Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 70CA

Making of statements known to be false or misleading

             (1)  A person is guilty of an offence if:

                     (a)  the person makes an oral or written statement:

                              (i)  that an instrument under this Act has been given to, or on the application of, the person; or

                             (ii)  that an instrument under this Act given to, or on the application of, the person is in force; or

                            (iii)  as to the terms of an instrument under this Act given to, or on the application of, the person; or

                            (iv)  as to any conditions to which an instrument mentioned in subparagraph (iii) is subject; or

                             (v)  that the person is a party to a compliance agreement; or

                            (vi)  as to the terms of a compliance agreement to which the person is a party; or

                           (vii)  as to any conditions to which a compliance agreement mentioned in subparagraph (vi) is subject; and

                     (b)  the statement is false or misleading in a material particular; and

                     (c)  the person knows that the statement is false or misleading in that particular.

Maximum penalty: Imprisonment for one year.

Negligently making false or misleading statements

             (2)  A person is guilty of an offence if:

                     (a)  the person makes an oral or written statement:

                              (i)  that an instrument under this Act has been given to, or on the application of, the person; or

                             (ii)  that an instrument under this Act given to, or on the application of, the person is in force; or

                            (iii)  as to the terms of an instrument under this Act given to, or on the application of, the person; or

                            (iv)  as to any conditions to which an instrument mentioned in subparagraph (iii) is subject; or

                             (v)  that the person is a party to a compliance agreement; or

                            (vi)  as to the terms of a compliance agreement to which the person is a party; or

                           (vii)  as to any conditions to which a compliance agreement mentioned in subparagraph (vi) is subject; and

                     (b)  the statement is false or misleading in a material particular; and

                     (c)  the person is negligent as to whether or not the statement is false or misleading in that particular.

Maximum penalty: Imprisonment for 6 months.

Definition

             (3)  In this section:

"instrument under this Act" means an approval, authorisation, permission or permit under this Act.