Protection of the Environment Operations Act 1997
211Offences
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211 Offences
211 Offences
(1) A person who, without lawful excuse, neglects or fails to comply with a requirement made of the person under this Chapter is guilty of an offence.
Maximum penalty, subject to sections 204 and 208—
(a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or
(b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues.
(2) A person who furnishes any information or does any other thing in purported compliance with a requirement made under this Chapter, knowing that it is false or misleading in a material respect is guilty of an offence.
Maximum penalty, subject to sections 204 and 208—
(a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or
(b) for an individual—$500,000 or imprisonment for 18 months, or both, and, for a continuing offence, a further penalty of $120,000 for each day the offence continues.
(3) A person who delays, obstructs, assaults, threatens or intimidates an authorised officer in the exercise of the authorised officer’s powers under this Chapter is guilty of an offence.
Maximum penalty, subject to sections 204 and 208—
(a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or
(b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues.
(3A) A person who wilfully delays, obstructs, assaults, threatens or intimidates an authorised officer in the exercise of the authorised officer’s powers under this Chapter is guilty of an offence.
Maximum penalty, subject to sections 204 and 208—
(a) for a corporation—$4,000,000 and, for a continuing offence, a further penalty of $480,000 for each day the offence continues, or
(b) for an individual—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues.
(3B) If the court is satisfied that a person charged with an offence under subsection (3A) is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under subsection (3), the court may find the person guilty of the offence under subsection (3), and the person is liable to punishment accordingly.