Recycling and Waste Reduction Act 2020

A person is liable to a civil penalty if:

the person produces a document to another person; and

the person does so knowing that the document is false or misleading; and

the document is produced in compliance or purported compliance with this Act.

Subsection (1) does not apply if the document is not false or misleading in a material particular.

A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:

stating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and

setting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading.

A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).