Page:Resource Sustainability Act 2019.pdf/38

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RESOURCE SUSTAINABILITY
39


PART 8
MISCELLANEOUS

Giving false information

42.—(1) A person commits an offence if the person makes a statement or gives any information or document required to be made or given under this Act that the person knows or ought reasonably to know to be—

(a) false in a material particular; or
(b) misleading by reason of the omission of a material particular.

(2) A person who is guilty of an offence under subsection (1) shall be liable—

(a) on the first conviction to a fine not exceeding $5,000; and
(b) on a second or subsequent conviction to a fine not exceeding $10,000.

Restriction on disclosure of confidential information

43.—(1) This section applies if—

(a) any information or document is given by a person to the Agency under this Act; and
(b) at the time the information or document is given, the person giving it notifies the Agency in writing that it is of a confidential or commercially sensitive nature.

(2) The Agency must not disclose to any person the information or the contents of a document to which this section applies unless—

(a) the Agency is of the opinion that—
(i) the disclosure of the information or the contents of the document would not cause detriment to the person supplying it or to any other person who is aware of the information or the contents of the document; or