Commonwealth Consolidated Acts

RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 145

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

  (a)   the person makes a statement (whether orally, in a document or in any other way) in, or in connection with, an application made under this Act; and

  (b)   the person does so knowing that the statement:

  (i)   is false or misleading; or

  (ii)   omits any matter or thing without which the statement is misleading.

Civil penalty:   600 penalty units.

  (2)   Subsection   (1) does not apply as a result of subparagraph   (1)(b)(i) if the statement 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 as a result of subparagraph   (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is 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).