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