reg 2F

Offence—preparing false or misleading unit title assessment report

In force

(1)

A unit title assessor commits an offence if—

(a)

the unit title assessor prepares a unit title assessment report; and

(b)

the report—

(i)

is false or misleading; or

(ii)

omits something without which the report is false or misleading; and

(c)

the person knows, or is reckless as to whether the report—

(i)

is false or misleading; or

(ii)

omits something without which the report is false or misleading.

Maximum penalty: 60 penalty units.

(2)

Each partner of a unit title assessor commits an offence if—

(a)

the unit title assessor prepares a unit title assessment report; and

(b)

the report—

(i)

is false or misleading; or

(ii)

omits something without which the report is false or misleading; and

(c)

the partner, or one of the partners, knows, or is reckless as to whether—

(i)

the report is false or misleading; or

(ii)

omits something without which the report is false or misleading.

Maximum penalty: 60 penalty units.

(3)

It is a defence to a prosecution for an offence against subsection (2) if the partner proves—

(a)

that—

(i)

the partner did not know about the false or misleading report; and

(ii)

reasonable precautions were taken and appropriate diligence was exercised to avoid the preparation of a false or misleading report; or

(b)

that the partner was not in a position to influence the other partners in relation to the preparation of the report.

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