23Knowingly making false or misleading representation in relation to an export declaration

#### 23 Knowingly making false or misleading representation in relation to an export declaration (1) A person contravenes this subsection if: (a) waste material is entered for export by the person; and (b) the waste material is regulated waste material; and (c) at the time the waste material is entered for export: (i) the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in an export declaration; and (ii) the person does so knowing that the representation is false or misleading. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: Imprisonment for 5 years or 300 penalty units, or both. (3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 600 penalty units. Exception (5) Subsection (1) does not apply if the representation is not false or misleading in a material particular. > Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).