Misleading information
189 Misleading information
A person commits an offence if:
the person intentionally gives information to another person; and
(b) the information is misleading and the person has knowledge of that circumstance; and
(c) the other person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
A person commits an offence if:
the person intentionally gives a document to another person; and
(b) the document contains misleading information and the person has knowledge of that circumstance; and
(c) the other person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(3) It is a defence to a prosecution for an offence against subsection (1) or (2) if the person, when giving the information or document:
(a) draws the misleading aspect of the information or document to the other person's attention; and
(b) to the extent to which the person can reasonably do so – gives the other person the information necessary to remedy the misleading aspect of the information or document.
Note for subsection (3)
The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).
In this section:
acting in an official capacity, in relation to a person, means the person is performing functions under, or otherwise related to the administration of, this Act.
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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