Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 2020 - SECT 369

Civil penalty provision for false or misleading documents

  (1)   A person is liable to a civil penalty if:

  (a)   the person produces a document to another person; and

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

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

Civil penalty:   960 penalty units.

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

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

  (3)   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:

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

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

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



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