Document ID: chunk:federal_register_of_legislation:C2024C00639:section:21
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 21
Character Range: 38034–39503

21  Knowingly making false or misleading representation about regulated waste material that is entered for export
 (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) the export of the waste material is prohibited unless prescribed export conditions are complied with; and
 (d) at the time the waste material is entered for export:
 (i) the person represents (either expressly or by necessary implication) that the prescribed export conditions applicable, at or before that time, in relation to the export of the waste material have been complied with; 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 paragraphs (1)(b) and (c).

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).