Offence for giving false or misleading information in relation to UN‑sanctioned goods
233C Offence for giving false or misleading information in relation to UN‑sanctioned goods
Individuals
An individual commits an offence if:
an application is made in respect of UN‑sanctioned goods under:
the Customs (Prohibited Imports) Regulations 1956; or
the Customs (Prohibited Exports) Regulations 1958; and
the application is made in an approved form; and
the individual signed the form; and
information contained in, or information or a document accompanying, the form:
is false or misleading; or
omits any matter or thing without which the information or document is misleading.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
Bodies corporate
A body corporate commits an offence if:
an application is made by or on behalf of the body corporate; and
the application is in an approved form; and
the application is made in respect of UN‑sanctioned goods under:
the Customs (Prohibited Imports) Regulations 1956; or
the Customs (Prohibited Exports) Regulations 1958; and
information contained in, or information or a document accompanying, the form:
is false or misleading; or
omits any matter or thing without which the information or document is misleading.
Penalty: 12,500 penalty units.
Subsection (1) or (2) does not apply:
as a result of subparagraph (1)(d)(i) or (2)(d)(i)—if the information or document is not false or misleading in a material particular; or
as a result of subparagraph (1)(d)(ii) or (2)(d)(ii)—if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.
A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
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