Misleading information
159 Misleading information
(1) An applicant under section 129(1) or 154(1) commits an offence if:
(a) the applicant intentionally gives information to another person in or in connection with the application; and
(b) the other person is authorised by this Part to require the provision of that information; and
the applicant knows the information is misleading; and
(d) the applicant knows the other person is acting in an official capacity.
Maximum penalty: 50 penalty units.
(2) An applicant under section 129(1) or 154(1) commits an offence if:
(a) the applicant intentionally gives a document to another person in or in connection with the application; and
(b) the other person is authorised by this Part to require the provision of that document; and
(c) the applicant knows the document contains misleading information; and
(d) the applicant knows the other person is acting in an official capacity.
Maximum penalty: 50 penalty units.
Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the applicant, when giving the document:
(a) draws the misleading aspect of the document to the other person's attention; and
(b) to the extent to which the applicant can reasonably do so – gives the other person the information necessary to remedy the misleading aspect of the document.
In this section:
acting in an official capacity, in relation to a person authorised by this Part to require the provision of information or a document, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Part.
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