Misleading information
105 Misleading information
A person commits an offence if:
the person intentionally gives information to another person; and
the other person is a designated person; and
(c) the information is misleading and the person has knowledge of that circumstance; and
(d) the designated person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
A person commits an offence if:
the person intentionally gives a document to another person; and
the other person is designated person; and
(c) the document contains misleading information and the person has knowledge of that circumstance; and
(d) the designated person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the designated person's attention; and
(b) to the extent to which the person can reasonably do so – gives the designated person the information necessary to remedy the misleading aspect of the document.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).
In this section:
misleading information means information that is misleading in a material particular or because of the omission of a material particular.
This Act’s bill:Explanatory statementSecond reading speech
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