Offence—false or misleading information given in connection with a sanction law
17 Offence—false or misleading information given in connection with a sanction law
A person commits an offence if:
the person gives information or a document to a Commonwealth entity; and
the information or document is given in connection with the administration of a sanction law; and
the information or document:
is false or misleading; or
omits any matter or thing without which the information or document is misleading.
Penalty: Imprisonment for 10 years, 2,500 penalty units or both.
A person (the first person) commits an offence if:
the first person gives information or a document to another person; and
the first person is reckless as to whether the other person or someone else will give the information or document to a Commonwealth entity in connection with the administration of a sanction law; and
the information or document:
is false or misleading; or
omits any matter or thing without which the information or document is misleading.
Penalty: Imprisonment for 10 years, 2,500 penalty units or both.
Subsection (1) or (2) does not apply:
as a result of subparagraph (1)(c)(i) or (2)(c)(i) if the information or document is not false or misleading in a material particular; or
as a result of subparagraph (1)(c)(ii) or (2)(c)(ii) if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.
A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.
Geographical application of offences
Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).
This Act’s bill:Explanatory memorandumSecond reading speech
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