Section 489 — Environment Protection and Biodiversity Conservation Act 1999: Providing false or misleading information to obtain approval or permit

(1) A person commits an offence if: (a) the person provides information in response to a requirement or request under Part 7, 8, 9, 13 or 13A; and (b) the person is reckless as to whether the information is false or misleading in a material particular. Note: The fault element in paragraph (1)(b) can be demonstrated by proof of knowledge. See subsection 5.4(4) of the Criminal Code. (2) An offence against subsection (1) is punishable on conviction by: (a) imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both, if it is proved the person knew the information was false or misleading; or (b) imprisonment for a term not more than 1 year, a fine not more than 60 penalty units, or both, if it is proved the person was reckless as to whether the information was false or misleading. Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection. (2A) A person commits an offence if: (a) the person provides information in response to a requirement or request under Part 7, 8, 9, 13 or 13A; and (b) the person is negligent as to whether the information is false or misleading in a material particular. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2B) An offence against subsection (2A) is punishable on conviction by a fine not more than 30 penalty units. Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection. (3) Subsections (1) and (2A) do not apply to a requirement to provide information that is imposed by a condition attached to an environmental authority. Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.