112False or misleading information about waste

112 False or misleading information about waste (b) the conduct results in information about waste being given to another person in the course of dealing with the waste; and (c) the person knows that the information is false or misleading in a material particular. Maximum penalty: 200 penalty units.

(2) A person commits an offence if the person— (b) the conduct results in information about waste being given to another person in the course of dealing with the waste; and (c) the information is false or misleading in a material particular; and (d) the person is reckless as to whether the information is false or misleading in a material particular. (3) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that the defendant took reasonable steps to ensure that the information was not false or misleading in a material particular. Note The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59). (4) If the court is satisfied that a person charged with an offence under subsection (1) is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under subsection (2), the court may find the person guilty of the offence under subsection (2). (5) For this section, information is taken to be given to a person in the course of dealing with waste if it is given— (a) in the course of an activity relating to the sale or disposal of waste; or (b) in the course of an activity relating to the storage, collection, transport, handling, deposit, transfer, processing, recycling, recovery, re-use or use of the waste. (6) Proceedings for an offence against this section may be commenced only at the request of the waste manager.

give information includes cause or permit information to be given. information includes a record containing information. information about waste means information about any of the following: (a) the type, classification, characteristics, composition or quantity of the waste; (b) the actual or proposed storage, collection, transport, handling, deposit, transfer, disposal, processing, recycling, recovery, re-use or use of the waste; (c) the hazards or potential harm to the environment or human health associated with the waste or an activity referred to in paragraph (b).