64Falsely or recklessly making or issuing certain documents

64 Falsely or recklessly making or issuing certain documents

64 Falsely or recklessly making or issuing certain documents

(1) A person must not make or issue a relevant document if the person—

(a) knows or ought to know the document is false or misleading, or

(b) is reckless as to whether the document is false or misleading.

Maximum penalty—

(a) for an individual—600 penalty units, or

(b) otherwise—3,000 penalty units.

(2) A person cannot be prosecuted under this section in relation to a complying development certificate if—

(a) proceedings have been brought under the Environmental Planning and Assessment Act 1979, section 4.31 for an order declaring the certificate to be invalid, and

(b) the Land and Environment Court has refused to make the order.

(3) In this section—

relevant document means the following—

(a) a complying development certificate,

(b) a strata certificate under the Strata Schemes Development Act 2015,

(c) a certificate of compliance under the Swimming Pools Act 1992, Part 2, Division 5,

(d) an approval under this part,

(e) a compliance declaration,

(f) a prefabricated building declaration,

(g) prefabricated building instructions.