Statutory requirement

As a statutory requirement there are, as you might expect, implications for failure to comply with the legislation.

The most common punishments take the forms of fines which can be imposed for any of the following.

  • failure to register
  • failure to disclose information
  • failure to provide a carbon footprint
  • failure to provide an annual report
  • providing an inaccurate report
  • failure to keep comprehensive records

There is also provision however, in extreme situations, for imposition of a custodial sentence.
The following examples could result in imprisonment and/or financial penalty.

  • Knowingly or recklessly make false or misleading statement
  • Falsification of evidence
  • Attempt to deceive or mislead the administrator.
  • Non-compliance with enforcement
  • Failure to comply with an enforcement notice
  • Intentionally obstruct the administrator
  • Failure to provide assistance, facilities and information or to permit any inspection
  • Failure to appear, or prevent any other person from appearing, before the administrator as part of an inspection