Knowingly making false or misleading representation in relation to an export declaration
23 Knowingly making false or misleading representation in relation to an export declaration
A person contravenes this subsection if:
waste material is entered for export by the person; and
the waste material is regulated waste material; and
at the time the waste material is entered for export:
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
the person does so knowing that the representation is false or misleading.
Fault‑based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
For the purposes of subsection (2), strict liability applies to paragraph (1)(b).
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
Exception
Subsection (1) does not apply if the representation is not false or misleading in a material particular.
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).
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