Giving false or misleading information to auditor
49DA Giving false or misleading information to auditor
Offence—person knows the information is false or misleading etc.
A person commits an offence if:
the person is an employee or officer of a general insurer or authorised NOHC; and
the person gives information, or allows information to be given, to an auditor of the general insurer or authorised NOHC; and
the information relates to the affairs of the general insurer or authorised NOHC; and
the person knows that the information:
is false or misleading in a material particular; or
is missing something that makes the information misleading in a material respect.
Penalty: Imprisonment for 5 years or 200 penalty units, or both.
Offence—person fails to ensure the information is not false or misleading etc.
A person commits an offence if:
the person is an employee or officer of a general insurer or authorised NOHC; and
the person gives information, or allows information to be given, to an auditor of the general insurer or authorised NOHC; and
the information relates to the affairs of the general insurer or authorised NOHC; and
the information:
is false or misleading in a material particular; or
is missing something that makes the information misleading in a material respect; and
the person did not take reasonable steps to ensure that the information:
was not false or misleading in a material particular; or
was not missing something that makes the information misleading in a material respect.
Penalty: Imprisonment for 2 years or 100 penalty units, or both.
Determining whether information is false or misleading
If information is given to the auditor in response to a question asked by the auditor, the information and the question must be considered together in determining whether the information is false or misleading.
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