, or on the application of, the person is in force; or
 (iii) as to the terms of an instrument under this Act given to, or on the application of, the person; or
 (iv) as to any conditions to which an instrument mentioned in subparagraph (iii) is subject; or
 (v) that the person is a party to a compliance agreement; or
 (vi) as to the terms of a compliance agreement to which the person is a party; or
 (vii) as to any conditions to which a compliance agreement mentioned in subparagraph (vi) is subject; and
 (b) the statement is false or misleading in a material particular; and
 (c) the person is negligent as to whether or not the statement is false or misleading in that particular.

Maximum penalty: Imprisonment for 6 months.

Definition

 (3) In this section:

instrument under this Act means an approval, authorisation, permission or permit under this Act.