Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69ER

Offences

  (1)   A person commits an offence if, for the purposes of, or in connection with, the making of a decision by the APVMA as to whether it should give a consent under section   69B, the person:

  (a)   gives information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

  (b)   produces a document that the person knows to be false or misleading in a material particular without:

  (i)   indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and

  (ii)   providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.

Penalty:   300 penalty units.

  (2)   A person commits an offence if, in compliance or purported compliance with a requirement made by an inspector under Part   7A, Part   7AA or this Part or for the purposes of, or in connection with, any provision of Part   7A (other than section   69B), Part   7AA or this Part, the person:

  (a)   gives information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

  (b)   produces a document that the person knows to be false or misleading in a material particular without:

  (i)   indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and

  (ii)   providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.

Penalty:   60 penalty units.

Civil penalties

  (3)   A person must not, for the purposes of, or in connection with, the making of a decision by the APVMA as to whether it should give a consent under section   69B:

  (a)   give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

  (b)   produce a document that the person knows to be false or misleading in a material particular without:

  (i)   indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and

  (ii)   providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.

  (4)   A person must not, in compliance or purported compliance with a requirement made by an inspector under Part   7A, Part   7AA or this Part or for the purposes of, or in connection with, any provision of Part   7A (other than section   69B), Part   7AA or this Part:

  (a)   give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

  (b)   produce a document that the person knows to be false or misleading in a material particular without:

  (i)   indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and

  (ii)   providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.

  (5)   Subsections   (3) and (4) are civil penalty provisions.

Note:   Division   1 provides for pecuniary penalties for contraventions of civil penalty provisions.