Providing false or misleading information in response to a condition on an approval or permit
490 Providing false or misleading information in response to a condition on an approval or permit
A person commits an offence if:
the person is the holder of an environmental authority; and
a condition attached to the environmental authority requires the person to provide information; and
the person provides information in response (or purportedly in response) to the requirement; and
the person is reckless as to whether the information is false or misleading in a material particular.
The fault element in paragraph (1)(d) can be demonstrated by proof of knowledge. See subsection 5.4(4) of the Criminal Code.
The offence is punishable on conviction by:
imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both, if it is proved the person knew the information was false or misleading; or
imprisonment for a term not more than 1 year, a fine not more than 60 penalty units, or both, if it is proved the person was reckless as to whether the information was false or misleading.
Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.
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