Document ID: chunk:federal_register_of_legislation:C2024C00639:section:23
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 23
Character Range: 40983–42251

23  Knowingly 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 knowing that the representation is false or misleading.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 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: 600 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).