Giving information derived from false or misleading documents
145.5 Giving information derived from false or misleading documents
A person commits an offence if:
the person dishonestly gives information to another person; and
the information was derived, directly or indirectly, from a document that, to the knowledge of the first‑mentioned person, is false or misleading in a material particular; and
the document is:
kept, retained or issued for the purposes of a law of the Commonwealth; or
made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or
held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and
the first‑mentioned person does so with the intention of:
obtaining a gain; or
causing a loss.
Penalty: Imprisonment for 7 years.
Absolute liability applies to the paragraph (1)(c) element of the offence.
A person commits an offence if:
the person dishonestly gives information to another person; and
the information was derived, directly or indirectly, from a document that, to the knowledge of the first‑mentioned person, is false or misleading in a material particular; and
the first‑mentioned person does so with the intention of:
obtaining a gain from another person; or
causing a loss to another person; and
the other person is a Commonwealth entity.
Penalty: Imprisonment for 7 years.
In a prosecution for an offence against subsection (2), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
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