Queensland Consolidated Acts

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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 480

480 False or misleading documents

(1) A person must not give to the administering authority or an authorised person a document containing information that the person knows, or ought reasonably to know, is false or misleading in a material particular.

Maximum penalty—1665 penalty units or 2 years imprisonment.

(2) Subsection (1) does not apply to a person who, when giving the document—

(a) informs the administering authority or authorised person of the extent to which the document is false or misleading; and
(b) gives the correct information to the administering authority or authorised person if the person has, or can reasonably obtain, the correct information.

(3) It is enough for a complaint for an offence against subsection (1) to state the person knew, or ought reasonably to have known, the document was false or misleading, without specifying which of the following applies—

(a) the person knew it was false;
(b) the person knew it was misleading;
(c) the person ought reasonably to have known it was false;
(d) the person ought reasonably to have known it was misleading.

(4) Without limiting subsection (1), a document is taken to be false or misleading if—

(a) it includes a certification under section 309Q(c) or 311F(2) and the code compliance condition for the code compliant authority for which the certification was given is not complied with; or
(b) it is a certification under section 154(1)(c)(ii), 260A or 603A(c) and a standard environmental condition for the code compliant authority which the certification relates to is not complied with.

(5) However, subsection (4) does not apply if the person shows that when the certification was made the person had reasonable grounds to believe that the person could comply with the condition.



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