False or misleading information
31D False or misleading information
A person to whom a notice is given under section 31A, 31AA, 31B or 31BA commits an offence if:
the person gives information to the Secretary in compliance or purported compliance with the notice; and
the person does so knowing that the information:
is false or misleading; or
omits any matter or thing without which the information is misleading.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
A person to whom a notice is given under section 31A, 31AA, 31B or 31BA commits an offence if:
the person gives information to the Secretary in compliance or purported compliance with the notice; and
the information:
is false or misleading; or
omits any matter or thing without which the information is misleading.
Penalty: 100 penalty units.
An offence against subsection (1A) is an offence of strict liability.
Subsection (1) or (1A) does not apply as a result of subparagraph (1)(b)(i) or (1A)(b)(i) if the information is not false or misleading in a material particular.
A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Subsection (1) or (1A) does not apply as a result of subparagraph (1)(b)(ii) or (1A)(b)(ii) if the information did not omit any matter or thing without which the information 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.
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