Section 490 — Environment Protection and Biodiversity Conservation Act 1999: Providing false or misleading information in response to a condition on an approval or permit

(1) A person commits an offence if: (a) the person is the holder of an environmental authority; and (b) a condition attached to the environmental authority requires the person to provide information; and (c) the person provides information in response (or purportedly in response) to the requirement; and (d) the person is reckless as to whether the information is false or misleading in a material particular. Note: The fault element in paragraph (1)(d) can be demonstrated by proof of knowledge. See subsection 5.4(4) of the Criminal Code. (2) The offence 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.