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COMMONWEALTHAct
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s 291

False information

In force
Volume 1Chapters 1 to 6 (sections 1 to 322)
Chapter 4Remedies
Part 4-2Power of the court to grant remedies
Division 2Power of the court to grant remedies

291 False information

(1)

A person must not:

(a)

in purported compliance with a requirement made under this Chapter; or

(b)

in the course of an examination of the person;

give information, or make a statement, that is false or misleading in a material particular.

Criminal penalty: 5 years imprisonment.

(2)

A person must not, at a hearing, give evidence that is false or misleading in a material particular.

Criminal penalty: 2 years imprisonment.

(3)

It is a defence to a prosecution for a contravention of subsection (1) or (2) if it is proved that the defendant, when giving the information or evidence or making the statement, believed on reasonable grounds that it was true and not misleading.

Note:

A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4 of the Criminal Code).

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