Civil penalty provision for false or misleading documents
530 Civil penalty provision for false or misleading documents
An entity is liable to a civil penalty if:
the entity produces a document to another person; and
the entity does so knowing that the document is false or misleading in a material particular; and
the document is produced in compliance or purported compliance with this Act.
Civil penalty: 100 penalty units.
Subsection (1) does not apply to an entity that produces a document if the document is accompanied by a written statement signed by the person specified in subsection (3):
stating that the document is, to the knowledge of the person, false or misleading in a material particular; and
setting out, or referring to, the material particular in which the document is, to the knowledge of the person, false or misleading.
A defendant bears an evidential burden in relation to the matter in this subsection: see section 96 of the Regulatory Powers Act.
For the purposes of subsection (2), the statement must be signed by the following person:
if the entity is an individual—the individual;
if the entity is a body corporate—a competent officer of the body corporate;
if the entity is a partnership—one of the partners;
if the entity is an unincorporated association—a member of the association’s governing body.
This Act’s bill:Explanatory memorandumSecond reading speech
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