Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 460

  (1)   If:

  (a)   an environmental auditor carries out a directed environmental audit; and

  (b)   in the course of carrying out the audit, the auditor does not deal with a particular matter; and

  (c)   the matter is specified in the Minister's notice under section   458 as a matter that is to be covered by the audit;

the auditor commits an offence, punishable on conviction by a fine not exceeding 30 penalty units.

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibilities.

  (2)   If:

  (a)   an environmental auditor carries out a directed environmental audit; and

  (b)   in the course of carrying out the audit, the auditor conceals, or does not take into account, any information or document; and

  (c)   the information or document is relevant to the audit;

the auditor commits an offence punishable on conviction by imprisonment for not more than 6 months.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   Subsection   4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).

  (3)   In carrying out a directed environmental audit, the environmental auditor may, if:

  (a)   an environmental audit (including an environmental audit carried out in accordance with a condition of the relevant authority) was completed within the last preceding 2 years; and

  (b)   the auditor is satisfied that the previous audit is still relevant;

have regard to the results of the previous audit.

  (4)   For the purposes of this Act, a directed environmental audit is an audit required by a notice under section   458.